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HomeMy WebLinkAbout1957-12-09-BOS-min 160 SELECTMEN'S MEETING December 9, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 9, 1957 at 7:30 P.M. Chairman James, Messrs. Maloney, Tucker and Mrs . Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Couhsel, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of four jurors. The following individuals were drawn for jury duty: Charles R. Alexander, 62 Reed Street, Joseph G. Connors, 54. Harding Road, Anthony Frasca, 987 Waltham Street and Thomas P. Cerulli, 249 Lowell Street. Mr. Carroll retired. Petition was received from the Boston Edison Company for the location of one pole on Muzzey Street. Pole Mr. Gayer explained that the installation of a Side- location walk necessitated relocating one pole. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following pole location: Muasey Street, northwesterly side approxi- mately 135' southwest of Forest Street, -- One pole. (One existing pole to be removed. ) Petition was received from the Boston Edison Company Pole and the New England Telephone and Telegraph Company location for permission to locate nine poles, guy wires and anchors on Eldred Street. Mr. Gayer stated that since the street has been accepted by the Town, the petitioners apparently want to bring their records up to date and the Chair- man explained that this petition is merely a formality. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following pole, guy wire and anchor locations : Eldred Street, northwesterly side north- easterly from a point approximately 25 feet northeast of Bedford Street, -- Nine poles Guy wire and anchor on second, eighth and ninth poles. 161 The Chairman read a letter from Alfred P. Tropeano requesting installation of larger street lights in front of his building at 114 Waltham Street. Street Mr. Maloney suggested that Mr. Tropeano be ad- light vised that the Board is having a survey made by the Boston Edison Company relative to better illumina- tidn for the entire area and when the inforgpation is received, he will be advised. Letter was received frpm Maxfield Parrish, Jr., 7 Paul Revere Road, complaining about the removal of trees on Massachusetts Avenue for a sidewalk. Mr. Gayer reported that the trees have been taken down and the base course is in. Sidewalk Mr. Tucker inquired about the number of trees removed and Mr. Gayer reported that there was about a half dozen. He said that two or three were saved that it was believed in the beginning would have to be taken down. It was agreed to advise Mr. Parrish that the work is so far advanced now there is nothing further to be considered. Mrs. Morey said she thought that before the Town does any more Chapter 90work, the sidewalks should be Sidewalks II put in and assessments levied without any questions being asked. The Chairman said that last week, after discussing estimate of cost with Mr. Gayer relative to taking out the curve at Massachusetts Avenue and Pelham Road, the Curve at suggestion was made that an accident report be obtained Pelham Road from the Police Department . He read the report submit- ted by Chief Rycroft which explained six accidents that occurred between the period of April 27, 1953 to''Decem- ber 14, 1956. Of the six accidents, two involved per- sonal injuries. Mr. Gayer presented plans and explained possible solutions to the problem. He also explained by use of the plan what the State felt should be done last- year. Mr. Gayer said he would try to see what he could work out in regard to relocating Pelham Road. Mr. Tucker suggested placing deflectors on the curve and Mr. Gayer agreed to check into that also. Mr. Stevens brought up the matter of the better- ment assessment of $4,243.00 assessed by the Board on Foley better- April 15, 1957 upon Howard W. Foley and othersy 5 ment abated Harrington Road, Lexington, in connection with the lay- ' II, ing out and construction oe Worthen Road. This better- ment had been assessed on the Foley land, although such land did not actually abut on Worthen Road, because bf the representation by Dr. Foley to the Town Meeting 162 19-996 when the laying out of the road was accepted that he had entered into arrangements to acquire the small strip of land lying between his property and Worthen Road from the owners, Mr. and Mrs. Ruben L. Seth, and Mr. and Mrs. James O. Maxner. It now appears that Dr. Foley has not acquired title to this intervening strip and he and the other owners of the property have brought a court pro- ceeding against the Selectmen, ask&ng that the better- ment be determined to be invalid. Mr. Stevens said that since the intervening parcel had not been acquired by the Foleys, the basis on which the betterment was assessed no longer applied and he recommended that the betterment be abated. After consideration thereof and upon motion duly seconded, it was unanimously voted: To abate the street betterment of $4,243.00 assessed to Jane A. Foley, Mary H. Foley and Howard W. Foley, 5 Harrington