HomeMy WebLinkAbout1960-06-13-min 6
C7
1.1
SELECTMEN'S MATING
lir
June 13, 1960
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
M nday, June 13 , 1960, at 7 30 P.M. Chairman Morey,
Mess-s Adams, Ferguson and Cole were present . Mr
Stevens, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and the Execitive Clerk were also present
At 7:30 P.M. , hearing was declared open upon peti-
tion of the Boston Edison Company and the New England
Telephone & Telegraph Company for permission to locate
one pole on Donald Street
Mr . Mahon, representing the Boston Edison Company,
and Mr. James Warren, 9 Donald Street, were present at
the hearing
Mr. Mahon explained that Mr. Blodgett has asked
Pole the company to remove the wires across his property
location and to do this and still service Mr Warren' s house ,
it is necessary to set a pole on the lot line between
the two houses He referred to a fence but Mr. Warren
stated that there is no fence ana said the distance
between the edge of his driveway and the lot line is
seven feet .
Mr. Mahon explained the proposed location to Mr .
Warren who had no objection to the pole as indicated
on a blueprint
Mr. Warren retired and the hearing was declared
closed at 7 40 P.M.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order fo± the follow-
ing j/o pole location:
Donald Street, southeasterly side , north-
easterly from a point approximately
165 feet northeast of Ivan Street
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate two
poles, guy wire and annhor on the first pole on
Robinson Road.
ale Mr. Mahon, representing the Boston Edison Com-
1ocption pany, and Mr Wilfred L. Morris, 47 Robinson Road,
were present at the hearing
Mr. Mahon explained that the pole location
came up because of the wires going into the new
shhool He explained the location by use of a
7
blueprint and left the meeting with Mr. Morris to dis-
cuss the subject further
Mr. Mahon returned to the meeting and agreed to
have the proposed location of a pole , guy wire and
anchor on Robinson Road studied further
Mr. Mahon stated that the company received a re-
quest for an increase in lighting on Muzzey Street
Sone years ago, the pole now on Muzzey Street at Massa-
chusetts Avenue carried a police spotlight and meter
and switch box for manual operation. He said that pole
is a Town pole , installed, owned and maintained by the
Town. The present order calls for astreet light on a Street light
pole at that location. He explained that it has been pole
the company' s practice to take that pole over from the
Town and replace it, giving the Town the right to main-
tain its present equipment on what would become the
Boston Edisonfs pole He suggested that the pole be
taken down by the company in due time and delivered to
whatever location Mr Carroll designates The company
would then petition for a pole in that exact location
and see that the Town equipment is transferred to the
company' s pole .
The Board had no objection
Mr. Mahon referred to the street lighting for the
William Diamond Junior High School, and Mr. Stevens ex- Street
plained that he understood the company was to prepare Lights
necessary transfer papers for his approval
Mr. Mahon retired at 7:50 P.M.
Mr Charles F Clerkin, 9 Warren Street, met with
the Board.
Mr. Carroll presented a plan of Warren Street and
stated that the question is what Mr Clerkin should pay
to enter the sewer He explained that the existing
sewer ends at the intersection of Eliot Road and Warren
Street, and Warren Street is solid ledge When Mr
Clerkin asked to connect to the sewer last year, he was Clerkin' s
told that he could connect if he would pay a charge in sewer
lieu of betterments and the cost of installing the sewer
service Mr Carroll reported that the cost for the
sewer service amounts to $1200 and the betterment figures
$848.56 He said that the sewer service he proposes to
install there could not be extended to be available to
any other house beyond Mr. Clerkin' s and that is the
reason he asked him to pay a charge . He explained that he
did not want to spend the money to go seven, eight or nine
feet through ledge and put in a sewer main. He proposes
8
tp put in the service along the edge of the road which
would be as deep as it is possible to make itt He ex-
plained that there is one other house , #8, that could
possibly connect into the sewer If 8 Warren Street
is sewered by Eliot Road and Mr. Clerkin does not pay
a betterment, and at the time that is put in, his sewer
service could be connected and the Town could not ask
him to pay another betterment . He said he thought Mr.
