HomeMy WebLinkAbout1965-04-20-min SELECTMEN'S Mh:h1TING
April 20, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen ' s Room, Town Office Building, on
Tuesday, April 20, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, executive Clerk, were
also present.
Mr. Anthony DiGiovanni, a representative of the
Mystic Valley Gas Company, met with the Board.
The Chairman said he surmised Mr. DiGiovanni was
familiar with the problem on Blake Road and stated the
Superintendent of Public Works had informed the company,
prior to the construction of the road, that it should Blake Road
plan to do whatever it had to do prior to construction. Gas
Mr. DiGiovanni said that was correct.
The Chairman said the company failed to do it, and
he did not know what the Board was going to do, but
there are citizens up there who would like to use gas.
He stated the Board does not like to hurt its citizens,
but it must support the Superintendent of Public Works,
particularly when he has given ample warning.
Mr. DiGiovanni said the company has taken a few
steps to prevent this from occurring in the future.
Any time now it has letters from the Superintendent of
Public Works as to streets, a copy is made and sent to
the sales department. If that department has any people
that it has talked to, or knows of any future jobs in the
area, it can go in and plan the work. He said this
slipped by intentionally on the company' s part because
it did not have anything in this area to put gas in for .
He said if stubs are put in every road, many times they
are not used. He said a water stub might be used but
gas stubs might be in the street for years and never
used. He stated Blake Road was one case where the
company had not heard of any new business going in the
area. He explained a year after the road was ccnstructed,
Mr. Moore applied for gas for his four lots.
Mr. DiGiovanni submitted a plan showing three lots,
1, 2 and 3 on one side of the street and one lot on the
opposite side.
Mr. Cataldo asked how the company would put the gas
in.
Mr. DiGiovanni replied the least amount of tearing
up. He said t he company would have to open up where it
ties on the gas line. lie pointed out to the Board an
area on the plan where the street would be opened and
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where the line would go, and explained the company would
end up with a parallel gas line.
Mr. Carroll explained he had seen this plan before.
The Chairman asked if it met with his apiroval, and
Mr. Carroll replied in the negative.
The Chairman asked if there was any alternative that
would be acceptable.
Mr. Carroll replied not if the Board wants to con-
tinue the policy of building betterment streets and not
digging them up for a certain period of time.
The Chairman said as far as he was concerned, he
would want to follow the policy.
Mr. Carroll said he w( uld rather see four pavement
cuts than what is proposed on the plan .
The Chairman asked if there were any other situations
in Town that he knew of at this time of a similar nature.
Mr. Carroll replied it is difficult to draw parallels
on situations like this .
Mr. DiGiovanni said the company would agree that in
the future there would be no excuses for this happening
again. He said the company does not like to run a stub
in every vacant lot. He said an effort would be made
to make the sales department aware of any streets that
are going to be constructed.
The Chairman asked, assuming a street were paved
and the company did not have the stubs in, if it would
expect permission.
Mr. DiGiovanni replied it did not expect it here
except the customer would like to use gas He stated
this is something the company would like to keep away
from.
Mr. Carroll said he would just as soon see three
or four pavement cuts. He stated once a street is paved
under that Betterment Act, it is not wise to permit a utility
company to come in and open it up because it becomes habit-
forming and there is always a reason for it. He said the
utility companies should understand when they are given
ample notice. He stated this same argument used on Blake
Road can be used on Massachusetts Avenue, that a man wants
gas. He said his objection is, that it is second-rate
construction because it puts another underground utility
in the street which at some time someone is going to have
to watch out for because it is there. He said he could
not of course definitely say that the Town will ever need
that shoulder for anoth ,r utility.
Mr. DiGiovanni said this is something the company
frowns on. Any time there are parallel lines, it is only
a problem and the company does not like it either . It
just wanted to avoid four openings
Mr. Cataldo asked if Mr. Moore owned this land.
Mr. Carroll replied in the affirmative and said he
petitioned for the gas.
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Mr. DiGiovanni advised that Mr. Moore has been heating
with electricity and now going back to gas . He has not
been a gas customer for over two years.
Mr. DiGiovanni retired at 7:50 P.M.
Mr. Sheldon said if the Board granted four cuts, it
should be understood it, in no way, is establishing a
precedent.
Mr. Cataldo said the company should also be required
to patch accoxdLng to Mr . Carroll' s specifications .
Mr. Burnell said it seemed to him that the gas company
could do this same thing again.
