HomeMy WebLinkAbout1960-08-08-min 79
SLLEC TMEN'S MEETING
August 8, 1960
A regular meeting cf the Board of Selectmdn was
held in the Selectmen' s Room, Town Office Building,
on Monday evening, August 8, 1960, at 7:30 P.M.
Chairman Morey, Messrs. Adams, Ferguson and Cole
were present . Mr. John J. Carroll, Superintendent
of Public Works, and the Executive Clerk were also
present.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
pole on Bow Street, 55 feet south of Rawson Avenue ,
easterly side
Mr. Mahon, representing the Boston Edison Com-
pany, Mr. Consilvio, representing the Telephone
Company, Mr. Names M. Gaffney, 23 Rawson Avenue,
and Mr. Cern) Vt. Coppola, 111 Bow Street, were pre- Pole
sent at the hearing. location
Mr.Mahon stated that at the present time the
entire load feeding the East Lexington area is now
being carried over Maple Street to Massachusetts
Avenue and that circuit is well loaded. Recently
there was a road opened up at the Edison sub-station
onLillian Road and the company has a line that feeds
back through Bow Street. The decision has been made
to close the line on Lillian Road and bring in a new
service to Bow Street . This will pick up the entire
area in East Lexington which is now overloaded.
Mr. Mahon stated that at the particular location
being considered, the company has an existing pole
at the corner of Bow Street and Rawson Avenue and
there is a section of 134 feet existing between poles
23 and 22 Bow Street. These poles are very heavily
laden at the present time and to add construction on
this long section of 134 feet is impossible . The
alternative is to put a pole in between that span as
indicated on the plan submitted with the petition.
Mx'. Gaffney asked why the proposed pole could not
be located to the opposite side of thestreet and Mr.
Mahon replied that the line is on this side of the
street and the company would not put one pole on the
other side .
Mr. Gaffney said he already has one pole and the
driveway is there .
80 wa
row
Mr. Mahon said that the pole would be ten feet
away from the driveway and the proposed construction
is not irregular.
Mr. Gaffney asked if the pole on Rawson Avenue
would take care of the situation and Mr. Mahon replied
in the negative . He explained that the problem is right
at this point , and it would not interfere in any way
with anything Mr. Gaffney might have in mind for his
driveway.
The Chairman explained that with the increased
amount of service it is necessary to have poles and
they have to be placed in the most efficient location.
Mr. Gaffney said that he was opposed because the
children climb the present pole by using the fence and
they could climb this one . He said he was concerned
because they might ring the fire alarm
Mr. Mahon said that the pole will not be near the
fence , and will be set about five feet off Mr. Gaffney' s
property.
Mr. Coppola said he had the same objections as
Mr. Gaffney and he lives in the next house .
The Chairman asked if the alternative would be to
put in a guy wire and Mr. Mahon said he thought that
had been given consideration.
Mr. Consilvio said the telephone company is also
very much interested in this section and he called on
Mr. Gaffney two years ago after he acquired the property
and asked about placing a guy. At that time, Mr. Gaffney
did not have a fence and did not want to have a guy so
the company dapped aside .
Mr. Mahon said that at that time the telephone com-
pany was interested in a cable aryl what the Boston Edison
wants to do has nothing to do with what they had in mind.
Mr. Consilvio said that was correct.
Mr. Gaffney and Mr Coppola both registered in op-
position.
The Chairman said the petition would be taken under
advisement and declared the hearing closed.
Mr. Gaffney asked if the Board would let him know
its decision and the Chairman replied in the affirmative .
Mr. Gaffney asked if ha had any right to appeal,
and the Chairman replied in the negative .
Mr. Gaffney asked how long it would take to put
the pole in after approval has been obtained.
Mr. Consilvio replied that the company has to ob-
tain a grant from the Town Clerk, through the Selectmen' s
Office, and the n obtain a street opening permit from the
Public Works Department . He stated that normally, after
the grant has been authorized, it would take about ten
days.
Messrs. Gaffney, Coppola, Mahon and Consilvio re-
tired at 7:50P.M.
81
Mr. Ferguson recommended thatthe Board suggest
that the Boston Edison Company ani Mr. Gaffney try to
work out a solution to the problem to their mutual satis-
faction and if that cannot be accomplished, the Board
can then act on the petition.
The Chairman said the Board could vote to grant
the petition subsequent to Mr. Carroll checking it or
the Board looking at the location..
Mr. Ferguson said he would be opposed to that as
he was of the opinion Mr. Gaffney had a valid objection
He said the companies have not stated that this is the
only way the problem can be solved.
Mr. Adams mentioned thatthese people are being
served from current coming from poles in front of other
peoples houses.
Upon motion duly made and seconded, it was voted to
approve the petition and sign the order, subject to any
member of the Board who signs it taking a look at the
proposed location, the signed order to be held by the
Clerk until that member makes a report.
Mr. Ferguson voted in opposition.
The Chairman suggested that the Board request the
Boston Edison Company to submit a list of locations
where there might possibly be objections to proposed
pole locations .
Mr. Ferguson said that if this petition is returned
and the company has to repetition a couple of times, it
will do that in the future before the hearings .
Mr. Adams agreed to view the proposed location.
Hearing was declared open upon application from
the Mary J. Walsh Convalescent and Nursing Home , Inc.
to increase the storage capacity of #2 light oil from
1,000 gallons to 5,000 gallons on the premises located Fuel oil
at 265 Lowell Street. hearing
Notice of the hearing was inserted in the July 28,
1960 issue of the Lexington Minute-man and a copy of
the notice was mailed to the petitioor and to the
owners of all property deemed to be affected as they
appear on the most recent loca 1 tax list.