Clerkin felt it was unfair
The Chairman said that if this was a street with-
out ledge, and the Town ran a lateral, he would have to
pay, so he will actually be charged what any other
citizen would be charged
Mr. Ferguson asked if Mr. Carroll was asking Mr .
Clerkin to pay the total installation cost from Eliot
Road up Warren Street into his house, and, in addition,
a betterment, with no charge to the Town.
Mr Carroll replied he would pay the total sewer
service charge plus the betterment . He explained that
if Mr. Clerkin does not pay a betterment, and the sewer
does go up Warren Street and passes his house, no bet-
terment could be collected at that time and the Town
will receive no return from whoever owns the house at
that time
Mr . Clerkin said it all comes down to whether or
not there will be a sewer from Eliot Road, He stated
teat the distance from Kamen' s house to the corner of
Washington Street is about the same as it is to Eliot
Road and they would be more likely to connect into
Eliot Road. He said he could not see a sewer going
in front of his house .
Mr. Clerkin said he has a cesspool but there is
not sufficient top soil to take the water .
Mr Carroll explained that he , Mr Clerkin and
the Board of Health would appreciate a decision inas-
much as the cesspool is running across the street
Mr. Clerkin said that any bet=erment charge
would be unreasonable under the circumstances .
Mr. Ferguson explained that as soon as Mr. Clerkin
connects to the sewer, his house is bettered and there-
fore the Town could collect a betterment. He said every
other citizen pays from the street in as an extra cost .
Mr. Clerkin said it would not be a real sewer but
merely a ditch.
Mr Carroll explained that it will not be a sewer
main but will be a sewer service .
Mr. Clerkin retired at 8 :10 P.M.
It was unanimously agreed that Mr Clerkints con-
nection should be handled the same as any other citizen
and he should be charged as if a lateral was installed
in front of his house , plus a connection charme .
' 9
Mr. Stevens brought up the matter of contract
No. 5 dated August 1, 1957 between the Town and
Tomaso Gioioso and Feliciano Federico d/b/a G. & F
Construction Co. for laying water mains aria drains.
He said the work was completed on April 30, 1958 but
that payment for all the work had not been made because
of claim notices filed with the Town Clerk by subcon-
tractors and material men who had furnished labor or
material for the work and had not been paid by the
contractor and that arrangements had now been made for
settlement of all claims He stated that in the con-
tractor ' s applicat, on to Continental Casualty Company
for the surety company bond that was issued covering
the work, there was an assignment to the surety of all
sums payable under the contract and he referred to a
letter dated March 27, 1959 addressed to the Selectmen
from Continental Casualty Company by its attorney
Blakeney & Blakeney, giving notice of this assignment
and requesting that no payments be made under the con-
tract except to Continental Casualty Company or upon
its order. He recommended that the settlement be
carried out by consenting to the assignment by the
contractor to the surety and by paying the total sum
now held on the contract, which is X5,)1)13 .78, to Blakeney
& Blakeney as attorneys for the Continental Casualty Com-
pany, and presented a letter dated June 13, 1960 addressed
to the Selectmen from Continental Casualty Co. by Blakeney
& Blakeney setting forth the payments to be made by the
company upon receipt of said sum of $5,11/13.78•
After consideration of the foregoing, it was unani-
mously
VOTED To consent to the as;.ignment from Tommaso
Gioioso and Feliciano Federico d/b/a G. & F. Con-
struction Co. to Continental Casualty Company of
moneys payable under contract No. 5 dated August 1,
1957 and to pay Blakeney & Blakeney as attorneys
for Continental Casualty Company the sum of $5,443.78,
which represents the balance payable under said con-
tract
Mr. Warren Smith, Westminster Road, came into the
meeting and asked if a hearing was being held relative
to the Rules and Regulations governing the use of the Dump
dump.
