HomeMy WebLinkAbout1959-09-14-BOS-min 274
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SELHCTMBN'S MEETING
September 14, 1959
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, September 14, 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. Mr. Jamas arrived at the meeting at
8:15 P.M.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on Tuesday, September 8, 1959.
Mr. Bertram Pe Gustin met with the Board.
The Chairman explained that the Board would like
to know if Mr. Gustin had anyone whom he could recom-
mend to serve on the Town Celebrations Committee .
Mr. Gustin said he did not know if the Board, in
its planning, intended for the Committee to continue .
He said there should be a definite plan. At the pre-
sent time, there are three, at the maximum, from the
military; Mr. Cronin from the Legion, Mr. Bongiorno
from the Y.F.W. and Mr. Cole who is active in the
military on a semi-active status. He said he thought
there always should be a member representing the schools,
a liaison, and he felt that there should be a representa-
tive from a service group. He said it would be nice to
have the Historical Society incorporated in the Cele-
brations Committee . He said he thought the service group
aspect was very important and he felt it should be out
of the Lions Club because there has been strong representa-
tion from the Lions Club. He felt that there should be
someone from the Rotary Club or the Kiwanis. He mentioned
Leonard Foster, Bud Viano and Eugene Sawyer of Lincoln
Street. He explained that Mr. Cobb, from the school, is
a good member but relatively new and suggested Kingston
Howland to replace Mr. Bentley Hutchins .
Mr. Gustin retired at 7:55 P.M.
Mr. Stevens advised the Baird that he had an order
of Taking prepared for execution by the Board for the
Order of land the Town authorized the Board to acquire , abutting
Taking the Shannon pit. He outlined the land involved on a
plan entitled "Itompiled Plan of Land in Lexington, Mass.",
dated June 17, 1959, John J. Carroll, Town Engineer.
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Upon motion duly made and seconded, it was voted
to sign the Order of Taking subject to sewer and drain
easements in the following form:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
At a meeting of the Board of Sh]e otmen of the Town
of Lexington held this 14th day of September, 1959, it is
ORDERED: Whereas by a vote of a Town Meeting duly calkd,
warned and held on March 2, 1959, namely at an adjourned session
thereof held on March 16, 1959, the Selectmen were authorized
and empowered on behalf of the Town of Lexington to purchase
or take by eminent domain the land hereinafter described for
playground or recreational purposes, and an appropriation of
money was made for the purpose, as will more fully appear by
reference to said vote , an attested copy of which is annexed
hereto.
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, pur-
suant to said vote and under and by virtue of the provisions
of Section 14 of Chapter 45 and of Chapter 79, both of the
General Laws of Massachusetts, 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
playground or recreational purposes the following parcel
of land situated on Adams street in .said Lexington, and
abutting upon Town land on North Street that was acquired
for playground or recreational purposes pursuant to vote
adopted under Article 13 of the Warrant for the Special
Town Meeting held on September 16, 1957, and bounded and
described as follows:
NORTHWESTERLY by Adams Street, 569.20 feet;
NORTHEASTERLY by land now or formerly of Bennett,
98 feet, more or less;
SOUTHEASTERLY by registered land now or formerly of
Mark Moore, Jr., Trustee of Moore
Realty Trust, 139.41 feet;
NORTHEASTERLY again by said registered land, 236.16 feet;
NORTHEASTERLY again by land of the Town of Lexington,
425.30 feet;
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NORTHERLY by said land of the Town of Lexington,
625.30 feet;
NORTHWESTERLY again by said land of the Town of
Lexington and other land of said
Town, by two distances measuring
respectively201.4 feet, more or
less, and lo feet, more or less;
NORTHEASTT LY again by a State Highway Location,
150 feet, more or less ;
SOUTHEASTERLY again by lot S3, as indicated on plan
hereinafter mentioned, by two courses
measuring respectively 206 feet, more
or less, and 117.52 feet;
SOUTHEASTERLY again by lot 41A, as indicated on said
plan, 45.79 feet;
SOUTHERLY by lots 40A, 34 and 33, as indicated
on said plan, by three distances
measuring respectively 212.76 feet;
235.00 feet and 215.00 feet;
SOUTHWESTERLY by lots 26 and 25, as indicated on said
plan, by two distances manuring res-
pectively 310.00 feet and 90.19 feet;
SOUTHEASTERLY Again by said lot 25, 296.60 feet;
SOUTHEASTJtt1,Y again by lots 24, 23, 22 and 19, as in-
dicated on said plan, and by a projection
of the line of said lots across Emerson
Road, as shown on said plAn, by five
distances measuring respectively 185.00
feet, 230.00 feet, 70.00 feet, 211.25 and 86'
feet, more or less;
NORTHEASTERLY again by said Emerson Road, as indicated
on said plan, 482 feet, more or less;
SOUTHEAS'rytu,Y again by land now or formerly of Kenrick,
100 feet, more or less;
SOUTHWESTERLY again by lot 6, as indicated on said plan,
49 feet, more or less, and by land now or
formerly of Arlex Realty Trust, Inc . , 620
feet, more or less;
SOUTHWES'r1;ttLY again by said land or Arlex Realty Trust,
AND SOUTHERLY Inc., by two diatanoes measuring respectively
35 feet, more or less, and 35.90 feet;
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NORTHWESTERLY again by lot 14, as indicated on
said plan, by a projection of the
line of said lot 14 across Emerson
Road, as shown on said plan, and by
lots 13, 9A and 10, as indicated on
said plan, by five distances measur-
ing respectively 23.90 feet, 76.21;
feet, 271.00 feet, 135.00 feet and
157.00 feet; and
SOUTHWESTERLY again by said lot 10, 186.80 feet.