Mr. Cattldo explained that if the gas company came in
and asked for permission, and an outside gasfitter was go-
ing to do the work, he would be opposed. However, in this
instance, a local gasfitter is going to do the work.
Upon motion duly made and seconded, it was unanimously
voted to approve four cuts.
Mr. Carroll referred to land owned by Ned Rasor, lo-
cated at the corner of Follen and Marrett Roads. Mr. Rasor
met with the Board last week and discussed a drainage problem.
Mr. Carroll submitted a plan showing the Rasor property
and the Town land that abuts it. He explained at the present
time there is a storm drain from Richard Road to a low spot
and water is dumped onto the parcel of land the Town owns.
The water then comes out and runs toward Marrett Road and Rasor
goed down to a brook. He said the problem is, #1, the drainage
Town is dumping water on an area he indicated on the plan.
He explained the drain was put in August, 1943, but he has
been unable to find any record of the Selectmen ever taking
an easement. The other problem is the brook system which
runs through here and fills up so there would still be the
problem of water in the Rasor land because of the brook
system. He explained the Town has the right to go in and
clean any brook. lie said to clean this piece of brook
and do it right, it should be done down to Clematis Brook.
The piece from the Rasor land to the Dailey property would
have to be done by hand at a cost of $1500. The rest can
probably be cleaned by machine and the total expenditure
would be in the vicinity of $3,000. He said there. are funds
in the Highway Maintenance to clean brooks and it is not
a question of getting additional money. There is a problem
of what Mr. Rasor wants the Town to do about this situation
and what the Townts rights are because it has been dumping
water here for twenty years.
Mr. Sheldon mentioned that when t"Lr. Rasor met with too
Board, he intimated that he would be willing to share the
expense. He said he wondered if Mr. Rasor would pay for
the work on his own property.
Mr. Cataldo said a new brook would have to be dug on
his property.
Mr. Sheldon asked what expense would be involved on
Mr. Rasor ' s property if the entire job was done .
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Mr. Cataldo replied it would cost $2,000 or $3, 000 to
put a pipe through his property.
Mr. Cataldo asked if the brook Mr . Carroll proposed
would take everything that is coming in there and he
replied in the affirmative.
Mr. Cataldo said the Board would have to make a taking.
Mr. Carroll said the Planning Board has been talking
about taking a piece of land for an access to the Town land.
Mr. Mabee said the Planning Board has talked for about
eight years about getting an access to that land.
Mr. Carroll explained the easement would not be entirely
within the piece of land the Town is talking about acquiring.
The Chairman asked if Mr. Carroll had any recommendations
and he replied in the negative.
The Chairman said he wanted fair and equitable treat-
ment and asked what steps should be taken to keep this area
in a neat condition.
Mr. Carroll explained signs had been erected but were
stolen.
Mr. Sheldon suggested that Mr. Carroll get an opinion
from the Planning Board and then discuss the subject further.
Mr. Carroll said he thought someone should talk to Mr.
and Mrs. Rasor and get their feeling as to what they want
and advise them of what the Town wants .
The Chairman asked Mr. Carroll to discuss the subject
with the Planning Board and explain the problem to that
Board.
Upon motion duly made and seconded, it was voted
to adopt the following Orders for land acquisition
and construction of ways, awards of damages haling
been determined by the Board in mxecutive Session,
earlier in the evening;
Relocate and lay oat as a town way the way
known as Skyview Road at Rangeway;
Columbus Street from Cedar Street a distance
of 600 feet, more or less, westerly;
Chase Avenue from Bennett Avenue a distance of
250 feet, more or less, southerly;
Bennett Avenue from Tarbell Avenue a distance
of 160 feet, more or less, westerly to Chase Avenue;
Melrose Avenue from Bow Street a distance of
400 feet, more or less, westerly to Cliffe Avenue.
Petition from the New England Telephone and Telegraph
Company for permission to locate a j/o pole on Waltham
Pole Street, southeasterly side, approximately 730 feet south-
location west of Worthen Road, was held over.
Mr. Carroll report, d the petitioner is requesting
a tree guy and he has had very bad experience with the
telephone company in removing tree guys once they were
put up. He recommended that the petition be denied and
the company told to try and get a guy wire on private
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property.
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Upon motion duly made and seconded, it was voted
to deny the petition of the New England Telephone and
Telegraph Company for permi ion to locate a j/o pole
on Waltham Street, southeasterly side, approximately 730
feet southwest of Worthen Road and that the petitioner
be advised to try and arrange to place a guy wire on private
property.