The Chairman explained that the subject is to be
discussed this evening.
Mr. Stevens reported th t he had prepared an Order
of Taking covering the property of Waymint Realty Trust
10 imaa
w
063
under option to the Town , situated on Turning Mill
Order of Road, to be used for recreational purposes.
Taking Upon motion duly made and seconded, it was voted
to sign the taking order 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 this 13th day of June , 1960, it is
ORDERED: Whereas by vote duly adopted by a Town Meet-
ing duly called, warned and held on March 7, 1960, namely
at an adjourned session thereof duly held on March 28,
1960, the Selectmen were authorized and empowered on be-
half of the Town of Lexington to purchase , take by eminent
domain or otherwise acquire for playground and recreational
purposes, and other public purposes, the land hereinafter
described and an appropriate n of money was made therefor.
NOW, THEREFORE, we , the undersigned, being a majority
of the Board of Selectmen of the said Town of Lexington,
duly elected, qualified and acting as such, do hereby, pursuant
to said vote and under and by virtue of the provisions of
Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of
1926, Section 14 of Chapter 45 of the General Laws of Massa-
chusetts, and Chapter 79 of said 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 fee in the name and on behalf of the Town
of Lexington for sewer, water, drain, street, playground and
recreational purposes the following parcel of land situated
on Turning Mill Road in said Lexington and bounded and des-
cribed as follows:
NORTHEASTERLY by Turning Mill Road, three hundred
fifty-seven and 28/100 (357.28) feet;
SOUTHERLY by land now or formerly of Louis E
& Beryl M. Fischer, one hundred eighty-
five and 62/100 (185.62) feet;
SOUTHEASTERLY by said land now or formerly of Fischer,
sixty-seven and 47/100 (67.47) feet;
SOUTHEASTERLY by land now or formerly of Mary A.
AGAIN Hennessy by nine courses measuring
respectively, two hundred fifty-two
and 94/100 (252.94) feet , eighty-one
and 22/100 (81.22) feet; one hundred
111
eight and 30/100 (108.30) feet ;
fifty-eight and 04/100 (58 .04)
feet; one hundred fifty-two and
35/100 (152 35) feet; one hundred
forty-nine and 01/100 (149.01)
• feet; ninety-six and 06/100 (96 06)
feet, one hundred six and 50/100
(106.0) feet; sixty-four and 41/100
(64.41) feet; and fifty and 06/100
(50.06) feet,
EASTERLY by said land now or formerly of
Hennessy, fifty-one and 58/100
(51 .58) feet ,
SOUTHERLY by land of owners unknown, twenty-
AGAIN five and 60/100 (25.60) feet;
SOUTHWESTERLY by land of the Town of Lexington and
by land now or formerly of Donald K.
Irwin by three courses measuring re-
spectively, three hundred fifty-six
and 09/100 (356.09) feet; one hundred
fifteen and 17/100 (115.17) feet, and
three hundred ninety-nine and 80/100
(399.80)) feet;
NORTHWESTERLY by land now or formerly of Gerald D
and Margaret V. Shirley, by land now
or formerly of Herman and Dorothy
Yagoda, by land now or formerly of
Neal and Jean Evans Rubenstein, and
by land now or formerly of Donald 0.
and Claire V Smith by four courses
measuring respectively, three hundred
thirty-two and 46/100 (332.46) feet;
three hundred twenty-nine and 41/100
(329 41) feet ; three hundred sixteen
and 09/100 (316.09) feet, and one
hundred thirteen and 69/100 (113 .69)
feet;
NORTHEASTERLY by land now or formerly of William 0.
