HomeMy WebLinkAbout1963-02-18-min 1,139
SELECTMEN'S MEETING
February 18, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, February 18, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Richards, Cole, Burnell and Brown were
present. Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, and Miss Murray, Executive
Clerk, were also present .
Mr. Alonzo Taylor, municipal sales representative
of the Boston Edison Company, met with the Board to dis-
cuss street lighting in action 2 of Bowser Saddle Club
Estates, a Moore Realty Trust development . He explained
the present proposal follows the basis of the previous Street
lighting approved for the area and involves four lights lighting
Mr. Carroll explained that Mr. Moore will pay fcr
the installation and underground work and the Town will
pay the annual charge for the lighting and it is on the
same basis as previously approved.
Mr. Taylor retired at 7 37 P.M
When Mr. Moore arrived at the meeting he stated
that he thought four lights would be adequate.
The Chairman said this is under the same procedure
and under the same conditions as the previous section,
and the Board had no objection
Mr. Moore said he has a small subdivision, Mr.
Burnham's house on East Street and Albert Burnham's old
house. He said there is a proposed road going in with
a turnabout. The sewer is down on Adams Street about
700 feet away and he said Mr. Carroll feels the area
should be sewered He stated that he has seven build-
ing lots, eight including the Burnham House and for Sewer for
500 feet of sewerit would cost about $7500. He said Burnham land
this almost prohibits spending that plus developing the
road for seven lots and adds almost $1,000 on each lot .
He said he would like to have the Town run the sewer up
East Street to Frost Road so he could sewer these lots .
Mr. Richards asked if this would be a deadehd, and
Mr. Carroll replied in the affirmative.
The Chairman said if thesewer went up East Street,
some of it would be under betterment.
Mr. Carroll agreed but said there are greenhouses
on one side and only one house on the opposite side.
He said he did not like to see the subdivision go in
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without sewer because it is so close to it . He said
if Mr. Moore does not put the sewer in when the Town
v puts it in, at a later daVe it will be under betterment
and the Town will pay half the cost . In this case,
Mr. Moore will be paying for the entire cost of the sewer
in Frost Road.
Mr. Moore said Frost Road is going to be an expensive
road to construct as there is some ledge.
The Chairman asked if this was coming up fairly
promptly, and Mr. Moore replied in the affirmative. He
said he thought Mr. Nylander had it all ready for filing
with the Planning Board, perhaps in May or June.
The Chairman said the Board would consider the re-
quest.
Mr. Moore retired at 8: 15 P.M.
Mr. Carroll said there is ledge in the hill and he
did not like having the subdivision approved without the
sewer.
Mr. Brown asked if it could be deferred for a year,
and Mr. Carroll replied that he had not asked Mr.Moore.
Mr. Richards said there are people living in areas
that need help and here there are no houses. He said it
is against his principles to increase the sewer budget
this year. He said he thought it advisable and wise
for the Town to take the step to put the sewer so this
developer, or any other developer, will have it to serve
the lots, but he felt something should be done about
cutting back the budget if this request is approved. He
said he could not, in good conscience, do anything to in-
crease the sewer budget.
Mr. Burnell said it was more or less a policy of the
Board not to sewer any new roads.
Mr. Cole said he was all for reviewing the entire
sewer budget .
Mr. Burnell said he would be in favor if an equal
amount could be cut frcarn the budget.
It was agreed to review the sewer budget at next
Monday's meeting.
Mr. Legro stated that he had prepared contracts
for the construction of the Girl's new dressing and
locker room building.
Upon motion duly made and seconded, it was voted
to sign the contract as prepared and presented by Mr .
Legro between the Town of Lexington and DiLibero Con-
struction Co. , Inc. No copy of the contract was left
with the Board.
Mr. Legro referred to a question raised last week
pertaining to Mr. Antonio Busa's subdivision Green
1.71-
' Valley Section 9 and connecting to the sanitary sewer.
Mr. Busa had requested the Townto contribute part of
the extra cost of laying the sewer. He reported that
Mr. Carroll had contacted the Department of Public Works
and was told that permission would not be given to an
individual to tie into the sewer without Town approval. Busa sewer
He said he thought the Town had no funds with which to
contribute to a private benefit of this sort and he did
not think it would have any right to do so.
