HomeMy WebLinkAbout1960-07-11-min 54
SET,EC TMEN 'S MEETING
July 11, 1960
A regular meeting of the Board of Selectmen was
held in the Selectmen ' s Room, Town Office Building,
on Monday, July 11, 1960, at 7:30 P.M. Chairman Morey,
Messrs. Adams, Ferguson, Richards and Cole 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 of the Selectmen's Meetings
held on June 20, 27 and July 5.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate four
poles on Summer Street .
Mr. Jones, representing the Boston Edison Com-
pany, and .Mr. Consilvio, representing the New England
Telephone and Telegraph Company, were the only persons
present at the hearing .
Mr. Jones advised that it is necessary to obtain
approval from the Town before applying to the State ,
Summer Street being a State highway.
Mr. Consilvio said the telephone com pany hopes
the permit will be granted by the Town and subsequently
go to the State for approval.
Mr. Adams asked if the poles would carry lights,
and Mr. Jones replied that they would not unless the
Town made such a request.
The hearing was declared closed and Messrs. Jones
and Consilvio retired.
Upon motion duly made and seconded, it was voted
to approve the petition and sign an order for the fol-
lowing j/o pole locations :
Summer Street, southwesterly side, north-
easterly from a point approximately
75' northwest of Haskell Street, --
Four poles.
Mr. John Carroll left the meeting.
Mr. James J. Carroll, Town Treasurer, met with
the Board, and said he was concerned about borrowings,
as there are obligations that have to be met . He re-
ported that, upto November 1st of this year, he will
need $ 2,092,76 .66, and at present, he has $612,000.
act
After deducting this week' s payrolls and bi]ls, he
will have $500,000. During the interval the payrolls
will amount to $443,764. He stated that in addition
there will be teachers ' payrolls for September and
October, with an increase of 20%, amounting to $360,000.
He has loans due next month in the amount of $377,000;
$50,000 due September 1st; $50,000 due October 1st, and
760,000 due November 1st. He said that there is no
money coming in and in conversation with the Assessors ' Borrowing
Department today, was informed that they did not know
when the real estate bills will be going out. He re-
ported that last year, there were bills sent out the
tenth of this month and by October let $572,566.88 was
collected and by November 1st $2,542,814.20. He said
the situation is serious, and the work in the Assessors '
Department is behind partly because of vacations . He
stated that last year, there were over 700 pages of
the book on taxes. Since the new girl started this
year, only eight pages have been done He said the
Assessors told him they were doing the best they can,
He stated that $100,000 in excise tax bills were sent
out and $49,000 has been collected.
Mr. Carroll presented a letter to the Chairman
advising that in order to meet the finances of the
Town, it will be necessary for him at this time to
borrow $1,000,000 in anticipation of taxes.
The Chairman asked if a portion of the borrow-
ing would be payment of the $750,000 borrowing and
Mr. Carroll replied in the affirmative .
Mr. Carroll retired at 7:50 P.M.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to obtain bids on a loan of
$1,000,000 in anticipation of revenue .
Mr. Stevens and Mr. John Carroll met with the
Board.
Mr. Adams suggested that a representative from
the Board obtain accurate information from the Board
of Assessors, the Tax Collector, and the Town Clerk
on 1.) comparative record of payments; 2. ) How far
the Assessors have gone this year and 3.) when the Tax bills
bills were sent out last year and how many days after
they were sent out the money began to come in.
Mr. Ferguson suggested that the same information
be obtained fbp the past two or three years.
Upon motion duly made and seconded, it was voted
to sign contract #3 Trunk Sewer (Minute Man Highlands) ,
presented by Mr. Stevens, between the Town of Lexington
and A. D'Allessandro & Sons at their base bid of $262,222.90.
G7
A telegram was received June 30, 1960 from Pitt
Construction Corp. entering a protest to the awarding
of a contract for sewer laterals to a person other
than the low bidder .
A telegram was also received July 6, 1960 from
John LaCamera Construction Co. Inc. , entering a pro-
test to the awarding of a contract for sewer laterals
to a company other than the low bidder.
Mr. Stevens reported that two or three attorneys
called him and as far as he knows, they were satis-
fied that the low bidder was not qualified.
Mr. Stevens referred to the property the Town
Extension is acquiring from Adrian E. E. MacKeen, Jr. , and Anita
of time B. MacKeenand reported that they would like to ex-
tend the time for delivery of the deed.
Upon motion duly made and seconded, it was voted
to sign an agreement extending the time for delivery
of the deed and payment of the consideration to August
15, 1960.
Mr. Stevens explained that he had prepared an
Order of Taking by eminent domain a permanent sewer
easement and a temporary construction easement for
the first step in the construction of the so-called
Minute Man Highlands sewer.
Mr. Carroll explained the location of the ease-
Easements ment on a plan and reported that the individuals in-
volved have allbbssacontacted and informed of the
proposed locations .
