Loading...
HomeMy WebLinkAbout1960-09-14-min 142 4r+ SELECTMEN1S MEETING Se itember 14, 1960 A regular meeting' of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday, September 14, 1960, at 7 30 P.M. Chair- man Morey, Messrs . Adams, Ferguson, Cole and Richards were present. Mr Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executtve Clerk were also present Mr . Mahon, representing the Boston Edison Company, met with the Board relative to proposed manhole and con- duit locations on Westview Street and Maguire Road. Mr. Mahon stated that his company had previously petitioned the Board and at that time, Mr Carroll had other thoughts so that petition was held in abeyance . The company then presented plans to Mr Carroll and he 7nhole and approved them Since that time , another petition has conduit been presented to the Board Mr . Mahon said that the locations Itek Company is anxious to set a driveway under which these cables will lay. Itek wants the cable in so that the driveway can be put in Mr. Mahon said if it is agreeable to the Board, he had a petition with the original date showing a new layout of the plan . He explained that the public hearing which was held on the earlier petition could apply to the petition the Board now has dated in the original form. Mr . Carroll said it was greeable with him. He stated that the one abutter involved works for the Town and has no objection. The Chairman said that this merely changes the line so there will be less cut of the street. Upon motion duly made and seconded, it was voted to approve the petition, as of the earlier date, and sign the order for the following manhole and conduit locations Westview Street, at Maguire Road, a distance of about 15 feet - manhole . Westview Street, at Maguire Road, a distance of about 35 feet,-conduit Maguire Road, southeasterly from Westview Street, a distance of 150 feet - conduit Mr. Mahon took the petition dated August 24, 1960 and retired at 7:38 P.M I 148 Mr. Stevens stated that the last Extension of Time for passing papers on the property on Follen Hill was the fifteenth of this month. A preliminary plan was finally completed Friday which has been iven Extension of some study and the Land Court will have something to Time say about it He said he thought there would have to be some lots cut out and asked the Board to grant an- other extension of time Upon motion duly made and seconded, it was voted to extend the time for delivery of the deed and payment for a certain parcel of land to be acquired from the Trustees of the Tower Trust to October 31, 1960 . Mr. Stevens presented Orders of Taking by eminent domain of sewer and drain easements on two parcels of land off Barrymeade Drive . He explained that they are the same parcels on which the Commonwealth has sewer easements Easements Mr Carroll explained that the sewer on Barrymeade Drive has to slope down from Lincoln Street to the trunk sewer behind Howard Johnson' s restaurant He stated that funds are available for the construction of the drain from the end of Barrymeade Drive to the rear land of the State and he has written the State for permission to occupy a forty-foot easement for utilities which the State already has . He reported that he received verbal permission and has been toldthat that written permission will be given . The Chairman asked Mr. Carroll how soon he wanted to enter the area, and he replied that he would like to go in very soon as the contract has been awarded The land is wet and the contractor should have been in there before Upon motion duly made and seconded, it was voted to sign Orders of Taking by eminent domain of sewer and drain easements on two parcels of land off Barrymeade Drive in the following form C ONi ONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington At a meeting of the Bce rd of Se]e ctmen of the Town of Lexington held on the 14th day of September, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof held on March 21, 1960, in accordance with the pro- visions of law applicable thereto, the following votes were unanimously adopted: 144 C: w•+ "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains , subject to the assessment of better- ments or otherwise , in such accepted or unaccepted streets or other land as the Selectmen may determine , in accordance with Chapter 504 oft he Acts of 1897 and all acts in amend- ment thereof and in addition thereto, or otherwise , and to take by eminent domain, purchase or otherrwise acquire any fee , easement or other interest in land necessary therefor; and to appropriate for such install tion and land acquisi- tion the sum of $24'_; ,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 " "VOTED: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as they may determine , in accordance with Chapter 263 of the Acts of 1926, as amended, 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 614,000.00 and to provide for payment by transfer of $24,000.00 from the Excess and Deficiency Account and by raising the balance of $50,000.00 in the current tax levy." WHEREAS the Selectmen have determined that it is necessary in the public interest to