Mr. Thomas Walsh, representing the petitioner,
was the only person present at the hearing.
Mr. Walsh explained that it is necessary to in-
stall a new heating system that calls far fifteen gal-
lons an hour, and the heating engineer specified the
size of the tank. He said it is intended to use the
present 1,000 gallon tank rather than to disrupt the
system and explained that a new boiler will be installed.
The Chairman declared the hearing closed at 7:55 P.M.
and Mr. Walsh retired.
82
The Chairman reported that the application had
been approved by B. J. Belcastro, Chief Engineer, of
the Fire Department.
Upon motion duly made and seconded, it was voted
to approve the application and grant a license to the
Mary J. Walsh Convalescent and Nursing Home , Inc . to
increase the underground storage capacity of light oil
#2 from 1,000 gallons to 5,000 gallons on premises lo-
cated at 265 Lowell Street, Lexington .
Mr. Carroll reported that he had opened bids for
a tractor to be used by the Park Department . The low
bid that met the specifications was submitted by Casey
& Dupuis Equipment Corporation in the amount cf 43885
He explained that there were other bids lower but they
did not meet the specifications and two of them did
not have a talk amplifier which gives about 40% in-
crease in the power.
Mr. Ferguson asked if the other machines had as
Tractor much power without the talk amplifier and Mr. Carroll s
bids replied in the negative . He explained that the other
bids had two or three items less than what the specifi-
cations called for. He stated that he usually discusses
the subject before the bids and then writes the specifi-
cations. He talked to the low bidder today and he was
satisfied. Mr. Carroll recommended thatthe bid of Casey
& Dupuis be accepted.
Upon motion duly made and seconded, it was voted
to accept the bid of 413885 submitted by Casey & Dupuis
Equipment Corporation for a tractor, the specifications
prepared by Mr. Carroll having been met.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meetings held
on July 25, 1960 and August 1, 1960.
Mr. Carroll explained that a sewer will be con-
structed from the Peacock Farm area to the Minute Man
Highlands area dnd reported that an easement has already
been taken on three or four properties on Watertown
Street. He explained the proposed location on a set of
Sewer plans and presented Taking Orders prepared by Mr. Stevens ,
3asement Town Counsel.
Upon motion duly made and seconded, it was voted
to sign an Order of Taking for a Sewer Easement as shown
on a plan entitled "Plan of Sewer Easement Off Pleasant
Street Lexington. - Mass", dated May 27, 1960, John J.
Carroll, Town Engineer, in the following form:
83
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of August, 1960, it is
ORDERED: Whereas at a Town Meeting duly called, warned and held
on March 7, 1960, namely at an adjourned session thereof duly held on
March 21, 1960, in accordance with the provisions of law applicable
thereto, it was unanimously
"VOY'IO: 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 about the intersection of Watertown Street and Peacock
Farm Road to the vicinity of Minute Man Highlands, subject to the as-
sessment 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 other-
wise acquire any fee , easement or other interest in land necessary
therefor; and to appropriate for such installation and land acquisition
the sum of $336,000.00, and to provide for payment thereof by the trans-
fer of $6,000.00 from the Sewer Assessment Fund and the balance of
$330,000.00 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 $330,000.00 and 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."
WHERBAS the Selectmen have determined that in order to install the
sewer main from about the intersection of Watertown Street and Peacock
Farm Road to the vicinity of Minute Man Highlands it is necessary that
the sewer main be located in the 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 and Chapter 79 of the General Laws,
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 same and on behalf of said Town of Lexington the perpetual rights
and easements to lay, construct, inspect, repair, remove , replace , operate
and forever maintain a sanitary sewer or sewers with any manholes, 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 under certain strips of land situated
in said Lexington and bounded and described as follows:
1. A strip of land beginning at a point in the southeasterly side
line of Pleasant Street, which point is located northeasterly
4 w
4-1
and distant 372.37 feet from the northerly side line
of theCambridge-Concord Highway; thence running Sout4 I 2
42° 24' 30" East through lot 3 and into lot 21, distant
210.00 feet to a point ; thence turning and running North
47° 35' 30" East through lots 21, 20, 19, 18, 17, 16, 15,
14, 13 and into lot 12, distant 830.84 feet to a point;
thence turning and running South 56° 15' 00" East, distant
120.58 feet to a point in said lot 12; thence turning and
running North 37° 47 ' IIA" East, distant 30.18 feet to a
point in the northeasterly boundary of said lot 12; thence
turning and running North 56° 27' 30" West along said
northeasterly boundary of lot 12 distant 30.57 feet to
a point ; thence running North 56° 15' 00" West along said
northeasterly boundary of lot 12, distant 103.44 feet to
a point; thence turning and running South 47° 35' 30"
West through lots 11-A, 11, 10, 9, 8, 7-A, 6 and 5 and
into lot 4, distant 836.82 feet to a point; thence turn-
ing and running North 42° 24' 30" West through said lot
4, distant 190.00 feet to a point in the southeasterly
side line of Pleasant Street; and thence turning and
running South 47° 35' 30" West along said southeasterly
side line of Pleasant Street, distant 20.00 feet to the
point of beginning; all as shown and marked "20' Sewer
Easement" and "30' Sewer Easement " on plan entitled
"Plan of Sewer Easement Off Pleasant Street Lexington-
Mass.", dated May 27, 1960, John J. Carroll, Town
Engineer, a copy of which is annexed hereto and made a
part hereof; and
2. A strip of land beginning at a point in the southeasterly side
line of Pleasant Street, which point is located northeasterly
end distant 32.27 feet from the northerly side line of the
Cambridge-Concord Highway; thence running South 42° 24' 30"
East in lot 39, distant 25.15 feet to a point; thence turn-
ing and running South 180 54' 49" West in said lot 39,
distant 8.88 feet to a point in the northerly side line
of the Cambridge-Concord Highway; thence turning and
running by a curve to the left with a radius of 3950.00
feet along said northerly side line of the Cambridge-
Concord
ambridge-
Concord Highway, distant 20.01 feet to a point; thence
turning and running North 80 54' 49" East in said lot
39, distant 18.03 feet to a point ; thence turning and
running North 42° 24' 30" West in said lot 39, distant
34.75 feet to a point in said southeasterly side line
of Pleasant Street; and thence turning and running South
47° 35' 30" West along said southeasterly side line of
Pleasant Street, distant 20.00 feet to the point of be-
ginning; all as shown and marked "20' Sewer Easement"
on said plan.