Mr. Legro exI:lained that the special authorization
was to reimburse a subdivider for a greater width of a
way or a greater size of a utility than would be required
to service his subdivision and that is not the fact in
the Busa subdivision. He said this is just the location
of a sewer in a different position and there is no authority
in the Act, as he understood it, to make any contribution.
He stated that from the Town's point of view it would seem
entirely unnecessary if the MDC refuses to grant an indi-
vidual permission.
Mr. Richards asked if the Boaid had authority to
require a subdivider to connect onto a sewer at a dis-
tance beyond what it considers reasonable.
Mr. Legro said he thou,ht it depended on what is
a reasonable connection.
Mr. Richards said he was not referring to this parti-
cular case, but he wondered if instances would not arise
where the subdivision would be close tothe MDC trunk but
some distance from a lateral or the Town 's own line . He
stated that refusal of the Town to ,sk the MDC to connect might ,
in some instances , mean that the subdivider would get out
of putting in sewers at all. He said in this instance,
the distance Mr. Busa has to go is entirely across land
owned by him.
Mr. Carroll stated that the distance is approtimately
100 feet.
Mr . Legro said to contribute to a subdivider /2 ex-
pense is questionable and he did not know of anything that
would compel the Town to permit him to connect to the
trunk sewer.
Mr. Richards said there is the practical reason of
wanting him to put sewer in the streets.
Mr. Carroll asked if the Board would consider put-
ting in a section of the sewer for $1,000.
Mr. Busa met with the Board and the Chairman reported
that the Board had referred his request to Town Counsel
and has been advised that under the Act passed by the
Town Meeting, the Board cannot pay part of the cost .
Mr. Busa asked if the Board wanted him to connect
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to the MDC.
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The Chairman explained that he could not tie into
the MDC without Town permission and asked how much more i
it would cost Mr. Busa to go the other way.
Mr. Busa stated that it is not the cost, but it
is the delay. He said he has to look to see who is
going to do his work.
Mr. Busa outlined his original proposal on a plan
and said it would also serve Section 9.
Mr. Carroll explained that the other section could
be served by a present manhole
Mr. Busa said to go out to Lillian Road, he would
have to go ten feet below grade, but Mr. Carroll did not
agree with him. He said it was easier and would cost
less to go to the MDC sewer than it would to go to Lillian
Road.
The Chairman said the Town could not contribute money
to the cost.
Mr. Busa said he wanted a decision.
The Chairman said the Board would make a decision
this evening and stated that the Board is in the position
of being restricted on expenses this year.
Mr. Richards explained that every time the MDC line
is opened, the Town is penalized in what can be a very
substantial amount of money, possibly $10,000 a year for
every manhole put on thelline.
Mr. Busa retired at 8:30 P.M.
Upon motion duly made and seconded, it was voted
to construct one manhole on Lillian Road over the ex-
isting sewer and to construct approximately twenty feet
of eight inch sanitary sewer main to the side line of
Lillian Road where it can be picked up by Mr Busa.
If this is not acceptable to Mr. Busa, no further
action is to be taken by the Board.
Mr. Legro referred to the letter received last week
from the Trustee of the Lucky Penny Trust requesting an
abatement of a sidewalk betterment assessment levied an
property owned by the Trust and located on Grove Street.
He said he thought the plan showed a substantial part
of the frontage is covered by an Edison easement and
Sidewalk according to the statute, sidewalk betterments are as-
betterment seeeed one-half of the cost to the owners of abutting
lands. He said the question is on the fact if, in
the Boardfs opinion, a betterment is received.
Mr. Carroll stated that the easement crosses the
street and the same situation may develop there .
Mr. Burnell said he did not think the land was
bettered
Mr Cole said if the Trust cannot build on the
property, it would not be bettered in any respect.
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The Chairman said the remaining twenty feet could
be sold to the individual who owns the adjoining lot.
Upon motion duly made and seconded, it was voted
to abate the sidewalk assessment by an amount of $280
The Chairman said he thought the policy of charg-
ing betterments on sidewalks should be reconsidered
inasmuch as the majority of the requests come from the Sidewalk
school. betterments
Mr. Carroll said the fact is that the sidewalk
either does or does not better property whether the
people want sidewalks or not .
The Chairman said he made the suggestion because
it is a good idea to review these things once in a while.