install sewers and drains in the parcels of land hereinafter described 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, Chapter 263 of the Acts of 1926 and Chapter 79 of the General uaws, 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 and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes , culverts and other appurtenances, and (2) a covered surface and ground water drain or drains, with any manholes, pipes, conduits 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 parcels of land situated in said Lexington and bounded and described as follows: Parcel U-l. A parcel of land supposed to be owned by Joseph F. Busa and Rosana Busa and bounded as follows : * subject to the assessment of betterments or otherwise , 145 WESTERLY by the ea:'terly location line of the January 6, 1953 State highway layout, about forty (40) feet; NORTH1 RLY by thedividing line between said land of Busa and lands now or formerly of Caywood and Edith Greening, of Mary L. and Frank Oliveira, and of Jackson C and Arthur J. Thyng, about five hundred twenty-five (525) feet ; EASTERLY by the dividing line between said land of Busa and land now or formerly of Helen B. Sarano, about forty-one (41) feet; and SOUTIRLY by a line extending from said Busa-Sarano dividing line , parallel to said dividing line between land of Busa and lands of Thyng, Oliveira and Greening and forty (40) feet distant therefrom, to the aforesaid State highway location line, a distance of about five hundred sixteen (516) feet; containing about 0.48 acres; all as shown on plan entitled 'Plan of Sewer And Drain Easement Off Barrymeade Drive , Lexington, Mass.", dated February 8, 1960, John J Carroll, Town Engineer, to be r corded herewith Parcel U-2 A parcel of land supposed to be owned by Helen B. Sarano and bounded as follows SOUTHEASTERLY by a curved line marking the northwesterly end of Barrymeade Drive , about fifty three (53) feet, WESTERLY by the dividing line between land of said Sarano and land now or formerly of Joseph F. & Rosina Busa, fifty nine and 47100 (59.47) feet; and NORTHEASTERLY by a line drawn on an extension of the northeasterly street line of Barrymeade Drive , as it exists along the front of lot 18 on Barrymeade Drive , thirty-two and 28/100 (32.28) feet; containing about 565 square feet; all as shown on said plan Said rights and easements are taken subject to the rights and ease- ments taken by the Commonwealth of Massachusetts, acting by its Depart- ment of Public Works, by order dated September 22, 1953 and recorded in Middlesex South District Registry of Deeds, Book 8145, Page 135. 146 GPI Said rights and easements are taken wit5:out interference with mrr- prejtadicestioattle lights citf,, tbet Te.spectfive, *wners. ,off'• tb.e dam, .gcluded w•ittrini the.f ab& a descriptions,, exce'p<t'-so fe.r as de reason- kin, necessary, dih the .exeh ice 4f)theri htetand, a .temetats. hereby te.ken.;lind th`erelSre reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent 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 as good condition as wh-_ n the entry was made . Any trees upon the land included within the above described strips of land are included within the taking. 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 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 : Owner Parcels Joseph F. Busa and Rosina Busa, husband and wife U-1 Helen B. Sarano U-2 And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded No betterments are to be assessed for this improvement. WITNESS our hands at Lexington as aforesaid, this 14-Lh day of September, 1960 . /s/ Ruth Morey Lincoln P. Cole , Jr. ,,c Alan G. Adams Gardner C . Ferguson Norman J Richards Majority of the Board of Selectmen 147 C OT^MONWEALTH OF MASSACHUSi:TTS Middlesex, ss . September 111 , 1960 Then personally appeared Ruth Mor- y, Alan G Adams, 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 instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 1964 Mr. Stevens reported on the meeting held with the representatives fromthe Air Base on Friday morning Water - relative to the subject of water supply to the base Air Force The Chairman, Messrs . Stevens and Carroll left the meeting at 8:40 P.M° Mr. Richards acted as Chairman and hearing was declared open upon complaint filed by Mr. Fred E. Hersom, Jr. and Lena A. Hersom, 30 Blake Road, that a dog owned by Mr. Paul M. Wagner, Jr. , 33 Blake Road, was a nuisance by reason of excessive barking and chasing and damaging cars . The Chairman introduced the members of the Bop rd and expl fined he would proceed with the hearing. He asked those present to identify themselves and said he would swear in those who wished to give evidence He explained that the complainant would be heard first; after he or she ha: completed what they have to say, anyone else could speak. Following that , the Board would hear fromthe owner of the dog. The following persons, wishing to give evidence , Dog hearing sod, raised their right hands and swore that the evidence to ge given in this case would be the truth, the whole truth and nothing but the truth: Fred E. Hersom, Jr. , 30 Blake Road, Mrs. Fred