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HomeMy WebLinkAbout1963-06-24-min ='x •a. SELECTMEN'S MEETING June 24, 1963 A regular meting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, June 24, 195, at 7 30 P.M. Chairman Cole, Messrs.Burnell, Brown, Cataldo and Sheldon were pre- sent. Mr. Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, Mr. Gray, Executive Assidant, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company for permission to locate a hip guy and anchor on Massachusetts Avenue, southeast of Tavern Lane. Mr. Serverson, representing the Boston Edison Company, was the only person present at the hearing. Notice of the hearing was mailed to the peti- tioner, owners of the property as listed on the petitioner's plan and also filed with the Superin- tendent of Public Works. Hip guy and Mr. Serverson explained that there is a bad anchor II corner on the pole that is temporarily a guide to a location tree which is to be removed, and the company would like a hip guy. Mr. Carroll had no objection and the hearing was declared closed. Mr. Serverson retired. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing hip guy and anchor location Massachusetts Avenue, from a pole located approxi- mately 1005 feet southeast of Tavern Lane, -- One hip guy and anchor Mr. Legro stated that he had a contract for engi- neering services between Whitman & Howard, Inc . and the Town of Lexington, which, in Mr. Carroll's absence, Whitman & Howard asked him to present to the Board for execution. He stated that it is practically in the Engineering same form as the 1962 contract but of course names Services different sewer locations and different streets. He contract explained ta.,re is a deduction for services already performed by the Town Engineering Department as com- puted, and approved by him and the contract, in his 11 opinion, was in proper form for execution by the Board. 394 1r) 3C c. Upon motion duly made and seconded, it was voted to sign Contract For Engineering Services (Contract No. 1963 - 1) between Whitman & Howard and the Town of Lexington, as presented by Town Counsel. Mr. Legro said he had an Order of Taking, pursuant to vote of the Board of Selectmen on May 13, 1963, for a sewer easement between Compton Circle and Peacock Farm Road. Upon motion duly made and seconded, it was voted to sign 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 Lexingtrn held on the 24th day of June, 1963, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 14., 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=_sewe_ mains, subject to the assess- ment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may deter- mine, inaccordance 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 therefor; and to appropriate for such in- stallation and land acquisition the sum of $255,875.00, and that payment be provided by the transfer of x'65,570.00 from the Sewer Assessment Fund, 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 bilanoe of the appropri- ation for the installation of sewer mains voted under Article 14 of the warrant for the 1960 Annual Town Meeting, the transfer of $298.79 from the unexpended balance of the appropriation 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 th unexpended balance of the appropriation for 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 install- ation 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 he appropriation for the acquisition of land along Vine Brook southeasterly of Emerson Road voted under Article 45 of the warrant for the 1960 Annual Town Meeting and by raising the balance of $67,L52.72 in the current tax levy. " WHEREAS the Selectmen have determined that it is neces- sary to install a sewer main in the land hereinafter de- scribed, 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 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 ana on behalf of said Town of Lexington the perpetual rights and easements to lay, con struct, inspect, repair, remove, replace, operate and for- ever maintain a sanitary sewer or sewers 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 two certain strips of land in said '-'exington situated between Compton Circle and Peacock Farm Road and respectively bounded and described as follows: Strip No. One: Beginning at a point i , the southwesterly line of Compton Circle which point is situated northwesterly and 12.00 feet distant from a point of compound curvature as measured along said southwesterly line of Compton Circle; thence running along said southwesterly line of Compton Circle by a curve to the right having a radius of 60.00 feet, distant 19.82 feet to a pont; thence turning and running South 82°04'21" West through lot 65A, distant 81.82 feet to a point in said lot 65A which point is 1.127 feet North 68°4)1 '02" East from the easterly boundaryline of lot 38; thence turning and running outh 68°44'42" West through said lot 65A and said lot 38, distant 47.59 feet to a point in the easterly line of Peacock Farm Road; thence turning and run- ning along said easterly line of Peacock Farm 11 a96 c. Road by a curve having a radius of 441.00 feet, distant 15.04 feet to a point; thence turning and running No th 68°44'02" East, distant 144.64 feet to a point in said, easterly boundary line of said lot 38 at its junction withthe common boundary line between said lot 65A and 106 63; thence turning and running North 82°04'21" East, distant 92.89 feet to the point of beginning; all as shown and marked "151 Sewer Easement" on plan en- titled "Plan of Sewer Easement Peacock Farm Rd to Compton Circle Lexington, Mas„ . ", dated May 20, 1963, by John J. Carroll, Town Engineer, to