Mr. Burnell said he brought up, a month or so ago,
sidewalks in new subdivisions and said the Planning
Board was in favor of no sidewalks a few years ago:.
When sidewalks became a necessity, the Planning Board
required sidewalks on one side of the major streets in
subdivisions. The next step was sidewalks on both
sides of major streets and one side of side streets.
He asked if it would be advantageous to have sidewalks
installed completely in new subdivisions rather than
fighting the installation and asked if this should be
recommended to the Planning Board.
Mr. Carroll said he could not see sidewalks on a
street that has four or five lots on a deadend street
He stated that there would be a maintenance problem
for the Town in the future.
Mr. Burnell said at the same time there will be
traffic hazards.
Mr. Carroll stated that on a street with only
five or six houses there would not be any problem.
Mr. Burnell said the policy was on one side of
secondary streets and he was just looking ahead to
where the Board expects to spend $50,000 a year for
sidewalks; perhaps it would be better to do them at
the very beginning.
The Chairman said it is still within the discretion
of the Planning Board and the Selectmen could recommend
that more careful consideration be given to sidewalks .
Mr. Burnell said it is a matter of bringing the
sidewalk policy up to date, and stated that in looking
ahead ten years, the new subdivisions being built would
have better pedestrian control.
The Chairman read a letter from Raytheon Company
advising that it desires to have its Spring Street
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Offices serviced by a helicopter and would like an
opportunity to discuss the subject with the Board or
any agency of the Town.
Mr. Legro explained that Raytheon proposes to
have some type of a contract with the Massachusetts
Helicopter Helicopter Airlines, Inc. , and to use it occasionally,
service to but they do not know how often He said the landing
Raytheon of a helicopter in any place in Town is of some in-
terest . It is use of land which is not specifically
permitted under the Zoning By-Law except in an R-1
District with the Board of Appealst approval, there
may be landing fields. He said that possibly this
should be referred to that Board.
The Chairman said he thought Raytheon should meet
with the Board of Appeals.
Mr. Legro agreed, and said the plans of exactly
where the helicopter would land have -inot been worked
out.
Mr. Carroll presented a plan of the land owned
by the Reorganized Church of Jesus Christ of Latter
Day Saints, 1386 Massachusetts Avenue, and indicated
lots 1, 2, 6 and 7 He said the building is on lot
7, and a sewer betterment was assessed in the amount of
$758.60 against lot 6 when the sewer was installed in
Percy Rodd. He explained th_,t lot 7 has sewer on
Massachuset ,.s Avenue. The church proposes to make
this into one lot and would like to have the sewer
Sewer betterment assessment abated.
betterment Mr. Legro said he could see no basis for abate-
ment unless it was put into one lot with the under-
standing that it could never be subdivided
Mr. Richards suggested that Mr. Carroll advise
the church in a letter that after this has been made
into one lot and the plan filed, a request could then
be made to have the betterment abated and an agreement
entered into whereby the land could not be relotted.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, deliberating or voting on a matter which, if
'Executive made public , might adversely affect the phblic security,
Session the financial interest of the Town, or the reputation
of any person.
Mr. Carroll reported on the rental situation of
561 Mass the property owned by the Town and located at 561
Avenue Massachusetts Avenue.
Mr. Carroll discussed the subject of work on Kiln
Brook.
Upon motion duly made and seconded, it was voted
to resume the open meeting.
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Upon motion duly made and seconded, it was voted
to call a Special Town Meeting, within the Annual Town Town Meeting
Meeting, to be held on Monday, March 25, 1963.
Mr. Daniel wheeler and Mr. Michael Damone of Cabot,
Cabot and Forbes, met with the Board, relative to the
proposed Route 2-Spring Street interchange.
Mr. Wheeler said that when he met with the Board
a few weeks ago, it was greed that he could come back
with the most ideal plan from Cabot, Cabot & Forbes '
standpoint and one to which Kennecott and Raytheon would
agree, and also one to fit into Cabot, Cabot & Forbes ' Cabot, Cabot
immediate customer 's needs He submitted a plan and & Forbes
stated that it had been approved by Kennecott, Raytheon, Route 2
Burroughs, and Country-Wide properties . He said he does
have a letter from Burroughs to Country-Wide that all is
in order.