85
We do hereby also so take temporary construction easements
for use in constructing the sewer to be installed in the per-
manent easements hereinabove described in the following strips
of land situated in said Lexington:
1. A strip of land having a uniform width of ten (10) feet
and extending from Pleasant Street through lot 4 abut-
ting upon a northeasterly boundary of the permanent
easement first above described and then extending
through lots 4, 5, 6, 74, 8, 9, 10, 11 and 11-A abut-
ting upon a northwesterly boundary of said permanent
sewer easement; all as shown in and marked "10'
Construction Easement" on said plan;
2. A strip of land having a uniform width of ten (10)
feet and extending from Pleasant Street through
lot 3 and into lot 21 abutting upon a southwesterly
boundary of the permanent easement first above
described and then extending through lots 21, 19,
18, 17, 16, 15, 14, and 13 and into lot 12 abutting
upon a southeasterly boundary of said permanent ease-
ment ; all as shown and marked "10' construction
Easement" on said plan; and
3. Two strips of land each having a uniform width of
ten (10) feet and extending from Pleasant Street
through lot 39 to the Cambridge-Concord Highway
and abutting upon two boundaries of the second
permanent easement above described, all as shown
on said plan and marked "10' Construction Easements";
and reference to said plan is made and said plan in incorporated
herein for a complete and detailed description of said strips
of land.
The temporary construction easements herein taken in-
clude the right to enter upon the land taken, to deposit earth
and material thereon, and in general to mmke all use necessary
or desirable in connection with the aforesaid sewer construction.
The construction easements shall terminate thirty days after the
completion of the sewer construction, and, in any event, not
later than August 8, 1961.
Said rights and easements in the land included within the
above descriptions are taken without interference with or
prejudice to the rights of the respective owners of the land,
except so far as is reasonably necessary in the exercise of
the rights and easements hereby taken, and there are reserved
the respective owners and their heiis, successors and assigns
86 1.4
all their respective rights in and to the use of their lands
for all lawful purposes not inconsistent with the use thereof
for all of the purposes hereinabove mentioned.
On each occasion that the Town enters upon the land in
which the aforesaid rights and easements are taken and per-
forms 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 when 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 :
Lots as Shown Land Court
on Aforesaid Certificate
Owner Plan of Title Book Page
John R. Gillis and Julia
F. Gills, husband and wife 3 78710 523 160
George C .0 unningham,Jr., and
Martha W. Cunningham, husband
and wife 4 & 6 96976 615 2
Dorothy Keppel Fraser 5 59001 625 51
Town of Lexington (Certificate
of Title standing in name of
Edsel Tocci) 7-A 60346 403 241
Robert S. Schwab and Dorothy
M.Schwab, husband and wife 9 and 10 79390 527 40
Frank M. Carpenter and Ruth
F. Carpenter, husband and wife 11 69015 461 49
Frank M. Carpenter and Ruth
F.Carpenter, husband and wife 11-A and 12 63251 422 505
William Antonucci and Catherine
Antonucci, husband and wife 13 75532 504 597
Anthony DiPietro and Mary
DiPietro, husband and wife 14 78765 524 i5
Anthony Mazza and Gabrielle F.
Mazza, husband and wife 15 79271 526 1
Matthew W. Hanscom and Alida
W. Haiscom, husband and wife 8 97914 619 164
87'
Gerald Boghosian and Elizabeth
Boghosian, husband and wife 16 90724 583 174
Joseph R. Evens and Dora
B. Evans, husband and wife 17 99413 627 63
Michael Graziano and Mary
A. Graziano, husband and wife 18 100375 632 25
Robert S. Schwab and Dorothy
M. Schwab, husband and wife 19 73033 488 193
Pasquale R. Arigo and Margaret
C . Arigo, husband and wife 20 99333 626 183
Angelo DiPietro and Mary
DiPietro, husband and wife 21 78766 524 16
James A. Carrig 39 77382 503 385
And said Board, having considered the question of damages, hereby
determines that no damages have been sustained and none are awarded.
Betterments are to be assessed for this improvement.
The area which it is expected will receive benefit or advantage ,
other than the general advantage to the community, from such improve-
ment is shown on this schedule which is hereltp annexed and made a
part hereof, and it is hereby estimated that betterments will be as-
sessed upon each parcel of land as shown lon said schedule .
WITNESS our hands at Lexington as aforesaid, this 8th day of
August, 1960.
