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HomeMy WebLinkAbout1964-03-30-min 140 SRL CTMEN'S MEETING ' March 30, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 30, 1964, at 7 :30 P.M. Chairman Cole, Messrs . Brown, Burnell, Cataldo and Sheldon were present . Mr Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present Upon motion duly made and seconded, it was voted Drain to sign an Order of Taking on a drain easement from easement Lowell Street to Burroughs Road, presented by Mr.Legro, in the following form COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 30th day of March, 1964, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 4, 1963, namely at an adjourned session thereof duly held on March 18, 1963, in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install drains in such accepted er unaccepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and to raise and appropriate for such Installation and land acquisition the sum of $28,000.00:' WHEREAS the Selectmen have determined that it is neces- sary to install a covered surface and ground water drain or drains in the land hereinafter described. NOW, THERr,FORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 263 of the Acts 141 of 1926 and Chapter 79 of the General Laws, 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 the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, contruct, inspect, repair, renew, replace, operate and forever maintain a covered surface water and ground water drain or drains , with any manholes , pipes , culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexington extending from Lowell Street to Burroughs Road and bounded and described as follows : Beginning at a point in the southwesterly line of Lowell Street at the intersection of said south- westerly line of Lowell Street by the common boundary between Lot "A" and Lot "B" on plan hereinafter mentioned; thence running South 63°10'20" West, distant 293.06 feet to a stone bound at the southerly corner of said Lot "B"; thence turning and running North 27°22'40" West along the southwesterly boundary of said Lot "B", distant 31.16 feet to a point; thence turning and running North 40°29 '00" West along said southwesterly boundary of Lot "B", distant 15.64 feet to a point; thence turning and running North 30°58 '33" West through said Lot "B"; thence turning end running South 52°07 ' 34" West through Lot "B" and Lot 90, dis- tant 127.82 feet to a point in the northwesterly boundary of said Lot 90; thence turning and running South 33°19 '40" West along said northwesterly boundary of Lot 90, distant 5.61 feet to a point in the north- easterly line of Burroughs Road ; thence turning and running South 50°36 '00" East along said northeasterly line of Burroughs Road , distant 18.65 feet to a point; thence turning and running North 52°07 '34" E, distant 111.50 feet to a point in said Lot 90; thence turning and running South 30°58 '33" East , distant 99.20 feet to a point in said Lot 90; thence turning and running North 63°10 '20" East through said Lot 90 and said Lot "A", distant 305. 16 feet to a point in the south- westerly line of Lowell Street ; thence turning and running North 20°46 '00" Wrst along said southwesterly line of Lowell Street, distant 20.11 feet to the point of beginning; All as shown and marked in part "20 ' Drain Easement" and in part "Drain Easement" on plan entitled "Plan of Drain Easement F cr From Lowell Street to Burroughs Road Lexington, Mass. " dated February19, be recorded herewith and 1964, to recor e a copy of which is annexed hereto and made a part hereof. We do hereby also take temporary construction ease- ments, for use in constructing the drains to be installed in the permanent easement hereinabove described, in the following strips of land situated in said Lexington:. 1. A strip of land in said Lot "A" having a uniform width of 10 feet, measured at right angles between sidelines, and extending from the southwesterly line of Lowell Street to the southwesterly boundary of said Lot "A", said strip abutting upon and ex- tending the full length of the southeasterly boundary of that part of the above described per- manent easement marked "20 ' Drain Easement" that is in said Lot "A", all as shown and marked "10 ' Temporary Construction Easement" on said plan; and 2. A strip of land in said Lot 90 bounded and de- scribed as follows : Beginning at a point in the common boundary between said Lot "A" and said Lot 90 which point is South 27°22 '40" East and distant 20.00 feet from a stone bound bound located at the point at which the common boundary between Lot "A" and Lot "B" intersects the northeasterly boundary of Lot 90; thence running South 27°22'40" East, distant 10.00 feet to a point; thence turning and running South 63°10 '20" West, distant 13.79 feet to a point in Lot 90; thence turn- ing and running North 30°58 '33" West, distant 10.03 feet to a poiht in Lot 90 at the southerly corner of the above described permanent easment marked "Drain Easement" on said plan; thence turning and running North 63°10 '20" East along the southeasterly line of said permanent easement, distant 14.42 feet to the point of beginning; being part of the strip shown and marked "10' Temporary Construction Ease- ment" on said plan; and reference to said plan is made and said plan is in- corporated herein for a complete and detailed description of said strip of land The temporary conatructioneasements herein taken in- clude the right to enter upon the land taken, to deposit _ . 