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HomeMy WebLinkAbout1960-12-12-min 256 111.4 C7 w••r SELECTMEN'S MEETING I December 12, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday December 12, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, Cole and Richards were present. Mr. Stevens, Town Counsel, and the Ex- ecutive Clerk were also present . Mr. Stevens reported that he had drawn the taking order on the Hagerty land which should be taken in fee . He explained that the regular order of taking of an easement will be ready. Upon motion duly made and seconded, it was voted to sign the Order taking the Hagerty land in fee in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. At a meeting of the Board of Selectmen of the Town of Lex- ington held this 12th day of December, 1960, it is ORDERED: AREAS the Board of Selectmen of the Town of Lexington, having determined and adjudged that common convenience and necessity require that a town way known as Worthen Road be laid out from Massachusetts Avenue southeasterly to Waltham Street and having complied with the requirements of law rela- tive to notice, and having received a report thereon from the Planning Board of the Town, did on the 21st day of November, 1960, lay out as a town way said Worthen Road from Massachu- setts Avenue southeasterly to Waltham Street and duly filed the report of such laying out with the boundaries and the measurements of the same with the Town Clerk on November 22, 1960; and WHEREAS, at a special Town Meeting duly called, warned and held on the 28th day of November, 1960, in accordance with the provisions of law applicable thereto, it was voted to establish as a town way and accept the layout of as a town way said Worthen Road from Massachusetts Avenue southeasterly to Waltham Street as laid out by the Selectmen under the Betterment Act and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee , easement or other interest in land necessary therefor, and an appropriation of money was made therefor; and 257 WHEREAS, the Board of Selectmen have determined that it is necessary for the purposes of said town way to acquire the land hereinafter described, NOW, TH ?3FORE, we the undersigned being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Section 24 of Chapter 82 of the General Laws of Massachusetts and the provisions of Chapter 79 of the General Laws of Massa- chusetts, 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 fee in the name and on behalf of the Town of Lexington for st •eet purposes the fol- lowing parcel of land situated on Lincoln Street in said Lexington and bounded and described as follows: NORTHWESTERLY by Lincoln Street, 175.00 feet; NORTHEASTERLY by land now or formerly of Josiah Willard Hayden Recreation Centre, Inc . , 150.00 feet; SOUTEASTERLY by land of the Town of Lexington, 175.00 feet; and SOUTHWESTERLY by land ofthe Town of Lexington, by two courses measuring respectively 55.78 feet and 93.95 feet; all as shown on a plan entitled "Plan Of Land In Lexington, Mass .", dated December 8, 1960, John J. Carroll, Town Engineer, to be recorded herewith All trees upon said land and buildings and structures affixed thereto are included in the taking . We award the damages sustained by persons in their pro- perty by reason of the taking hereby made as follows : To Alice P. Hagerty, the sum of One Dollar ($1.00) . In so awarding damages we have awarded them to the sup- posed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. 2 5,8 1.4 chn Betterments are to be assessed for the improvement for which this taking is made . 111 WITNESS our hands and seals in said Lexington the day and year first above written /s/ Ruth Morey Lincoln P. Cole , Jr. Alan G. Adams Gardner C . Ferguson Norman J. Richards Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 12, 1960 Then personally appeared Ruth Morey, Alan G . Adams, Lincoln P Cole , Jr. , Gardner C . Ferguson and Norman J. Richards, known to me to be the duly elected qualified and acting Selectmen of the Town of Lexington, and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 The Chairman read a letter from C . Clifford Hanson, 905 Massachusetts Avenue, stating that he and some of his neighbors would like an appointment with the Board Complaint because of the Zoning By-Law by the Mahoney Bros . Without sending a reply, a copy of the complaint was referred to Mr. Irwin for an immediate reply and a copy of the complaint is to be sent to Mr. Stevens . An appointment will be made as requested after receipt of Mr. Irwin report . Letter from Mr . Walter C . Ballard, 8 Raymond Street, Complaint in which he referred to a violation of the Zoning By-Law at 5 Raymond Street, was referred to Mr. Irwin for an investigation and report The Chairman read a letter from Mr. Gardiner J. Maxey, President of the Lexington Press, Inc . , 7 Oakland Street, requesting that the business be allowed to con- tinue the privilege of having an entrance into the 259 parking area, property formerly owned by the Boston and Maine Railroad Parking It was agreed to advise Mr . Maxey that the Board is not prepared to grant any rights in there now. Whether or not, when it is constructed, it will be possible to leave an entrance for his use will depend on a plan if it can be worked out . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on Minutes November 30, 1960 and December 5, 1960 . At 7:50 P.M. , the meeting was adjourned. The Board and Mr. Stevens left to adjourn the Special Town Meeting because of the blizzard, and resumed the Selectmen' s Meeting at 8:05 P.M. Mr Stevens retired. Mr. Adams reported that Mr. Jeremiah, part-time Wire Inspector, does not want to give up the Itek job because it is his livelihood. There aren' t too many jobs and if he is required to give it up, he will have to resign as part-time Wire Inspector for the Town Mr. Ferguson said he would be willing to have Mr. Jeremiah continue on the Itek job providing he has some- ' one else do the inspecting and hereafter he is not to take any job in Lexington. Mr. Adams reported that Mr . Jeremiah is willing to Wire take his vacation period while working at Itek. Inspector Mr. Ferguson said if his position as 'dire Inspector has not been made clear, he could not agree to making him give up his job providing another inspector is need Mr. Adams said he did not think it was necessary for Mr. Jeremiah to meet withthe board this evening . The Chairman read a letter fromMr. Jeremiah advising that, since his discussion with the Board last week, he discussed the matter of a substitute Wire Inspector on the Itek job with the Concord Wire Inspector, Mr C . Waldo MacWilliams and he would be glad to make inspections for the duration of that job . Mr. Richards said the first consideration is to get someone on the job. He said he thought Mr Jeremiah made it clear that he wants tostay on the Itek job . Mr. Ferguson moved that Mr. Jeremiah be permitted to remain on the Itek job providing there is another in- spector. Mr. Cole said he would appoint Mr C . Waldo MacWilliams substitute Wire Inspector, sight unseen. Mr. Ferguson said he thought the Board should do that . Mr. Richards and Mr. Adams were opposed to Mr. Ferguson's motion. 