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HomeMy WebLinkAbout1963-09-30-min 508 SELECTMEN'S MEETING September 30, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 30, 1963, at 7 :30 P.M. Chairman Cole, Messrs . Brown, Cataldo and Sheldon were present . Mr. Legro, Town L'ounsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of three jurors . The following Jurors individuals were drawn for jury duty: Joseph J Volante, 85 Lowell Street, Joseph W. Shaughnessy, 18 Deering Avenue, and Philip C Boyd, 17 Red Coat Lane. Miss McDonough retired. Mr. Legro referred to the disposal site taking and explained that in 1962 Mr. Fred Staples was negotiating with Frank Canisius for lots 18 through 20, block LjI., Settlement Meed Street He made an offer to the heirs of $365. of claim - It appeared that Frank Canisius had died, and Josephine F. dump site Waldron and Marie G. Leary claim to be the sole owners lots by deed not having a good equitable title. Mr Staples offered them 50% of the original offer which was refused. They have now agreed to accept $178 and have sent in a release. Upon motion duly made and seconded, it was voted to authorize payment of $178 to Josephine F. Waldron and Marie C. Leary in settlement in return for a release of damages . Mr. Legro stated that, in accordance with a vote of the Board, he has prepared a deed conveying tax title lots 22 to 28, inclusive, on Marvin Street, to Alfred Tax title and Lena E Iodice Upon motion duly made and seconded, it was voted to execute the deed as presented by Mr.Legro, con- veying lots 22 to 28, inclusive, on Marvin Street to Alfred and Lena E. Iodice . Mr. Legro submitted an Order of _,Taking of a drain easement extending from Sky View Road to Volunteer Way Drain which, he explained, was voted some time back by the Easement Board. Upon motion duly made and seconded, it was voted ,, to adopt an Order of Taking of a drain easement extend- ing from Sky View Road to Volunteer Way 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 September, 1963, 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 author- ized to install drains in such accepted or unaccepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or other- wise, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary there- for; and to raise and appropriate for such installi.tion and land acquisition the sum of $28,000.00. " II WHEREAS the Selectmen have determined tht it is necessary to install a covered surface and ground water drain or drains in the land hereinafter described NOW, THEREFORE, 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 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, construct, 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 oth =r 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 Skyview Road to Volunteer Way and bounded and described as follows Beginning at a point in the northerly line of Skyview Road, which point is at the southerly terminus of a curved line having a radius of 9.13 feet and being the westerly boundary line of lot "B" on Plan hereinafter mentioned; ti 1 510 \!) 3t thence running South 88°41 '21" West a distance of 72 feet, more or less, to a point ; thence turning and running North 12°50 '00" East a distance of 36 feet, more or less, to the southwesterly corner of lot 60 on said plan; thence turning and running North 65°32 '20" East along the southeasterly boundary line of said lot 60 a distance of 104 feet, more or less, to a point ; thence turning and running North 42°49 '49" East along the southeasterly boundary line of said lot 60 and the southeasterly boundary line of lot 8 on said plan a distance of 213 96 feet to a point in the southwesterly line of Volunteer Way; thence turning and running by a curve to the left having a radius of 55.00 feet along said southwesterly line of Volunteer Way a distance of 43 12 feet to a point; thence turning and running South 42°49 '49" West a distance of 209.12 feet along the northwesterly boundary lines of lot 9 and said lot "B" on said plan; thence turning and running South 65°32 '20" West along the northwesterly boundary line of said lot "B" a distance of 66 .67 feet to a point; thence turning and running by a curve to the left having a radius of 9.13 feet and being said westerly boundary line of said lot "B" a distance of 24.99 feet to the point of beg*nning; all as shown and marked "40 ' Drain Easement" on plan entitled "Plan of Drain Easement from Skyview Rd. to Volunteer Way Lex- ington, Mass. ", dated May 20, 1963, John J. Carroll, Town Engineer, to be recorded herewith and a copy of which is annexed hereto and made a part hereof. Said rights and easements in the land included within the above description are taken without interference with or pre- judice to the rights of the respective owners of the land, ex- cept 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 withthe