E. Hersom, Jr. , 30 Blake Road, Mrs. Paul M. Wagner, Jr , 33 Blake Road, John F. MacNeil, 117 Shade Street , Doris MacNeil, 117 Shade Stret, Mrs . John Berquist, 2 Concord Road, Bed- ford, George W. Forten, Dog Officer. The Chairman explained that it is within the province of the Board of Selectmen to issue an order to restrain this dog if, in its opinion, the dog is a nuisance by 148 r• reason bf its vicious dispositioh Or excessive bark- ing or other disturbance He stated that the Board had the Dog Officer make an investigation and submit a report before the hearing was held. Mr. Hersom said that he regretted the necessity of being at the meeting but the reason is because personal appeals by himself and by Mrs Herson to the owner that the dog be restrained so they could sleep, and that the dog cease to pursue cars, has met with no compliance as far as he knew. He said appeals to the police have received attention and the officers have visited the premises at all hours and were assured by the owner that the dog would be restrained. He said the last episode was Monday evening when the dog tried to jump on the car of one of the witnesses here . He said there was an episode ten days ago to his own car when the dog jumped on it and created damage and gave the impression he wanted to bite an elbow He said he then spoke to the owns--r sharply for which he was sorry. He said he talked to her several times before and asked her to keep the dog off the car. Mr. Hersom said he would have no objection to the dog being kept on its awn property. He said he wanted the Board to restrain the dog so that it will not interfere with people visiting his house . He said a few weeks ago, a man came to his house , very much shaken, and asked if he owned the dog The man said the dog tried to bits his arm. Mr. Hersom asked if he would be willing to present evidence to the police , but he said he would not be back in the area and was not interested Mr. Hersom said the trouble has occurred over an interim of probably two years . He state()_ that on several occasions they have been awakened at two or three in the morning by barking which continued for a matter of several hours . He said one time it was from seven at night Until six in the morning, almost without interruption . He said he wanted something done so that this would not be re- peated The Chairman asked Mr. Hersom if there was any doubt in his mind that the dog barking is the dog owned by Mr . and Mrs . Wagner, and Mr. Hersom replied that he had no doubt whatever. Mr. John MacNeil, 117 Shade Street, said that as far back as two years ago in visiting his in-laws, the Hersoms on Blake Road, this dog has lunged at his car several times and done damage , but not enough for him to register a complaint . He stated that about two nights ago, leaving their home , he and his wife had this dog lunge at the car. He said he thought the dog had vicious tendencies He said he knew that Mrs 149 Wagner loved the dog but he was concerend about his safety and the safety of the children going through the neighborhood He stated that just driving down the road is enough to get in trouble with the dog, who will lunge at the window of the car. Mrs . Doris MacNeil, 117 Shade Street , said she was the Hersom' s daughter and has occasion to visit them, and the dog has jumped at her car . She said usually she tries to watch for him but if one hesitates, the dog pounces on the car The Chairman asked if Mrs. MacNeil was certain this was the same dog owned by Mrs Wagner, and Mrs . MacNeil re lied in the affirmative Mrs . John Berquist, 2 Concord Roar , Bedford, said she was the Hersoms ' daughter and two weeks ago Monday the dog started for her father who was backing the car out and Mrs. Wagner called the dog back Mrs . Hersom said she has neighbors by the name of Nussbum who could not attend the hearing this evening and requested her to tell the Board that when they have guests coming wi h cars, they have had to ask Mrs Wagner to restrain the dog Mrs . Paul Wegner, Jr. , 33 Blake Road, said she has had the dog since he was twelve weeks old and he is now five years old and he ha never bitten anyone . She said he does chase cars because at one time two or three years ago, he was hit by a car at about seven in the morning . She said she did not know who hit him. She was at the door and his leg was broken and his mouth all blood. Mrs . Slade and her son, Jeffry, drove her with the dog to Dr Smith. She said if anyone is com- plaining about him chasing cars it maybe because he is trying to get even. The Chairman said that the complaint is that the dog has become a nuisance Mrs . Wagner said the dog loves people but he does chase cars . The Chairman said one complaint is that he barks continually. Mrs Wagner said the dog is never out of the house . She said when the police came up, she told them that was the first night he was ever out of the house The Chairman asked if Mrs. Wagner had any difficulty in keeping him restrained, and she replied that she does not like to restrain him but she would if it has to come to that . The Chairman said that she must have received some requests from the neighbors, and she stated that she had . 