Loading...
HomeMy WebLinkAbout1958-12-17-BOS-min 612 SH:i CTNLEN 'S METING November 17, 1958 A regulan meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, November 17, 1958, at 7 30 P. M. Chair- man Maloney, Messrs James, Adams and Mrs . Morey were present. Mr Stevens, Town Counsel, Mr . Gayer, Super- intendent of Public Works, and the Executive Clerk were also present . Hearing was declared open upon petition of the Associates R,•alty Trust of Lexington for permission to increase the storage capacity of underground tanks at 727 Marrett Road from 4,000 gallons to 10,000 gal- lons of #2 fuel oil Notice of the hearing was advertised in the Novem- ber 6, 1958 issue of the Lexington Minute-man, abutters notified and the application approved by Deputy Chief Belcastro of the Fire Department. Mr. M. A. Seabury, Jr , Trustee and Manager of the Association, was the only person present at the Fuel oil hearing hearing Upon motion duly made and seconded, it was voted to grant a license to the Associates Realty Trust of Lexington to increase the underground storage capacity of #2 fuel oil from 4,000 gallons to 10,000 gallons on premises located at 727 Marrett Road. Hearing was declared open upon petition of the Nashoba Realty Trust for permission to store 5,000 gallons of #2 fuel oil on premises located at 1720- 1722 Massachusetts Avenue . Notice of the hearing was advertised in the November 6, 1958 issue of the Lexington Minute-man, abutters notified and the application approved by Fuel oil Deputy Chief Belcastro of the Fire Department hearing Two persons were present at the hearing, ap- parently representing the petitioner, No one spoke in opposition. Upon motion duly made and seconded, it was voted to grant a license to the Nashoba Realty Trust to store 5,000 gallons of #2 fuel oil in underground tank on premises located at 1720-1722 Massachusetts Avenue . Mr. Gayer reported that the so-called Garrity house at 9 Hancock Street was moved to its present 513 location from Patriots Drive some tire before 1847 Two buildings were joined together to make the house which was occupied by Meriams The name found writ- Garrity ten in the closets was spelled two ways ; Meriem and house Merriam The employees of the Buckman Tavern used to stay in this house nights . Mr. Adams : ointed out that the building is within the historic district and therefore a hearing will he reouired to demolish it . He said that eventually there should be a building erected in the location as a head- quarters for historic museum or society He suggested that no action be taken until March at which time the Town Meeting members can make the decision. It was agreed to request Mr. Garrity to remove whatever belongs to him, close the building and insert an article in the warrant for the Annual Town Meeting relative to the disposition of the house . Letter was received from the MDC relative to a hearing on Friday, November "71st, on the subject of proposed improvements or extensions to the Metropolitan water supply system. Mr. Stevens explained that the hearing is required by Statute ana Harold Toole advised that the cities and towns should have requests ready of their needs . Hearing on Mr . Stevens said this would get into a discussion Met . water stage , and since the Town thinks the Federal government supply is going to be involved, representatives should be in- vited to attend the hearinE_ and know what is said Mr. James suggested inviting Colonel Edward J. Roberton and Lieutenant Colonel Robert Dubois Mr . Gayer agreed to contact both officers Mr Stevens explained that he had prepared an Order of Taking for a sewer easement in connection with the sewer going in a right of way from Massachusetts Avenue Sewer to tie into Curve Street . He re )orted that all the in- Order dividuals involved had signed with the exception of Mr. Fradette who has had a nervous breakdown Upon motion duly made and seconded, it was voted to sign the Order of Taking in the following form: COMMONWEALTH OF i1ASSAC';1 SETTS Middlesex, ss . Town of Lexington At a meeting of the ''3oard of Selectmen of the Town of Lexington held on the 17th day of November, 1958, it is ORDERED Whereas st a Town Meeting/called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance with the 'a14 1.1 tic provisions of law applicable thereto, it was unanimously "VOT7D: That the Selectmen be and they hereby are authorized to install sewer mains , subject to the assess- ment of betterments or otherwise , in such accepted or unac- cepted streets or other lane as the Selectmen may deter- mine , 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 or otherwise acquire any fee, easement or other interest in land neces- sary therefor, and to appropriate for such installation and land acquisition the sum of $169,650. and that pay- ment be provided bythe transfer of 52 650.00 from the : Sewer Assessment Fund, the raisin of $52,000. in the cur- rent tax levy and the balance of $65, 000. to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the aproval of the Selectmen, be and he hereby is authorized to borrow the sum of $65,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years ", and WFTlRAS the Selectmen have determined a sanitary sewer main should be located in the land hereinafter described NOW, THERF' R,73, we , the undersigned, being a major- ity 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 san Am. wer or sewers with any manholes , pipes , culverts ant otlher appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purtioses, in, through and under the whole of that portion of the "101 Right of Way" running from Massachusetts Avenue to lot A that abuts upon lot 3, all as shown on plan entitled "Plan of Sewer Easement From Curve St.. to Right of Way at 905 Masa , Avenue Lexington - Mass", dated May 19, 1958, Richard J Gayer, Town Engineer, to be re- corded herewith, and reference to said plan is made and said plan is incorporated herein for a detailed descrip- tion of said portion of taid Right of Way. 515 And for use in constructing the sewer in the permanent sewer easement across lot 