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HomeMy WebLinkAbout1959-09-14-BOS-min 274 z 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. � 1 275 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; 276 z C7 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; 27T 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 278 n CC 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. 1 279 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 280 CC 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. 282 home CD CV 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. 283 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. 284 n r4 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 286 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 Y 1