43 earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid drain construction. The construction easements shall terminate thirty days after the com- pletion of the drain construction, and, in any event, not later than April 1, 1965. Said rights and easements in the land included within the above description are taken without inter- ference with or prejudice to the rights of the respect- ive owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made. Any trees upon the land included within the above described strip of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : UNREGISTERED LAND Lots as Indicated Owner on Aforesaid Plan Paraska Hotz Lot "A" Peter J. Wallis and Anna Wallis, husband and wife Lot "B" Edmund M. Galante and Cynthia M. Galante, husband and wife Lot 90 144 b � t And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded WITNESS our hands at Lexington as aforesaid, this 30th day of March, 1964 /s/ Lincoln P Cole , Jr. /s/ Otis S. Brown, Jr. /s/ Robert Cataldo /s/ Levi G. Burnell /s/ George C. Sheldon Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. March 30, 1964 Then personally appeared Lincoln P. Cole, Jr , Otis S. Brown, Jr. , Levi G. Burnell, Robert Cataldo and George C. Sheldon, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument ix) be their free act and deed and the free act and deed of the Town of Lexington, before me, /sf Donald E. Legro Notary Public My commission expiresMarch 14, 1970 Mr. James J. Carroll, Town Clerk, met with the Board Jurors for the drawing of three jurors . The following indi- viduals were drawn for jury duty: Mr. Albert Clark, 39 Turning Mill Road, Jerome J. Joerger, 18 Fiske Road, Richard Wadler, 36 Hill Street Mr. Carroll retired Mr. Carroll reported that he and Mr. Gray had dis- cussed the proposed office to be made in the Selectmen's Room for Mr. Gray, and asked what type of partition the Partition Board wants He said one idea was a metal type, and Selectmen's the other idea was a Food type. He asked if the Board Office had given any consideration to the installation of a folding door so that the office could be opened up if there was a large crowd Mr. Sheldon said anything but the same type of material on the walls now would result in a makeshift job. 14iI) Mr. Carroll explained that the figure in the budget is based on using the same type of finish the room now has, and he received a quotation of $650 from Custance Brothers for a permanent type. Mr. Cataldo said he thought the Board had no alter- native but to go to the steel, and said the partition could not go all the way to the ceiling. He said he would put the banker's partition in and in this way, the room would not be changed. He said as far as the door is concerned, the room has to be closed off, and once the office is set up, there should not be anyone in it except those who belong there. He explained there would be two offices with an opening on each end and a partition just the other side of the drapes; two offices with windows Mr. Gray said the partition would be free standing with no holes in the floor or ceiling, but using wood would necessitate drilling holes in the floor The Chairman asked about using a folding door, and Mr. Cataldo stated that Lhe sprinklers would have to be taken out Mr. Burnell felt that a folding door would not make for a very congenial office space, and he preferred to see something made by Custance Brothers of the same type of wood in the room for Lhe bottom panel but follow- ing the same measurements used for a banker 's partition. Mr. Sheldon said he would like to obtain an architect 's opinion, but did not propose paying for it, and he would go along with the architect 's opinion whatever it was. He explained his only concern was the possibility of destroying the appearance of the room. Mr. Cataldo said he would go along with an interior decorator, but not an architect . Mr. Burnell said he did not think it necessary to consult an architect or interior decorator and suggested checking somewhere else on a wooden partition with a glass panel. The Chairman said the matter would be left with Mr. Gray and Mr. Carroll. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the follow- Pole ing j/o pole location: location East Strat, southerly side, at Lowell Street, One pole (One existing j/o pole to be removed. ) I 146 C7" Requests from the Metropolitan Building Movers Co. Permits for permission to move houses onto 116 Concord Avenue and Webster Road were referred to Mr. Carroll. Letter was received from the Board of Appeals with further reference to possible relocation of Pelham Road at the intersection of Massachusetts Avenue. Mr. Carroll explained that last year the Board Relocation voted to include an item in his budget to provide funds Pelham Road for building Pelham Road and extending Bennington Road. However, the project was taken out and it was also taken out this year. He said it is a question whether the Board wants to do this work or not. Mr. Sheldon asked who wants the road relocated and how much demand there is for it Mr. Carroll replied that it is a dangerous inter- section which has been discussed for seven or eight years He said the first step would be to have a layout made. The matter was left with Mr. Carroll and Mr. Gray. Each member of the Board had received a copy of Water & proposed Water and Sewer Service Regulations, as pre- Sewer pared by Mr Carroll. A copy was given to Mr. Legro Service this evening for the first time . Regulations The Chairman said he would like Mr Legro to have a week to study the proposed regulations . Mr. Carroll stated that he would like to distribute these by April 15. The matter was held over for one week. Mr. Robert E. Mitchell, 191 East Street, and Mr. William Mc 'atchy, 197 East Street, met with the Board East Street relative to a water problem in their back yards . drainage Mr. McLatchy said he would like to find out if complaint the situation was going to be corrected this year and when the work will be done Mr. Carroll stet ed that the problem will be taken care of by the drain between Lowell Street and Ridge Road He explained that the Town, at the present time, has no rights in Ridge Road. He stated that the culvert under Ridge Road is private and the Town is not responsi- ble for its maintenance. He explained that the Town could, however, take an easement and put a drain in, but it is not responsible for the present conditions . He stated the problem is that the culvert is blocked up. He advised that the street work will be put out on a contract and all he could say at the present time is that the work will be done this year 147 Mr. MoLatchy complained about mosquitoes and Mr. Carroll explained that all they had to do is to call his office or the office of the Eastern Middlesex Mos- quito Control. Messrs . Mitchell and MoLatchy retired at 8:10 P.M. Notice was received from the Department of Public Utilities relative to a hearing to be held Thursday, April 9, at 10 :00 A.M. , room 166 &tate House, on rates and charges of the Boston and Maine Railroad. Hearing The Chairman said he would attend if possible, and that Mr Gray should attend Letter was received from the Lexington Housing Authority asking for a copy of a list showing available parcels of land which might be suitable for housing for the elderly. Tax title Mr. Gray said he would see that the Authority re- ceived a copy of the tax title list . Letter was received from the Town Celebrations Committee inviting the Board to participate in the early morning parade scheduled for 7 :00 A.M. at the Parade Adams School, April 20 . Upon motion duly made and seconded, it was voted Blue Cross to authorize the Chairman to sign an Agreement, effect- Blue ive April 1, 1964, with the Blue Cross and Blue Shield. Shield Upon motion duly made and seconded, it was voted to approve bond #86,-72-21 in the amount of $3,000 on Bond behalf of Kenneth M. Cox, Constable. Upon motion duly made and seconded, it was voted to approve bond #F-139731 in the amount of $1,800 on Bond behalf of James J. Carroll, Town Clerk Letter from the Jaycees with reference to flying the American flag twenty-four -hours a day on the Battle Green was held over. Mr . Gray reported that the Jaycees will pay for Flag the installation of the required lighting, but after it is installed, they would expect the Town to pay for maintenance. The Jaycees would like the Board to request Congressional approval Upon motion duly made and seconded, it was voted to seek Congressional permission to fly the American flag on the Battle Green twenty-four hours a day. 14i jAP Upon motion duly made and seconded, it was voted Cert. of to certify the character of Wilfrid D. Sampson, et als, Inc. who have applied for a Certificate of Incorporation under the name of Lexington Youth Hockey League, Inc . Upon motion duly made and seconded, it was voted to grant permission to the Premiere Performance Company Use of to use Estabrook Hall on Saturday, April 4, from 7:30 E.M. hall until 10:30 P.M. , free of charge, subject to a fee for janitor 's overtime services. Upon motion duly made and seconded, it was voted Dump permit to grant a Yearly Dump Permit to Charles Calderone of Woburn who does landscaping work in Lexington. Upon motion duly made and seconded, it was voted Licenses to grant the following licenses : Bertram P. Gustin Auctioneer Laurence J White Taxi Driver Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on