HomeMy WebLinkAbout1963-09-23-min 497
SELECTMEN'S MEETING
September 23, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office BuiBing, on
Monday, September 23, 1963, at 7:30 P.M. Chairman Cole,
Messrs . Brown, Cataldo and Sheldon were present. Mr.
Legro, Town Counsel, Mr. Higgins, Assistant Town Engi-
neer, Mr. Gray, Executive Assistant, and Miss Murray,
Executive Clerk, were also present
Miss Mary McDonough, Assistant Town Clerk, met
with the Board for the drawing of two jurors . The
following individuals were drawn for jury duty: Jurors
Wilfred L. Dwyer, 193 Pollen Road, and James A. Mallon,
21 Bellflower Street.
Miss McDonough retired.
Mr. Legro stated that he had prepared an Order of
Taking of a sewer easement from Scotland Road to Blodgett
Road; no betterments being assessed and no damages being
awarded. Sewer taking
Upon motion duly made and seconded, it was voted
to execute the Order of Taking 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 23rd day of September, 1963, it is
ORDJ:HED: 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 sewer mains, subject to the assess-
ment of betterments or otherwise, in such accepted or un-
accepted streets or other land as the Selectmen may determine,
in accordance with Chapter 504 of the Acts of 1897 and all
acts in amendment thereof and in addition thereto, 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 appropriate for such installation and land acqui-
sition the sum of $255,875.00, and that payment be provided
498
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b the transfer of $63,570.00 from the Sewer Assessment
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and, the transfer of $59,900.00 from the unexpended
balance of the appropriation for the extension of a sewer
main voted under Article 5 of the warrant for the Special
Town Meeting held September 15, 1958, the transfer of
$15,399.88 from the unexpended balance of the appropriation
for the installation of sewer mains voted under Article 14
of the warrant for the 1960 Annual Town Meeting, the trans-
fer of $298.79 from the unexpended balance of the appropri-
ation for the installation of sewer mains voted under
Article 13 of the warrant for the 1959 Annual Town Meeting,
the transfer of $11,663.65 from the unexpended balance of
the appropriation for the installation of sewer main voted
under Article 16 of the warrant for the 1958 Annual Town
Meeting, the transfer of $33,889.96 from the unexpended
balance of the appropriation for the installation of sewer
mains voted under Article 15 of the warrant for the 1960
Annual Town Meeting, the transfer of $3,700.00 from the
unexpended balance of the appropriation for the acquisition
of land along Vine Brook southeasterly of Emerson Road
voted under Article 45of the warrant for the 1960 Annual
Town Meeting and by raising the balance of $67,452.72 in the
current tax levy. "
WHEREAS the Selectman have determined that it is neces-
sary
toinstall a sewer main in the land hereinafter de-
scribed.
NOW, THEREVORE, 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 504 of the Acts
of 1897 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, remove, replace, operate and
forever maintain a sanitary sewer or sewers with any man-
holes, 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 Scotland Road to Blodgett Road and bounded
and described as follows :
Beginning at a point in the southeasterly line of
Scotland Road, which point is situated 15.01 feet
northeasterly of the common boundary of lot 46 and
lot 47 at its junction with said southeasterly line of
499
Scotland load, thence running southwesterly by a curve
to the right having a radius of 230.00 feet along said
southeasterly line of Scotland Road, distant 20.01 feet to
a point ; thence turning and running South 56°28'50" East
through said lot 47, distant 130.02 feet to a point in the
common boundary of said lot 47 and lot 4; thence turning
and running South 76°30 '00" East through said lot 4, distant
70 feet, more or less, to a point in the common boundary
of said lot 4 and said lot 5; thence turning and running
South 60°23 '40" East along said last mentioned common
boundary, distant 180 feet , more or less, to a point in
the northwesterly line of Blodgett Roa(, thence turning
and running by a curve to the left having a radius of
316.84 feet along said northwesterly line of Blodgett
Road, distant 20.29 feet to a point; thence turning and
running North 60°23 '40" West into said lot 5, distant
184 feet, more or less, to a point ; thence turning and
running North 76°30'00" West through said lot 5, distant
68 feet, more or less, to a point in the common boundary
of said lot 5 and said lot 46, which point is 0.22 feet
northeasterly of said common boundary of lot 5 and lot 4
at its junction with the common boundary of said lot 5
and said lot 46; thence turning and running North 56°28 '50"
West through said lot 46, distant 130.16 feet to the point
of b4nning;
all as shown and marked "Sewer Easement" on plan entitled
"Plan of Sewer Easement From Scotland Rd to Blodgett Rd.