Road, Lexington on April 15, 1957 and all in-9 terest thereon. Mr. Stevens said he had prepared en Order of Taking of three parcels of land for the Junior High School. He indicated on a plan the properties owned by the Town, Gray, Ives and Millican, and presented a statement signed by John H. Millican as follows : I, John H. Millican of Lexington, Middlesex Count,, Massachusetts, hereby consent to the taking by the Town of Lexington of a portion of my land situated easterly Order of of Burlington Street in Lexington and shown as a parcel Taking, Jr. of 3370 square feet more or less on plan hereinafter High mentioned, reserving however all claims to damages for School such taking, and waive any hearing prior to such taking. Said parcel is shown on a plan entitled "Fart of Junior High School Site at Burlington & Hancock Streets, Lex- ington, Mass.", dated November 22, 1957, Richard J. Gayer, Town Engineer. Mr. Stevens explained that the statement was ob- tained from Mr. Millican because the land being taken is used for agricultural purposes. Upon motion of Mr. Maloney, seconded by Nr, Tucker, it was voted to adopt an Order of Taking 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 this 9th day of December, 1957, it is ORDERED:- Whereas by a unanimous vote of a Town Meeting duly called, warned and held on the lEhday of SiRptember, 1957, the Selectmen were authorized and 163 empowered on behalf of the Town of Lexington to take by eminent domain or otherwise acquire the land here- inafter described for school and playground purposes or for access thereto, 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 maj- ority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by vir- tue of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts in amendment thereof and in addition thereto, and of any and every other power and wuthority us hereto in any way enabling, take in fee in the name and on behalf of the Town of Lexington for school and playground purposes and for access thereto the following three parcels of land situated on and easterly of Burlington Street in said Lexington and bounded and described as follows : Parcel 1. A parcel of land bounded: Westerly by Burlington Street, one hundred twenty-five (125) feet; Northerly by lots C-1 and C-2 as shown on plan hereinafter mentioned, two hundred thirty-six and 50/100 (236.50) feet; Easterly by Lot E as shown on said plan and by other land now or formerly of John H. Millican, eighty (80) feet; and Southerly by land now or formerly of John H. Millican, two hundred twenty- six 1226) feet; and containing 23,700 square feet, more or less, as shown on said plan. Said parcel is shown as lot D on plan entitled "Plan Showing Part of Junior High School Site at Burlington & Hancock St 's. Lexington, Mass." dated November 22, 1957, Richard J. Gayer, Town Engineer, to be recorded herewith. Parcel 2. A triangular parcel of land bounded: Southerly by lot D as shown on the plan here- inabove mentioned, ninety-three (93) feet; 164 1 �-C Northwesterly by lot C-1 as shown on said plan, ninety-seven and6 /100 (97.65) feet; and Easterly by lot E as shown on said plan, thirty-eight (38) feet; and containing 1,760 square feet, more or less, as shown on said plan. Said parcel is shown as lot C-2 on said plan. Parcel 3. A parcel of land bounded: Westerly by lots C-2 and D as shown on the plan0he einab ve mentioned, fifty-eight and 8Northerly by land of the Town of Lexington, one Hundred and ten (110) feet; Southeasterly by land now or formerlyof John H. Millican, one hundred twelve and 9 /100 (.12.96) feet; and Southerly by land new or formerly of John H. Millican ten (10) feet; and containing 3,370 square feet, more or less, as shown on said plan. Said parcel is shown as lot E on said plan. This taking is make subject to the sewer ease- ment taken by the Town of Lexington by order dated November 21, 1938 and recorded in said Deeds, Book 6258, Page 274, which easement is indicated on the aforesaid plan and marked "25 ' Sewer Easement." All trees upon said land and structures affixed thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: OWNER LAND AWARD Freeman M. Gray and Stella L. Gray Parcel 1 $3.00 Robert S. Ives and Anne Ives Parcel 2 $1.00 John H. Millican Parcel 3 $1.00 I L 165 In so awarding damages we have awarded them to the supposed 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 stated or is not correctly stated, it is to be understood that such interest is owner by an owner or owners unknown to us, and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for the improve- ment for which the taking is made . WITNESS our hands and seals in said Lexington the day and year first above written. Ralph H. Tucker Raymond W. James Ruth Morey William E. Maloney Majority of the Board of Selectmen IICOMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. December 9, 1957 Then personally appeared the above-named Raymond W. James, William E. Maloney, Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowleed the foregoing instrument to be their free act and deed, before me, Harold E. Stevens Notary Public My commission expires: September 16. 