/s/ Ruth Morey
Lincoln P. Cole , Jr.
Alan G. Adams
Gardner C . Ferguson Gard
Majority of the Board of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss August 8, 1960
Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole ,
Jr. , Gardner C . Ferguson, 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
88 � 1
1.4n
Schedule of Estimated Betterments Cn
Referred to in the Foregoing Order
Lots as Shown Land Court Estimated I
on Aforesaid Certificate Betterment
Owner Plan of Title Book Page_
John R. Gillis and Julia
F. Gillis, husband and wife 3 78710 523 160 8609.58
George C .Cunningham,Jr. , and
Martha W. Cunningham, husband
and wife 4 96976 615 26 609.58
Dorothy Keppel Fraser 5 99001 625 51 609.58
George C .0 unningham,Jr. , and
Martha W. Cunningham,
husband and wife 6 96976 615 26 609.58
Town of Lexington(Certificate
of Title standing in name of
Edsel Tocci) 7-A 60346 403 241 609.58
Matthew W.Hanscom and Alida
W. Hanscom, husband and wife 8 97914. 619 164 609.58
Robert S. Schwab and Dorbbhy I M.Schwab, husband and wife 9 79390 527 40 609.58
Robert S. Schwab aril Dorothy
M.Schwab, husband and wife 10 79390 527 40 609.58
Frank M. Carpenter and Ruth
F. Carpenter, husband and wifell 69015 461 4.9 609.58
Frank M. Carpenter and Ruth
F. Carpenter ,husband and wife 11-A 63251 422 505 226.48
Frank M. Carpenter and Ruth
P. Carpenter, husband and wife B-1 61159 408 333 780.26
Frank M. Carpenter and Ruth
F. Carpenter, hgisband and wife 12 63251 422 505 380.99
William Antonucci and Catherine
Antonucci, husband and wife 13 75532 504 597 609.58
Anthony DiPietro and Mary
DiPietro, husband and wife 14 78765 524 15 609.58
Anthony Mazza and Gabrielle F. I Mazza, husband and wife 15 79271 526 121 609.58
Gerald Boghosian and Elizabeth
Boghosian, husband and wife 16 90724 583 174 609.58
89
Joseph R. Evans and Dora B.
I
Evans, husband and wife 17 99113 627 63 609.58
Michael Graziano and Mary
A. Graziano, husband and wife 18 100375 632 25 609.58
Robert S. Schwab and Dorothy
M. Schwab, husband and wife 19 73033 L.88 193 609.58
Pasquale R. Arigo and Margaret
C . Arigo, husband and wife 20 99333 626 183 716.25
Angelo DiPietro and Mary
DiPietro, husband and wife 21 78766 525 16 593.12
James A. Carrig 39 77382 503 385 252.97
Upon motion duly made and seconded, it was voted
to sign an Order of Taking for a Sewer Easement as shown
on a plan entitled "Plan of Sewer Easement Off Cambridge-
Concord Highway To Lawrence Lane And Webster Road Lex- Sewer
ington, Mass .", dated June 1, 1960, John J. Carroll, easement
Town Engineer, in the following form:
ICOMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of August, 1960, it is
ORDERED: Whereas at a Town Meeting duly called, warned and
held on March 7, 1960, namely at an adjourned session thereof duly
held on March 21, 1960, in accordance with the provisions of law
applicable thereto, it was unanimously
"VOTED: That the Selectfle n be and they hereby are authorized
to install a sewer main or mains in such locations as the Selectmen
may determine from about the intersection of Watertown Street and
Peacock Farm Road to the kicinity of Minute Man Highlands, subject
to the assessment of betterments or otherwise, in accordance wits
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 $336,000.00, and to provide for payment
thereof by the transfer of $6,000.00 from the Sewer Assessment Fund
and the balance of $330,000.00 to be provided by the issue of bonds
I
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
90
$330,000.00 and 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 exceed-
ing twenty years."
WHEREAS the Selectmen have determined that in order to install
the sewer main from about the intersection of Watertown Street
and Peacock Farm Road to the vicinity of Minute Man Highlands
it is necessary that the sewer main be located in the Iola
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 and Chapter
79 of the General Laws, 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 a sanitary sewer or sewers with any manholes, pipes,
culverts and other appurtenances, and to do all other acts in-
cidental thereto, including the right to pass along and over
the land for the aforesaid purposes, in, thtough and under a
certain strip of land in said Lexington extending from Lawrence
Lane to Webster Road and bounded and described as follows:
Beginning at a point in the northerly side line of
Lawrence Lane, which point is easterly and distant
10.16 feet from the point at which the common boundary
of lots 109 and 110 intersects said side line ; thence
running North 8° 54' 49" East through lot 109, lot 146
and an unnumbered lot, distant 431.68 feet to a point
in the southerly side line of the Cambridge-Concord
Highway; thence turning and running by a curve to the
right with a radius of 4050.00 feet along said southerly
side line of the Cambridge-Concord Highway, distant
1125.43 feet to a point; thence turning and running
North 36° 00' 09" East through Wellington Lane Avenue
and lot 75, distant 140.17 feet to a point in the
northeasterly side line of Webster Road; thence turn-
ing and running by a curve to the right with a radius
of 400.00 feet along said northeasterly side line of
Webster Road, distant 20.00 feet to a point; thence
turning and runningSouth 36° 00' 09" West through
lot 76, distant 12 .54 feet to a point in said lot
76; thence turning and running by a curve to the left
with a radius of 4070.00 feet through lot 76, Wellings
ton Lane Avenue , two unnumbered lots, Pleasant Street,
and an unnumbered lot, distant 1094.45 feet to a
point in said last mentioned unnumbered lot; thence
turning and running South 8° 54' 49" West through
91
last mentioned unnumbered lot, lot 146, and lot
110, distant 414.79 feet to a point in the northerly
side line of Lawrence Lane ; and thence turning and
running North 88° 46' 10" East along said northerly
side line of Lawrence Lane, distant 20.32 feet to
the point of beginning;
all as shown and marked "20' Sewer Easement" on plan entitled
"Plan of Sewer Easment Off Cambridge-Concord Highway To Lawrence
Lane and Webeter Road Lexington, Mass.", dated June 1, 1960,
John J. Carroll, Town Engineer, to be recorded herewith and a
copy of which is annexed hereto and made a part hereof.