The Chairman read a letter from Murray Dearborn ,
on behalf of Grace Chapel, asking about plans for in-
stallation of lights on Worthen Road.
Mr. Carroll reported that last week he requested
the Boston Edison Company to give him a layout and op-
erating costs. The annual op, rating cost to the Town Street
was $1,291 . It would cost that much money to light lights
Worthen Road. He said he felt the Town could get by
with less lighting and he is going to contact the Boston
Edison Company and see if it will reduce the lighting and
get the cost down to $600 or $800.
The Chairman said he would advise Mr. Dearborn that
the Board is working on this and there should be street
lights installed shortly.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, deliberating or voting on matters, which, if Executive
made public, might adversely affect the public security, Session
the financial interest of the Town, or the reputation
of any person.
Mr. Carroll retired.
Following discussion with the Board of Assessors,
they retired and Mr. Carroll returned to the meeting.
Following discussion pertaining to street orders,
Mr. Carroll retired, and the Board of Health met with
the Selectmen.
After a discussion relative to the B.L.Cummings
Milk Company, it was vot_d to resume the open meeting.
Mr. Leslie York met with the Board. He said the
TMHA has elected him Chairman and he wanted to say that
the group as a whole wants to keep the lines of communi-
cation open to all Boards, including the Board of Select-
men. He said, as Chairman, it is his purpose to strengthen
the organization itself as far as reaching the Town fleeting
Members is concerned. He will try to have every Town
Meeting Member not go to Town 1`1 eting and not know what
the points are. The Town !"leeting members will be aware
there is a lot more to being a member than just sitting
on the floor and voting. He plans to have three precinct
meetings and a general meeting. The general meeting
will have nothing to do with what will b e coming up at
Town Meeting. It will be an educational program on the
Association' s part. lie reported that he plans to have a
meeting the first Wednesday of every month. The next
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310.
meeting will be for the purpose of getting the committees
started. At a later meeting, he would like the Selectmen
to attend. Then there will be a meeting with the Moderator.
He said there may be one committee working on just getting
out information for Town "eating.
Mr. York said the TMT.A has a Treasurer. This is
not in the By-Laws and asked if the By-Laws could be
changed.
The Chairman explained these By-Laws were made by
the group and can be changed by the group. He also sug-
gested there are attorneys in the association who could
help.
Mr. York retired at 1-: 02 P.M.
Mr. Legro stated he had prepared an Order of Taking
relating to the widening of Massachusetts Avenue , awarding
Mass. Ave. damages made by the Board, assessing no betterments and
widening giving the owners six months from the date of the order.
Upon motion duly made and seconded, it was voted
to execute the Order of Taking in he following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
At a meeting of the Board of Selectmen of the Town of Lex-
ington held this 20th day of April, 1965, it is
ORDERED: WHEREAS, the Board of Selectmen of the Town of
Lexington, having determined and adjudged that common conw
venience and necessity require that a portion of Massa-
chusetts Avenue be altered and relocated as a highway from
a point 382 feet, more or less, southeasterly of Meriam
Street and extending southeasterly 235 feet, more or less,
and having complied with the requirements of law relative
to notice, and having received a report thereon from the
Planning Board of the Town, did on February 24, 1965, alter
and relocate as a highway Massachusetts Avenue from a point
382 feet, more or less, southeasterly of Meriam Street and
extending southeasterly 235 feet, more or less, as shown on
plan entitled "Plan of Alteration and Relocation of Massa-
chusetts Avenue, Lexington, Mass.", dated January 8, 1965,
by John J. Carroll, Town Engineer, to be recorded and regis-
tered herewith, and having duly filed the report of such
alteration and relocation with the boundaries and measure-
ments of the same with the Town Clerk on February 25, 1965; and
WHEREAS, at a Town Meeting duly called, warned and held on
the 15th day of March, 1965, namely at an adjourned session
thereof duly held on March 22, 1965, in accordance with the
provisions of law applicable thereto, it was
"VOTED To accept the alteration and relocation of a
portion of Massachusetts Avenue from a point 382 feet, more
or less, southeasterly of Meriam Street and extending south-
easterly 235 feet, more or less, as altered and relocated
by the Selectmen and shown upon a plan on file in the office
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of the Town Clerk dated January 8, 1965, and to
authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor; and
to appropriate for such land acquisition and for the
widening of Massachusetts Avenue as so altered and
relocated the sum of $250,000.00, of which $50,000.00
is to be raised in the current tax levy and the
balance of $200,000.00 is to be provided by the issue
of bonds or notes of the Town; and that the Treasurer,
with the approval of the Selectmen, be and she hereby
is authorized to borrow the sum of $200,000.00 and to
issue bonds or notes of the Town therefor, to be payable
in accordance with the provisions of Chapter 44 of the
General Laws, as amended, within a period not exceeding
ten years from their dates."