150 owe The Chairman asked if she tried to restrain the dog, and Mrs. Wagner replied that some times he will come when she calls and some times he won' t. She said he loves to bark . She said she would be glad to restrain or re- strict him if he hurt anyone She stated that he does chase cars, but he would never hurt a human being. The Chairman asked if Mrs . Wagner was unwilling to restrain the dog and she replied that she was not unwill- ing and would restrain him if it would help. She said she would like to keep the dog as long as she can. Mr. Cole asked if the dog had ever bothered anyone on foot , and Mrs Wagner replied in the negative She said he has never, never done anyone any harm other than chasing cars She said he is not vicious and would never bite Mr. Cole asked if the dog molested Mrs Hersom in walking around the neighborhood, and she replied that she want to get the mail one day and he pounced on her . Mr. MacNeil said he had a dog of his own and thought the Board should bear in mind that this dog has not only lunged at his car on many occasions, but has lunged at him through an open window so that he had to pull his arm in. He said he does show tendencies that he might bite Mr. Hersom said he woulid-like some assurance that the dog will not bark all night . He said he barks con- tinually for ten hours . He said on several occasions he called Mr Wagner, once at 2:30 in the morning. Mr. Wagner did not get the dog and he continued to bark. He said Mrs. Hersom is not in the best of health and needs her sleep. He said he would like Mrs . Wagner to have her dog if she could keep him from being a nuisance . He suggested that she get rid of him. Mrs . Wagner said that she would never get rid of the dog. Mrs . Hersom said that the dog went after Mrs . Nussbum and she smashed him with her bag. He scratched her car and she had to pay for painting the scratches . The Chairman introduced as evidence the report re- ceived from the Dog Officer, and said if there was nothing frarther to be said, he would declare tle hearing closed. Mr. Ferguson asked what Mrs Wagner had done when the neighbors complained about the barking. Mrs . Wagner replied that he does not bark that much. She said he was out one night barking, and like any other dog, he barks occasionally . She said he was out that night because she had a party and the dog just flew out the door. She said that was the only night he was out and that he is not vicious at all . She said he does chase cars and she could restrain him for that . 151 Mrs . Hersom said it was not only one night that the dog barked. She said often ther is no one home and he barks until two or three in the morning . She stated that when the Wagners go away, they leave him out . The Chairman declared the hearing closed and stated that the Board would advise in writing what action is taken. The group retired at 9:10 P.M. Upon motion duly made and secLnded, it was unani- mously voted to order Mr Paul M Wagner, Jr. , to restrain his dog during the day and to keep it in during the night The Chairman, Messrs . Stevens and Carroll returned to the meeting. The amount of money to be requested at the Special Article 2 Town Meeting, under Article 2, was discussed, and the Town Board was not in complete agreement as to the amount to Meeting be recommended. Mr. Ferguson was opposed to requesting $37,700 .00 Mr. Carroll reported on bids opened last week for sidewalks and appurtenant work and stated that bothche and Mr. Howard recommended awarding the contract to the low bidder. Contract Upon motion duly made and seconded, it was voted to award the contract for sidewalks and appurtenant work to J. J Ryan Construction Co. , Inc . , the low bidder, in the amount of $7,350 .00. At 9:25 P.M , the Appropriation Committee and Mr. Donald Noyes, of the Capital Expenditures Committee , met with the Board to discuss the amounts to be re- quested at the Special Town Meeting. Town Meetin_: It was agreed to recommend $100 under Article 23, appropria- Emerson Road from Eqst Street 240 feet, more or less, tions northerly, and to recommend $100 under Article 24, Diana Lane from Hill Street 350 feet, more or less, southeasterly. It was felt that the streets could be established as town ways and accepted but that actual construction could be deferred until next year and the money appropriated at the Annual Town Meeting. Considerable discussion was held relative to Article 2, off-street parking area dnd it was agreed to omit $15,000 for paving the area at this time . In the discussion of Article 5, the Board pre- ferred to obtain an option for the purchase of the 152 0.3 land if possible rather than an appropriation at this meeting to purchase it Mr. Carroll explained what he would like to ac- complish under Article 25 and the Chairman state that the Board of Selectmen would not recommend any change and would ask for $3,000 .00. The Appropriation Committee , Messrs. Stevens and Carroll retired at 11 10 P.M. Notice was received from the State Department of Public Works to the effect that by an order dated June 28, 