Upon motion duly made and seconded, it was voted
to sign an Order to take a temporary construction ease-
ment and a permanent sewer easement in the following
form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town
of Lexington held ion the 11th day of July, 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 unani-
mously
57
"VOTED: That the Selectmen be and they hereby are
authorized to install a sewer main or mains in such
locations as the Selectmen may determine frau about
the intersection of Watertown Street and Peacock
Farm Road to the vicinity of Minute Man Highlands, s
subject to the assessment of betterments or other-
wise, in accordance with Chapter 504 of the Acts of
1897, and all acts in amendment thereof and in ad-
dition thereto, or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, ease-
ment 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
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 $30,000.00 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 ."
' 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 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 pro-
visions 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 incidental thereto, including the right to
pass along and over the land for the aforesaid purposes,
in, through and under a certain strip of land situated
on Watertown Street in said Lexington and bounded and
described as follows:
L
58
Beginning at a point in the northeasterly side
, line of Watertown Street at Peacock Farm Road;
thence running by a curve to the left with a
radius of 20.00 feet along the northerly side
line of Peacock Farm Road, distant 20.91. feet
to a point; thence turning and running North
590 23' 16" West through lots 1 and "A" and
into lot 12B, all as indicated on plan herein-
after mentioned, distant 335.46 feet to a point;
thence running by a curve to the right with a
radius of 794.27 feet through the remainder of
said lot 12B and into lot 12A, as indicated on
said plan 79.00 feet to aoint ; thence turning
and running South 360 18 ' 41" West, distant
10.00 feet to a point in the northeasterly side line
•f Watertown Street; thence turning and running
by said northeasterly side line of Watertown
Street by a curve to the left with a radius of
804.27 feet, distant 801.00 feet to a point; and
thence running South 59'' 23' 16" East by said
northeasterly side line of Watertown Street,
distant 318.14 feet to the point of beginning;
all as shown and marked "10' Sewer Easement" on plan
entitled "Plan of Sewer Easement Watertown Street Lexington,
Mass .", dated April 7, 1960, John J. Carroll, Town Engineer,
to be recorded herewith.
And we do hereby also so take temporary construction
easements, for use in constructing the sewer to be instal-
led in the permanent easement hereinabove described in a
strip of land having a substantially uniform width of
thirty feet extending from Peacock Farm Road to the westerly
boundary of the aforesaid lot 12B and abutting the north-
easterly line of said permanent easement; all as shown and
marked 30' Construction Easement" on the aforesaid plan;
and reference to said plan is made and said plan is in-
corporated herein for a complete and detailed description
of said strip 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 or 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 July 11,
1961.
Said rights and easements in the land included within
the above descriptions are taken without interference with
59
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 re-
spective rights in and to the use of their lands for
all lawful purposes not inconsistent with the use there-
of 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 when the entry was made .
Any trees upon the land included witin the above de-
scribed 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
Owner on aforesaid plan
Eliot Leonard and Sonya Leonard, 1
husband and wife
Mark S. Kramer and Pauline Kramer,
husband and wife "A"
Walter C . Radford and Florence J.
Radford, husband and wife 12B
Gustave E.Larson 12A
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 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
60
upon each parcel of land as shown on said schedule .
WITNESS our hands at Lexington as aforesaid, this
11th day of July, 1960 .
/8/ Ruth Morey
Lincoln P. Cele , Jr.
Alan G. Adams
Norman J. Richards
Gardner C . Ferguson
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. July 11, 1960
Then personally appeared Ruth Morey, Alan G. Adams,
Lincoln P. Cole, Jr. , Gardner C . Ferguson and Norman J.
Richards, known to me to be 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 anddeed and the free act and deed of the Town of Lex-
ington, nefore me ,
/s/ Harold E. Stevens
Notary Public
My commission expires: September 16, 1961
SCHEDULE OF ESTIMATED B TTIILMESTS
REFERRED TO IN TEE FOREGOING ORDER
Lot as shown
on plan referred Estimated
Owner to in said order Betterments
Eliot Leonard and Sonya
Leonard, husband and wife 1 $ 720.22
Mark S. Kramer and Pauline
Kramer, husband and wife "A" 807.69
Walter C . Radford and Tlorence J.
Radford, husband and wife 121 570.57
Gustave E. Larson 12A 560.81 '
61
Mr. Richards left the meeting at 8:30 P.M.
Upon motion duly made and seconded, it was voted
to set Tuesday, September 20, as a tentative date for Town Meeting
a Special Town Meeting.
Mr. Carroll referred to bids opened on reno-
vation and alteration of the Civil Defense Room in
Cary Memorial Building . He reported that he had in-
vited bids from six or seven local builders and only
two were received. He said that Soule Bros. were
the low bidders and a question was raised because
he is a member of the Civil Defense organization.
He explained that, in discussing the subject with Bids
Mr. Stevens, he realized tht he had not followed rejected
the public bidding law, about which he was unaware .
He said he thought the bids would have to be re-
jected and new bids invited.
