Loading...
HomeMy WebLinkAbout1958-10-06-BOS-min 462 $.4 �-C S SELEC TMEN'S M'ETI NG October 6, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building , on Monday, October 6, 1958 at 7:30 P.V. Chairman Maloney, Messrs . James, Tucker, Adams and Mrs . Morey were present Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present Mr . Gayer reported that he went over the Itek sewer plan with Mr. Howard who was of the same opinion as the Board expressed last week that the funds ap- Itek Sewer propriated by the Town Meeting should be used and for- get the overall plan for the present time . Mr. Howard' s plan was overall for sewering the entire area but it is felt now that a design should be made only for the trunk to Itek, keeping in mind the possible future expansion in the Itek area. The Chairman asked what other funds were going to be used and Mr. Jams s explained that the thought was to use Federal rounds. Mrs . Morey recalled that a statement was made at the Town Meeting to the effect that until something was done about the access road the money would not be used. Mr. Stevens explained that was not included in the vote , and was just an oral explanation. The Chairman pointed out that Itek could not have the building unless there was sewer in the area Mrs . Morey asked if it wasn't intended to have the study of the entire area and the $12,000 was to be used for a specific trunk. Mr. Gayer said he thought that, for Itek, the Town should Use the money appropriated to obtain the design and be ready for Itek The Chairman said he did not think the trunk line should be constructed unless it is certain that it will take care of the entire area Mr. Gayer said the topo survey would determine where this line will have to go. Mr. Tucker asked how soon Itek intends to build and the Chairman replied that the option has been taken up and they want to proceed very soon People have been here from Washington, looked the area over and while it is a little early, they think the road will go through but it will have to be in the 1959 budget. Mr. Gayer asked if the Board wanted to proceed or 463 defer action, and Mr . Adams replied that the thought was to have it ready. Mr. James said that, in view of the explanation given at the Town Meeting, the Board should be sure Itek is going ahead promptly, and when the Board knows that, it can go ahead with the design. Mrs . Morey suggested that the Board contact Mr. Aldrich in an effort to obtain more definite informa- tion and she said that Federal funds should be requested for the overall study. Mr. Stevens said that the Town Meeting vote was to prepare plans for a system of sanitary sewers to serve principally the M 1 area and it was explained that this sewer would go through residential area He said there was no thought at that time to spread it out to cover the other side of Bedford Street and was explained as a sewer to take care of the M 1 area. Mrs . Morey said that Itek should be told if the Board is going to ask for the funds in March it should know three months before March what their schedule is The Chairman agreed to discuss the subject with Mr. Aldrich. Mr. Gayer reported that he opened bids for painting I the standpipe . However, M D.C . now plans to put a top on the tower at Turkey Hill and that tank will be out of service . He recommended rejecting all bids and post- Standpipe. poning the job until next year. He said he had the painting tank examined and it will possibly be to the Town' s ad- bids vantage to wait, as more of the scale will be off and there will be less blasting. It was agreed to reject all bids, advise the bid- ders of the reason and ask for new bids next year. Mr. Gayer reported that he opened bids on the Bat- tle Green Sprinkler . He said that Larchmont Engineering was low bidder with one of their proposals which is dif- ferent that the specifications, but considerably lower. Battle Green He reported that there were five bidders and he recom- Sprinkler mended obtaining a statement from Larchmont that the system will work as the Town wants it to work and award the contract to them. Mr. James said Larchmont Engineering has a bid which meets the specifications and an alternate which does not and is lower. Mr. Gayer said that was correct . Mrs. Morey referred to the alternate lower bid and asked how delep the pipe is to be buried. Mr. Gayer replied that it will be twelve inches . Mrs . Morey asked if the specifications called for 464 1"'' ►-C six inches and Mr. Gayer replied in the affirmative . It was agreed to obtain a statement from Larch- mont Engineering, as suggested by Mr. Gayer, and award the contract, Larchmont being the low bidder. Mr. Gayer read a letter from Brewer & Lord, ad- vising that it is necessary to file a new statement of values in order to obtain a new blanket rate on the Town schedule . With the greater value on unsprinklered buildings, they recommend carrying 80% insurance to value as they can get 10% more insurance for 5% increase in rate . The Chairman said that he did not think there is much to do but to accept schedule as prepared Insurance Mr. Adams said that perhaps this is the time to have a group, such as the League of Women Voters, give the Board a report . Mr. James said that Mr Cave gave the Board a very complete re ort on the subject of Town Insurance about five years ago. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to approve the application for Brewer & Lord to file with the New England Fire Rating Association. Mr . Stevens said that he had a Taking Order, to be Drainage signed, for a drain in a portion of Middleby Road from Taking Outlook Drive down to the brook, land acquired from Order Famosi. Upon motion duly made and seconded, it was voted to sign the Order as follows : COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 6th day of October, 1958, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or other- wise , subject to the assessment of betterments or otherwise, 465 subject to the assessment of betterments or otherwise, and to take by eminent domain or otherwise acquire any fee , easement or other interest in land necessary there- for, and to appropriate for such installation and land acquisition the sum of $31,600.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account:', and WHEREAS the Selectmen have determined that it is necessary for the public convenience to construct drains for the purpose of surface and ground water drainage in the parcel of land hereinafter described 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, under land by virtue of the provisions of Chapter 263, of the Acts of 1926 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 the perpetual rights and ease- ments to construct, inspect, repair, renew, replace, op- erate , and forever maintain a covered surface water and ground water drain or drains 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 whole of that portion of Middleby Road, an unaccepted street in said Lexington, th. t commences at Outlook Drive and extends westerly and northerly for a distance of 708 .09 feet along the northerly and easterly side lines of Middleby Road and for a distance of 735.41 feet, more or less, along the southerly and westerly side lines of Middleby Road as shown on plan entitled "Plan of Drain Easement in Middleby Road Lexingt ai -Mass ." dated August 1958, Richard J Gayer, Town Engineer, to be recorded herewith, and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said portion of Middleby Road. Said rights end easements in the above described land are taken without interference with or prejudice to the rights of the respective owners, except so far as is reasonable necessary in the exercise of the rights and easements hereby taken, and there is reserved to the re- spective owners and their heirs, successors and assigns, all their respective rights in and to the use of their land for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. The land in which the aforesaid rights and easements 466 S Are taken is believed to belong to the following named parties but if thename of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Owner Lots as shown on aforesaid elan Howell C . & Janet F. Rice, husband and wife 153 Frank H . & Marion F.Hannaford trustees Unnumbered Jesephine P. & Newton V. Crandall, hus- hand and wife "A" Otis J. & Hannah M. Conner,husband and wife 154 Town of Lexington Unnumbered No betterments are to be assessed for this improvement . And said Board, having considered the question of dam- ages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this 6th day of October 1958 /8/ William E. Maloney Selectmen of Raymond W . James Lexington Ralph H. Tucker Ruth Morey Alan U . Adams COMMONWEALTH OF' MASSACHUSETTS Middlesex, ss . October 6, 1958 Then personally appeared the above named William E. Maloney, Alan G . Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known `o me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledged the foregoing in- strument to be their free act and deed, before me . /s/ Hazel J. Murray Notary Public My commission expires :Nov 21, 1964 467 Mr. Stevens also had a Taking Order, to be signed, for a sewer which will involve a suit for damages . This is a sewer main from Marrett Road to Kendall Road. It Sewer will run through a rear lot owned by Otis J. Conner, et Taking al, and they are unwilling to grant the easement , and Order are represented by Mr. Tropeano. No betterment will be assessed, as the Conner house is sewered from Kendall Road. A sewer is being built in Marrett Road and bet- terments have already been assessed on that. Upon motion duly made and seconded, it was voted to sign the Order as follows COMMONWEALTH OF MASSACHUSETTS Middlesea, ss . Town of Lexington At a meeting of the Board of Selectmen of + he