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HomeMy WebLinkAbout1960-10-24-min 200 0.' n 1w sT3 SELECTMEN'S MEETING October 2L., 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 2L1 , 1960, at 7:30 P.M. Chairman Morey, Messrs . Ferguson, Cole , and Richards were pre- sent. Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Upon motion duly made and seconded, it was voted Minutes to approve the minutes ofthe Selectmen's Meeting held on October 17, 1960 . Mr. Carroll reported that he had a proposal for engineering services for the study of refuse collection and disposal. He had five copies of the proposal and recommended that the members of the Board study it, and said he would like to arrange for Mr. Heaney to meet with the Board next week, at which time he would discuss what he plans to include in the study if the Board accepts Fay, Spofford and Thorndike, Inc. , con- sulting engineers . Mr. Heaney did the study for Winchester . Proposal for Mr. Ferguson asked if Mr. Carroll had discussed engineering the subject with any other engineering concern and services, he }replied in the negative. refuse dis- Mr. Ferguson asked if any work would be done posal on the present dump site and Mr. Carroll replied that he had not asked for that ap he was under the impres- sion that the Board expected to discontinue the use of the present dump. Mr. Ferguson said that the question might be raised at Town Meeting. The Chairman said that could be a continuation of the dump study as to how long the present dump will be used. Mr. Richards inquired about the cost of the study and Mr. Carroll stated that it would be $2,000.00. Mr. Richards asked when it would be comp7e ted, and Mr. Carroll replied in three months . He stated that the report would cover every phase of refuse dis- posal. The Chairman asked Mr. Carroll what he would do in the event the Board did not accept the report, and he replied that he would go to another engineering company, possibly Metcalf & Eddy. He explained that none ofthe consultant engineers will bid as it is 201 contrary to their code of ethics, and said the Board would have to make its decision as to who will be engaged on the basis of experience and the feeling the Board has about the individual who is going to make the study. He said he was very impressed with Mr. Heaney. Mr. Ferguson asked if this concern was the best qualified to do the job and Mr. Carroll replied that he could not say they were the best, but he knows they have done considerable work in this line which has been satisfactory. It was agreed to invite Mie. Heaney to meet with the Board next Monday evening . Mr. Carroll reported that Hartwell Avenue has been turned over to the Town by the State . He ex- plained that he has no official notice but does have Hartwell a plan stating that it has been turned over, and has Avenue not had an opportunity to discuss it with Mr. Stevens. The Chairman asked if the Town would now have to maintain the street and Mr. Carroll replied in the affirmative . Letter was received from the Lexington Home for Aged People, requesting the Boa' d to have white cross- ing lines painted in front bf the home . Cross walk Mr. Carroll reported that he went up to the area with the Chief of Police and a white cross walk will be painted. Letter was received from Mr. Converse Hill, Brewer & Lord, advising that a new method of rating Town schedules has been promulgated which should result in lower fire insurance rates. This is something so new Insurance that neither the companies nor his office know just how it will affect their clients, but details will be submitted as soon as possible . Mr. John Belle zia met with the Board and stated that he represents Vincent Bellezia, for whom he is Conservator. Mr. John Belle zia owns the Pine Meadows Country Club. He said they were anxious to expand the course into eighteen holes if possible . At one time they had almost enough land to do:it but when Route 128 was constructed, some of the land was taken. He ex- plained that he would like to purchase thirty-five acres in the Meaaherville section, owned by the Town. He said he understood that it is intended to put a 202 1-3 school in the area but he believed there would be sufficient land, most of which is owned by the Town, so that the Club could acquire thirty-five acres and leave enough land for the school. The Chairmanasked how many acres Mr. Bellezia now owns, and he replied about ninety-five and to add another nine holes, thirty-five acres more would have to be acquired. The Chairman explained that the School Sites Com- mittee has had under consideration for some time the Tax title acquisition of all of this area for school and recre- ation purposes . She stated that the exact location has not been determined arra the Town would move very slowly in disposing of any land. She asked if the Board did vote to sell any land to the Club what guarantee would be given that the Club might not in the future convert the property into a development . Mr. Bellezia replied that it would be taken care of by Town Counsel. He said they would be willing to have a restriction on the land. He said they have re- ceived tempting offers for the land for development. The Chairman asked if the two golf courses could be joined together, Lexington Golf Club and Pine Meadows Golf Club. Mr. Bellezia consulted a plan and replied that he doubted if either club could buy the other out and said they are two different types of operation. Mr. Bellezia stated that he has not gone into the matter very deeply, and the first thing to be determined is whether or not any of the Town land is available . The Chairman said the first thing to be considered are the steps proposed by the School $ttes Committee, one of which was redevelopment and the other an exchange of land owned by the Town for land owned by individuals, and this is a process that would take some time . She said it is nothing that can be done with a great deal of speed and the Town is not planning on disposing of the land in the area . Mr. Bellezia said that they plan to make improve- ments in the Club house section this year and hope to have a pro shop, but all these plans could be changed and would be changed if there is any possibility of making an eighteen hole course . Mr. Ferguson suggested that Mr. Bellezia make his plan known to the School Sites Committee . The Chairman asked if tentative layout of an eighteen hole course had been made toshow how much land would be needed, and Mr. Bellezia replied in the negative. 