Mr. Erik Mollo-Christensen, 10 Barberry Road, said
he was very much concerned about traffic in this area
and in principle he was opposed to further creeping re-
zoning in this area and further encroachment on resi-
dential land before a thorough traffic analysis is made
in this area. He said Lexington, on Spring Street, is
suffering from traffic due to rezoning without a thorough
traffic study He said he would like to see such a
traffic study made before there is any further rezoning.
The Chairman explained that this is not a question
of rezoning but a question of changing the road
The Chairman asked if Mr. Wheeler was going to take
this plan into the State Department of Public Works
Mr Wheeler replied that if the Board approves of
it, he would like a letter stating approval, as the State
indicated it was flexible as long as it knew what every-
one agreed upon.
The Chairman said the Board would take it under ad-
visement and have an answer for Mr. Wheeler.
Messrs. Wheeler and Damone retired at 9:03 P.M.
Messrs. Grindle, Mabee, Meyer and Snow of the
Planning Board met with the Board.
The Chairman said this is just a quest on of re-
location of the road and does not involve a zoning change.
Mr. Snow did not agree with the proposed plan and
felt that the Board should not advise the State that the
Town is in favor of it . Hesaid he was opposed to any-
thing that would cost the State a lot of money construction-
wise.
The Chairman said this is of interest to the Town,
looking out for tax revenue. He said it seemed to him,
as a matter of policy, if the laad has been rezoned, it
is expected that it is going to be used, and if used, to
the Town 's advantage.
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After some discussinn, Mr. Mabee said the Planning
Board had no objection.
The group retired.
Water bill Letter from Mrs. Robert Burg, 34 Earle Street, rela-
tive to a water bill, was referred to Mr. Carroll.
Upon motion duly made and seconded, it was voted
to petition the State Division of Waterways to deepen
Kiln Brook and widen Kiln Brook from the northwest side of Route
128 to the Shawsheen River in Bedford, approximately
4500 feet, at an estimated cost of $60,000
Upon motion duly made and seconded, it was voted
to petition the County Commissioners to abandon a
portion of Lincoln Street from Worthen Road southwesterly
about 375 feet as laid out by the County Commissioners
Abandonment under order #1483, dated Jan. 23, 1934, and shown on a
plan on file in the office of said Commissioners and the
Southern Middlesex Registry of Deeds .
The Chairman read a letter from Mr. Carroll advis-
ing that he had checked with Mr. Fisher, Chairman of
the Standing School Building Committee, in regard to
the relationship of the proposed field house to the
existing skating rink behind the High School. Although
the proposed grading does cut off about half of the rink,
the committee feels they will either enlarge it, change
Lights for the grading for the field hous , or possibly build a
skating rink retaining wall in order to preserve the skating area
This means that the $750 requested by the Recreation
Committee for moving the lights from Park Drive can be
left in the budget
It was agreed not to change the decision previously
made to eliminate this item from the budget
Upon motion duly made and seconded, it was voted
Pole to grant the petitions and sign the orders for the
locations following pole locations and approve abandonments
Winn Avenue, southerly side, approximately 70 feet west
of Rindge Avenue, --
One (1) pole .
Winthrop Roan, northeasterly side, southeasterly from a
point approximately 132 feet southeast of
Waltham Street, --
Seven (7) poles.
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' Lexington Avenue, westerly side, northerly from a point
approximately 132 feet north of Follen
Road, --
Eight (8) poles.
Tarbell Avenue, southeasterly side, northeasterly from
a point approximately 73 feet ncrtheast of
Bennett Avenue, --
Three (3) poles.
Tarbell Avenue, northwesterly side, southwesterly from
a point approximately 69
feet southwest of
Bennett Avenue, --
Two (2) poles
Justin Street, northeasterly side, southeasterly from a
point approximately 74 feet southeast of
Eldred Street, --
Four (4) poles - guy wire and anchor on first
and fourth poles.
Gerard Terrace, westerly from a point approximately 61
feet west of Cedar Street, --
Three (3) poles
Bernard Street, southeasterly side, at Justin Street, -
-
One (1) pole--guy wire and anchor.
Lillian Road, northwesterly side, southwesterly from a
point approximately 806 feet southwest of
Lowell Street, --
Eight (8) poles.
Anthony Road, northeasterly side, northwesterly from a
point approximately 40 feet northwest of
Albemarle Avenue, --
Two (2) poles .