260 71 The Chairman declined to vote because she wanted to have Mr. Jeremiah meet with the Board. Mr. Ferguson moved for reconsideration. Mr. Cole moved that the Board invite Mr. Jeremiah to meet with it . Mr. Ferguson withdrew his motion for reconsideration. The Chairman called Mr Jeremiah on the telephone and reported that he is working on a building which should be done shortly. Another building is out for bid and the present electkician hopes to get the bid. If he does, the work will carry Mr. Jeremiah through February and if not, he will be through in December. They are op- erating on the National Electrical Code of 1959. Mr. Ferguson moved for reconsideration, Mr Cole seconded the motion, and it was unanimously voted. A letter from Mr. Carmine Massimilla, 102 Lowell Ditch Street, relative to condition caused by an open drain- age ditch, was referred to Mr. John Carroll. Petition, signed by Elis A. Guditz, and other resi- dents of Vine Brook Road, requesting the erection of Signs "Slow - Children" signs, was referred to the Traffic Study Committee . The Chairman read a letter from Mr. Eugene M. LaRose , advising that due to illness he must temporarily give up his position as Dog Officer. The Chairman reported that Officer Foxten advised Dog Officer her that there must be some place for the injured and stray dogs . He talked with Dr. Smith who would be will- ing to accept appointment as Dog Officer. She said she could talk to Dr . Smith and carry the subject beyond this . Upon motion duly made and seconded, it was voted to accept Mr. LaRosets resignation and to appoint Dr . Howard A. Smith on a temporary basis until it is deter- mined how long it will be . Mr. Adaris reported that Dr. Carl Bentcn is not interested in the position . Upon motion duly made and seconded, it was voted to grant, subject to the approval of the Alcoholic License Beverage Commission, a "Package Goods" Store license to Alfred S. Buss and Daniel P. Busa, d.b.a. Busa Bros . , 131 Massachusetts Avenue Mr. Ferguson reported that the committee on insurance had met and looked into the problem of distribution of 261 commissions on insurance of thelown . He said it appears that the Board has two choices . One choice is to put the insurance out for bid and if it is put out for bid, Insurance the Board will probably receive bids from any one of seven major companies . He said the amounts will vary very little because , for instance , the fire rates are fixed. The company which would be successful would then. appoint one agent and several assistant agents among their people in Town here . This would be done on an annual basis . The other choice would be the present method whereby the Board splits the commission among several agents in Town and have one principal agent . He said they did not know the basis on which it has' been split up. Mr. Ferguson said another way, and the way the committee recommends, is that the Board appoint one agent to be responsible for the insurance of the Town. The Board can appoint a committee of five to assist the agent . The agent will be responsible for the Town's insurance needs, for keeping enough insurance , and not more than it should have . The committee of five in- surance agents would be appointed on the annual basis as would the insurance agent. They would split the commission. The agent and the committee would be re- quested to meet at least once a month, to keep records 111 of their meetings, and they would be expected to make investigations and make reports on various aspects of the Town' s insurance . At the end of the year, they should have covered every phase of insurance for the Town to see if it has enough insurance, or too much, and where it stands . At the end of the year, in their report to the Selectmen, they should combine in the report what they have done and the committee of five would be expected to rate the Agent as to whether or not a good job had been done for the Town. They would also be expected to rate the other members of the com- mittee as to what they have contributed to the committee . The agent would be expected to rate all members of the committee . For the next year, two or three of the com- mittee would be dropped off and from applications sub- mitted to the Board, new members would be appointed so the members would rotate . Mr. Adams asked if the recommended procedure was a completely new idea and Mr . Cole replied that as far as he knew it was . Mr. Ferguson said he thought it was new in its detail but actually it is a modification of the present plan It was suggested that Mr. Converse Hill, of Brewer & Lord, be advised that the time has come for a complete 262 e-. revision of the method of handling the Town's insurance . During the discussion, the Chairman recommended that the 4.25 per cent be deducted from Bartlett; 3.25 per cent be deducted from Foster & Lamont and 2.25 per cent be deducted Dm. W. S. Cooledge Co Mr. Ferguson was opposed. Mr. Adams and Mr. Cole were both in favor of leaving the percentages as they now appear, not making any change until next year with the exception of W. S. Cooledge Co. If this company has no connection in Lexington, it is to be dropped off and the percentage given to Brewer & Lord It was agreed to discuss further next week the method to be followed in handling the Town' s insurance next year . The meeting adjourned at 10:50 P.M. A true record, Attest : ec iv ClerIEQ Selec n $ ech 1)\ l 1 riff'