We do hereby also so take temporary construction easements,
for use in constructing the sewer to be installed in the per-
manent easement hereinabove described, in the following strips
of land situated in said Lexington;
1. A strip of land having a uniform width of ten
(10) feet and extending from Lawrence Lane
through lots 109, 146, and an unnumbered lot
to the Cambridge-Concord Highway, said strip
abutting upon and extending the full length
of an easterly boundary of the above described
permanent easement, all as shown and marked
10' Construction Easement" on said plan;
2. A strip of land having a uniform width of ten
(10) feet and extending from Lawrence Lane
through lots 110, 146, and an unnumbered lot
to a portion of the above described permanent
easement, said strip of land abutting upon and
extending along the full length of a westerly
boundary of said permanent easement, all as
shown and marked "Construction Easement 101"
on said plan;
3. A strip of land having a uniform width of twenty
(20) feet and abutting upon and extending along
the full length of the southerly boundary of
that portion of the above described permanent
easement that bounds on the Cambridge-Concord
Highway, said strip of land running through
unnumbered lots, Pleasant Street, Wellington
Lane Avenue and lot 76, all as shown and
marked "20' Construction Easement" on said
plan;
4. A strip of land having a uniform width of ten
(10) feet and running from Webster Road through
lot 76 to the construction easement described in
92
CIthe immediately preceding sub-paragraph
numbered 3, said strip of land abutting upon
and extending along an easterly boundary of
the above described permanent easement, all
as shown and marked s10s Construction Ease-
ment" on said plan; and
5. A strip of land having a uniform width of ten
(10) feet and running from Webster hoed through
lot 75 and Wellington Lane Avenue to the Camb-
ridge-Concord Highway, said strip of land abut-
ting upon and extending along the full length
of a westerly boundary of the above described
permanent easement, all as shown and marked
10s Construction Easements` on said plan;
and reference to said plan is made and said plan is incorpo-
rated herein for a complete and detailed description of said
strips of land.
The temporary construction easements herein taken in-
clude the right to enter upon the land taken, to deposit
earth and material thereon, and in general to make all
use necessary br desirable in connection with the afore-
said sewer construction. The construction easements shall
terminate thirty days after the completion of the sewer
construction, and, in any event, not later than August 8,
1961.
Said rights and easements in the land included within
the above descriptions are taken without interference with or
prejudice to the rights of the respective owners of the land,
except so far as is reasonably necessary in the exercise of
the rights and easements hereby taken, and there are reserved
to the respective owners and their heirs, successors and
assigns all their respective rights in and tothe use of
their lands for all lawful purposes not inconsistent with
the use thereof for all of the purposes hereinabove mentioned.
On each occasion that the Town enters upon the land in
which the aforesaid rights and easements are taken and per-
forms any work thereon, it shall be the obligation of the
Town to remove all surplus material and to leave the pre-
mises in reasonably as good condition as when the entry was
made .
Any trees upon the land included within the above
described strips of land are included trrithin the taking.
The land in which the aforesaid rights and easements
are taken is believed to belong to the following named parties,
93
but if the name of th$. 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:
Lots as Shown Land Court
on Aforesaid Certificate
Owner Plan of Title Book Page
James A. Carrig 109,110,75 and
unnumb ered lot 77382 503 385
1775 House Inc . 146 83713 548 163
Thomas DiSilva, Trustee
of the DiSilva Family
Trust 76 96076 610 126
The 1775 House Inc. Unnumbered lot Unregistered Land
Angelina DiNunzio Unnumbered lot Unregistered Land
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarded.
Betterments are to be assessed for this improvement .
The area which it is expected will receive benefit or ad-
vantage , other than the general advantage to the community,
from such improvement is shown on the schedule which is hereto
annexed and made a part hereof, and it is hereby estimated that
betterments will be assessed upon each parcel of land as shown
on said schedule .
WITNESS our hands at Lexington as aforesaid, this 8th day of
August, 1960.
/s/ Lincoln P. Cole , Jr.
Alan G. Adams
Ruth Morey
Gardner C . Ferguson
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss August 8, 1960
Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole,
Jr. , Gardner C . Ferguson, known to me to be a majority of the duly
9 ' 1
IMO
elected, qualified and acting Selectmen of the Town of Lexing-
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
My commission expires November 21, 1964
SCHEDULE OF ESTIMATED BETTERMENTS
Referred to in the Foregoing Order
Lots as Shown Land Court Estimated
on Aforesaid Certificate Betterments
Owner Plan of Title Book Page
James A. Carrig 109 77382 503 385 022.93
James A. Carrig 110 77382 503 385 761.97
James A. Carrig 75 77382 503 385 701.02
James A. Carrig Unnumbered lot 77382 503 385 426.71
Thomas DiSilva, Trustee
of the DiSilva Family
Trust 76 96076 610 126 701.02
The 1775 House Inc . Unnumbered Unregistered Land 1,371.55
Lot
Angelina DiNunzio Unnumbered Unregistered Land 3,781.43
Lot
Mr. Carroll retired at 8:15 P.M.