Lexington, Mass . ", dated Aug. 30, 1963, John J. Oarroll,
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 prejudice to the rights of the respective owners of the
land, except so far Ps is reasonably necessary in the ex-
ercise of the rights and easements hereby tkken, 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 in-
consistent 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 ea"ements are taken and
performs any work thereon, it shah 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 rz±thin the taking.
500
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 incorrectly
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
Harry E. King and Catherine King,
husband and wife Lot 46
Rosanna L. Kirlin Lot 47
Charles H. Ehlers and Arlene Ehlers,
husband and wife Lot 4
Paul Nesbeda and Mary Nesbeda,
husband and wife Lot 5
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarddd.
WITNESS our hands at d
Lexington as foresaid, this a3r
g
day of September, 1963.
/s/ Lincoln P. Cole, Jr.
Robert Cataldo
Otis S. Brown, Jr.
George C. Sheldon
Majority of Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . September 23, 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
501
Mr. Legro referred to a vote of the Board, at its
meeting on September 9, 1963, granting a partial re-
lease of land from a sewer betterment assessment, in-
volving the land of the DiSilva Family Trust taken by Partial
the Commonwealth for highway purposes . release of
Upon motion duly made and seconded, it was voted sewer
to execute release prepared by Town Counsel, in the betterment
following form:
PARTIAL RELEASE of LAND FROM SEWER BETTERMENT ASSESSMENT
At a meeting duly held on August 8, 1960, the Board
of Selectmen of the Town of Lexington, acting as a Board
of Water and Sewer Commissioners, adopted an order of taking
of sewer easement from Lawrence Lane to Webster Hoad in said
Lexington, and attached to said order a schedule of esti-
mated betterments to be assessed on the particular parcels of
land to receive special benefit from the construction of the
sewer within said easement, including the land of Thomas
DiSilva, Trustee of the DiSilva Family Trust represented
by Certificate of Title No. 96076, filed in Middlesex
South Land Registry District, Registration Book 610, Page
126, on which the estimated betterment assessment amounted
to $701.02. Said order and attached schedule were duly
filed in said Land Registry District as Document No. 357568
and noted on said Certificate of Title
The said Board of Selectmen of the Town of Lexington at
a meeting duly held on the 23rd day of September, 1963,
acting as a Board of Water and Sewer Commissioners, hereby
releases from the lien securing the aforesaid betterment
assessment such part of the aforesaid land of Thomas DiSilva,
Truatge of the DeSilva Family Trust, as is situated within
the State Highway Location as altered by order by the Com-
monwealth of Massachusetts, (Department of Public Works )
dated NovembFr 28, 1961, filed in said Land Registry District
on November 29, 1961 as Document No. 373686; but nothing
herein contained shall be construed as an abatement of said
betterment assessment or any part thereof, and the lien
created by said betterment assessment is hereby expressly
reserved on all the other land now or formerly of said Thomas
DiSilva, Trustee of the DiSilva Family Trust, referred to in
said schedule of estimated betterments .
WITNESS our hands in said Lexington this 23rd day of
September, 1963.
TOWN OF LEXINGTON
By /s/Lincoln P. Cole , Jr. /s/ Robert Cataldo
/s/Otis S. Brown, Jr. /s/ George C. Sheldon
Majority of the Board of Selectmen
502
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COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . September 23, 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
Upon motion duly made and seconded, it was voted
to sign a contract between the Town and Chris Coviello
for sidewalk work in the Town (Wood Street, Woburn
Sidewalk Street, Lincoln Street and Emerson Road ) in the amount
' contract of $7,812 50, all copies of the contract to be held by
Mr. Legro until the certificates of insurance are com-
pleted to his satisfaction.
Upon motion duly made and seconded, it was voted
to sign a contract between the Town and Northeastern
Electric Company, Northeastern Sales Corporation, for
installation of lighting in the Public Works Building,
in the amount of $2,278.00, all copies of the contract
to be held by Mr. Legro until the certificates of in-
surance are completed to his satisfaction
Mr. Gray referred to an offer of $300 for tax title
Lot 7A, Pleasant Street, submitted by Mr . Alvin Y Morrison.
He said the Board was wiling to consider selling the lot
for the price of $300 in addition to a sewer betterment
of $609.58 and Mr Morrison wanted to know if it would be
Tax title possible to apportion the betterment.
The Chairman read a letter from Mr. Legro stating
it is his opinion that apportionment of betterments which
have been committed to the Tax Collector and added to a
tax title account is beyond the scope of the powers and
duties given to the Assessors by law.