Said land is shown on plan entitled "Compiled Plan
of Land in Lexington Mass.", dated June 17, 1959, John J.
Carroll, Town Engineer, to be recorded herewith.
This taking is made subject to sewer and drain
easements (Vine Brook Channell taken by the Town of Lex-
ington by order dated September 20, 1938 and recorded
in Middlesex South District Registry of Deeds, Book 6245,
Page 241, to flowage easements taken by the Town of Lex-
ington by order dated February 13, 1939 and recorded in
said Deeds, Book 6279, Page 318; and to transmission line
easement taken by Boston Edison Company by instrument
dated March 16, 1948 and recorded in said Deeds, Book 724.3,
Page 390, so far as not released by said Company by in-
strument dated October 2, 1958 and recorded in said Deeds,
Book 9258, Page 270.
All trees upon said land and structures affixed there-
to 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 Mark Moore, Jr. , Trustee of Moore Realty Trust, of
said Lexington, the sum of $1.00.
To Todd Realty, Inc. , of said Lexington, the sum of $1.00.
In so awarding damages we have awarded them to the sup-
posed 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 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 improvement for
which this taking is made.
WITNESS our hands and seals in said Lexington the day and
year first above written.
is/ Raymond W. James /s/ Ruth Morey
Alan G. Adams Gardner C . Ferguson
William E. Malone
Major�.ty or trio xoara ofoelectmen
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C OMM0NW93ALTH OF MASSACHUSETTS
Middlesex, ss.
September 14, 1959
Then personally appeared the above named William E.
Maloney, Alan G. Adams. Gardner C . Ferguson, Raymond W.
James and Ruth. Morey, known to me to be 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/ Hazel J. Murray
Notary .rublic
My commission expires Nov. 21, 1964
I, James J. Carroll, Town Clerk of the Town of Lexington,
hereby certify that at a Town Meeting duly called, warned and
held on the 2nd day of March, 1959, namely at an adjourned
session thereof duly held on March 16, 1959, in accordance
with the provisions of law applicable thereto, the following
vote was duly adopted:
"VOTED: That the Selectmen be and hereby are author-
ized to purchase, take by eminent domain or otherwise
acquire for playground or recreational purposes any
or all of the undeveloped land abutting upon the Town
land on North Street acquired for such purposes pur-
suant to the vote adopted under Article 13 of the War-
rant for the Special Town Meeting held on September 16,
1957, and including land on both sides of Vine Brook
southerly to East Street, and to raise and appropriate
therefor the sum of $5,500.00."
A true copy.
Attest:
James J. Carroll
James J. Carroll, Town Clerk.
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279
Mr. Stevens reported that the water bill the Board
discussed before was finally enacted and went to the
Governor on September 9. Up to late this afternoon, it Bill
had not been signed, but presumably would be signed to-
morrow.
Mr. Carroll referred to Mrs. Coals request for ex•
tension of a water main to service her property at 2965
Massachusetts Avenue, and presented a sketchof the pro- Cox request
party. He explained that the main is 90' away from the for water
ehd of Hayward Avenue and 150' away from the C.ox house .
