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HomeMy WebLinkAbout1959-12-28-BOS-min 398 0.4 CO SELECTMEN'S MEETING December 28, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 28, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs . Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon application of the Raytheon Company, Foundry Avenue, Waltham, for per- Fuel oil mission to maintain an underground tank for the storage storage of 20,000 gallons of #6 fuel oil on the premises lo- cated on Spring Street. Notice of the hearing was advertised in the December 17, 1959 issue of the Lexington Minute-man, and the abutters, according to theAssessors' list, were notified. No one was present at the hearing in favor of or in opposition to granting the permit . The application had been sent to Chief Engineer Bernard Belcastro and returned with his approval. Upon motion duly made and seconded, it was voted to grant a license to the Raytheon Company to maintain an underground tank for the storage of 20,000 gallons of #6 fuel oil. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/o pole locations: Hancock Street, in an island at the intersection of Burlington Street and North Hancock Street, -- One pole . (One existing j/o pole to be removed. ) North Hancock Street, southerly side, easterly from a point approximately 55' east of Braemore Terrace,-- Three poles . (Three existing j/o poles to be removed. ) North Hancock Street, southerly side, approximately 480' east of Braemore Terrace, -- One pole . (One existing j/o pole to be removed. ) J 390 Stevens Road, southwesterly side, approximately 90 feet southeast of Charles Streets-- One pole . Stevens Road, northeasterly side, northwesterly from a point approximately 100 feet northwest of Taft Avenue, -- Three poles. The Chairman read a letter from Mr. William Roger Greeley, advising that the elm tree in his back yard, which the Town found to have Dutch Elm disease , can be removed at any time . Mr. Carroll reported that he has a standard form Dutch Elm which was sent to Mr. Greeley last August, signed by disease him and returned, stating that he would have the tree taken down and the wood destroyed within two weeks from the date of the form. It was agreed to acknowledge Mr. Greeley' s let- ter and to send him a copy of the statement which he signed last August. Mr. Stevens reported that he had prepared a taking order on the Itek sewer installation from Hartwell Avenue toMaguire Road. Mr. Carroll presented a letter from the U. S. Army Corps of Engineers advising that an immediate Itek sewer right-of-entry has been granted, pending the issuance taking order of a formal easement for a right-of-way, to the Town for the installation, maintenance and repair of a sewer line within a strip of laid. 20 feet wide beneath the Government-owned spur track at LaurenceG. Hanscom Field, subject to certain conditions. Mr. Stevens said that the letter, signed by J.M. Geoghegan, Chief, Real Estate Division, certainly gives the Town permission to make entry. Upon motion duly made and seconded, it was voted to sign the Taking Order on the Itek sewer installation from Hartwell Avenue to Maguire Road 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 on the 28th day of December, 1959. it is ®o unusnmi►: Whereas at a Town Meeting duly called, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, in accord- ance with the provisions of law applicable thereto, it was duly *VOTED: That the Selectmen be and they hereby are adthdrized to install a sewer main or mains in such locations as the Selectmen may determine from the westerly side of the State Highway, Route 128, to the vicinity of Westview Street, 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 otherwise acquire any fee, easement or other in- terest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $300,000.00, and to provide for payment thereof by the transfer of $50,000.00 from the Excess and Deficiency Account, the raising of 200,000.00 in the current tax levy and the balance of 50,000.00 to be providtd 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 $50,000.00 and issue bonds or notes of the Town therefor, to beayable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceed- ing twenty years.", and WHEREAS the Selectmen have determined that in order to install the sewer main from the westerly side of the State Highway (Route 128) to the vicinity of Westview Street 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 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 the follow- ing parcels of land situated in said Lexington and bounded and described as follows: 401 Parcel One Beginning at a point in the northwesterly side line of Hartwell Avenue , at land of the Boston Maine Railroad; thence running North 57° 52' 57" West by said Railroad land, distant 94.18 feet to a point; thence running by a curve to the right with a radius of 2070.66 feet by said Railroad land, dis- tant 77.61 feet to a point; thence turning and running South 17° 59' 20" West by said Railroad land, distant 1.97 feet to a point ; thence turning and running by a curve to the right with a radius of 2072.56 feet by said Railroad land, distant 584.23 feet to a point ; thence running North 39° 35' 57" West by said Rail- road land, distant 29.00 feet to a point; thence turning and running North 44° 00' 07" East, distant 20.13 feet to a point; thence turning and running South 39° 35' 57" East, distant 31.25 feet tp a point; thence running by a curve to the left with a radius of 2052.56 feet, distant 654.98 feet to a