Anthony Road, southwesterly side, approximately 70 feet
southeast of Lillian Road, --
One (1) pole .
No. Streets Locations Granted Under Orders
Dated and Recorded - Book - Pale
2 poles Marrett Road, southwesterly side, 6/30/58 38 200
southeasterly from a point ap-
proximately 1800 feet southeast
of Massachusetts Avenue
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1 pole Cambridge-Concord Highway, north- 6/5/44 24 20
easterly side, approximately 189
feet southeast of Spring Street
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meetings held
on February 9 and February 11.
The Chairman read a letter from Mr. Carroll rela-
tive to the increase in telephoned garbage complaints .
Garbage Upon motion duly made and seconded, it was voted
Collection unanimously, in accordance with Section 4 (c) of the
garbage contract, dated April 3, 1961, to order Stanley
Roketenetz, Inc. to add one more collection unit making
the total units three.
Mr. Carroll asked if the Board wanted to consider
appointment of a citizens ' committee to investigate
Committee the general problem of rubbish and garbage collection.
Upon motion duly made and seconded, it was voted
to appoint a committee to study the garbage situation
and repart back to the hoard by September 1, 1963.
The Chairman read a letter from Mr. Stevens with
reference to Reginald A. Roberts, former Deputy Col-
lector of Taxes.
Upon advice of Mr Harold E. Stevens, former
Deputy Col- Town Counsel and now Special Counsel, that no further
lector cash recovery can be expected, it was voted to charge off
(discrepancy against the reserve, the balance of $1,376.86 in the
cash discrepancy account - R. A. Roberts, Deputy
Collector.
It was agreed to send a letter, dictated by Mr.
Budget Evans, to the Board of Fire Commissioners relative
to the Personal Services budget.
Letter was received from Donald R. Grant, Chair-
man of the Historic Districts Commission, advising
that the Commission has appointed Wilbur M. Jaquith
Appointment to serve on the study committee provided for by the
vote adopted under Article 8 of the warrant for the
Special Town Meeting, held on January 28
Upon motion duly made and seconded,it was voted
to appoint Mr. Otis S. Brown, Jr. , to serve on the
Appointment study committee provided for by the vote adopted under
Article 8 of the warrant for the Special Town Meeting
held on January 28.
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The Chairman read a letter from Temple Emunah
Brotherhood requesting the use of Parker playground
on May 12, 1963 from 9:00 A.M. until 1:00 P.M. for Request for
the children's observance of LagB 'Omen, a sort of use of play-
Arbor Day. ground
The Chairman suggested, and the Board agreed,
that the Recreation Committee be requested to submit
any recommendations it may have on the request
The Chairman read a letter from the Town Cele-
brations Committee relative to a request received
from Rabbi Rosenblum, representing Temple Isaiah and
Temple Emunah, for permission to plant a tree grown Request for
in Israel on the Battle Green on the occasion of the tree on
250th anniversary celebration by the State of Israel Common
on the occasion of its 15th anniversary as a sovereign
state.
The Board unanimously agreed that the landscaping
of the Common should be maintained by and kept under
the jurisdiction of the Town, and felt that a location,
possibly Hastings Park, should be left to Mr. Mazerall's
discretion
Request from the Stanley Hill Post, American Legion,
for permission to operate a refreshment booth at Massa- April 19
chusetts Avenue, adjacent to the Chamber of Commerce In-
formation Booth, was granted.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver ' s license to Earl Schwartz, 11
Garfield Street, satisfactory character reference License
having been received from Chief Rycroft
Upon motion duly made and seconded, it was voted
to deny Jonathan N. Adams ' apjlication for a Taxi License
Driver ' s, license, Mr Adams being under twenty-one
and has no Driver 's Education Certificate
Upon motion duly made and seconded, it was voted
to sign an Order of sewer Laking in Grassland Street
from Valleyfield Street 400 feet, more or less, east-
erly to end,in the following form:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . Town of Lexington
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ORDER OF SEW,LR TAKING
GRASSLAND STREET
From Valleyfield Street
400 feet, more or less,
easterly to end.