March 23. At 8:30 P.M. , Mr Douglas S. Robertson, 11 Grapevine Avenue, met with the Board to again register complaint against the manner in which Marshall 's Food Shoppe, Inc. Complaint is operating . He asked to have the property kept clean and the noise from a fan eliminated. Mr . Burnell stated that the Building Inspector and Executive Health Officer should check the plan periodi- cally. Mr. Robertson retired at 8 :45 P.M. It was agreed to write the Building Inspector and Executive Health Officer for facts Upon motion duly made and seconded, it was voted to make the following Annual Appointments Appointments APPOINTMENTS Terms expiring March 31, 1965, unless otherwise noted Building Inspector Donald K. Irwin Director of Civil Defense Arthur K. Burrell Director of Veterans ' Benefibs and Services Maurice D. Healy Executive Assistant, Selectmen Albert Gray, Jr. 49 APPOINTMENTSCONT'D. ( ) Executive Clerk, Selectmen Hazel J. Murray Fence Viewers Reverend Harold T. Handley John J. Garrity Field Drivers John W. Rycroft Benjamin W. Day Gas Inspector John B. Byrne, Jr. Lockup Keeper John W. Rycroft Park Department Superintendent Paul E. Mazerall Plumbing Inspector John B. Byrne, Jr. Public Works Superintendent John J. Carroll Public Works, Assistant Sup 't. Guy V. Colella Registrars of Voters (3 Yr term) Charles F. Vaughan Town Counsel Donald E. Legro Town Engineer John J. Carroll Town Engineer, Assistant Robert L. Higgins Tree Warden Paul E. Mazerall Veterans ' Graves Officer Maurice D. Healy Wire Inspector Robert K. Jeremiah APPOINTED BOARDS AND COMMITTEES Terms expiring March 31, 1965 unless otherwise noted Board of Appeals (5 year term) George P. Wadsworth (Acting under Building and Zoning By-Laws ) Board of Appeals - Associate Members J. Henry Duff y Ruth Morey George C.Sheldon Howard H. Dawes Robert H. Farwell Nathan B.Ricker Board of Public Welfare and Howard H. Dawes Old Age Assistance Bureau Robert K. Taylor Paul F. Bartel Robert P. Trask, Jr. David F Toomey Board of Retirement (3 year term George P. Morey Bridge Charitable Fund Trustees (5 Year term) George P. Morey Gemmel Legacy Income Trustees (Acting with Department of Public Mary E. Casey II4elfare ) Margaret L. West M- Mr. Gray read a report which he received from the Air tanks Insurance company inspector relative to the air tanks on Cary Memorial Building. He stated he would keep the Board advised. Mr. Gray reported that he had read the report of the examination made by the State of the Contributory Retirement Retirement System. He stated that the major problem System is the lack of time and work on the records, but with Report the employment of additional clerical help, the situ- ation will be corrected. Mr. Gray advised that he had received about ten applications for the positions available and asked how the Board wished to proceed Clerical The Chairman said he would leave it upto Mr.Gray help Mr. Gray reported that Mr Grush, Chairman of the Board of Assessors, called him and wants additional clerical help right away He said Mr. White also wants someone to work on the Retirement System. It was agreed to let Mr. Gray use his judgment in hiring additional clerical help. Mr. Gray reported that he received a letter from Mrs . Rich, Collector of Taxes, to which wss attached a list of ambulance charges covering the years 1959 Ambulance and 1960, she claims to be uncollectible. charges Following some discussion as to whether to try and collect the bills or abate them, it was voted to have Mr. Gray request the Collector to send a letter indicating small claims procedure would be in- stigated if the bills were not paid within a reasonable time; the letter to be sent out as regular procedure on bills over six months ' due. The Chairman was recorded in opposition. Mr. Gray read a letter from the Building Inspector with reference to Chapter 139 of the General Laws and Unsafe relative to a building owned by Stephen Trebino. building Mr. Legro said he would give the Board the proper procedure and the matter wa held over for one week Upon motion duly made an seconded, it was voted Police to request the Division of Civil Service to submit a list list of eligible applicants for appointment to the Police Department. Mr. Sheldon said he would like to have the Plan- ning Board in to discuss Spring Street and also the Lyonproperty on Waltham Street It was agreed to invite the Planning Board to meet with the Selectmen on Monday, April 6, at 8 :00 P.M. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on mattOrs, which, Executive if made public, might adversely affect the public Session security, the financial interest of the Town, or the reputation of any person. Following a discussion by Mr Carroll, Superintendent of PLblic Works, relative to garbage collection, a claim for damages, and the Board 's discussion relative to the use of the Gerry Fund, it was voted to resume the open meeting. The meeting adjourned at 9:50 P.M. A true record, Attest : ive 41erk(, Select n ee4A4