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HomeMy WebLinkAbout1957-11-04-BOS-min 103 SELECTMEN'S MEETING November 4, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 4, 1957 at 7:30 P.M. N s rs. Reed, Maloney and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Bertram P. Gustin came into the meeting and said that arrangements have been made to conduct Thanksgiving services on the evening of November 24th in the Senior High School Auditorium. The services will include Catholic, Protestant and Jewish faiths Thanksgb g and the speaker will be Judge Felix Forte. Musin services will be furnished by the Lexington Choral Society. Mr. Gustin explained that the entire Board is invited to attend and the Committee would like to have someone from the Board, preferably the Chair- man, read the official State proclamation. The 111 program will commence at 8:00 P.M. Mr. Gustin reported that the Committee has 1a little money left and will need a little more to pap the school custodian and for printing the programs. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to have Mr. Reed serve as Chairman in the absence of Mr. James. The Chairman read a notice from the Department of Public Utilities re petition of the Boston and Maine Railroad for approval by the Department of the substitution of present protection Monday through Friday from 6:15 A.M. to 12:00 Noon and from 4:50 P.M. to 5:30 P.M. at its Woburn Street grade crossing for Woburn protection by stopping trains before crossing with Street a member of the train crew preceding train with a red erossing flag by day and red lantern by night. A public hearing is to be held in room 166, State House, on November 18th at 2:00 P.M. Mr. Stevens explained that this notice takes the place of the former petition for flashing signals and bells. He stated that it is difficult to oppose it as it is a safe way, the train has to come to a stop. Mrs. Morey said it is a safe way to a point. She has been many, many people skid at the North Lexington crossing. 104 `'' x Mr. Stevens reported that this Stop and Protect method is used at Lake Street, Arlington, where the traffic is heavy. He suggested that the notice be re- ferred to the Traffic Study Committee and also that a copy be sent to the group that was interested in the original petition. Mr. Stevens referred to the petition of the Boston and Maine Railroad to discontinue two trains. The Chairman read a letter from the Brotherhood of Railroad Trainmen stating that the D.P.U. has changed the hearing dates at up in November to December 3, 4 Hearing and 5 in the Gardner Additorium to start at 10:00 A.M. re : on December 3. Curtailment Mr. Stevens suggested that the Board of Select- of Train men hold a public hearing in Estabrook Hall and invite Service all interested citizens to attend. He further suggest- ed that .the Board insert a notioe in the paper and ask Mr. Adams to give the subject some publicity in the editorial column. It was agreed to schedule a hearing in Estabrook Hall oh Monday, November 18th, at 8:00 P.M., the Board to begin its regular meeting that night at 7:30 P.M. and return, if necessary, after the hearing in Beta- brook Hall. Mr. Marden, representing the Boston Edison Com- pany, met with the Board. He explained that he came out this evening at Mr. Gayer's suggestion in regard to proposed changes in street lighting on Massachusetts Avenue. He re- ported that the company's lighting engineer has made Street recommendations and thought he laid this out about lighting nine years ago. He said the lighting is not too bad now. If the Board desires to improve it and bring it up to more modern standards, he recommended 15,000 lumen lights. He reported that the City of Waltham has them on Main Street; Watertown will have them on Galen Street. The estimated increase in cost for 15,000 lumen lamps would be $7.30 per year. He explained that the job has not been engineered out in the field to deter- mine the installation cost, but it might cost the Town between $3,000 and '$L1 ,000 for making changes in the street lights on Massachusetts Avenue between the points in question. Mrs. Morey asked if any thought had been given to improving the lighting without changing the lumens. She explained that she meant more poles or different placement of poles. Mr. Marden replied that the pole locations are very desirable, and it would be just an increase in lumens. He said if the company put in incandescent lights, the operating cost will be more. 105 Mr. Gayer mentioned the color of the lights and Mr. Marden stated that they do have a light color, greenish blue. He said there has been no objection from any of the susto a s, that they are being accepted, and Needham has just/tEMm put in their shopping center. He said that in Quincy all the lights will be of mercury vapor type of installation. The Chairman asked if Mr. Marden was referring to replacing the fixtures that now exist, and he