1960 certain land or rights in land were ;tate land taken for State highway purposes in the Town of Lex- taking ington For damages to the parcel of land numbered 5-2 (area approximately 0.23 acres) the State awarded the sum of $1.00 . It was agre-ed to refer the subject to Mr. John Carroll for an investigation of the facts following which he is to take the matter up with Mr. Stevens Letter was received from the State Department of Public Works with reference to the Department ' s contemplated widening of Route 128. The Boston and Pa lroad Maine has recommended that the Department eliminate ;:ridge Avon the track bridge over "Avon Street" or Pine Street otreet If the Town has no objection to the closing of Avon Street under the railroad, the Department wil.._ hold an alteration hearing for the alteration of the bride carrying the railroad over Route 128 which will include the closing of Avon Street . It was agreed to refer the letter to Mr Snow because of his interest in the area as it relates to the M 1 District and ask him to answer the State . Letter was received from Mr. Stevens advising that title has been acquired from Adrian E. E. MacKeen, Jr , and Anita B MacKeen to a certain parcel of land NacKeen situated on Massachusetts Avenue in East Lexington, rrt or ty together with the dwelling thereon, numbered 572 Massa- chusetts Avenue Mr. Stevens also wrote to the Collector of Taxes and requested, on behalf of theBoard, that the balance of the 1960 taxes on the property be abated Upon motion duly made and seconded, it was voted to approve the minutes of the Selctmen' s Meeting held on September 6, 1960 153 Upon motion dulymade arra seconded, it was voted to certify as to the character of Richard I . Jones , Cert . of Inc.. 12 Bellflower Street and George S Holleman, 10 Tufts Foad , who have applied for a Certificate of Incorpo- ration, satisfactory references having been received from the Chief of Police . Letter was received from Chief Rycroft relative to proposed changes in the operation of the local , government radio system, and he sug ested that the Radio SysteT Civil Defense Director, Superintendent of Public works , Fire Department and the Chief of Police discuss the subject with the Board. A similar letter was received from Mr. Carroll, Superintendent of Public Works Letter was received from the Board of Fire Commissioners stating that they have no objection to Mr. Burrell' s proposal. It was =:Treed to invite the group to meet with the Board next Monday . Letter was received from Mr. Angelo Chick, Chair- man of the Painter' s Guild, Lexington Arts & Crafts Society, Inc . , requesting permission to use the Buckman Art F.xhitit Tavern lawn on Sunday, September 25, for its annual 111 art exhibit . Upon motion duly made and seco de d, it was voted to grant the request Upon motion duly made and seconded, it was voted to sign an order for the construction of a sidewalk on Sidewalk the south side of Hancock Street from Adams Street 2430 feet, more or less, northerly and on the north side of Hancock Street 110 feet, more or less, opposite North Hancock Street , and that half the cost thereof be as- sessed upon the abutting estates Upon motion duly made and seconded, it was voted to sign layouts of the following streets to be presented to the September 26, 1960 Special Town Meeting for ac- ceptance by the Town: Minola Road from Highland Avenue 625 feet, more or less westerly and southerly. Chadbourne Road from Concord Avenue 265 feet, more or less , southerly and 580 feet , more or less, easterly and 215 feet, more or less westerly Lawrence Lane from Pleasant Street to Pleasant Street Lillian Road from Lowell Street 67K feet, more or less, 111 westerly. 154 0 Wars WI Street Layouts (cont ' d ) I Rolfe Road from Fulton Road 190 feet , more or less, southerly Fulton Road from Lowell Street 615 feet , more or less, easterly. Thoreau Road from Emerson Rca d to Lowell Street . Whitman Circle from Thoreau Road 330 feet, more or less, northerly Alcott Road from Thoreau Road 770 feet, more or less, northwesterly. Emerson Road from Vine Brook 740 feet, more or less, southeasterly Graham Road from Burlington Street 700 feet, more or less , southerly and easterly Whittier Road from Graham Road 645 feet, more or less, southesterly Childs Road from Cedar Street 1345 feet, more or less, easterly Diana Lane from Childs Road 610 feet, more or less, northerly Wingate Road from Diana Lane 795 feet, more or less, northeasterly Leeland Terrace from Win{ate Road 350 feet, more or less, southeasterly Hastings Road from Massachusetts Avenue to Childs Road Emerson Road from East Street 240 feet , more or less, northerly Diana Lane from Hill Street 350 feet, more or less, southeasterly Upon motion duly made and seconded, it was voted to renew the following licenses Vernon J Rice (26 Years) 520 Camb . St. , Allston Ta xi Anthony Ferreira 249 Marrett Road Peddler (ren 'wl. ; Battle Green Inn 1720 Mass. Ave Innkeeper " Lexington Theatre 1794 Mass Ave . Theatre " Lexington Theatre " " " Sunday ft • The meeting adjourned at 11 25 P.M. A true record , Attest : U ,'xe4tiv Cler , Selec men icl q ,,r0