1961 Certificate of Vote I, James J. Carroll, Clerk of the Town of Lex- ington, hereby certify that at the Town Meeting duly called, warned and held on the 16th day of September, 1957, the following vote was unanimously adopted: 166 "VOTEDh n WFit h fS c g414 be and hereby are authorized/Eo purcase, e by eminent domain or otherwise acquire for school and playground purposes or for access thereto, the fee, any easement or other interest in any part or parts or all of the following parcels of land situated in Lexington: situated 1. A parcel/a or near the intersection of Hancock and Burlington Streets believed to be owned by Freeman M. Gray and Stella L. Gray, which is shown as Lot D on a plan entitled "Plan of Land in Lexington, Mass." dated December 22, 1950, L. C. Brackett & Co. Civil Engineers, recorded in Middlesex South District Regis- try of Deeds as Plan no. 301 of 1951 in Book 7716, Page 87. 2. A parcel of land situated on Burlington Street believed to be owned by Robert S. Ives/and shown on the aforesaid plan as Lot C. nne yes 3. A parcel of land abutting on and situated north- easterly of the aforesaid Lots D & C and believed to be owned by John H. Millican, and that the unexpended balance of the sum of $65,000.00 appropriated for acquisition of land for school and playground purposes in the vote adopted under Article 17 of the warrant for the Special Town Meeting held on November 19, 1956 be and hereby is made available for such land acquisition." A true copy. ATTEST: James J. Carroll Town Clerk The Chairman referred to Mr. Anthony Grazianots meeting with the Board relative to certain lots located on Philomen Street and said that he had discussed the Graziano subject with Mr. Cronin today. Some of the lots are lots partly in Arlington and some partly in Lexington. Some of the lots which Mr. Graziano says he owns are being asseeded to one George Jordan, of Arlington, now deceased. At least three of the lots were sold by Jordan to someone else who sold them to Graziano and no deed was ever passed. Mr. Stevens said that this is nothing which the Selectmen have anything to do with and it is entirely outside of their jurisdiction. Be laid he was sure the 167 Assessors would talk with Mr. Graziano and if it develops that they need legal adviee, Mr. Cronin can get in touch with him. It was agreed to write Mr. Graziano and suggest that he bring to the Board of Assessors the deeds he has, and that are recorded at the Registry, showing the property he believes he owns . If advi_Oe of Town Counsel is required, Mr. Cronin will contact him and arrange for a meeting in the Assessors ' Office. Mr. Gayer referred to street construction and installation of sewer in Boulder Road. Mr. Stevens explained that he was requested to prepare a grant of easement. Where it goes down to a boundary line onto Burlington Street, the owners are not willing to grant the easement. He said he was told these owners would want damages and it will become an expensive proposition and explained that a taking would have to be made because they are not willing to grant the easement. He reported that he went up and looked at the area and these two people on the top of the hill can't be sewered. Under the circumstance, he felt that the Board would want to consider postponing any action until it sees what develops. II The Chairman said the Board should postpone action and abate on those two lots. Mr. Stevens asked if they had been assessed and Mr. Gayer replied in the negative. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to abate in full the betterment assessed on land of Waldo F. & Katherine M. Davis in connection with the installation of sewer in Boulder Road from Abatement Blake Road a distance of 375' 4' in the estimated amount of $610.51 This betterment, which has not been committed, was set forth in the schedule of estimated betterments at- tached to the Order of Taking, and was adopted on April 22, 1957 and recorded in the Middlesex South District Registry of Deeds on May 17, 1957, Book 8950, Page 605. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to abate in full the betterment assessed on land of Helen C. Fernald in connection with the in- stallation of a sewTr in Boulder Road from Blake Road a distance of 375' - in the estimated amount of $549.49. This betterment, which has not been committed, was set forth in the schedule of estimated betterments at- tached to the Order of Taking, and was adopted on April 22, 1957 and recorded in the Middlesex South District Registry of Deeds on May 17, 1957, Book 8950, Page 605. Mr. Stevens retired at 9:10 P .M. 168 Letter was received from Pitney-Bowes, Inc. , ad- vising that the sales representative W. F. O'Connell understood from Mr. Maloney that the Board is in favor of Metered Mail. The Chairman explained that no definite action was taken and asked if the Board wanted to include an item in some