Mr. Jamas said he thought the property is part of
the National Park. No one lives in the house and it
appears to be abandoned.
Mr. Adams asked where the water for the house came
from originally, and Mr. Carroll replied that there was
a well.
Mr. Carroll said he did not object to a long ser-
vice in this particular instance, but the matter is com-
plicated because of the proposed National Park.
Mr. James explained that if the Park acquires the
land now, this is the first house that would be taken
down.
Mrs, Morey suggested that Mrs. Cox obtain a release
from the National Park Commission.
It was the opinion of the Board that the request
for extension of the water main should be denied.
Mr. Stevens retired at 8:20 P.M.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol- Pole location
lowing j/o pole location, Mr. Carroll having approvdd.
East Street, southeasterly side, at
Douglas Road, - - One pole .
Mr. Carroll retired at 8:25 P.M.
Upon motion duly made and seconded, it was voted
to sign application for Certificate of Incorporation Cert. of Inc ,
on behalf of Stewart C . Cairns; satisfactory character
reference having been received from the chief of Police .
The Chairman read a letter from Mns. Casey; Social
Worker, requesting approval of an expenditure of $40 Transfer
from the income of the Bridge Charitable Fund for Leo
and Eva Boynton, formerly of 11 Massachusetts Avenue .
Upon motion duly made and seconded, it was voted
to request the Trustees of Public Trusts to consider
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the transfer of 0 from the income of the Bridge
Charitable Fund, the Board being in favor.
The Chairman read a letter from 14r. Carroll, Town
Resignation Clerk, advising that he had received Rev. Floyd Taylor's
resignation as a member of the Historic Districts Com-
mission, effective October 15, 1959.
Further consideration was given to an offer of $500
each for lots 69-72 Hamblen Street and lots 64-68 Be]1-
flower Street, received from Leon B. Cormier & Sons, Inc. ,
Tax title 657 Main Street, Waltham.
The Chairman read letters of recommendation from
the Planning Board, said lots having been examined by
that Board.
Mr. Adams said that if Mr. Cormier wants the lots
at $500 each, he would be in favor of selling them.
Mr. James pointed out that, in the same area,
Asbury and Freemont Streets, the Board had consistently
refused to sell tax title lots.
The Chairman said that this is the best offer the
Board has received.
Upon motion duly mdde and seconded it was voted
to advise Mr. Cormier that the Board will consider $500
per lot, plus sewer betterments of $506.26 on lots 69-72
Hamblen Street and sewer betterments of $562.50 on lots
6L -68 Bellflower Street; subject to the provision that
all four lots on Hamblen Street be combined for all time
into one residential lot and that all five lots on Bell-
flower Street be combined for all time into one resl-
denttil lot.
The Appropriation Committee met with the Board and
Mr. Blaisdell stated that since the question of policy,
salaries, etc. , comes up, the Committee wondered if it
would be possible for the Board to think out what it
wants so by the fifth of October the Committee could
meet and get the sessions started. He asked what could
Budgets be done about getting the budgets prepared earlier than
last year so there will be a meeting of the minds.
Mr. James explained that there is a legal limitation
with regard to the time each departhent head is to sub-
. mit a budget and they could take advantage of it if they
so choose .
Mr. Patterson said that the Committee understood
that.
The Chairman explained that some of the department
heads will not know how much money they will need un-
less they just project figures from their minds.
281
Mr. Blaisdell agreed that was so. He said the
Committee would like to progress on a more orderly
pattern rather than rush the budgets through as just so Budgets
many figures. He said the Committee would first have
to have something in the form of policy both on salaries
and operating for the coming year.
Mr. Patterson said that the two largest budgets
are Public Works and School, and the rest are routine .
Mr. Adams said it is true there is a policy
question on wages now, but the Board could decide on
the negative side at least, very soon.
The Chairman explained that the Board has not made
any decision what it would recommend at this time .
There has been some informal discussion, but nothing
concrete has been done .
{ Mrs. Morey said that was a difficult date, six
months before Town Meeting
The Chairman said he thought there would be much
discussion and changes before the budgets were established
but the Board could ask the department heads to set up
their budgets.
Mr. Patterson said that he did not believe anyone
was given the consideration last year they should have
had, and he did not think the Committee could do the
job it is expected to do in the limited amount of time
he witnessed last year.
The Chairman assured the Committee that the Select-
men would cooperate and make every attempt to have the
department heads present their budgets.