be recorded herewith and a copy of which is annexed hereto and made a part hereof. Strip No.Two Beginning at a point in the easterly boundary line of lot 38 at its junction with theitcommon boundary line between 65A and lot 63; distant 15.28 feet to a point ; thence turning and running South 18°52'25" East through said lot 63 to a point in the common boundary line between said lot 63 and lot 51, distant 150.81 feet; thence turning and running South 62°21'17” West, dist .;nt 11.61 feet to a point in the common boundary line between said lot 51 and lot 49-B; thence turning and running North 48°54'07" West along the common boundary line between said lot 49-B and said lot 63, distant 7.04 feet to a point in said common boundary line at the south- 1 easterly corner of lot 41-A; thence turning and running North 18°52'25" West along the common boundary line between maid lot 41-A and said 10t 63 and along the common boundary line between said lot 63 and said lot 38, distant 149.39 feet to the point of beginning; all as shown and marked "15' Sewer Easement" on plan entitled "Plan of Sewer Easement Peacock Farm Rd. to Compton ( rcle Lexington, Mass.", dated May 20, 1963, by John J. Carroll, Town Engineer, to be recorded herewith and a copy of which is annexed hereto and made a part hereof. Said Strip No. Two is taken subject to the drain easement shown on the aforesaid plan and marked "Existdng 20' Drain Easement" granted by A. Morris Kobrick, Trustee, to the Town of Lexington by instrument dated August 22, 1957, recorded wit Middlesex South District Registry of Deeds, Book 9012, thence running North 82°04'21" East along said common boundary line between lot 6% and lot 63, 39:7 Page 334. Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the ex- ercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, succes- sors 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 of the 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 whall 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, strips of land are included within the taking. The laiid 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: Lots as Indicated Owner on Aforesaid Plan Bernhart R. Snyder and Elaine S. Lot 38 Unregistered Snyder, husband and wife Land Bernard A. Kriegsman and Bernice Lot 63 Unregistered M. Kriegsman, husband and wife Land Kivie Moldave and Rose Moldave, Lot 65-A Unregistered husband and wife Land And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarder WITNESS our hands at Lexington as aforesaid this 24th day of Ji ne, 1963. /s/ Lincoln P. Cole, Jr. Robert Cataldo Majorityof the Board of Levi G. Burnell Selectmen Otis S. Browne Jr. George C. Sheldon 1198- r=7: 98 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss June 24, 1963 Then personally appeared Lincoln P. Cole, Jr. , Otis S. Brown, Jr. , Levi G. Burnell and Robert Cataldo, 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, before me, /s/ Donald E. Legro Notary Pub1ie My commission expires : March 14, 1900 Mr. Legro referred to the Barn located on North Street, about which the Board had received complaints, and stated he first learned about this when he read the paper Thursday and talked to Mr.Gray on Friday. He received from Mr . Gray a copy of Mr. Adams' letter of April 16, 1963 to John W. Castoldi, Inc. referring to the barn. He said he also had a copy of a report made by Mr. Irwin on April 11, 1963. He said he as- sumed what the Board wants to do is what it has wanted for a number of years which is to have the barn removed, but he could see nothing in the information he has re- ceived whereby the Building Inspector or the Board of Castoldi Selectmen have decreed the building to be unsafe, open barn - North to the weather or unused. Street Mr. Cataldo asked if would have to be one or all three. Mr. Legro replied it has to be unsafe, or open to the weather or unused. The Chairman said the Board' s procedure would be to order the Building Inspector to declare the building unsafe. Mr. Legro advised that the Board should ask the Building Inspector to make an inspection and report whether the building is unsafe, open to the weather anr1 abandoned. It was agreed to ask the Building Inspector to make an inspection and report to the Board whether the build- ing is unsafe, open to the weather or unused. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for a j/o pole location on Maile Street, northwesterly side, approxi- mately 18 feet northeast of Ingleside Road; Mr. Carroll having no objection to the proposed location &lD a The Chairman read the letter from John F. Batter, 5 Rogers Road, in regard to the acceptance of Rogers Road Mr. Carroll explained the problem in this subdi- vision is that the developer, Waymint Realty Trust, has a bond up for a portion of the subdivision and a covenant The Trust had a contract with a contractor, Craig, but the contract covers the bond enforcement and not the part under covenant. He stated that the entire subdivision therefore will not be done in the near future. He re- ported that he had written to Waymint Realty Trust June 6 summarizing the additional work to be done in the Glen Estates ' subdivision and received a reply, dated June 11, assuring him that every effort will be made to bring this * would be completed by next Town Meeting and the bond will probably be released by the Planning Board. Then the section could be accepted at the next Town Meeting Mr. Gray referred to Kenneth P. Kelley's offer of $50 for lots 20 and 21, Block 16, located on the corner of ELarl and Orchard Streets. He reported that the average size of the lots in the area are seventy-five feet and some are 100 