AGAIN ana Rachel E. Uraneck and by land now
or formerly of Waymint Realty Trust,
one hundred eleven and 25/100 (111.25)
feet;
NORTHWESTERLY by said land now or formerly of Waymint
AGAIN Realty Trust, two hundred eighty-five
and 89/100 (285 89) feet;
12
CD
1.11
NORTHEASTERLY by Turning Mill Road, forty-one
AGAIN and 29/100 (4.9.21) feet;
SOUTHEASTERLY by land now or formerly of Waymint
AGAIN Realty Trust, two hundred eighty-
two and 41/100 (282.4.1) feet;
NORTHEASTERLY by said land now or formerly of
AGAIN Waymint Realty Trust, seventy-five
and 00/100 (75 00) feet ;
NORTHEASTERLY by land now or formerly of Waymint
AGAIN Realty Trust, by land now or formerly
of Peter C and Pearl M Fritsch and
by land now or formerly of Seymour
and Francis Goldberg, two hundred
seventy-six and 00/100 (276.00) feet;
and
NORTHERLY by said land now or formerly of Goldberg,
two hundred thirty-three and 88/100
(233.88) feet; and
containing, according to plan hereinafter mentioned, 19.38
acres, more or less, all as shown on plan entitled "Plan Of
Land In Lexington. Mass .", dated May 19, 1960, Albert A.
Miller, Wilbur C . Nylander, Civil Engineers and Surveyors,
to be recorded herewith
This taking is made subject, so far as now in force
and applicable , to transmission line easement taken by
Boston Edison Company by instrument dated March 16, 1948
and recorded in Middlesex South District Registry of Deeds,
Book 7243, Page 390; to pole line easements in Turning Mill
Road granted by Techbuilt, Inc . to New England Telephone &
Telegraph Company and Boston Edison Company by instrument
dated February 26, 1957, recorded in said Deeds, Book 8857 ,
Page 311; and to such rights, if any, as may exist in any
person in the strip of land shown on said plan as "Mountain
Road Private Right of Way" .
All trees upon said land and structures affixed thereto,
excluding structures maintained under any of the aforesaid
easements subject to which this taking is made, are included
in the taking.
We award the damages sustained by the persons in their
property by reason of the taking hereby made as follows:
To Milton C . Wasby and Richard G Mintz, as
Trustees of Waymint Realty Trust under indenture
of trust dated February 19, 1959, recorded in
said Deeds, Book 9331, Page 324, the sum of $1 .00.
`'-1•11 13
CP
In so awarding damages we have awarded them to the
supposed owner of record of the land hereby taken as of
the date hereof, but if the name of the owner of any
interest in said land is not stated or is not correctly
stated, it is to be understood that such interest is
owned by an owner or owners unknown to us, and in such case
our award is made to the lawful owners thereof.
No betterments are to be assessed for the improve-
ment for which this taking is made .
WITNESS our hands and seals in said Lexington the
day and year first above written
/s/ Ruth Morey Alan G. Adams
Lincohn P. Cole , Jr. Gardner C . Ferguson
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACFUSETTS
Middlesex, ss. June 13 , 1960
Then personally appeared the above named Ruth Morey,
Alan G Adams, Lincoln P. Cole , Jr. and Gardner C . Ferguson,
known to me to be a majority of the duly elected, qualified
and acting Selectmen of the Town of Lexington and severally
acknowledged the foregoing instrument to be their free act
and deed, before me ,
/s/ Harold E. Stevens
Notary Public
My commission expires September 16, 1961
Mr. Stevens reported that the Group Insurance cover-
age Act had been amended, effective May 17, whereby if a
retired employee dies, his surviving spouse can continue Insurance
the coverage at the expense of the spouse but the Board
determines the amount of the premium.
Mr. Carroll referred to the trunk sewer instal-
led up to Itek' s property line under Maguire Road and
reported that Itek is to connect onto the Towns man-
hole . The question to be decided now is the matter
14
of betterment, which amounts to $6,473.90 He ex-
plained that the sewer was not constructed in Maguire
Ite sewer Road except crossing it, where it entered the trunk
be '-terment sewer at a point on the Itek property line , and stated
that no betterments were included in the Order of Taking
He said he thought there should be a charge in lieu of
betterments .