Mr. Shaughnessey asked how the department heads
could present budgets if they do not know the policy on
wages.
The Chairman replied that they usually come in with
a request for increases based on what they feel should be
done . Last year, the Board notified them that it would
be concerned only with merit increases or to correct in-
equalities, and the department heads submitted their
budgets with that in mind. If they come in this year
recommending, as an example , 150 increase, the Board
would discuss it with them.
Mr. Shaughnessey asked if it would be easier for
the department heads if the Board laid down what it was
going to do on wages.
The Chairman stated that they might request less than
what the Board has in mind.
Mr. Shaughnessey asked if the Selectmen were saying
* that tae Committee cannot do much intil after the first
of the year.
Mrs . Morey said that each department could meet
with the Appropriation Committee in October or November
*
The Chairman said he would not say they would have
to wait until after the first of the year.
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and talk about what is going to have to be done, and
the Committee would then have information and background
for the budgets that would be submitted later. She said
a meeting not giving too many figures, but discussing
problems, might accomplish what the Committee wants.
Mr. Ferguson said one problem is having the budgets
submitted early and asked what the Committee 's proposal
was along that line . He asked if the Committee wanted
a letter sent out to each department.
Mr. Blaisdell said he did not think the Committee
had anything specific in mind, and most of the depart-
ments report to the Selectmen
Mr. Ferguson said someone had to start and asked
how the Committee proposed to start.
Mr. 2atterson replied it would be through the Board
of Selectmen.
Mr. Blaisdell said the Committee would like moral
support, and Mr. Ferguson said there is no doubt but it
would have that. He said if the Committee wanted a let-
ter sent to the department heads, the Selectmen would
ask them to co-operate .
Mr. Patterson said personally he thought it would
help if the Selectmen carried the ball and got budgets
started back on the right road this year.
The Chairman asked if he wanted the Board to start,
and Mr. Patterson replied that he did for this year. He
said the Committee is anxious to go to work. He said
the members are comparatively new and he would like to
start commanding a little more respect than has been
given to the Appropriation Committee by those presenting
their budgets.
Mr. Adams said that certain capital expenditure
projects are coming up and those are known; the Com-
mittee could get started on them. Then there is the
salary question and a policy in rough form could be
started early.
Mr. Patterson said he would like to get going.
The Chairman asked if the Committee would like the
Selectmen to request all department heads to cooperate
in presenting budgets earlier this year.
Mr. Shaughnessey said that what the Committee has
in mind is to set up a date and give it to the departments.
Mr. Meyer said that if the Selectmen wrote a letter
and asked to have the budgets submitted by October 1 and
the Committee wrote one asking for budgets by the 15th,
it might carry a little more weight.
Mr. Blaisdell said that the committee has had co-
operation, now it is a question of time.
Mr. Patterson said he wanted co-operation in having
the budgets presented earlier.
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IIMrs . Morey explained that the budgets have provisions
for the request for this year, amount expended aril request
for next year, and no one will know the amount expended
until the first of the year.
Mr. James said the Committee used to have an expendi-
ture of figures on the date the budget was submitted.
The Chairman pointed out that there will be three
months, 25% of the expenditures.
Mr. Blaisdell said that what the Committee wants is
not the budget by 0 tober 1$, but for the Board to have
some overall polio Zhat date and to question all de-
partments shortly ereafter. He said the Committee
would like some form of policy on salaries. He said the
question the Committee would like answered on the fifteenth
or twelfth or some convenient night, is whether the Board
is going to raise salaries.
Mr. Adams said there are certain items without any
question. At the moment both the Police and Fire De-
partments can tell if they want more men or not. Be
said the Committee might not receive figures now but
those decisions would be helpful.
Mr. Adams suggested meeting with the Committee about
the middle of October and have something`more definite
on a policy question.
IIThe Committee retired at 9:10 P.M.
Mr. James suggested tht the department heads be
requested to meet individually with a couple of the mem-
bers Of the Board, as they must have some idea what they
want to do. They can talk the problems over with the
Board and submit their recommendations. He said the
Board could assemble that date, on wages alone , discuss
it and form a policy.
Mrs . Morey suggested meeting with the department
heads as a group.
Mr. James said he thought this could be done on one
evening, not on a Monday.
It was agreed to invite the department heads to
meet individually with all members of the Board to dis-
cuss any recommendations they may have in regard to next
year' s budget policy; beginning next Monday.
It was also agreed to write each department head in
regard to submitting budgets early.