use thereof for all purposes hereinabtve 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 de- scribed 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 !V 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 Town of Lexington Lot 60 Everett L. Gram, Jr and Sarah M. Cram, husband and wife Lot 8 Harry M. Sullivan Lot 9 Harry M. Sullivan Lot "B" 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 September, 1963 /s/ Lincoln P. Cole, Jr. /s/ Robert Cataldo /s/ Otis S. Brown, Jr. /s/ George C. Sheldon Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss September 30, 1963 Then personally appeared Lincoln P. Cole, Jr , Otis S. Brown, Jr , 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 to be their free act And deed and the free act and deed of the Town of Lexington, before me, /s/ Donald E. Legro Notary Public My commission expires March 14, 1970 512 C- Mr. Legro said that some time ill 1962 there were negotiations with Alfred S. Busa and Daniel P. Busa, Trustees of Busa Realty Trust, ,for twenty-three lots of land on Circle Road The file shows an unexecuted agreement prepared by Alfred P. Tropeano, attorney for the Trustees He explained there is a provision that the number of building lots be limited to seven. Con- veyance was not m de because lots 239 to 241, inclusive, were recorded in the unregistered side, but were regis- tered land The taking by the Town of these three lots Circle Road is invalid He stated there also had to be work done by Mr. Stevens to obtain a certificate of title pertaining tax title to the other lots . He reported that he has had conversation lots with Mr. Tropeano who advised that the Trustees would like to take title to these lots the Town holds and agree to take title to the other three lots when the Town acquires title. The price agreed upon was $2600, and the Trustees will pay a pro rata amount , $4,000 for twenty lots . He explained the agreement also provided that the Trustees would construct Circle Road, install water mains and sewer drains according to specifications . Circle Road would then connect with Circle Road in Green Valley Subdivision, Section 7 Mr Carroll said he thought the Town would be getting a new street. Mr. Legro explained that it would, but not in a sub- division. Mr. Cataldo asked what would have to be done to get the other three lots, and Mr Legro replied that they have to be put back on the tax rolls and another taking made which would take about three years . He said in this case, he thought the Board could waive a disclaim or release. He explained this is a matter where it was not recorded accord- ing to law. Mr. Cataldo asked if it would be to the Town 's advan- tage to have Mr Busa go to the people directly and pay up the back taxes Mr . Legro said he thought it would be an impossibility as it would be extremely difficult to trace the heirs The Chairman asked if Mr.Legro was making a recom- mendation, and he replied in the affirmative, providing a satisfactory agreement can be made It was the sense of the Board that Mr. Legro should proceed as he outlined. Mr . Legro said presuming the agreement could be worked out, he assumed the Board was talking about $4,000. Mr. Legro said he had received inquiries about the closing date of the warrant for the November Town Meeting. Upon motion duly made and seconded, it was voted to close the Warrant for the Special Town Meeting to be held November 25, 1963, on Monday, October 21, 1963. 51• The Chairman reported that Mr Irving H. Mabee, Chairman of the Planning Board, mentioned that his Board would like an article in the warrant pertaining Article to the establishment of a Conservation Commission Mr Carroll referred to the house, owned by the Town, located at 96 Laconia Street, and reported that he had rented it, subject to the Board 's approval, to Mr. Leslie, a mechanic in the Public Works Department, 96 Laconia for $75 a month He reported that there are no lights Street on the top floor, no heat on the top floor, leaks in the roof, holes in the walls and the kitchen is in bad condition He suggested th t Mr Leslie make whatever repairs he feels necessary to make the house livable for the first month 's rent Upon motion duly made and seconded, it was voted to rent the house to Mr.Leslie for $75, the first month to be rent free in consideration of Mr Leslie making the necessary repairs as described above. Mr. Carroll said snow removal in and around the churches has bothered him He looked at the parking lot of the new Temple Emunah on Rou to 2 At the present time, snow is removed from the front and rear Snow Removal of all churches ,It is not costing the Town a lot of money, but the problem is that he has to be set up with men and equipment to handle these jobs which have gradually been increasing He said there is now the Temple on Route 2 and the one on Lincoln Street , which means almost the addition