It was agreed to assess a betterment against Itek
in the amount of $6,473.90.
Mr . Stevens retired at 8:45 P.M
Letter was received from Mr. Carroll , together
with a copy of a letter to him from Whitman & Howard
relative to bids received June 6, 1960 for sewer and
drain work.
After consideration thereof the Board adopted
the following vote : VOTE: To reject the bid of
La Camera - Pitt Corporation for the reason that the
Board determines that in its opinion the bidder is
not qualified and competent to perform the work and
voted to award the contract to C . DiMartino & Sons,
Inc . , the lowest qualified and competent bidder at
its bid price of $72,277 .50.
Mr. Edward B Cass, Chairman of the Board of
Assessors, and Mr. Cornelius P. Cronin, Clerk, met
with the Board.
The Chairman explained that the Selectmen are
concerned about finances and stated that two weeks
ago they authorized a borrowing in anticipation of
revenue . She said the Board understood that the
property tax bills would not be givento the Collector
until early in the fall. The Board felt this was a
change in policy and would like to discuss it.
Mr. Cass stated that a change had been made
this year He explained that last year the Assessors
started the policy of sending out the real estate
bills alphabetically. The sane procedure is being
followed this year and there has been an additional
change He reported that the department is two months
earlier this year on the personal tax and excist tax
bills . The Assessors feel that by sending those bills,
the Town will receive money faster He said in order
to get faster money, the Assessors have , to a degree ,
let the seal estate bills go. He explained that the
percentage of bills paid by banks is approximately
80% and then there is about 20% of older houses and
some of these owners pay their bills in August . He
stated that the banks all wait until Novem9bbrr so
about 80% of the tax bills won't be paid even if the
15
bills are sent out early. It states on the bills
that they are not due until November 1st so the As-
sessors have tried to concentrate on the bills which
they feel will get the most money to the Town in the
cuickest way
Mr. Cass reported that two commitments of auto-
mobile excise taxes for 1960, amounting to $100,000,
have already been sent out and there is another Assessors re:
$100,000 commitment being posted He said that Tax bills
$377,253 .99 in personal taxes have been committed
as of June 13th to the Collector of which $355,123.81
will be received from six major companies . Those
companies pay personal property taxes early as a rule .
He said the Assessors feel that amount should be in
the Treasurer' s office by July 15 if the companies,
as a matter of policy, pay as indicated on the bills .
Mr. Cronin suggested that the Collector contact
the companies and ask to have the payments made early
Mr. Cass said that the mailing of real estate
tax bills will be delayed unless the Assessors have
another clerk. He stated that the Assessors had
asked for funds in the 1960 budget to provide for a
part time clerk for this work but the Appropriation
Committee did not approve the additional funds . He
111 said if the Appropriation Committee will transfer
$600, the Assessors believe the real estate tax bills
can be in the mail by August .
Mr. Cronin discussed the possibility of having
the bills prepared by I.B.M. and agreed to obtain
more information on the subject
The Appropriation Committee met with the Board
and was introduced to the Assessors by th,J Chairman.
Mr Cass and Mr. Cronin retired at 9:10 P M.
Mr. Blaisdell said that the Appropriation Com-
mittee would like to have a salary policy by October
and direct :action on a Personnel Board, group or
committee on an advisory status. He suggested a
group of three citizens either members of existing Appropriptim
Boards or non-members, as the Selectmen may deter- Committee
mine, who could advise the Boards mutually on the
question of salaries . He said it would be a modi-
fication of Mr . James ' salary and wage plan. He
said better co-operation could be obtained from
the School Department re non-teaching personnel if
there is an active Personnel Board. He said this
is a subject the Appropriation Committee thinks the
Selectmen should take some action on Mr. Blaisdell
stated that the Appropriation Committee is charged
with reporting to the town and it would like a good,
sound basis of information
Mr. Ferguson asked what the committee would do,
16 r=
CD
1.0
CrD
He asked if it would be an analysis committee or a
salary committee and Mr Blaisdell replied that it
would be a Personnel Salary Committee
Mr. Ferguson asked if he meant salary, vacation,
sick leave , etc
Mr. Blaisdell replied that he did not think it
should be a committee that would continue for years,
but one that would make recommendations as to job
classifications
Mr. Ferguson asked if the Committee would analyze
every job in the Town and each individual doing the
job.
