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HomeMy WebLinkAbout1963-03-04-min 194 mr w. SELECTMEN'S MEETING March 4, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday, March 4, 1963, at 7:30 P.M. Chairman Adams, Messrs . Cole, Richards, Burnell and Brown were present. Mr. Legro, Town Couns®1, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following 'Jurors individuals were drawn for jury duty: Frank J. Rosato, 12 Blueberry Lane, Oscar W. Kaalstad, 16 Slocum Road, Willard C. Sargent, 58 Spring Street, and Robert D. Sutherland, 12 Locust Avenue. The Chairman read a letter from Austin W. Fisher , Jr. , Chairman of the Standing School Building Committee, advising that, with the expansion of the high school and approval from the Emergency Finance Board for bond- ing, it will be necessary for some portion of the bonds to be issued prior to April 20. He also asked that the arrangement for keeping records be the same as that used School in the Estabrook School. He instructed that a copy of bonding the letter be sent to the Town Accountant and a copy given to the Town Treasurer. Later in the evening when Mr. Blaisdell, of the Appropriation Committee, was present, he showed him the communication and asked him to follow it through. Mr. Carroll retired at 7 37 P.M. Mr. Burnell asked if, as a Board, the Selectmen refused to grant a liquor license, It could be over- ridden by the Alcoholic Beverage Commission and if it Legal is customary for this to happen. opinion Mr. Richards explained that the Commission can over rule the Board only in the negative. He said that the local licensing Board has complete authority and the Commission can no longer grant a license in a community. The Chairman asked Town Counsel for a ruling for the record. Mr Carroll said about a month ago, he discussed a sewer easement through the MacBeth property on Waltham Street . He presented a plan and indicated the proposed 195 location of the sewer and pointed out lots 27 and 28 on Waltham Street owned by Mrs . MacBeth. He reported that he received an appraisal of $2,000 each as being the value and said there ar•e three alternatives for locating the sewer. 1. Take all of lots 27 and 28. However, Town Counsel advised that basically this cannot be done because it would be taking more land than is actually needed for the sewer. Woodhaven sewer taking 2. Take an easement fifty feet wide which would approximate the location of a future road, which the Planning Board feels is a possi- bility for the future. If this is done, both lots 27 and 28 will be destroyed which will result in total damage 3. Take lot 27 and relocate the sewer into this lot. Then a betterment could be assessed on lots 26 and 28. Mrs. MacBeth owns everything from lot 23 to 29. Mr. Burnell said he thought the most desirable pro- cedure would be to buy the lot. Upon motion duly made and seconded, it was voted to proceed with the taking of lot 27 Waltham Street for the purpose of locating the Woodhaven Trunk Sewer. Mr. Carroll presented a plan of land on Moreland Avenue and mentioned that the 1962 Annual Town Meeting gave the Board authority to take land off Moreland Avenue for school purposes, and referred to a meeting with Oscar Carlson, who owns lot 57. He said the Board has the authority to take lots 56 and 57 but the problem is to determine what is actually needed in order to connect Moreland Avenue in the Carrig subdivision with Moreland Avenue on the hill. He said most of lot 57 would be taken and a corner of lot 56. He said the question is whether or not lot 56 is needed for school purposes. Mr. Legro said the only reason he has been given is that it is needed for access . Mr. Carroll asked if the Board wanted to take lot 56 Mr. Brown suggested an exchange of lots with Mr. Carlson. Mr. Carroll reported that he received an appraisal of $1250 for lot 57. It was agreed to leave the layout as presented and explained by Mr. Carroll . The Board in general was in favor of taking sufficient land to conform to the layout agreeable to the planning Board. 196 MC C- Mr. Carroll referred to a request for extension of / a water main to service lots on Clelland Road owned by V a Mrs. Covello. He reported that ther is no information available as to whether or not Clelland Road is actually a street. It was agreed to advise Mrs. Covello that there is some indication that the lots which she owns are not on Water a street as defined in the Zoning By-Laws. If she can show the Board that this section of Clelland Road is a public way, or a private way legally opened or dedicated to public use or approved by the Planning board, further consideration willbe given to her request. Further consideration was given tothe sewer budget, with particular reference to Scotland Road. Mr. Carroll presented a plan and reported that the six individuals who signed the petition live in the first six houses. He said, if the Board approves , there is no reason why the sewer could not be limited to just Sewer these six houses. It was agreed to include this section of Scotland Road, and the Chairman asked Mr. Carroll to submit a new budget figure next week including Slocum Road and Foster Road, Mark Moore ' s development off East Street. The Chairman read a letter from the Massachusetts Aeronautics Commission relative to an application re- ceived from the Massachusetts Helicopter Airlines, Inc. , for approval of an intrastate helicopter air service between Boston-Logan Airport, Bedford Airport and twelve off airport steps . Mr. Legro advised that this would be use of land not permitted by the Zoning By-Law, and if permission is to be granted, it would have to be under provision of landing fields by approval of the Board of Appeals . Notice was received from the State Department of Public Works advising that the Commissioners voted to accept the Board' s offer to settle a claim for damages, ',Settlement layout No. 5146, dated August 29, 1961. lof claim Mr. Carroll explained this is the portion of Massachusetts Avenue just before going onto Route 128 which the Board offered to settle for $175. The Chairman read a letter from the Bureau of Spring Street Public Roads in reply to the Board's letter of February interchange 19 relative to the southea terly quadrant of the Spring Street interchange. 