point; thence running South 57° 52' 57" East, distant 96.40 feet to a point in said northwesterly side line of Hartwell Avenue; and thence turning and running south 39° 06' 16" West by said side line of Hartwell Avenue , distant 18.24 feet to the point of beginning; II all as shown and marked "18.10' Sewer Easement" and "20' Sewer Easement" on plan entitled "Plan of Sewer Easement from Hartwell Ave . To Maguire Rd. Lexington, Mass.", dated December 22, 1959, John J. Carroll, Town Engineer, to be recorded herewith and a copy of which is to be an- nexed hereto and registered herewith. Parcel Two Beginning at a point in the northwesterly boundary of land of the Boston and Maine Railroad, which point is situated southeasterly and distant 0.37 feet from the northwesterly terminus of a curve having a radius of 2155.06 feet; thence running South 440 00' 07" West, distant 233.36 feet to a point in the northeasterly side lint of Maguire Road; thence turning and running North 56 34' 38" West by said northeasterly side line of Maguire Road, distant 20.00 feet to a point; thence turning and running North 44° 00' 07" East, distant 235.80 feet to a point at land of the Boston and Maine Rgilroad; thence turning andrunning South 39° 35' 57" East by said Railroad land, distant 19.76 feet tb a point; and thence running by a curve to the left with a radius of 2155.06 by said Railroad land, distant 0.37 feet to the point of beginning; all as shown and marked "20' Sewer Easement" on the aforesaid plan. There is excepted from said Parcel Two any portion 402 - cr. thereof that extends through land owned by the United II States of America. And we do hereby also so take temporary construction easements, for use in constructing the sewer to be in • - stalled in the permanent easements hereinabove described, in the following strips of land in said Lexington; 1. A strip of land having a uniform width of 20 feet, as measured at right angles between the side lines, commencing at Hartwell Avenue and extending along and abutting upon the full lengths of the northeasterly and northwesterly boundaries of the permanent easement described above as Parcel One, all as shown and marked "20' Construction Easement" on the aforesaid plan; 2. Two strips of land each having a uniform width of 20 feet, as measured at right angles between the side lines, abutting upon the permanent easement described above as Parcel Two and ex- tending from land of the Boston and Maine Rail- road to Maguire Road along the full length of both sides of said permanent easement, all as shown and marked "20' Construction Easement" on the aforesaid plan, but excepting therefrom any portions thereof that extend through land owned by the United States of America; and reference to the aforesaid plan is made and said plan is incorporated herein for a complete and detailed des- cription 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 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 one year from the date of this order. 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 exer- cise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, suc- cessors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incont sistent with the use thereof for all of the purposes herein- 403 above mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are ten 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 the warns condition as when the entry was made . Any trees upon the land included within the above described parcel 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 cor- rectly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Unregistered Land Owner Lots as shown on aforesaid plan Ernest Reiss and IIAlfred M. Reiss Unnumbered parcels Charles A. Linehan Unnumbered parcels Registered Land Lots as shown on Certificate Owner aforesaid plan of Title Book Page Lexington Realty Unnumbered 96203 611 53 C brporation parcel No betterments are to be assessed for this improvement. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 28th day of December, 1959. /s/ William L. Maloney Raymond W. James Gardner C . Ferguson Ruth Morey Alan G. Adams Majority of the boar a of Selectmen 404 CC 1.4 COMMONWEALTH OF MASSACHUSETTS 1 Middlesex, ss . December 28, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C . Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 The Chairman read a letter from Robert C . Sexton, Water sup- Colonel, USAF, Air Force Cambridge Research Center in ply to Bed- Bedford, inviting representatives of the Town to meet ford Air with representatives of the Air Force on January 7, Base 1960 at 9:00 A.M., in the Conference Room, Room 233, Hanscom Field. The Chairman said that the previous meeting had been held in Lexington and he had no objection to going to Bedford. It was agreed to attend the meeting in Bedford. Mr. Carroll was requested tofind out who will be present at the meeting representing the Air Force and if necessary, Whitman & Howard will be requested to send a representative . The Chairman read a letter from Mr. Mitchell J. Spirts, Director of Administrative Services of the School Department ,advising that a number of parents are concerned about the walking conditions at the Sidewalks Grove Street-Burlington Street approaches to the Grove-Burl- William Diamond Junior High School. The number one ington Sts . area on the School Department' s list of priority for sidewalk construction is the area approaching the school, namely Hancock, North Hancock, Burlington, North, East, Grove, Hill and Revere Streets . Mr. Carroll reported that he has listed the