Lieutenant Corr met with the Board relative to the appoint-
ment of a Woman Police Officer for school traffic duty to
Woman Police replace Mrs . Ruth A. 0ley, who resigned.
0 ficer He explained that there were three applications on
file . Mrs . Gow, Ingleside Road, could not be reached
by telephone and did not reply to a letter . Mrs. Gurley
was to discuss the subject with her husband and call,
but nothing was heard from her.
Lieutenant Corr introduced Mrs. Joseph T. Russo,
32 Whipple Road.
95
Mrs . Russo explained that she is presently employed
by the telephone company, a toll operator in Arlington
She would like to be appointed so that she can have more
time to spend with her children who are now being cared
for in her absence by her mother. She stated that she
does not have a choice of hours and although there will
be quite a difference in income , she would like to be at
home with her children.
The Chairman asked if Mrs . Russo was within walking
distance of the school, and she replied that she would
have to use her car because she was told that she would
be assigned to Countryside .
Mrs . Russo retired at 8:20 P.M.
Upon motion duly made and seconddd, it was voted
to appoint Mrs . Joseph T. Russo, 32 Whipple Road, a
Woman Police Officer for school traffic duty to replace
Mrs . Ruth A. Oley who resigned.
Mt. John Carroll returned to the meeting.
The Chairman read a letter from Mr. Carroll, sug-
gesting a preliminary discussion relative to the Sewage
Contract AF19 (604) - 716 between the Air Force and the
Town, a copy of which was attached.
It was agreed that the Board could not arrive at a
decision without knowing what the increase will bring
in. It might result in the construction of the trunk Sewage
sewer sooner than anticipated and at a high cost to the Contract
Town. The Board felt that it should know first, from
the M.D.C . if the sewer is built what it will cost the
Town.
Mr. Carroll was authorized to acknowledge the com-
munication from the Air Force , received by him, and
state that the Board is looking into the subject.
The Chairman read a letter from Mr. Alfred P.
Tropeano, representing Antonio and Concetta Venuti,
397 Lincoln Street, requesting an abatement of the
sewer betterment assessment.
The Chairman also read a letter from Mr. Tropeano, Abatement
representing Antonio and Concetta Venuti, in a claim
for damages resulting from the installation of a trunk
sewer through their property.
Mr. Carroll presented a plan and explained the lo-
cation of the trunk sewer and stated that an easement
had been taken thhough the Venuti property. The article
in the warrant did not provide authority to construct
it under betterments. Mr. Stevens suggested, at the
time the order of construction was adopted for the
96
y
CD
construction of a sewer in Lincoln Street, that better-
ments be assessed. Mr. Venuti who can connect into
the trunk sewer has a betterment against his property
on Lincoln Street.
Mr. Carroll said that he did not know anything
about the claim for damages, and he agreed to contact
Mr. Tropeano to find out more definiteiinformation as
to what Mr. Tropeano wants for his clients.
The Chairman read a letter from Mr. Carroll, and
a report from Lieutenant Corr, of the Police Depart-
ment, relative to violation of the Rules and Regulations
Dump Permit governing the use of the 'dump by James A. Freaney, Inc.
revoked 1 West Street, Hyde Park.
Upon motion duly made and seconded, it was voted
to revoke immediately Yearly Dump Permit #41, issued
to James A. Freaney, Inc .
At 8:45 P.M. , a group of residents from Burlington
Street met with the Board, relative to the proposed
sidewalk on Burlington Street .
Mr. Dow H. Darden, Jr., 61 Burlington Street, said
it was the understanding at the time of the first hear-
ing in connection with the street and the sidewalk
taking that this was subject to approval by Town Meet-
ing He understood this approval has been given, but
at the hearing it was not clearly understood that the
property had been taken and he had yet to be notified
when the property was taken and how much was taken. He
said he has been told that he will lose 1250 square feet .
2rlington The Chairman explained that the taking was duly
Street recorded following the action of the Town Meeting,
Sidewalss and that notification does not have to be made . She
stated that lack of notification does not invalidate
a taking and explained that there was a public hearing
prior to the Town Meeting, which voted the establish-
ment of the road, and that is all that is required.
Mr. Ferguson said before the hearing he asked if
land was to be taken from the property owners and he
was under the impression that the answer given was thDt
no land would be taken.
Mr. Carroll said that he never made such a state-
ment because Burlington Street had to be altered and
relocated.
Mr. Ferguson asked if land was being taken and
Mr. Carroll replied that it has already been taken
by vote of Town Meeting. He said it is not intended
to take any land for the construction of thesidewalk,
but the street was laid out so the sidewalk would be
at such a location that when the street is built, the
road will be the proper width and at the proper lo-
97
cation. He explained that there never was any layout
of Burlington Street and one had to be made . He said
that he had previously explained to the Board that in
order to install the sidewalk, the street would have
to be laid out. He said the streets are constructed
in such a way that the taking is a minimum of fofty
feet and he very carefully went into that last fall.
Mr. Darden asked why he must lose ten feet at
his front door and Mr. Carroll explained that the street
had never been laid out, and was about two rods wide .