It was agreed to advise Mr Morrison that if hay
desires to acquire this lot, he will have to pay the
betterment in full at the time he pays for the lot.
Letter from the Minute Man Park Realty Trust with
reference to a pos ible future setback of the Central
500
Block property was held over.
Mr. Gray stated that the Engineering Department
prepared several schemes and that Mr. Carroll recommended
Scheme #2 taking about fifteen feet He reported that
Mr. Giroux, Trustee, looked at the plan todayand agreed
to go along with the fifteen foot taking which will allow
for a sidewalk Central
Mr. Higgins presented the suggested schemes and Mr Block set-
Gray explained the plans to the board. He stated that back
plan #1 would be taking ten feet, allowing for an eight
foot sidewalk. He said if the Board is agreeable to
the plan recommended by Mr. Carroll, #2, the Board could
meet with the Trust and work out the details .
Upon motion duly made and seconded, it was voted
that plan #2 as presented this evening and shown on a
map, be approved, and that necessary steps be taken to
work out a specific agreement to be presented to the
Special Town Meeting on November 25, 1963.
Letter was received from Bernhart R. Snyder,
Peacock Farm Road , requesting the Board to make an offer
in settlement in connection with the sewer easement over
Lot 38, Peacock Farm Road. Mr. Snyder felt that a suit-
able offer should be in an amount not less than $500. Claim
Mr. Higgins reported that pictures have been taken
of the easement and an appraiser has made a cursory
inspection of the land.
It was decided to defer action on Mr. Snyder 's re-
quest until receipt of the appraisal
Letter was received from the law firm Nutter,
McClennen & Fish, repres nting the Plough Broadcasting Co
Inc. , (WCOP) . On August 26, 1963, petition for location
of six poles on Concord Avenue was tabled to give Plough Pole
Broadcasting Co. Inc . , an opportunity to confer with locations
Boston Edison representatives . According to the letter
aconference was held but without result, and the attorney
assumed that the matter will not again be before the Board
without additional notice first given to counsel for the
company.
It was agreed to advise the Boston Edison Company
that no action has been taken and the Board will wait
until it hears further from Boston Edison.
Petition was received, signed by residents of
Curve Street , requesting that the street be repaved
Mr. Higgins reported that he has looked at this
and money was provided in the Highway Maintenance budget
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this year for resurfacing streets. Mr . Carroll intends
to do this street if sufficient funds a 'e left after
doing streets that are main thoroughfares . If there
are no funds, the street will be p^tched this year and
funds requested in the 1964 budget to repave it
Petition was received from residents of Blake Road
advising that they do not desire any change in the
Blake Road present surface condition of the road.
The Chairman said a petition for the acceptance
of the road will be considered when budgets are dis-
cussed
Letter was received from Alfred P. Tropeano, Vine
Brook Realty Trust, together with bill in the amount
of $16,504.59, the amount agreed upon by Mr. Tropeano
and Mr. Carroll as being due the Vine Brook Realty
Trust as the Town's portion of the cost of construction
,Worthen Road of a section of Worthen Road.
Mr. Higgins said Mr. Carroll would like the Board
to hold this matter over until he returns from vacation.
No action was taken.
The Chairman read a letter from Mr. Alfred P.
Tropeano requesting the Town to resurface the sidewalk
in front of the Professional Building and inquiring
about placing granite curbing in front of the building.
Sidewalk and Mr. Higgins reported that there are funds in the
curbing curbing account and this is one area where Mr. Carroll
plans to extend the curbing which will be installed at
the same time the sidewalk is rebuilt this year .
Copy of letter to Mr. Carroll from Mrs . Mary L.
Levis with reference to acceptance of Hayes Lane was
received.
Hayes Lane Mr. Carroll had acknowledged the letter and ad-
vised Mrs. Levis that upon return of the signed peti-
tion, which would be sent out to Mr . DeGuglielmo, an
item would be included in the 1964 budget for the
construction and acceptance of Hayes Lane.
Later in the evening Mrs . Levis came into the
meeting.
The Chairman advised that the subject would be
considered when budgets are being discussed and de-
cision made on the streets to be presented to Town
Meeting for acceptance.
Mrs. Levis said if the people were certain that
the street would be wide enough for two cars, she was
sure over 75% would sign the petition.
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Mr. Higgins said Hayes Lane is now a thirty foot
layout and the Public Works Department will propose a
twenty foot pavement.
Mr. Sheldon said, in effect, that is wider than
the street is now.
Mr. Higgins stated it is four or five feet wider
than it is now.