of another truck if he is going to give the people in the Town the same service . He said as long as the Board wants to continue, he would do it, but equipment is needed. He said he did not plan to buy any equipment and will use a hired truck The Chairman asked how much inconvenience it would cause if the Town did not plow the church parking areas Mr. Carroll replied that it would be up to the churches to plow them. Mr. Brown said he thought possibly the Town would discontinue the service in view of the fact the churches are not taxed for this land. Mr . Cataldo suggested a conference with the church representatives to explain the problem, and advising that it might be three or four days before the Town could plow the areas after a storm Mr. Carroll said he thought the Town should either tell them the removal will be done right or tell them it will no longer remove the snow The Chairman said if the Town continues to plow the churches, it will mean an additional truck and asked about the cost X14 MC 1 Mr Carroll said it is about $10 an hour. Mr. Sheldon said he was talking about $1,000 The Chairman asked if Mr. Carroll could try it for one year just to see what it entails . Mr . Carroll said he could do it, but the point is he did think the Board should realize what is being done . He said one of the major costs in snow removal is contract equipment. Mr. Cataldo said it would cost the churches three times as much to have the snow removed as it would cost the Town Mr Carroll said he was willing to go along and plow the churches, but he wanted the Board to know about it The Chairman read a letter from Mr. Alfred P. Tropeano, attorney for Vine Brook Realty Trust, requesting abatement of a street be terment assessment levied on property owned by the Trust and located on Winthrop Road. Mr . Carroll presented a plan and explained the situ- ation as an unusual one . He indicated the parcel of land bounded by Winthrop hoed, by the center line of Vine Brook and by the side line of John Porter Road. He said if the betterment is abated, or even if it is not abated, it is possible that the Trustees and Colonial Vine Brook Development could get together and buildthere , whereas Realty Trust at the present time, neither lot is buildable street bet- Mr. Sheldon asked if something could be done by terment agreement He said if those lots are combined, there is a definite betterment, and as long as they are not combined, there is no betterment Mr. Legro said he thought the Town would find itself in an embarrassing position and suggested that the betterment might be deferred with interest It was agreed to invite Mr Tropeano to meet with the Board next Monday night at 7 45 P.M. to discuss the subject Mr. Tropeano 's letter, on behalf of the Vine Brook Realty Trust, together with bill in the sum of $16,504.59 was held over from last week. Mr . Carroll explained that the bill includes the Vine Brook extra width of Worthen hoed plus the extra size of the Realty Trust water main. bill, Worthen The Chairman asked if the bill was in order, and Road Mr. Carroll replied in the affirmative. He reminded the Board that the amount it approves cannot exceed the amount approved by the Planning Board. He ex- plained that no payment should be made until such time as the work is completed. aii It was agreed to ask the Planning Board for its recommendation, payment nottb be made until such time as the subdivision has been approved by the Planning Board. Upon motion duly made and seconded, it was voted Pole to grant petition andn an order for the following location j/o pole location: Manning Street, southeasterly side , approximately 28 feet southwest of Bedford Street, -- One pole. (One existing JO pole to be removed ) Mr. Bernhart R. Snyder 's letter requesting the Board to make an offer in settlement in connection with the sewer easement over Lot 38, Peacock Farm Road, was Claim held over again upon request of Mr . Carroll, who said he was working on the appraisals . Notice was received from the MDC regarding a hearing on October 16 relative to proposed improvements Hearing to the water system. Notice was received from the MDC regarding a hearing on October 25 relative to proposed improvements to the sewer system Hearing Mr. Gray and Mr . Carroll are to attend both hearings . A letter from Mr. James J. McDevitt, 36 Colony Road, with reference to a sewer connection service Sewer con- charge, was referred to Mr. Carroll. nect charge Letter was received from Moore Realty Trust relative to a betterment charge of $973.90 assessed against Lot 3, 106 North Hancock Street, in connection with the construction of Blake Road. Street Mr. Carroll presented a plan and explained the betterment formula usually used in figuring assessments . He said the problem is that this particular lot is on three streets. There is no record of any assessment off betterment