Town of Lexington held on the 6th day of October, 1958, it is ORDERED Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned seasion thereof duly held on March 17, 1958, in accord- ance with the provisions of law ap4licable thereto, it was unanimously "VOTED; 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 un- accepted streets or other land as the Selectmen may deter- mine , in accordance with Chapter 504 of the Acts of 1697 and all acts in amendment thereof and in addition thereto, or otherwise, and to take b, eminent domain or otherwise acquire any fee, easement or other interest in land nec- essary therefor; and to appropriate for such installation and land acquisition the sum of $169, 650 . and that payment be provided by the transfer of $52,650.00 from the Sewer Assessment Fund, the raising of $52, 000, in the current 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 approval 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 )14 of the General Laws, as amended, within a period not exceeding twenty years ." , and L 9 RTAS the Se le c L,uen have determined a sanitary sewer main should be located in the land hereinafter described. NOW, TH7R'EFORr , we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly 468 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, op- erate 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 a certain strip of land in said Lexington extending from Marrett Road to Kendall Road and bounded and described as follows Beginning at a point in the northerly side line of Marrett Road, which point is situated 82.76 feet easterly of a Massachusetts highway bound; thence running North 30°31120" East distant 113 .28 feet to a point ; thence turning and running North 40°58 '49" West distant 486.38 feet to a point; thence running North 47°58 ' 02" West distant 150 feet to a point in the southeasterly side line of Kendall hoad, thence turning and running North 42°01'58" East along said southeasterly side line of Kendall Road distant 10 feet to a point; thence turhing and running South 47°58'02" East distant 150 feet to a point_in tits ,soutbe,aat r),y-booms ary,,4 Lot 4;' ec nturning a running South 4W-58i49" mast distant 503.25- trt to a point , thence turnin-- and running South 30°31120" West distant 122.99 feet to a point in the northerly side line of Marrett Road; thence turning and running North 72°13 '00" West along said northerly side line of Kendall Road distant 20 .50 feet to the point of beginning all as thown and marked "Sewer Easement" and "Permanent Easement" on plan entitled "Plan of Sewer Easement From Marrett Road Thru Private Lands to Kendall Road Lexington, Mass " dated April 14, 1958, Richard J. Gayer, Town Engineer, to be recorded herewith. And we do hereby also so take the temporary construc- tion easements, for use in constructing the sewer to be installed in the permanent easement hereinabove described, in a strip of land having a uniform width of ten (10) feet and being bounded and described as follows Beginning at a point in the southeasterly side line( of Kendall Road, which point is the most northeasterly boundary of said permanent easement, thence running South 47°58102" East along said permanent easement distant 150 ::thence turning and running northeasterly along said south- easterly boundary of said Lot 53A distant 10 feet to a point; 469 feet to a point in the southeasterly boundary of Lot 53A; thence turning and running northeasterly along said southeasterly boundary of said Lot 53A distant 10 feet to a point ; thence turning and running North I7°58'02" West distant 150 feet to a point in the south- easterly side line of Kendall Road; and thence turning and running South 42°01'58" West along said southeasterly side line of Kendall Road distant 10 feet to the point of beginning, all as shown and marked "Temporary Easement" 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 con- dition 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. II Said rights and easements in the land included with- in 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 exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all 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 pur- poses hereinabove mentioned. On each 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 land included within the above described parcel are included within the taking. The land in which the aforesaid rights and ease- ments 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 11 not correctly stated, it is to be understood that such 4i ® land or interest is owned b,7 an owner or owners unknown to us : Owner Lots as shown on aforesaid plan Leon A. & Edith M. Burke, husband and wife 1 Robert L. & Carolyn S. Burke , husband and wife 2 Amos J Jr. & Sylvia M. Carr, husband and wife 53 and 53A 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 sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 6th day of October 1958 /s/ William E. Maloney Ruth Morey Alan G. Adams Raymond W. James Ralph H. Tucker Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 6, 1958 Then personally appeared William E.Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen hit' the Town of Lexington, and acknowledged the foregoing 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 Nov. 21, 1964 471 Mr. Stevens retired at 8 15 P.M. Upon motion duly made and seconded, it was voted to grant the petition, submitted by the Boston Edison Company and the New England Telephone & Telegraph Com- pany, for the following pole location: Bow Street, southeasterly side approxi- mately 185 feet northeast of Winn Pole Avenue , --One pole location (One existing j/o pole to be removed. ) Petition was received from the New England Tele- phone and Telegraph Company for permission to enlarge three manholes, to lay and maintain underground con- duits, cables and wires No action was taken, the Board desiring more detailed information. The Chairman read a letter from Reiss Associates, Inc . , with reference to land located between Hinchey Road and Westview Street Inasmuch as the new access Reiss road and the surrounding streets wiiLbe much higher land than the level of the present pit, the corporation would like to know if theTown would give considera- tion to the use of this area as a Town dump. Mrs. Morey suggested, and the Board agreed, to refer the subject to the Planning Board The Chairman reported that Mr. Bertram Gustin re- commended appointing Donald B Cobb to serve on the Town Celebrations Committee . Mr Cobb is thirty-two years of age , lives at 14 Hayes Lane and is a school teacher It was agreed to invite Mr Cobb to meet with the Board at the next regular meeting. Upon motion duly made and seconded, it was voted to sign a Sewer Order for the construction of a sani- Sewer Order tory sewer in Fremont Street from Asbury Street a distance of 2151 - southwesterly. Upon motion duly made and seconded, it was voted to sign a Sidewalk Order for the installation of a side- Sidewalk walk in Simonds Road along the southerly side from Bert- Order well Road to Preston Road a distance of 2101±. The decision relative to deferment of a street betterment assessment levied against property on More- land Avenue owned by John A. Wilson was held over. Mr. Gayer was instructed to find out whether or not the property is legally laid out. 472 The Chairman reported that the sixty-day trial period on the traffic amendments relating to Muzzey, Traffic Clarke and Raymond Streets will expire October 11, 1958 . Rules & Reg. Mr . Adams reported that he received one complaint from Dr. Potter, at the Medical Center . He was concerned only with Raymond Street. Mrs. Morey said that she is still in favor of chang- ing Raymond Street to one way in the opposite direction. Mr. Gayer st=ated that he had some doubts as to whether or not the State would approve . The State re- presentative who made the traffic count advised him that the State would consider making Raymond Street one-way but not in the reverse direction frim what it is now. The Chairman said that he did not think one or two complaints were enough to warrant a change Mr. Adams said he was inclined to have Raymond Street two-way traffic . He also felt that more signs are needed. Mrs . Morey said she wished to be recorded in op- position. Upon motion duly made and seconded, it was voted to adopt the following amendments to the Lexington Traffic Rules and Orders on a permanent basis : AMENDMENT TO THE TRAFFIC RULES AND ORDERS, TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SEIE CTMEN October 6, 1958 VOTED: That the Traffic Rules and Orders of the Town of Lexington adopted by the Board of Selectmen, October 7, 1935 and subsequent amendments thereto be and are hereby further amended by adding at the end of Article VII, Section 1, the following new descriptions (One Way) Muzzey Street - southerly, from Massachusetts Avenue to Forest Street Clarke Street - northerly, from Forest Street to Massachusetts Avenue Raymond Street - easterly, from Clarke Street to Muzzey Street Date of Passage - October 6, 1958 Selectmen 4/ Raymond W. James ' of Ralph H. Tucker Lexington Alan G . Adams Attest James JA Carroll --Taw-n--r.,le i't 473 The Chairman reported that Mrs . John C . Morgen- stern, 390 Lowell Street, telephoned and asked to have No Parking signs erected to prevent parking on Lowell Street from the intersection of Woburn Street down Parking four or five houses . The cars now obstruct private driveways . Mr. Gayer said he would go down and check the area. Mr. Adams suggested, and the Board agreed, that the complaint be referred to the Traffic Study Com- mittee for consideration at its meeting on Thursday Chief Rycroft met with the Board, at which time Mr. Gayer and the Clerk retired A true record, Attest 117% x-"uti Cle k, Sele toren C /� F