203 The Chairman said she thought the School Sites Com- mittee would like to see on a plan what Mr. Bellezia has in mind as far as the area is concerned. Mr. Bellezia stated that he has been in contact with Whitman & Howard and asked to have the bounds of the property traced. He said he could find out from them the exact layout of the property and then perhaps lay out the seven holes very easily. The Chairman said that if Mr. Bellezia would do that, she could report to the School Sites Committee so it will know what he has in mind . She stated that as a Board they have not come to a decision as to what it intends to do with this land . Mr. Bellezia retired at 8:15 P.M. Mr. Stevens, Town Counsel, arrived at the meeting. He presented a Taking Order for adoption by the Boardto take the land the Town voted to acquire September 26, from Kingston Homes, Inc. Upon motion duly made and seconded, it was voted to sign the Order in the following form: COMMONWEALTH OF MASSACHUSETTS ' Middlesex, ss. At a meeting of the Board of Selectmen of the Town of Lexington held this 24th day of October 1960 it is unu,rn : WHEREAS, by vote duly adopted by a Town Meeting duly called, warned and held on the 26th day of September, 1960, the Selectmen were authorized on behalf of the Town of Lexington to purchase, take by eminent domain or other- wise acquire for future street location or for playground and recreational purposes and other public purposes the land hereinafter described and an appropriation of money was made therefor, as will more fully appear by reference to said vote, an attested copy of thich is annexed hereto . NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified andacting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926 and Chapter 79 of the General Laws of Massachusetts, 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 street, sewer, water, drain, playground and 204 F•4 recreational purposes, the following parcel of land situated in said Lexington and bounded and described as follows: WESTERLY by Hathaway Road, one hundred and 00/100 (100.00) feet; NORTHEASTERLY by lot 19 by a curved line , thirty- nine and 39/100 (39.39) feet; NOR'MERLY by said lot 19, one hundred sixty- one and 60/100! (161.60) feet; WESTERLY by said lot 19 and lots 18, 17, and AGAIN 16, six hundred fifty-seven and 72/100 (657.72) feet; NORTHERLY by land now or formerly of Dorothy J. AGAIN Pihl and by land now or formerly of Universal Construction Co. , five hundred two and 95/100 (502.95) feet; EASTERLY by land of the Town of Lexington, one thousand fifty-two and 01/100 (1052.01) feet; SOUTH_ tLY by land now or formerly of John W. Castoldi, Inc . by two courses measuring respectively, two hundred forty-three and 59/100 (243. 59) feet and sixty-seven and 07/100 (67.07) feet; WES'r twY by lot 25, One hundred sixty-five and 85/100 AGAIN (165.85) feet; SOUTEdRLY by said lot 25, one hundred seventy-nine AGAIN and 45/100 (179.45) feet; and SOUTHEASTERLY by said lot 25 by a curved line , thirty- nine and 15/100 (39.15) feet. Said parcel is down on a plan entitled "Plan of Land Off Hathaway Road Lexington Mass.", dated October 10, 1960, John J. Carroll, Town Engineer, to be recorded herewith. Said lots 16, 17, 18, 19 and 25 are indicated on said plan and are shown on plan entitled "Hawthorne Acres Section One Lexington, Massachusetts", dated May 29, 1957, Henry F. Bryant & Sons, Inc. , Engineers, recorded in Middlesex South District Registry of Deeds as plan No. 1285 of 1957, Book 9013, Page 173 . I 205 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 property by reason of the taking hereby made as follows: To Kingston Homes, Inc . the sum of One Dollar ($1.00) . In so awarding damages we have awarded them ta the supposed 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. No betterments are now to be assessed for the im- provements for which this taking is made . WITNESS our hands and seals in said Lexington, the day and year first above written. TOWN OF LEXINGTON By Ruth Morey /s/Lincoln P. Cole , Jr. /a/Norman J. Richards Gardner C . Ferguson Being a Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . October 24, 1960 Then personally appeared the above named Ruth Morey, Lincoln P. Cole , Jr., Gardner C . Ferguson and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing insttument to be their free act and deed before me, /s/ Hazel J. Murray Notary Public My commission expires November 21, 1964 206 CERTIFICATE OF VOTE October 24, 1960 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at a Town Meeting duly called, warned and held on the 26th day of September, 1960, in accordance with the provisions of law applicable thereto, the following vote was unanimously adopted: "VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase , take by eminent domain or otherwise acquire for a future street location and for playground and recreational purposes, and other public purposes, a