side- walks in his budget for 1960. The Chairman read a letter from the Board of Health, Sewer advising that people in the Longfellow Road and Hawthorne Road area are having serious sewage problems, and re- 405 commended that everyeffort be made to provide a public sewer for this area. Mr. Adams said he would like more detail as to how many houses are involved and how many are having difficulty with present sewage disposal systems . Messrs. Stevens and Carroll retired at 8:00 P.M. The Chairman read a letter from the State Depart- ment of Public Works with reference to a regulation permit 8383, issued in July, 1958. An inspection showed that the regulation for the stop signs for Traffic northeast and southbound drivers on North Street at Rules and Adams Street is incorrectly worded. Orders Upon mot on duly made and seconded, it was voted that the Traffic Rules and Orders of the Town of Lexington adopted by the Board of Selectmen on October 15, 1935 and subsequent amendments thereto, be and are further amended as follows: By striking out in Article VIII, Section 11, the following description: Northeast and southbound drivers on North Street at Adams Street Article VIII, Section 11, is further amended by adding the following new description: Northwest and southeast bound drivers on North Street at Adams Street. The Chairman read letter from Dr. Alfred Finck, 33 Bartlett Avenue , complaining about conditions pre- vailing at the property abutting his, and owned by Mr. Complaint Joseph Goodwin, Pearl Street . It was agreed to send a copy of Dr. Finck's letter to Mr. Irwin and request him to make an investigation and submit a report to the Board. The Chairman read a letter from the Board of Fire Commissioners, asking if the Selectmen would insert an article in the article in the warrant for a new aerial Warrant truck or advise the Commissioners if they should handle it. It was agreed to advise the Commissioners that the Selectmen would assume the responsibility of inserting an article in the warrant . The Chairman read a letter from the Board of Fire Commissioners, together with letter from Captain George 406 cc Ptu Glenn requesting retirement on disability, effective Retirement as soon as possible . Upon motion duly made and seconded, it was voted to appoint Dr. Norman H. Boyer to serve on a Medical Panel to examine Captain Glenn. Letter was received from Mr. Snow, Planning Director, together with copy of letter sent to Mr. William L . Potter Parking in regard to rezoning for parking purposes a portion of Mr. Potter's property on Waltham Street. Mr. James stated that from his own point of view, the Town needs a parking area in that particular lo- cation and this is an opportunity to acquire the area. He suggested discussing the subject with the Planning Board at the earliest possible time, advise that the Selectmen want a parking area there and as far as they are able to determine , this is an available site; and would like to know immediately what the Planning Board has in mind so that the Potters can be advised. Mrs. Morey said she thought an ideal parking area would have an entrance from Marrett Road and one from Waltham Street. Mr. Adams said the Town needed a parking area but questioned if a parking area should be established for any one particular person. Mr. James explained that the Board is not saying the parking area is needed for anyone, but saying this is the most available area. Mr. Ferguson stated that the Town has an opportunity to acquire land at no cost in the only possible area. Mr. James said he would like to know if the Planning Board has any other ideas in the area, and if not, what its opinion is. Mrs. Morey said to justify a parking area as a Town parking area, it should be for more than one building. The Chairman explained that Potters' thought was that the parking area would take care of a building they propose to erect and would also take care of the busi- nesses already established in the area. Mr. Ferguson said it is the only land in the area that is available . Mrs. Morey said that if it is going to be a Town parking area, it should encompass all the lots, and she would like to see a layout of the area. The Chairman said he understood, from the discussion, that the parking lot would take the overall parking in the area and not isolate anyone. Mrs . Morey suggested that the owners of all the property should be included if the Boasdd discusses the subject again with the Potters. 2 0 It was agreed to ask the Planning Board to meet next Monday night with the Selectmen to discuss the subject further. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on Monday, January 21, 1959. Upon motion duly made and seconded, it was voted to grant the following licenses: Licenses William Bevis, d.b.a. Countryside Pharmacy 317 Woburn Street Common Victualler I. W. Douglas Co. 915A Waltham Street 1st Class Agent The Chairman reported that Mr. Carroll has agreed Snow to plow the Fire Station Driveway. Removal The Chairman reported that he contacted one of the owners of the Early Bird Doughnut Shop and asked how important it was to have an automatic music machine installed, and if it would pose a problem Music with youngsters loitering around. The owner said he Machine would not permit them to loiter. He now has a radio, and feels that some type of music, other than a radio, would be better. He also said he could use the revenue from a coin machine He agreed to discuss the subject further with his partner. The meeting adjourned at $:35 P.M. A true record, Attest: ec tivevClerk Select .