Upon motion duly made and seconded, it was voted
to reject all bids received for the renovation and
alteration of the Civil Defense Room.
The Chairman mentioned meeting with the Arlington
Selectmen to discuss the Great Meadows . It was agreed
to call a Special Meeting of the Hoard at 7:30 P.M. on
Monday, July 18, and attend a meeting with Arlington
at 8:00 P.M.
Mr. Stevens retired at 9:10 P.M.
Mr. Carroll reported on the bids opened July 5
for Sewers, Contract No 4, and read a letter from
Whitman & Howard advising that the apparent low bidder,
P. DiMascio Construction Co. , had made an error. The Sewer
correct amount should have been $67,209.11 instead of Contract
$63,962.50. Susi & DeSantis was the low bidder, and
Whitman & Howard recommended that the contract be
awarded to them.
Upon motion duly made and seconded, it was voted
to award Contract No. 4, Sewers, to Susi & DeSantis
Co. , the low bidder, at their price of $66,290.00.
Mr. Carroll reported that bids were opened today
for resurfacing streets and the low bidder was Warren
Brothers, $10,869.00 He stated that the binds had been
checked and found to be correct. He recommended that
the contract be awarded to the low bidder. Resurfacing
Upon motion duly made and seconded, it was voted streets bid
to award the contract for resurfacing streets to Warren
621-3
Brothers Roads Company, the low bidder, at its price
of $10,869.00.
Mr. Carroll informed the Board that he would like
to resurface Massachusetts Avenue from the Arlington
line to the Center in 1962. He explained the reason
Resurfacing for bringing the subject up at this time is that he
Mass . Avenue would like to write the public utilities so that they
will have an opportunity to make their plans .
Mr Carroll was authorized to advise the utility
companies what is contemplated.
Mr. Carroll reported that he had explored the
possibility of running a sewer down Henderson Road
Boulder Road to service Mr. W. F. Davis' house . He explained that
the distance is approximately 120 feet longer and the
installation will be more expensive . He stated that
he may have funds this year because the contracts have
been lower than anticipated, but said that there are
other locations where sanitary sewers are needed.
It was agreed to advise Mr. Davis that the Board
will keep the Boulder Road sewer on the list and if
feasible, have it constructed this year, but no promise
of fast action or commitment can be made .
Mr. Carroll advised the Board that due to the lack
of rain, the ban on watering from midnight until 10:00 A.M.
Water ban should be put into effect again.
Upon motion duly made and seconded, it was voted
to limit the every other day watering from midnight
until 10:00 A.M.
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the fol-
Pole lowing j/e pole locations, Mr. Carroll having approved:
locations
Grove Street, southwesterly side, southeasterly
from a point approximately 60 feet south-
east of Winter Street, --
Three poles.
Letter was received from the Mystic Valley Gas
Company requesting permission to install a gas main
Gas Main in Maguire Road to serve the new Itek building. The
proposed location was approved by Mr. Carroll.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company
to install a 2-inch welded steel high-pressure gas
main in Maguire Road, providing it conforms with Mr.
Carroll's specifications .
63
' Mr. Richards returned to the meeting at 9:40 P.M.,
and Mr. John Carroll retired.
Letter was received from Mr. Paul M. Mitchell,
25 Asbury Street, applying for an abatement of the
street betterment assessment in the amount of $900
levied against his property. Assessment
Upon motion duly made and seconded, it was voted
to reduce the assessment by the amount of $300 .
Letter was received from Dr. Keith E. Winnard,
16 Loring Road, with suggestions relative to fencing
swimming pools. Swimming
Report was received from Mr. Irwin, Building Pools
Inspector, relative to permits issued for swimming
pools.
It was agreed to establish a committee of three
to study the subject, consisting of Mr . Richards, Mr.
Irwin and Dr. Winnard.
Application was received from Pat J. Monsignors,
d.b.a. Arlex Taxi Co., for three additional taxicab
permits.
Upon motion duly made and seconded, it was voted Permits
to grant three additional taxicab licenses to the
Arlex Taxi Company.
Request was received frac Mr. David Shoemaker,
50 Peacock Farm Road, on behalf of the Lexington Com-
mittee of the Emergency Public Integration Committee, Permit
to distribute leaflets and to carry signs in the
vicinity of Woolworth' s store on Friday nights during
July from 6:00 P.M. until 9:00 P.M.
Upon motion duly made and seconded, it was voted
to grant the request .
Letter was received from Chief Rycroft advising
that the old oars parked on town-owned land located on
Syl$ia Street have been removed. He also reported
that the individual involved in dumping on Walnut
Street had been contacted and the material removed.
It was agreed to discuss further Building and
Zoning By-Law enforcement at the next regular meeting Enforcement
if the Board and to ask Mr. Irwin for another report
of his calls on the subject.
The meeting adjourned at 10:10 P.M.
' A true record, Attest: /
vEtec tive Clerk, Selectmen