parcel of land containing about nine acres, bounded westerly by Hathaway Road and by lots 16, 17, 18, 19, and 25 on Hathaway Road, as shown on plan of "Hawthorne Acres, Section One", which is recorded in Middlesex South District Registry of Deeds as plan No. 1285 of 1957,. Book 9013, Page 173, and bounded easterly by land of the Town sometimes known as the Willard Woods; and to appropriate for such land acquisition the sum of $12,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account " A true copy. Attest: /8/ James J. Carroll James J . Carroll, Town Clerk The Chairman reported that Mr. Medill Bair, Super- intendent of Schools, called and asked what the School Committee was supposed to do relative to going ahead School for a school. As far as the land is concerned, he wanted to know if the Town would tprn the land over to the School. She advised him that for the present, it was not necessary for the School Committee to take any action knowing that the Selectmen are going along with this for a Town Meeting on November 21, but if sane of the items could not be ready, the date would have to be changed. 207 The Chairman reported that she saw Mr. Trani today and he wanted to know what progress was being made . Mr. Stevens explained that he has a redraft of Trani the agreement. Agreement The Chairman asked if it would be ready for the November Town Meeting, and Mr. Stevens replied that he thought so. The Chairman asked about the situation of the railroad crossing Cataldo's land the the parking lot. Mr. Carroll said that a layout at the November Crossing and Meetifig iSI-notrneeded. Parking Lot Mr. Stevens explained that it would be at the Annual Town Meeting and authority has to be obtained from the County Commissioners. He said there would be nothing about this for the November Meeting. The Chairman asked about the agreement with the Air Force on the water and Mr. Stevens explained that Air Force he has the papers and the Air Force is waiting to Water hear from the Town . He said this would be taken up at the November Meeting. The date for the Special Town Meeting to be held in November was not set and will be considered next Monday night . The Chairman read a letter from Mr. Stevens rela- tive to Parcel B - Peacock Farm Road, a forty foot strip of land acquired by the Town from Hillcrest Village, Inc . , in 1959. The acquisition of an addi- Parcel B - tional piece was authorized under Article 38 of the Peacock Farm Warrant for the Annual Torn Meeting. Title was ac- Road quired by the Town by deed dated October 11, 1960 and recorded in Middlesex South District Registry of Deeds on October 20, 1960. Mr. Stevens retired at 8:55P.M. Application for a dump permit was received from Francis G. Warcewicz, the Essex Tree Service, Newbury- port . Dump Permit Mr. Carroll explained this company is doing work for the Town and no permit is required. He has taken care of the matter. Mr. Carroll retired at 9:05 P.M. 208 CD The Chairman read a letter from the Fire Com- missioners requesting a transfer of $700 to the Personal Services Extra Duty Fund to enable them to pay the firemen for extra duty occasioned by the hurricane . Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $700 from the Reserve Fund to the Fire Department Personal Services Extra Duty budget . Upon motion duly made and seconied, it was voted to sign an application, on behalf of Joseph A. Busa, Cert. of Inc 140 Grant Street, for a Certificate of Incorporation, satisfactory character reference having been received from the Chief of Police . The Chairman read a letter from the Lexington Junior Chamber of Commerce requesting permission to park an "Atoms at Work" mobile exhibit in front of Emery Park on Saturday, November 0, from 10:00 A.M. Mobile - until 3:00 P.M. Exhibit It was the opinion of the Board that the pro- posed location would cause too much congestion in the Center, and it was suggested that the unit be parked on Massachusetts Avenue between the Infor- mation Booth and Buckman Tavenn, just beyond the bus stop. Upon motion duly made and seconded, it was voted Paper Drive to grant permission to St. Brigidts Church to conduct a paper drive on Sunday, October 30, 1960. Upon motion duly made and seconded, it was voted to sign Notices of Intention to lay out Worthen Road from Massachusetts Avenue 3370 feet, more or less, Worthen Road southeasterly to Waltham Street . The Board will hold a meeting in Estabrook Hall on Thursday, November 10, 1960, at 7:30 P.M. for the purpose of establishing said layout and hearing all parties interested. Further consideration was given to Mr. Arthur S. Burrell' s letter of September 22, 1960 stating that it is timely for the Board to issue a positive state- ment to the effect that all Town departments and Town employees must feel that, as part of their regular job, they have a certain assigned Civil Defense responsibility. 209 111 On May 26, l959, letters were sent from the Board to the Superintendent of Public Works, Chief of Police, Executive Health Officer , Board of Fire C ommissione rs, and the Welfare Agent, advising that the Selectmen had voted to appoint representatives from those departments to serve as members of a Civil Defense Corps to work C ivil with the Director. Defense It was agreed to suggest that Mr. Burrell held a meeting of this group and thos representing the De- partments should specify the responsibilities of the employees in their Departments rather than have the Board do it. Mr. Cole agreed to represent the Board at the meeting if the Director so desired and to discuss any phase of Civil Defense with the Director whenever he wished to contact him. The meeting adjourned at 9:50 P.M. A true record, Attest: i zectfi ive Cler1(, Select I