Mr. Blaisdell replied that he did not think the
Committee should value the individual; that should
be left to the Department heads . He said the Appropria-
tion Committee Would like to get away from the personal
feeling that exists on setting salaries .
Mr Patterson said he would like a refinement of
Mr James ' schedule .
Mr Blaisdell discussed changes in the budget
'udget sheets and agreed to submit one to the Board when
sheets the revision has been completed
Mr. Blaisdell discussed briefly the 1961 tax
Tax rate ' 61 rate and the Committee retired at 10:20 P.M.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held
June 6, 1960 .
Letter was received from the County Commissioners
advising the Board of a hearing on July 8, Commissioners '
-rearing Office at 10:30 A.M. , in regard to the petition for re-
location and specific repairs of the intersection of
Winchester Drive, Lowell Street and Maple Street .
Letter was received from Mr. A. R. Batstone , 49
Bartlett Avenue , requesting deferment of a sewer better-
Deferred ment assessment levied on his property on Bartlett
etterment Avenue
Upon motion duly made and seconded, it was voted,
under the provisions of Chapter 159 of the Acts of
1950, to extend the time for payment of betterment as-
sessment on Lot #106 in the amount of $1,491.32 and
on Lot #104 in the amount of $797.20, without interest,
until said land or any part thereof is built upon, sold,
or until the expiration of three years from the date
hereof, whichever event occurs first; provided, however,
that th- extension of time shall termintlte immediately
111
if the facilities of the sewer are used for said land
or any part thereof.
17
Letter was received from Dr. William L. Barnes,
X04 Bedford Street, asking to have th' sewer better-
ments, assessed on property owned by him and located
on Bedford Street, deferred again
Upon motion duly made and secondee_, it was voted,
under the provisions of Chapter 159 of the Acts of Deferred
1950, to extend the time for payment of the sewer sewer
betterment assessment in the amount of $930.77 and the bettermenL-
sewer betterment assessment in the amount of yp29O.78,
without interest, until said land or any part thereof
is built upon, sold, or until the expiration of three
years from the date hereof, whichever event occurs first ,
provided, however, that this extension of time shall
terminate immediately if the facilities of the sewer
are used for said land or any part thereof.
Letter was received from Frederick W. Smith, Scout
Executive , Boy Scouts of America, asking to have the
street betterment assessed on property owned by the
Boy Scouts and located on Grant Street, deferred again. Defer ed
Upon motion duly made and seconded, it was voted street
to again extend the time for payment of the street betterment
betterment assessment in theamount of $2,781.91, with-
out interest, until said land or any part thereof is
built upon or sold or until the expiration of three
years from the date hereof, whichever event occurs first
The Chairman referred to the Great Meadows and it
was agreed to call the Arlington Selectmen' s Office to Great
find out the result of Arlington' s Committee on the Meadows
mOadows and ask to arrange a meeting to discuss the
subject
Proposed amendments to the Dump Riles and Regu-
lations were submitted by Mr Cole and the Board Dump
tentatively adopted them in principle
The Chairman read a letter from Rev. Harold T
Handley in which he referred to the Board' s letter
of June 2 to the Chamber of Commerce asking for sug- Guides
gestions and recommendations relative to guides
It was agreed to invite all the guides tomeet
with the Board when the group that has applied for
licenses has passed the examination.
The meeting adjourned at 11:00 P.M.
A true record, Attest
-r
r
Executive/ Cler , Selec tan