budget. The Board was in favor of purchasing equipmentnneees- sary to establish a Metered Mail System and agreed to include &n item in the Selectmen's Expendes budget for 1958; the i1tet-equipment, if purchased, to be placed in whatever office the Board determines. Letter was received froii Claude J. Harvey, 203 Boston Road, Chelmsford, requesting permission to have the diner formerly owned by J. J. Waldron moved by A. H. LaFleur, a licensed mover, of Worcester to Chelmsford via Route !.. The Board agreed to issue a permit and advise Mr. LaFleur that it is his responsibility to obtain permission from the State to travel over the State highway, as the Selectmen can grant him permission to travel over Town ways only. The Chairman read a letter from the Fire Com- missioners stating that they notice the traffic lights at the Center Station have been relocated. and in their tpinion it is. unfortunate that the lights in front• of the station were not located 20 or 30 feet nearer Lexington Center. Mr. Gayer said he in under the impression the two lights to which the Commissioners refer have not been moved. It was suggested and agreed that the Chairman and Mr. Gayer would arrange ba meet the Commissioners in an effort to determine what they have in mind. Notice was received from the Secretary of the Com- monwealth advising that Gilbert G. Barclay, 3L. Sherburne Road and others, not residents of Lexington, has applied for a Certificate of Incorporation. Satisfactory character reference was received from the Chief of Police. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to sign a certificate of character and return it to the Secreatry of State. Upon motion of Mr. Tucker, seconded by Mrs. Morey, Tax title it was voted to sign a deed, prepared by Town Counsel,, conveying tax title lots 1 and 2, Block: 18, Reed Street to James F. Sawyer, et ux, 5 Center Street, Lexington. 169 Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the following licenses : Countryside Pharmacy 317 Woburn St. Com. Vic. Mani. ) Five Forks Spa 286 Lincoln St. " tt " Elwell Inc. 55 Mass . Ave . " Regent Delicatessen 1729 Mass. Ave. " " " Old Coffee House 1775 Mass . Ave . " " " Connors Bros. Inc. 1777 Mass. Ave. Pakg. Gds. Stre. hien.) Berman's Market 12-14 Mass. Ave. " " Mr. Gayer reported that the Road Machinery Account is low and he will need $110 for gas, labor will run about $650 and repairs for the balance of the year will make a total of $4,000. The Chairman inquired about the shortage and Mr. Gayer explained that the main reason is that he has gone through most of the equipment on a preventative mainten- ance program. The Chairman asked if the gas went into all the equipment and Mr. Gayer replied in the affirmative. The Chairman asked what the repair item was and Mr. Gayer explained that it should be parts only, as there is very little work going out. The 8hairman asked if that item did not include labor except as he may have it done outside and Mr. Gayer replied in the affirmative. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to request the Appropriation Committee to transfer the sum of $4,000 from the Reserve Fund to the Road Machinery Account . Mr. Gayer referred to the installation of sewer and water for MacNeil's building and said that he called Susi and DiSantis . They are not interested in doing this under the contract because they have a job in Burlington. H Water & said that the major portion of the work will be on Merlam Sewer Street which he thought wo4LAake a week. He stated MacNeil that he had $7400 of which/WM to Whitman & Howard Building for plans so there are sufficient funds to do the work, but he did not think he would have the time. The Chairman said that meant in order to get the work done reasonably soon, it would have to go out on bid. Mr. Gayer then suggested that this project be done by the Town and he could hire someone to put in services. It was agreed that the work in connection with Mr. MBNeil 's building is to be done by Town help and if necessary Mr. Gayer was authorized to rent a backhoe to do services. 170 a . Mr. Gayer explained a solution he arrived at rela- tive to providing sewer fcm'the Motel and the Board authorized him to proceed as indicabed. on a plan he presented. Mr. Gayer retired at 9:50 P.M. Mr. M. Lawrence Allen, Chairman of the Recreation Committee, mein with the board. He reported that the long-term/ AW/ thermvimmimg pool will cost $5,000 and not over. The Chairman asked if that figure included pumps, piping, filter bed, etc. , and Mr. Allen replied that he understood it includes all the equipment necessary. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to request the Appropriation Committee to transfer the sum of $5,000 from the Reserve Fund to the Rebreation Committee Expenses Account, and advised the Committee that the Recreation Committee will explain the request for additional funds and why it is being made at this time. The meeting adjourned at 10:05 P.M. A true record, Attest: aec iv Clerkv Selec men c V