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 field
this eighteenth day of February, 1963, has laid out and voted to construct
a sewer main in Grassland Street, a way in said town opened or dedicated
to the public use which has not become a public way from Valleyfield
Street 400 feet, more or less , easterly to and as more fully shown on
a plan entitled "Plan of Proposed Sewer in Grassland StreLexington,�
Mass. , Scale 1" = 40' Feb. 7, 1963, John J. Carroll, Town Engineer°,
abutting the premises thereon designated as Lot 91 on the Assessors '
plan and does hereby order that the same be constructed in said lo-
cation. A plan entitled "Plan of Proposed Sewer in Grassland St.
Lexington, Mass , Scale 1" = 40' , Feb. 7, 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 26, 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 or otherwise acquire any fee, easement or other interest
in land necessary therefor; and to appropriate for such installation
and land acquisition the sum of S584,000.00 and to provide for pay-
ment thereof by the transfer of S33,816.37 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 . "
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
181
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 designated 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 th& oard, 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 qualified 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 manholes, 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 on a plan entitled
"Plan of Proposed Sewer in Grassland St. Lexington, Mass. ,
Scale_ 1" _ 401 , Feb. 7, 1963, John J. Carroll, Town Engineer",
to be recorded heiewith
Said rights and easements in the land included within the
above descriptions 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
lying within said described strips for all lawful purposes not
inconsistent with the use thereof for all of the purposes here-
inabove 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.
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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 isto be understood that such
land or interest is owned by an owner unknown to us
UNREGISTERED LAND
Lot as shown on
Owner Aforesaid Plan Book Page
Anna M. LaDucer
c/o Mrs. M.A. Rossiter 91 Probate 289255
IN WITNESS WHEREOF the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto subscribed
our names this eighteenth day of February, 1963.
/s/ Lincoln P1 Cole, Jr.
Selectmen
Otis S . Brown, Jr. of
Lexington
Levi G. Burnell
Attest:
/8/ Hazel J. Murray
executive Ulerk, Selectmen
SCHEDULE OF ESTIM,kTED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Lot
Owner No. Book Page Area Assessment
Anna M. LaDucer 91 Probate 289255 3952 $ 20.99
c/o Mrs. M.A. Rossiter
1
1$J.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
ORDER FOR CONSTRU TION OF SE ER
MORELAND AVENUE
From Davis Road 676 feet , more
or less, northeasterly
The Board of Selectmen of the Town of Lexington, acting
as a Board of Water and Sewer Commissioners and acting in pur-
suance of the provisions of Chapter 504 of the Acts of 1897
and all acts in addition thereto and in amendment thereof,
and of every other power and authority them thereto enabling,
at a meeting duly held this eighteenth day of February, 1963,
has laid out and voted to construct a common sewer in Moreland
Avenue, a public way in said Town, from Davis Road 676 feet,
more or less, northeasterly, as more fully shown on a plan
entitled "Plan of Proposed Sewer in Moreland Ave. , Lexington,
Mass. , Scale 1" = 401 , April 1, 1960, John J. Carroll, Town
11 Engineer", abutting the premises thereon designated as Lots
36, 35, L.C. 13, L.C. 12, L.C. 11, L.C. 10, L.G. 9, L.C. 6,
L.C.7&, L.C. 6, 9A, 10 & Pt . 11, Pt . 12, 13, 14, L.C. 14, 16,
17, 18, 19, and 20 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" = 401 , April 1, 1960, John J. Carroll, Town
Engineer" is to be recordod herewith all in compliance with
the vote taken at the Annual Town Meetingduly called, warned
and held on the seventh day of March, 190, and adjourned to
the twenty-first day of March, 1960, as follows:
"VOTED That the Selectmen be and they hereby are
authorized to install sewer mains, subject to the assessment
of betterments or otherwise, in such accepted or unaccepted
streets or other land as the Selectmen may determine, in ac-
cordance 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 installation and land acquisition
the sum of $2)1)1 ,750.00 and that payment be provided by the
transfer of $22,350.00 from the Excess and Deficiency Account,
the transfer of $57,400.00 from the Sewer Assessment Fund, and
by raising the balance of $165,000.00 in the current tax levy. "
184
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 designated 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, at-
tested by the Clerk of the Boara, 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.
IN WITNESS WHEREOF, the undersigned being a majority of
the Boas+d of Selectmen aforesaid have hereunto subscribed our
names this eighteenth day of February, 1963.
/8/ Lincoln P. Cole, Jr.