WHEREAS, the Board of Selectmen has determined that it
is necessary for the purposes of said alteration and relo-
cation of Massachusetts Avenue to acquire the land here-
inafter described;
NOW, THEREFORE, we the undersigned, being a majority
of the Board of Selectmen of said Town of Lexington, duly
elected, qualified and acting as such, do hereby, pursuant
to said vote and under and by virtue of the provisions of
Section 2L. of Chapter 82 of the General Laws of Massachusetts
and the provisions of Chapter 79 of the General Laws of
Massachusetts, and all acts in amendment thereof and in
addition thereto, and of any and every other power and
authority us hereto in any way enabling, take in fee in the
name and on behalf of the Town of Lexington for street
purposes the following land situated in said Lexington
and bounded and described as follows:
Beginning at a point in the southeasterly boundary
line of land of Bessie G. Baker shown as Land Court Lot
2 on plans hereinafter mentioned, which point is North
32°48'00" East and distant 26.07 feet from the southerly
corner of said Land Court Lot 2; thence running North
56°10'42" West through said Land Court Lot 2 and through
Land Court Lot 1 on said plans, distant 119.99 feet to a
point in the common boundary lines between said Land
Court Lot 1 and Land of 1775 Realty Trust, Hugo R.
Maienza, James Stevens , Joseph A. Trani, Trustees on
said plans; thence turning and running North 54°28'00"
West through said 1775 Realty Trust land, distant 110.04
feet to a point in the southeasterly side line of Depot
Square on said plans; thence turning and running South
40°44100" West along said southeasterly side line of
Depot Square and the "County Layout Line of 1927" of
Massachusetts Avenue as shown on said plan, distant
26.21 feet to a point; thence turning and running South
54°28'00" East along the "County Layout Line of 1916" of
Massachusetts Avenue as shown on said plans, distant
140.92 feet to a point; thence turning and running South
56°43'00" East along said "Ccunty Layout Line of 1916",
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``'
a.
distant 92.75 feet to a point; and thence turning and
running North 32°48' 00" East, distant 26.07 feet to the
point of beginning; all as shown on plans entitled
"Plan of Alteration and Relocation of Massachusetts
Avenue, Lexington, Mass.", dated January 8, 1965, John
J. Carroll, Town Engineer, and "Plan of Land Showing
Proposed Takings in Lexington, Mass.", dated Januany 8,
1965, John J. Carroll, Town engineer, both of which
plans are to be recorded and registered herewith, the
land hereinabove described consisting of Parcels 1, 2
and 3 as shown on said plan entitled "Plan of Land
Showing Proposed Takings in Lexington, Mass. ".
All trees, if any, upon said land and buildings and struc-
tures affixed thereto are expressly excluded from the taking,
and the owner or owners thereof shall remove the same within
six (6) months from the date of this order.
We award danages sustained by persons in their property by
reason of the taking hereby made as follows:
Rie istered Land
Certificate Damages
Owner Lot No. of Title No. Book Page Awarded
Bessie G. Baker 2 86116 560 166 $40,000.00
(Parcel 1,
2176 sq. ft.)
Joseph Trani, Inc. 1 97890 619 140 $12,000.00
(Parcel 2,
1018 sq. ft. )
Unregistered Land
Damages
Owner Lot No. Awarded
Hugo R. Na.ienza, James Stevens,
Joseph A. Trani, Trustees of
1775 Realty Trust Unnumbered
(Parcel 3,
2907 sq. ft. ) $100,000.00
In so awarding damages we have awarded them to the supposed
owner of record of the land hereby taken as of the date hereof,
but if the name of the owner of any interest in said land is not
stated, or is not correctly stated, it is tc be understood that
such interest is owned by an owner or owners unknown to us and
in such case our award is made to the lawful owner or owners
thereof.
No betterments are to be assessed for the improvement udr
which this taking is made.
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WITNESS our hands and seals in said Lexington the day and
year first above written.
TOWN OF LEXINGTON
By
/ /Fs/ Hobert Cataldo
/s/ Levi G . Burnell
/s/ I. H. Mabee
/s/ George C. Sheldon
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. April 20, 1965
Then personally appeared Lincoln P. Cole, Jr., Levi G.