197 The Chairman road a letter from the Lexington As- sociation of Independent Insurance Agents requesting permission to have the Town's insurance policies for a survey to be made of the Town' s insurance program. Mr. Carroll said he did not think the policies should be taken from the building. Insurance Mr. Cole and Mr. Brown advised that such a pro- cedure was not unusual. The Board agreed to grant the Association 's re- quest for custody of the policies for a forty-eight hour period of time providing Mr. Carroll has a signed receipt for the policies. Request was received from Edwin J. Breslin, 2227 Massachusetts Avenue.,. for installation of a street light opposite the Concord Hill Market . Mr. Carroll said the Traffic Study Committee is Street light considering the illumination of the entire area. Mr. Burnell said this would require spending some time with Mr Collazzo. Mr. Carroll said there is a dark area opposite the store and it would not do any harm to install the light. Mr. Burnell said because of Mr Collazzo' s request , the result may be relocating a series of lights in the area and it would not be wise to install one now which might have to be relocated later. The Chairman read a report from Mr. Carroll with reference to the recent request from thh Air Force for Dump permission to dump rubbish in the Town dump. The Chairman reported that John Porter, owner of large tract of land on Lowell Street, saw him today about the sidewalk betterment levied against his pro- perty in the amount of $524.81. Mr. Carroll presented a plan of the nineteen acre parcel and indicated the portion on the east side of Lowell Street which he explained was undeveloped, a Sidewalk swamp with no lots . betterment Mr. Richards said inasmuch as the parcel has not been subdivided, he thought the betterment could be deferred. Upon motion duly made and seconded, it was voted, under provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of $524.81, without interest, of the sidewalk betterment assessment levied against a parcel of land located on Lowell Street , owned by Elizabeth and John Porter, until said land or any 198 t, Lam. $t1' h tgr,gErlsf 811thlip8RtesRtfle8' ,u 3 it;h81 reiii;Eittion occurs first The Chairman read a letter from lames C. Mallen, Contracting Officer, United States Air Force, relative to water rate increase under L'ontract No. AF19(604)-781 Air Force and Contract No AF19(628)-700. water rate The Communication was referred to Mr. Hrold E. Stevens Special Counsel, and a copy to be given to Mr. Legro, Town Counsel. Mr. Carroll reported that the garbage contractor has not put on an additional truck and the collection Garbage is worse than it was a week ago. He said he thought the Board should send the contractor another letter and demand that he put on another truck Mr. Legro said he thought the bonding company should be notified immediately if the contractor does not comply. At 8:30 P.M. , the Recreation Committee met with the Board for a clarificati n of the amount approved in the Committee 's 1963 budget Mr. Blaisdell, of the Appropriation Committee, was also present . The Chairman explained that the Board approved Recreation an amount of $5500 and did not disapprove any individual budget item. He stated that the Board felt the skating area could be deferred for another year. Mr. Blaisdell explained that his Committee had approved the same amount as last year. Mr. Kelly said he would like to go on record as coming back for funds . The Committee and Mr. Carroll retired at 9:04 P.M. Mr. Burnell said that the Traffic Study Committee recommends that no parking be permitted on the north Traffic side of Ledgelawn Avenue for a distance of fifty feet to Bedford Street. It also recommends that the stop signs at Depot Square and Station Way be legalized. Maxtrant in the gmOARt orf' X004.•52 Maa•Jreae;-,At Warrant frm the County Commissioners.,for ,e mAinte_ne:nge, operation_and repair of the Middlesex County Sanatorium for the year 1962. Upon motion duly made and seconded, it was voted to grant the Greek Orthodox Church of Cambridge, per- Permit mission to commence its annual ten mile road race at the Common on Saturday, March 23, at 1:00 P.M. , sub- ject to all details being worked out with the Chief of Police. 199 Upon motion duly made and seconded, it was voted to accept an invitation from the Town Celebrations Com- Parade mittee to participate, by marching, in the early morn- ing parade on April 19. Upon motion duly made and seconded, it was voted to accept with regret Mr. Harold E. Lombard's resig- Resignation nation from the Board of Public Welfare. The Chairman reported that the Chamber of Commerce would like to keep the area at the Information Booth free from stands on April 19. April 19 It was agreed to request the American Legion, to stand whom permission for the operation of a stand was granted. to contact the Cnamber of Commerce to see if some mutually satisfactory arrangement can be worked out . Upon motion duly made and seconded, it was voted to grant the Lexington Fireman's Relief Association permission to conduct a Record Hop in Cary Hall on March 16, subject to a charge of $35, a deposit of $50, and Use of hall payment of all overtime for custodian 's services in cleaning and preparing the building for the Town Meet- ing on March 18. Upon motion duly made and seconded, it was voted to grant the Lexington .