The Chairman read a letter signed by Mr. Cronin
and three other employees, inviting the Board to attend
a testimonial dinner on Wednesday, September 30, for
Miss Ready and Mr. O'Connor.
Application* was .receed' fr l Bird Donuts, Inc.,
II `for a Common Vi tualler .license at 399 Lowell Street.
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Upon motion duly made and seconded, it was voted
License to grant the license, approval having been given by the
Board of Health.
The Planning Board met with the Selectmen at
9.!}0 P.M.
Worthen Rd. The Chairman staked what the Planning Board hoped
to do with Worthen Road.
Mr. Abbott explained that a layout has been made
and the major problem is selling it to the Town.
Mr. Abbott said that he thought the Planning Board
knows where it wants the road to go and he thought, in
talking to others including the new Superintendent of
Schools, that the present playground could be used for
high school purposes. He explained that the Planning
Board thinks it necessary to have plans for more play-
ground areas, and they expect to have an option on a
piece of land on Follen Hill that will make a playground.
The Planning Board thinks that the center playground
should be replaced by three others; one on Pollen Hill,
School one on Grove Street and .an area which the Town now has
Playgrounds around the reservoir. Those are the three areas the
Planning Board has discussed as being comparable to the
present center playground.
The Chairman asked how the Superintendent of Schools
felt about Worthen Road.
Mr. Abbott replied that he and Mr. Snow had talked
to the Superintendent and this is new to him, but after
Mr. Snow outlined the plan to him, he thought it was
excellent and he had some other ideas.
Mr. Snow said that the Superintendent is most
enthusiastic and urged the Planning Boa-d to go ahead
with the Worthen Road plan. He feels that it would be
more economical to use the present highlschool building
for the eleventh and twelfth grades because they need
the facilities and use the new building for the tenth
and ninth grades as they would not need such a large
auditorium.
The Chairman asked if the Planning Board still
felt the construction of Worthen Road was the practical
thing to do, and Mr. Abbott replied in the affirmative .
Mr. Adams said the major objection is going to be
destruction of the playground and something better will
have to be offered to the Town and proof given that it
is better.
Mr. Abbott said that the entire plan should be put
together before an attempt is made to sell it.
The Chairman asked if the Planning Board would be
prepared for a. Fall Town Meeting and Mr. Abbott replied
285
in the negative . He said if the desired areas could
be obtained, and the Town Meeting members could be taken
to them so that they would know what the Town will be
getting and how much it is worth, it would help.
Mrs. Morey asked how much of the playground facili-
ties would be disturbed, and Mr. Abbott replied that in
the first step, one Little League field and a corner of
the track would be lost. The Planning Board thinks that
the track belongs over by the football field.
Mrs. Morey said that the girls' hockey field would
be lost.
Mr. Snow said that six acres would be gained from
Hayden. He explained that he and Mr. Bair are working
on a site plan for the entire development of the school
land, and there is almost enough to have two high schools
in the total land involved.
Mr. Adams said that under the present plan the theory
is that there will be some other school buildings over
there and at that time, the playground becomes an entirely
school playground. In the meantime, whatever is taken
away as playground should be replaced at the same time as
the road goes through or before . In putting the road
through, the playground facilities would not be reduced.
The Chairman said, as he understood the discussion,
the Planning Board would not be prepared to present this
subject at a Fall or the Annual Town Meeting.
Mr. Abbott said that the Planning Board does not at
present have all the land.
The Chairman said that if Worthen Road does not go
through, and the Hayden people fence their property, the
result will be a very bad situation and Mr. Snow agreed
that it would be very dangerous.
Mr. Grindle asked if the Hayden people would be
satisfied to wait until Spring, and the Chairman replied
in the affirmative .
Mr. Abbott said that the Planning Board would like a
Fall Town Meeting and would also like to know how late
it could be held.
The Chairman explained that the Selectmen have a
water problem on which action may have to be taken quickly
and if it does come up, the Planning Board should be pre-
pared.
Mr. Abbott asked if the Selectmen would want the
meeting before Thanksgiving, and the Chairman replied in
the affirmative .
Mr. Abbott said that the Planning Board would like
to plan for November 9 or 16, preferably November 9.
It was agreed that the Planning Board would meet
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with the Selectmen before setting the date for a Special
Fall Town Meeting.
The meeting adjourned at 10:04. P.M.
A true record, Attest:
c tive Clerk Selectm ,n
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