Burnell, Robert Cataldo, George C. Sheldon, and Irving H. Mabee,
known to me to be the duly elected, qualified and acting
Selectmen of the Town of Lexington, and acknowledged the fore-
going instrument to be their free act and deed and the free act
and deed of the Town of Lexington, before me,
Donald E. Legro
Notary Public
My commission expires: March 14, 1970
Mr. Legro said he had a continuation of the contract
with Blue Cross and the Board would probably want to vote
to have the Chairman authorized to execute it which will Blue Cross
eliminate the necessity for chang ng the form. contract
Upon motion duly made and seconded, it was voted
to authorize the Chairman to execute the Continuation
Contract with Blue Cross as submitted by Town Counsel.
Mr. Legro said he had a contract between the Town
and the Commonwealth of Massachuset s relating to the
bituminous sidewalks on Waltham Street, the work to be Sidewalks
done by the State' s contractor and paid for by the Town
under an appropriation made at the Special Town Meeting
held June 8, 1964.
Upon motion duly made and seconded, it was voted
to sign the contract as submitted by Town Counsel.
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The Chairman read a letter from Mr. Jeremiah, Wire
Inspector, requesting permission to work for Brown and
Carpenter, contractor at the elementary school on
Middleby Road.
Wire Upon motion duly made and seconded, it was voted
Inspector to grant Mr. Jeremiah permission to work for the electrical
contractor, Brown and Carpenter, doing the work on the
Middleby Road elementary school.
Upon motion duly made and seconded, it was voted
to appoint Wallace Cupp, substitute Wire Inspector to
inspect the electrical work on the Middleby Road elemen-
tary school, payment to be made from the Wire Inspector' s
personal services budget.
Mr. Legro retired at 10:08 P.M.
Petition was received registering against a dog
owned by Mrs. Olive Berry, 519 Bedford Street. The
Chairman read a report of the investigation made by
Dog Officer Shaughnessy.
Upon motion duly made and seconded, it was voted
Dog to hold a hearing on Monday, May 3, 1965, at 8:30 P.M.
hearing in the Selectmen' s Room, to determine whether or not
an Order should be issued concerning the restraint or
disposal of the dog as may be deemed necessary.
The Chairman read a letter from Miss McDonough,
Town Treasurer, in regard to the $165,000 Sewer Loan.
Upon motion duly made and seconded, it was voted
Borrowing to approve the issuance of three notes and to accept
the bid of 2.40% at 100.00 payable annually, submitted
by the New England Merchants National Bank.
Upon motion duly made and seconded, it was voted
to certify the characters of the following individuals
Cert. of who have applied to the State for Certificates of
Inc. Incorporations, satisfactory references having been
received from Acting Chief Corr :
J. B. S. Holmes, 14 Middle Street; Barron C. Watson,
79 North Street; Rosetta Watson, 79 North Street; all
residents of Lexington.
Upon motion duly made and seconded, it was voted
Licenses to renew the following licenses:
John Graham 47 Bedford Street Guide renewal
John Corbett 22 Bedford Street It
Maribeth Leonardo 27 Cottage Street
Colonial Store 856 Mass. Avenue Sunday "
Wardrobe ' s Pharm. 807 Mass. Avenue " n
Robert Rockwell 3 Graham Road Autioneer "
Upon motion duly made and seconded, it wa:a voted
to go into Executive Session for the purpose of dis-
cussing, delibe ating or voting on matters which, if
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made public, might adversely affect the public security,
the financial interest of the Town, or the reputation Executive
of any person. Session
Following discussion pertaining to an expenditure
from the Bridge Charitable Fund and appointments, it
was voted to resume the open meeting.
Mr. Legro retired at 10:50 P.M.
Upon motion duly made and seconded, it was voted
to reappoint Robe t H. Farwell an Associate Member of Appointment
the Board of Appeals for a one-year term expiring March
31, 1966.
Upon motion duly made and seconded, it was voted
to reappoint Mr. William P. ritzgerald to the Board of Appointment
Fire Com issioners for a three-year term expiring May 1,
1968.
Upon motion duly made and seconded, it was voted
to reappoint Michael J. Shaughnessy, Dog Officer, and
Dr. Howard A. Smith, Second Dog Officer, for one-year Appointment
terms expiring May 1, 1966.
Upon motion duly made and seconded, it was voted
to adjourn at 11:05 P M.
A true record, Attest :
ecutivq 'Cler , Selec(men
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