Mr. Higgins explained the reason for the twenty
feet instead of twenty-four feet is the real problem
of building the street . There is a hill on one side
and it drops off on the other side . He said the
initial petition has been received but the formal
petition has not yet been sent out, but this will be
done as soon as possible
The Chairman said procedures being taken are normal
and the Board would give the petition consideration.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectments Meeting held Minutes
on September 16, 1963, as written.
Mr. Gray reported on bids opened Friday, September
20, 1963, at 4:00 P.M. on tax title lots 234 to 258,
inclusive, on Freemont and Asbury Streets and lots
631 to 634, inclusive, on Freemont Street. Tax title
II He also reported that an offer was received in
the mail this morning, postmarked 10:00 P.M. September
20, 1963.
Upon motion duly made and seconded, it was voted
to sell and convey tax title lots 234 to 242, inclusive, ,
on Freemont Street and tax title lots 243 to 258, in-
clusive, on Asbury Jtreet, to Mark Moore, Jr. at his
bid price of $17,000, plus betterments totaling $6,176.29
and subject tothe recommendations of the Planning Board.
Upon motion duly made and seconded, it was voted
to sell and convey tax title lots 631 to 634, inclusive, Tax title
Freemont Street, to Cyril R. Pratt, at his bid price of
$3,500 plus betterments totaling $1,368.25 and subject
to the recommendations of the Planning Board.
The Chairman read a letter from Franklin C. Hudson,
Town Meeting Member in Precinct One, with reference to Complaint
a basement in the Countryside area .
Report expected from the Building Inspector was
not received and the matter was held over .
Upon motion duly made and seconded, it was voted
to grant a yearly dump permit to John J. Maguire, a Dump permit
resident of Stoneham who is working in Lexington and
has refuse from his jobs to dispose of.
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Upon motion duly made and seconded, it was voted
to grant the following lic nsO.s:
Robert F. Wilcox Taxi Driver
Andrew J. Gnoza 't "
Lex-Mil Theatre, Inc . Sunday Movies
Upon motion duly made and seconded, it was voted
to appoint the following additional Special Police
Officers for terms expiring March 31, 1964:
MIDDLESEX COUNTY SANATORIUM
Robert F. Ingram Bernard J. Link
Mario Dinally Lawrence Kolbrook, Jr.
Edward Sorli Anthony B. Zarella
Albert Gray, Jr. Executive Assistant
The Chairman reported that a request for a paptr
drive on Sunday, October 27, 1963, had been received
from St. Brigid and the Sacred Heart Churches . He
Paper Drive said the Church of Our Redeemer, who had previously
been given permission for a drive the same Sunday is
willing to hold its drive on October 20.
Upon motion duly made and seconded, it was voted
to grant St. Brigid and Sacred Heart Churches per-
mission to conduct a paper drive on Sunday, October 27,
1963.
The Chairman read a note from Mrs. Marjory Battin,
of the Committee on the Structure of Town Government,
together with a suggested letter to be sent by the
Town Govern- Board to Mr . Evans requesting release of employees '
ment Survey questionnaires for use by the Committee
The Chairman reported that he had advised Mr.
Homer Hagedorn that the questionnaires were confidential.
Mr . Cataldo said he could not see any connection
between the structure of the Town Government and the
questionnaires .
The Chairman said the Committee feels it would
help if it knew what the questionnaires contained.
Mr. Cataldo asked if the survey was on town
government or town departments.
The Chairman replied it is town government but
the departments come under it
porvw
Mr. Brown asked if th Committee had to go as far
as to request this information.
Mr. Gray reported that he did furnish the committee
with the job classifications and said the information
the committee now wants is usually considered confidential.
The Chairman said Mr. Hagedorn felt the job classi-
fications were helpful but he thought the questionnaires
would be more helpful.
The Chairman said Mr. Evans might release them if
the Board requested it .
It was agreed that the Chairman should ask Mr. Hagedorn
for more specific information as to why the request for the
questionnaires has been made.
The Chairman said there is a vacancy on the Town
Celebrations Committee caused by Mr. Kingston Howard's
resignation and suggested Mr. James Fenske, 11 Liberty
Avenue, as a replacement . Appointment
Upon motion duly made and seconded, it was voted
to appoint Mr. James Fenske to the Town Celebrations
Committee for an unexpired term ending April 30, 1965.
Mr. Sheldon reported that the first meeting of the
Lexington Executive Park Development Committee would be Meeting
held on Wednesday of this week.
The meeting adjourned at 8:20 P.M.
A true record, Attest :
ec ive lerk Select a
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