to 125. He mentioned that the Board had agreed to sell the lots subject to the re- Tax title striations outlined by the Planning Board whereby the property would be combined as one lot, but Mr. Kelley does not want the restriction and says he does not intend to do anything with the land. He reported that the Planning Board still feels the lots should be combined and to build he would have to go to the Board of Appeals. Mr. Burnell said he would not think the Board would entertain this sale unless the lots are combined. Mr. Cataldo said no one else could do anything with this property el-en if they purchased it . Mr. Burnell said if Mr. Kelley does not want to combine it to make one large lot, he would not be in- terested in selling it. Mr. Cataldo said no one else would buy it, and it will cost Mr. Kelley $700 or $800 to land court it. Mr. Sheldon said he thought the real question was whether there is a control under existing regulations . If there is such a control, it will not be necessary to include a restriction, but if he had to go to the Board of Appeals, he would not be hurt by the restriction . Mr. Cataldo said with the restriction on, there is no possibility of Mr. Kelley ever being able to do any- thing Mr. Burnell said then Mr. Kelley is buying for in- vestment so he can build two houses and wants to buy without restriction. * without to a speedy conclusion. He said he assumed this 400 G. Mr Sheldon said he would have Lo go to the Board of Appeals. Mr. Burnell asked why the Board would sell the lots foil S50 if they can be subdivided. Mr. Legro explained that if the lot was laid out before the Zoning By-Law, he could build without going to the Board of Appeals. He said if the lot was laid out on the old Meagherville plan with a forty-nine foot frontage, he thought there was no question but that the owner is entitled to a building permit. Mr. Gray explained that it is laid out as tato lots. Mr. Burnell said he thought it would be better to refer this to the Planning Board and have thorn consider it on this basis. He said since that Board has already made its decision of combining the two lots, that is it. Mr. Legro said the Board might want to refer it back to the Planning Boa d who he understood had already favored bhe sale provided it was combined. Mr. Gray said he received his information from Mr. Snow. Mr. Sheldon moved to authorize the sale subject to restrictinns . Mr. Cataldo said this has already been submitted and turned down . Mr. Legro said, assuming that the two lots were combined by one ownership by recorded plan or deed prior to the effective date of the Zoning By-Law, he could build on the two lots combined or if they were under separate ownership by recorded plan or deed prior to the effective date of the Zoning By-Law, he could build on either or both of the lots if he can conform to the rest of the requirements of the Zoning By-Law. He suggested that the Board would want to know what category the lots fit- ted in before arriving at a decision. Mr. Sheldon withdrew his motion. Mr. Gray was requested to obtain more detailed in- formation as to the legal status of the lots. Mr. Fern C. 'hurcht s letter of June L. protesting the planning and numbering of Emerson Road was held over. It was agreed to advise Mr. Church that it is the intention of the Town to have a consecutive road, and Emerson if it were now given five different names and eventually Road becomes a consecutive road, the situation would be most undesirable. It was also suggested to advise Mr. church that the Fire, Police and Post Office departments have been advised of the situation, and that Mr. Carroll would post the numbers at the entrance of each section. 401 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on June 17, 1963. Decision relative to the proposal submitted by the Lexington Association of Independent Insurance Agents was held over. Mr. Brown stated that he is writing a letter to the newspaper to clarify his position and would like the Board to be aware of it . He said he was stating the list published in the paper wL.s a list for 1962 and the schedule authorizing the distribution of the commission was voted by the Board of Selectmen in December of 1962 with him and Mr. Cole abstaining. Mr. Brown stated that he had discussion with Town Counsel and stated that he would not participate in the distribution of commission for the year 1963, and if there we ,e to be any change, and the insurance was to be placed with the Lexington Association of Independent Insurance Agents, he would not be a member or participate in that either. The Chairman said he had been giving this some Insurance thought but has not arrived at a conclusion and would like a little more time . Mr. Sheldon said he would like some time as this is new to him and he did not feel qualified at the moment to have an opinion. Mr. Burnell reported that he received a letter from Samuel Fardy who brought up some thoughts which he said he wanted to consider carefully. He said he did not like to hold off on decisions like this and knows the group would like to start the second phase. 'He said the Board should make a decision as soon as possible, but since he has bean out of town three or four weeks, he would like a few days to get a little more information before voting. Upon motion duly made and seconded it was voted to hold the matter over. Mr. Legro as:ed, in connection with this insurance program, if the Lexington Association of Independent Insurance Agents were to take it over, would there be a central authority or clearing house for information, He said he knew from information received and the files perused, that former Town Counsels have made substantial use of the agent for information relating to insurance matters other than particular coverage paid for by the Town. He said he also had occasiontodo it and this is an important phase to that situation. Mr. Carroll said he agreed and that he has done the same thing many times . 