Selectmen
Otis S. Brown, Jr. of
Lexington 111
Levi G. Burner
Attest:
Hazel J. Murray
Executive clerk, Selectmen
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Lot Land Court
Owner No. Book Page Cert. No. Area Assessment
Jan & Sylvia
Leyenaar, h/w 36 6537 507 7850 $ 359 10
Jan & Sylvia
Leyenaar, h/w 35 7328 176 6000 274.47
Ross R. & Margaret
B. Rae, h/w L.C. 13 661 163 106313 6000 274.47
George L. & Doris
M. Francis, h/w L.C.12 601 155 94305 6000 274.47
185
II Lot Land Court
Owner No. Book Page ,Cert No. Area Assessment
Robert E. &
Isabelle Cassidy,
h/w L.C. 11 653 187 104737 6000 $ 274.47
Robert F. & Mary T
Monahan, h/w L.C . 10 644 116 102866 6000 274.47
Harry W. & Edna E.
Trask, h/w L.C. 9 071 161 108311 6000 274.47
William C. &
Susanne W. Hayes,
h/w L.C . 8 669 43 107793 6000 274.47
Frank H. Jr. &
Judith J. Totman,
h/w L.C . 7 609 11 95761 6000 274.47
Frank H. Jr. &
Judith J. Totman,
h/w L.C. 6 613 47 96597 6000 274 47
I
Marion F. Runstein
L.C. 14 654 36 104786 6000 274.47
Andrew Schneider 9A 5371 228 7500 343.09
Pasquale & Hermina
S. Luongo, hlw 10 & Pt.11 4679 134 8073 369. 30
Town of Lexington Pt. 12 5195 237.65
James E. & Mary A
Collins, h/w 13 9828 164 6000 274.47
Daniel & Mary
Ellen Tocci, h/w 14 7843 138 6000 274.47
Edward F & Hope 1
Kleinberg, h/w 16 8172 583 6000 274.47
Edward F. & Hope M
Kleinberg, h/w 17 8172 583 6000 274.47
Allan R. & Marguerite
S. Robinson, h/w 18 9682 282 6000 274.47
111 Richard L & Lois L
Moore, h/w 19 8461 139 6000 274.47
Richard L. & Lois L
Moore, h/w 20 8461 139 5250 240 16
i 86 ,�
Mt
C-
Mr. Cole moved to reconsider the classification
for the Clerk in the Civil Defense Department and
Civil Defense further, that the position be reclassified as S-3,
Clerk Senior Clerk. Two members voted in favor, three in
opposition, and the motion was therefore lost .
Mr. Legro retired at 10:37 P.M.
The Chairman reported on the meeting Wednesday
with Mr. Albert Gray, Jr. , applicant for the position
of Executive Assistant, and said he is anxious to
accept the appointment but felt he could not come
for less than $10,500 and would pay for his moving
Appointment expense .
Mr. Burnell r ;ported that Mr. Gray had stated he
would expect at the end of two years that his salary
would be reviewed.
Upon motion duly made and seconded, it was voted
to appoint Mr Albert Gray, Jr. , 406 Griswold Road,
aethersfield, Connecticut, Executive Assistant to the
Board, effective March 28, 1963, for a term expiring
March 31, 1964, at the rate of $10,500 per year,
classified as S-26
Messrs. Clarke and Battin of the Appropriation
Committee, met with the Board
The ChairMan reported that Mr Carroll had dis-
cussed the Kiln Brook drainage with Representative
John Brox and explained that it is necessary for the
Town to appropriate $30,000 if it is to receive a
$30,000 contribution from the State
Mr Clarke asked if the Board would be willing
to eliminate the reconstruction and widening of a
section of Lowell Street, a $40,000 item in the Public
Works Department budget if this amount of $30,000 is
to be appropriated for the Kiln Brook, and the Board
agreed to postpone the Lowell Street reconstruction.
Later in the evening, Mr. Clarke reported that
the Appropriation Committee recommended leaving the
Lowell Street item in and to use the $20,000 appropri-
ated in 1958 for the acquisition of the Great Meadows
towards the appropriation for the Kiln Brook project .
The meeting adjourned at 11:25 P.M.
A true meeting, Attest:
7714y1)•
• tec6t ivd' Cler0 Sel ec en