and to his knowledge the lot has never received a street betterment assessment . He said his feeling is that this lot will not actually be bettered by the construction of Blake Road and ex- plained that no assessment has been made and what is 1 being considered is not assessing the Trust at all. 516 Cw The Board determined th;t the Moore Realty Trust 's claim was justified, and upon motion duly made and seconded, voted not to levy any assessment against Lot 3, 106 North Hancock Street . Letter was received from Mr. Raymond L. White, Town Accountant, requesting a transfer of $179 from the Reserve Fund to the Accounting Department Expenses Transfer Account Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $179 from the Reserve Fund to the Accounting Department Expenses Account . Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $970 from the Reserve Fund to the Selectmen's Transfer Expenses Account, the account now being depleted. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen 's Meeting held on September 23, 1963, as written The Chairman read a letter from the State Department of Public Works in reply to the Board 's inquiry about Route 2 necessary land takings for Route 2 and Spring Street takings Mr. Cataldo suggested, and the Board agreed, that Mr. Carroll arrange a meeting with C. F. Mistretta, Chief Engineer, Department of Public Works . Mr. Carroll retired at 8 :35 P.M. Letter was received from the Planning Board in regard to Mr.Bellizia 's renewed request to purchase tax title property for the purpose of adding it to the Pine Meadows Country Club. Mr. Sheldon reported that the Lexington Golf Club is interested and said both clubs should be given an equal opportunity to acquire the land. Tax title Mr. Brown said he agreed with the Planning Board and said that as a private course five or ten years from now the land cotld be sold. He said that Mr Richard Sparrow, of the Lexington Golf Club, has dis- cussed the subject with the Planning Board. It was agreed to write both Clubs and ask them to make a proposal on a lease basis Further consideration was given to Mr Joseph D. Augustine 's offer to purchase tax title lots 63-66, inclusive, on Rawson Avenue . A notice to sell was sw advertised in the September 19, 1963 issue of the Lex- ington Minute-man No other offers were received. Tax title Upon motion duly made and seconded, it was voted to sell and convey tax title lots 63-66, inclusive, mn Rawson Avenue to Joseph D. Augustine, Jr. for $600 plus sewer betterment assessment in the amount of $351.01, to be conveyed as one building lot . The Chairman read a report from Mr. Donald K. Irwin, Building Inspector, relative to a complaint received from Franklin C. Hudson about the basement at Countryside Mr. Irwin discussed the overall problem with Town Counsel, but until the owner's twenty-day appeal period from the Board of Appeals hes elapsed, there is very little the Complaint Town can do . At the end of this period, the problem of the non-conforming structure will again be discussed with Town Counsel to determine the proper procedure to follow. The Chairman read a letter from Robert Forsberg, 411 Concord Avenue , complaining about an automobile Complaint graveyard adjacent to the rear boundary of his property. Report from the Building Inspector was also read. = Letter was received from the Appropriation Committee approving the following transfers from the Reserve Fund. $1,000 to Assessors ' Personal Services; $50 to Building Transfers Inspector 's Out of State Travel; and $50 to the Trustees of Public Trusts Expenses Upon motion duly made and seconded, it was voted to grant permission to the Lexington Arts & Crafts Permit Society to place boxes at the exhibition on the Buckman Tavern grounds for contributions to the Society's building fund The Chairman read a letter from Mr. C. F. Sweeney requesting an appointment with the Board to discuss gd.ison wires moving his house, and the cost involved in moving the electric wires The Board decided thet if the matter cannot be resolved with the Chairman, Mr. Gray and Mr. Sweeney, an appointment would be made for next Monday at 8 :30 P.M. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Civic Association Use of hall to conduct its annual meeting in Cary Memorial Hall on October 21, 1963, from 8:00 P.M. until 11 :00 P.M. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Pre-School P.T.A 518 Mt P to conduct a Pre-School Eye Clinic in Cary Memorial Hall on October 19, 1963 from 1 .00 P.M. until 5:OOP.M. Upon motion duly made and seconded, it was voted to go into Executive Se ion for the purpose of dis- cussing, deliberating or voting on a matter, which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person Following a discussion with the board of Assessors, the meeting adjourned at 9 :50 P M. A true record, Attest : G, K, e ✓' iv Clw , SelecfM1"�n v� G� I