-H Town Committee permission to conduct an exhibit in Cary Hall on April 2S free of Use of hall charge and without any deposit, but subject to janitor 's fees for overtime services. Upon motion duly made and seconded, it was voted to grant the Premiere Performance Company permission to conduct a workshop performance in Estabrook Hall on Use of hall March 9 free of charge without any deposit, but subject to janitor 's fees for overtime services . Upon motion duly made and seconded, it was voted to deny Wayne W. Sears' application for a Taxi Driver's License license inasmuch as he is under twenty-one and does not denied have a Driver's Education Certificate. Upon motion duly made and seconded, it was voted to grant the following Taxi Driver Licenses, satisfactory character references having been received from the Chief of Police: Jeffrey M. Merrick Mighael A. Maurer William C. White Upon motion duly made and seconded, it was voted Sewer Order to sign an Order of Sewer Taking in Moreland Avenue in the following form: 200 Mr COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER OF SEWER TAKING MORELAND AVENUE From Davis Road 310 feet, more or less, southwesterly The Board of Selectmen of the Town of Lexington acting as a Board of Water and Sewer Commissioners for and in behalf of the said town by virtue of the authority conferred upon them by the following vote and of every other power them thereto enabling, at a meeting duly held this fourth day of March, 1963, has laid out and voted to construct a sewer main in Moreland Avenue, a way in said town opened or dedicated to the public use which has not become a public way from Davis Road 310 feet, more or less, south- westerly as more fully shown on a plan entitled "Plan of Proposed Sewer in Moreland Ave. , Lexington, Mass. , Scale 1" = 40' , Feb. 15, 1963, John J. Carroll, Town Engineer", abutting the premises thereon designated as Lots 24, 25, 26, 22 and 23 on the Assessors ' plans and does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Moreland Ave. , Lexington, Mass. , Scale 1" = 40' , Feb. 15, 1963, John J. Carroll, Town Engineer" is to be recorded herewith all in compliance with the vote taken at the Adjourned Town Meeting held on March 19, 1962, as follows: "VOTED: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from Pleasant Street, near its intersection with Route 2, to the vicinity of the Woodhaven area and also to the westerly side of the Follen Hill and adjacent areas, subject to the assessment of betterments or otherwise, 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 er otherwise acquire any fee, easement or other interest in land necessary there- for; and to appropriate for such installation and land acquisition the sum of $584,000.00 and to provide for payment thereof by the transfer of $33,816.37 from the unexpended balance of the appropriation for the installation of sewer mains voted under Article 14 of the warrant for the 1959 Annual Town Meeting, by raising $50,183.63 in the current tax levy and the balance of $500,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $500,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years 201 Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws and Chapter 221 of the Acts of 1926. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of John J. Carroll, Town Engineer, above referred to, which are desig- nated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. And it is further ordered that a copy of this order, attested by the Clerk of the Board, be filed for record in the Registry of Deeds for the Southern District of said County, as a statement of our action in the premises in compliance with the provisions of Section 27 of Chapter 83 of the General Laws. NOW, 'THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and quali- fied and acting as such, and as a Board of Water and Sewer Commissioners for and in behalf of said Town of Lexington, 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 by virtue of the authority conferred upon them by the foregoing vote and every other power and authority them thereto enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, operate and forever maintain a sanitary sewer or sewers with any man- holes, embankments, walls, 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 over the parcel of land situated in said Town of Lexington and shown nn a plan entitled "Plan of Proposed Sewer in Moreland Ave. , Lexington, Mass. , Scale 1" = 1.1.0 ' , Feb. 15, 1963, John J. Carroll, Town Engineer", to be recorded herewith 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 exercise of the rights and easements hereby taken and there are reserved to the respective ownirs and their heirs successors and assigns all their respective rights in and to the use of their lands lying within said described strips for all lawful pur- poses 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 shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made. 202 Any trees upon the land included within the above-described strips are included within the taking. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. 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 correctly stated, it is to be understood that such land or interest is owned by an owner unknown to us: UNREGISTERED LAND Lots as shown on Owner Aforesaid Plan Book Page Richard and VeeLing Edward,h/w 24 8622 5511. Richard and VeeLing Edward,h/w 25 8622 5511. Richa_ d and VeeLing Edward,h/w 26 8622 5511. Town of Lexington 22 Town of Lexington 23 IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this fourth day of March, 1963. /s/ Alan G. Adams Norman J. Richards Selectmen Otis S. Brown, Jr. of Levi G. Burnell Lexington Lincoln P. Cole, Jr. Attest : /s/ Hazel J. Murray Executive Ulerk, Selectmen 203 "I. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Lot Owner No. Book Page Area Assessment Richard & VeeLing Edward, h/w 24 8622 554 6030 $ 297.61 Richard & VeeLing Edward, h/w 25 8622 554 6030 297.61 h Richard & VeeLing Edward, 8622 554 5150 254.17 Town of Lexington 22 6030 297.61 Town of Lexington 23 6030 297.61 The meeting adjourned at 10:05 P.M. A true record, Attest: ®etrtiv e „clerk Selectmi