At some places it was less than thirty-three feet and
in some places it was more.
Mr. Marshall A. Porter, 45 Burlington Street ,
asked the reason for widening the street itself.
Mr. Carroll explained that when the pavement is
built in Burlington Street there will be twenty-four
feet and room to construct a sidewalk . He stated that
any street built in Town is laid out to a minimum
width of forty feet so as to provide a shoulder area.
Mr. Darden asked if this was an absolute regu-
lation and Mr. Carroll replied that it has been es-
tablished as the minimum width a street can be satis-
factorily built. He said the Planning Board is now
insisting on fifty feet, and he would like to have
Burlington Street laid out as fifty feet.
The Chairman explained that there has been a
great deal of time devoted so thatthe least possible
harm would be done to the properties on the street .
She mentioned the pins in the street and explained
that they represent the center line of the forty-foot
taking and said that all town construction will be
within the distance of those pins along the street.
Mr. Darden said that he recognizes there is what
might be called a public necessity but it seemed in-
credible that private property could be taken without
notification to the property owners .
The Chairman said that she had checked with Town
Counsel, now on vacation, and maybe the Board could
have sent a letter, but it is something that has not
been done and, seeing the reaction tonight, it may be
something that will be done . However, not having sent
out letters does not invalidate the taking.
Mr. Adams explained that a legal hearing was held
in February and every abutter was notified, and that
was so they would all know what was going to happen.
He said that at that meeting he tried to explain exactly
what was being done and be thought every effort was made
to explain what was being done . He said the time of
customary explanation was at the beginning which was
what that was. He said he was sure there was every
opportunity given.
lord
Mr. Darden said he understood the purpose of the
hearing but he did not understand it was taking property .
Mr. Adams said the plans showed what was being
taken and he thought he discussed with Mr. Darden at
the time what land was being taken. He said he was
sure he asked at that time if there were any objections.
Mr. Robert Ives, 9 Burlington Street, said he was
at the hearing in February and he remembered protest-
ing about moving a line which would put his property
line through a large Maple tree . He said he registered
a protest and does not see that he has any recourse .
Now he has received a letter from Mr. Carroll stating
that the tree will remain standing. He said he should
not have to engage a lawyer.
Mr. Carroll said that on the basis of a public
hearing, the Board decides whether or not to insert
an article in the warrant. If there were enough valid
objections at the Town Meeting, the members would have
voted against laying out Burlington Street. He said
the Town Meeting members are the recourse . He said
as far as he knows, no notices have ever been sent mit
i n laying out streets other than those about the hear-
ings . He said perhaps the Town has been remiss, but
this is the first case that has been brought to the
Board' s attention. He said it is not something that
has been done in this particular instance and not
in others.
Mr. Darden said that was fine . It would seem
foolish for him to object to the construction of a
sidewalk for personal reasons. He said if he could
be assured that there would be some effort made to
make individual adjustments, he would appreciate it .
He stated that he would not attempt to upset the Town
Meeting, but it seemed incredible that this cannot be
worked out on an individual basis.
Mr. Carroll said that by trying to work out the
location of a sidewalk on an individual basis would
result in having it in the middle of the street . He
said the Town has to have a sidewalk that will look
like something and he remembered telling Mr. Darden
that he would take his case under consideration and
during construction, go out personally to determine
whether or not it could be moved.
Mr. Darden asked when construction would start,
and Mr. Carroll replied that he has set a tentative
date of August 15, but it will probably be after that .
The Chairman said it would be after the first of
September.
Mr. Cole said that Burlington Street is being made
forty feet wide which is the entire taking, and asked
if it included the sidewalk.
99
111 Mr. Carroll replied in the affirmative .
Mr . William Gedritis, 47 Burlington Street , said
that no one objects to the sidewalk but they have all
lived there for a considerable length of time and see
no need for increasing the width of the road. He said
people know the road is winding and they are going
slow. He said that there have been no accidents there ,
but will be if the street is widened,.
Mr. Carroll explained that after a street has been
built, the people then realize that it is good to have
it wider.
The Chairman stated that the width of forty feet
has been established and at the moment, the Board is
concerned about the sidewalk. She said that the layout
is to take care of both sides of the street as reasonably
as possible and she thought the people would have as an
attractive street as they now have.
Mr. Darden asked what width of pavement Mr. Carroll
expected to establish, and Mr. Carroll replied that he
knows he can get twenty-four feet and he would like
twenty-six feet because Burlington Strmt is one street
where there is difficulty with cars passing.
Mr. Darden said his property has been taken for
an indefinite purpose . He is told the street is to
be twenty-four or twenty-six feet .
Mr. Carroll explained that the Town will hold to
the edge of the sidewalk on his side of the street and
it appears now as if it will be possible to have a
twenty-six foot pavement without doing damage . He said
streets are not built less than twenty-font feet.
Mr. Darden asked why the taking could not be on the
other side of the street, and Mr. Carroll replied that
the Town would then become involved in the problem of
building walls .
Mr. Darden said he was not concerned with the other
side of the street.
The Chairman said that Mr. Carroll has assured Mr.
Darden that he would be on the job to make certain that
everything is done that can be done .
Mr. L. E. Woods, 21 Burlington Street, asked if
there would be an opportunity to look at the plans .
Mr. Carroll replied in the affirmative and stated
that he has shown them many times. He stated that the
street plans are in the office of the Consultant Engineer
but he has the sidewalk plans.
One woman asked if the town replaced trees, and
Mr. Carroll replied in the affirmative . He said a fairly
good sized tree is planted by the Town.