402 w. Mr. Burnell said it seemed to him that Mr. MacNeil stated this clearing house would be something in being but he did not know how they plan to do it . Mr. Brown explained that one office alone would be the clearing house for any and all policies and in- formation Mr. Cataldo said the Board should consider chang- ing the insurance, and if it does consider it, get the group in and have this straightened out beforehabd He said he understood there would be one broker of record Mr. Burnell said if the Board approves this local group making its study, it will in effect be saying to them that the Board accepts the local group handling the Town 's insurance. Mr. Brown sair1 a comprehensive survey takes con- siderable amount of time and the local group does not want to go into this phase unless it has some assurance that they will be given the business. Mr. Cole read a letter from Robert U. Johnson, 208 Cambridge Street, Burlington, whose home address is 166 Burlington Street, Lexington. submitting his name as one to be placed on the list of brokers to receive a share of the commission on the Town insurance business . It was agreed to advise Mr. Johnson that the entire subject is under study The Chairman read a letter from David Reiner, 3 Gould Road, referring to the story published in the Minute-man on June 20, and asked about the Conflict Conflict of of Interest law Interest law It was agreed to advise Mr. Reiner of the state- (Insurance) ment previously made by Mr. Brown. The Chairman read a leti,er from John A. Bellizia on behalf of Vincent N. Bellizia, renewing his request to purchase approximately thirty acres of land in the Meagherville section for 'oho purpose of adding it to the Pine Meadows Country Club. Tax title Mr. Gray said he thought some of this property is in the Meaghervilfe school site so actually the Town will at some future time have a use for it Mr. Burnell suggested that the letter be sub- mitted to the Planning Board with the request for a report before it is given any further consideration As a regular procedure, any offers for the pur- Tax title chase of tax title lots are to be submitted to the Planning Board before being submitted to the Board of Selectmen ' 40 Upon motion duly made and seconded, it was voted to grant permission to the Five Fields Hospitality Committee to hold a square dance at the junction of Permit Field and Barberry Roads on July 3, 1963, from 7:00 P.M. until 11:30 P.M. In the event of inclement weather, the dance is to be held bn July 5, 1963. The Chairman read a letter from the Town Treasurer advising that it is necessary to borrow $1,000,000 in anticipation of taxes Upon motion duly made and seconded, it was voted Borrowing to approve the borrowing of $1,000,000 from the New England Merchants National Bank at 1.40% discounted, notes to be dated July 1, 1963 and payable November 29, 1963. Upon motion duly made and seconded, it was voted to certify the character of the following individuals who have applied to the Secretary of State for Certifi- Certs. of Inc cates of Incorporation, satisfactory character refer- ences having been rece_ved from the Chief of Police: Martin Lichterman, 5 Constitution Road; Carl F. Sweeney, 40 Shade Street and Jeorge Avis, 15 Taft Avenue The Chairman read a report from uhe committee of six residents of Lexington to study the advisability of the establishment of a Lexington Housing Autnority Housing for under Chapter 121 of the General Laws elderly Upon motion duly made and seconded, it w..s voted to insert an article in the warrant for the next Town Meeting to see if the Town will establish a Lexington Housing Authority to provide low-cost housing for the elderly under the provisions of Chapter 121 of the General Laws. Mr. Stillman h'illiams said that having this on the warrant does not bring it into existence and stated there is a lot of work to be done. He stated it also needs the leadership of the Selectmen, their understand- , ing and support to get this aplroved. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the Transfer sum of $2,000 from the Reserve bund to the Elections- Jurisdiction Selectmen Account. Upon motion duly :made and seconded, it was voted to grant a Taxi Driver _License to Lawrence R. Velte, License 10 Weutwocd Road, satisfactory character reference having been received from the Chief of Police. 404 itZ it Upon motion duly made and seconded, it was voted to hold Board meetings during the month of July on the Meetings 1, 15, 29 and during the month of August on the 12 and 26. Upon motion duly made and seconded, it was voted to close the Town Office Building and the Public Works Building on Friday, July 5, 1963, thereby making it possible for the employees to enjoy a long weekend. However, any employee on vacation that week will not be entitled to an extra day and the Police and Fire Departments to make other arrangements if they so desire for the employees in those two departments. Upon motion duly made and seconded, it was voted to go into Execut_ve Session for the purpose of dis- Executive cussing, deliberating, or voting on a matter which, if Session made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person Following a discussion pertaining to legal matters, the meeting adjourned at 11:10 P.M. A true record, Attest: ee• Oler , Selen /, t Li L