2 on said plan granted to the Town of Lexington by instrument dated July 31, 1958 and to be recorded herewith, we do hereby also so take temporary construction easements in a strip of land having a uniform width of five (5) feet and ex- tending frorr Curve Street to the aforesaid "10' Right of Way" along and easterly of the common boundary of said lots 2 and 3 , all as shown on the aforesaid plan. The temporary construction easements herein taken include- the right to enter upon the land taken to de- posit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid sewer construction, and the Town shall be obligated to restore the land to reasonably the same condition in which it was prior to the entry of the Town thereon. The construction easements shall terminate thirty days after the completion of the sewer construc- tion, 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 description are taken .without interference with II or prejudice to the rights of the res;,ective owners of the land, except so far as is reasonably necessary in the ex- ercise of tke rights and easements hereby taken, and there are reserved. to the respective owners and their heirs, successors and assigns q11 their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned On eack occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all Surplus material and to leave the premises in reasonably the same condition as when the entry was made Any trees upon the above described land are not in- cluded within the taking. The land in which the aforesaid rights and easements are taken iE: 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: 5 t h? �-C Owner Lots as shown on aforesaid plan Albini E. Fradette & Marie Rose Fradette , husband and wife 3 Betterments h ve been assessed for this improvement and are set forth in the order for construction of this sewer adopted on August 25, 1958 and are recorded in Middlesex South District Registry of Deeds, Book 9217, Page 191 . And said Board, having ccnsidered the question of damages, hereby determines that no dam,ges have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 17th day of November, 1958 . /s/ William E . Maloney Ruth Morey Alan G . Adams Raymond W. James Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . November 17, 1958 Then personally appeared Willi-:m E. Maloney, Alan G. Adams, Raymond W. James , Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Select- men of the Town of Lexington, and acknowledged the fore- going instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J Murray Notary Public My commission expires Nivember 21, 1964 I 517 At 8:00 P. N. , Chairman Grindle , Messrs Abbott, Jaquith and Snow of the Planning Boa, d, met with the Selectmen. Following a discussion of the installation of water mains and construction of dwellings on paper streets, it was voted in the future the Department of Public Works shall take up with the Board of Selectmen, before acting thereon, any requests received for construction of water mains in paps streets . The Planning Board retired at 9'10 P. M. The Chairman referred to the land which Mr. Leonard Jellis desires to acquire and Mr. Stevens said that he had previousLy suggested to the Board that a decision should be male as to what the Board feels should be done relative to this triangular strip He said he assumed Jellis the Town proposes to own the strip but he was not satis- fied with the way it was described in the taking . He asked what tie Board wants to do with it if the Town can obtain a deed from the Treasurer and the Town owns it It was the opinion of the Board that an article should be inserted in the warrant for the Annual Town Meeting to enable the Board to sell to Mr. Jellis the land that he wants to acquire . Mr . Stevens retired at 9 20 P M . The Chairman read a letter from Jon L. Ganger, Ellison Road, to Joseph Lazaro, Inc , relative to a Claim claim for damages in the amount of '448 .40 Mr. Adasns said that he felt very strongly that the Pracinet One voting place should be changed to the Harrington S3hool and Precinct Two should be changed Voting to the Adams School Mrs . Morey reported th t the voters caused a very dangerous situation at the Adams School because of the lack of parking space and the narrowness of the drive- way Mr. Adams made a motion that the voting places for Precincts On. aril. Two be changed, but it was not seconded, the other members of the Board desiring more time to con- sider the subject It was agreed to place it on the agenda for tae next meeting . Upon motion duly made and seconded, it was voted to renew the following licenses Joseph Trani, Inc 1757 Mass Ave , Pacr:age Goods Store (renewal) Rowe-Jackson Chevrolet 39-41 F�edford St 1st Class Pgent " The I . W. Doiglas Co. 915 Waltham St It " " s-i:t 8 Consideration was given to the subject of hourly j Y rates presently being paid to election workers The Chairman agreed to discuss the possibility of establish- ing flat rates with Mr Carroll, Clerk to the Board of Registrars, to determine whether or not he has any recommendation to offer the Board. Mr . Gayer retired at 9:35 P. M. The Chairman said that another item brought to his attention was the fact that the next three holidays , Thanksgiving, Christmas and New Years fall on Thursdays, Town presenting the possibility of long weekends . Offices It was agreed, in lieu of an employees party, to authorize the employees to choose one of the weekends ; some taking Thanksgiving, some Christmas and some New Years , subject to the approval of the Department heads . In tnis way all departments will be operating the three Fridays following the holidays . It was also agreed, in addition, to close the offices at 2:00 P. M. on Wednes- day, December 24th The Board felt that the Fire and Race Departments are in somewhat of a different category, but in an effort to be fair, suggested that the Chief of Police and Board of Fire Commissioners arrange to give the men in these departments one day off at their discretion. The meeting adjourned at 9:55 P. M. A true record, Attest C xe tiv Cle k, Selectmen. 1