The Chairman said that people should not expect
to get a twenty-foot spreading elm.
100
Mr. Perter, 45 Burlington Street , said that there
are five steps going down where the slope easement is
going to go. He has dug it down flat and put in a stone-
wall which he intended to continue along the entire
property. He said now he is told the slope will be put
back and he thought if there was a stonewall built, it
would be replaced
Mr. Car-oll asked when the stonewall was built, and
Mr. Porter replied about four years ago . He said he
was told that the five steps would be replaced.
The Chairman said she thought one of the engineers
could go up and answer these questions on the field.
Mr. Carroll said he would be glad to talk to anyone .
Mrs . Porter said she thought the sidewalk would
maks the street prettier.
Mr. Carroll explained that a curbing will be put
in and buried so that when the street is built, the side-
walk will not have to be ruined. He said hearings are
held when trees are to be removed and notices of the
hearings posted on the trees .
One gentleman said he thought everyone understood
there would be a three-foot grass plot, and Mr. Carroll
explained that there would not be a three-foot grass
strip.
Mr. Cox, 17 Burlington Street, asked if the Town
could take his flagstone steps away, and Mr. Carroll
replied, legally, the Town can.
Mr. Carroll explained that every time a street is
laid out a taking is made in the same manner as this
one was and land is taken from the people . He said
the Town accepts twenty-five or thirty streets every
Town Meeting.
Mr. Darden asked if this could not be worked out
without legal suits.
Mr. Carroll said he would meet Mr. Darden at his
house at any time .
Mr. Darden said if he hadnot been told so many
conflicting thingsand had heard from the Board before
the letter stating that work was to start August 15,
he would not have been so upset.
One gentleman asked on what basis the decision
is made to widen a street.
Mr. Carroll replied that in this instance the
School Committee wrote to the Selectmen asking for
sidewalks on certain streets, and Burlington Street
was high on the priority list. The Board was in favor
of building a sidewalk on Burlington Street, and last
fall, he pointed out that if the sidewalk had to be
built, the street would have to be laid out.
1 �,
101
Mt'. Adams stated that he was a member of the
Planning Board in 1948 and at that time , it was felt
that Burlington Street should be laid out, and because
the Board was convinced that it was a main street and
should be laid out, the County Commissioners were asked
to lay it out as a Chapter 90 road. At that time, there
were many vacant lots and a group of residents in the
area, who have since moved, objected.
I1r. Carroll explained that if the sidewalk is built,
it will not be used only by school children
Mr. Ives asked if all the sidewalks being put in
were five feet wide and Mr. Carroll replied in the af-
firmative .
f-
firmative .
Mr. Carroll said he would make sure that there
are stakes placed this week or next week at the latest
which will show the new property line.
The group retired at 9:55 P.M.
The Chairman read a letter from Mr. W. F. Davis,
18 Boulder Road, relative to the installation of a sewer
main to service his house . Mr. Davis seemed to be of
the opinion that the work would be done this year. Sewer
It was agreed to acknowledge the letter and send
Mr. Davis a copy of the Board's letter to him of July
• 12, 1960 .
Upon motion duly made and seconded, it was voted
to sign contracts with Whitman & Howard for Engineer- Contracts
ing Services.
Letter was received from the Historic Districts
Commission relative to certificates of appropriateness
for continued display of signs within the district. signs
It was agreed to ask the commission to what signs
they refer
Mr. Carroll retired at 10:15 P.M.
The Chairman read a letter from the Planning
Board listing three articles to be inserted in the Articles
warrant for the Special Town Meeting to be held in for Warrant
September.
Petition was received from residents in the Fern
Street - Moreland Avenue area requesting the extension Buckman
of Buckman D*tve as an access and exit from the resi- Drive
dential area served by Fern Street.
It was agreed to acknowledge the petition and
advise that the subject has been referred to the Engine-
ering Department and Planning Board for study and an
estimate of cost.
102
Letter was received from Mr. Walter C . Ballard,
8 Raymond Street, relative to non-enforcement of the
Lexington Zoning By-Law as it applies to the premises
Zoning at 6 Raymond Street
violation Mr. Irwin expected to have a report for this
evening but it did not arrive so the subject was held
over .
The Chairman read a letter from Barbovs, Inc . ,
advising of interest in the acquisition of land located
in the Meagherville section of Lexington.
It was agreed to advise Mr. Barbo that the Board
Meagherville is interested, but does not feel it to be in the best
interest of the Town to consider disposing of any
Meagherville holdings until a proper layout of the
entire area has been made .
The Chairman read a letter from Mr. Norman T. May,
representing Mr. and Mrs. Robert Chapman, offering
$4,000.00 for lots 234 to 242 inclusive on Freemont
Street free and clear of betterment liens.
Tax title It was agreed to advise Mr. May that an offer has
been made which would result in more money for the Town
and which the Board has decided not to accept.
Upon motion duly made and seconded, it was voted
to sign Orders for the installation of sidewalks on
Sidewalk Bedford Street, Lincoln Street, Massachusetts Avenue
Orders and Bloomfield Street
Copies of these sidewalk orders may be found in
the Selectments Files for 1960, under "Sidewalks".
Upon motion duly made and seconded, it was voted
to sign application for a Certificate of Incorporation
Cert . of Inc . on behalf of Gladys A. Burrell, 5 Wilson Road, satis-
factory character reference having been received from
' the Chief of Police .
The meeting adjourned at 10:55 P.M.
A true record, Attest:
etive" Cler , Select en
r\
111