replied in the affirmative. Mr. Marden said that they would put on a bal- last and a new luminaire on the present pole. He explained that they have to rewire in the manholes. The Chairman asked if the Board extended it be- yond the now existing underground lighting system if it would be less expensive to do it at this time. Mr. Marden replied that if the lights to be replaced are twenty-five years or are older than the p esent ones then the average age would be more than fine years and the company would absorb more of the cost. He said, however, that Waltham Street would be a separate street itself. Any installation on that street, the average age is over twenty-five years so there would be no installation charge. He said that he did not know what the lighting engineers would recommend. As far as installation cost is con- cerned, there would be none for the Town of Lex- ington. If the wires were underground, however, that would be different. If the fixtures are twenty-five years old and the company is just replacing the lamp post, there would be no cost to the Town. The Chairman said he was thinking about Muzzey and Clarke Streets as it is dark on both those streets. Mrs. Morey asked how many poles there are on Massachusetts Avenue and Mr. Marden replied in the area considered, from Bedford Street to Woburn Street, there are thirty-two. He said a hurried estimate figures about $10,000 as the overall cost. He explained that they deduct the added new business and take a propor- tionate amount of the bill 9/25's which will cost the Town about $3500. He said he would obtain an exact cost from the engineering department and there would be no obligation. However, if it is something the Board is not interested in at the moment, they would hesitate to tie up their engineering department. Mr. Gayer explained that the Chamber of Commerce originally brought the subject up and he was asked to obtain an estimate of the cost. The Chairman asked if this was something Mr. Gayer expected to do now or next year, and Mr. Gayer replied that it is something to be included in next year's budget. 106 1-1 2 The Chairman suggested obtaining a cost estimate for the budget to include Massachusetts Avenue, Waltham Street, Clarke and Muzzey Streets. Mr. Maloney said he thought the estimate should be obtained now. The Chairman requested Mr. Gayer to obtain an exact figure for the 1958 budget. Mrs. Morey explaifted that the Board must not do any- thing in the area by the Library without consulting the Historic Districts Commission. She asked if the Board could have a figure also for putting brighter lighting down Clarke Street, down Muzzey Street and down Waltham Street and keep what is on Massachusetts Avenue. The Chairman said he was asking for an estimate of the installation cost and he assumed there would net be any on these other streets. Mr. Maloney said he did not think there should be a very bright light coming into Waltham Street and then enter into darkness on Massachusetts Avenue. He said there is much better lighting in the parking area. than there is on Massachusetts Avenue and he thought every- thing should be considered. Mr. Gayer avid he was considering going down to Park Drive on Waltham Street and asked if the Board wanted to go down that far on Muzzey Street. Mr. Maloney said he would think so. The Chairman asked if an estimate could be pre- pared by December 31st and Mr. Marden replied in the affirmative. The Chairman referred to the road between Depot Square and said that it seemed to him that something should be done to improve the lighting in that area. Mrs. Morey recommended Meriam Street as far as the railroad crossing. The Chairman said that something ould be done with the semicircle going in around/Dk t. Mr. Marden said he would have an engineer make a report. Mr. Marden said that there is a lamp post at the Town Hall which the Town wants moved and for which there will be a charge. Mr. Gayer explained that it is necessary to move it because the driveway is to be widened. Mr. Marden said that his suggestion would be that the Board take the pro rata cost now and see what happens when it decides on Massachusetts Avenue at some later date,. Mr. Marden retired at 8:35 P.M. Mr. Stevens referred to the Great Meadows and said it seems to him that the Board should consider 107 this and reach some conclusion as to the procedure to be followed. Arlington is looking for something from Lexington as to 'what Lexington would like to see done with and about it. He said he thought the Selectmen and the Planning Board should consider it and see what is to be done. He stated that the attitude of those in Arlington is that they would like to see it kept as an open area. Some of the people felt, where Great Arlington owned it, Arlington*stay in the *should Meadows picture and possibly own it jointly. Mr. Greeley felt that Arlington had enough to do without spending money on it. Mr. Stevens suggested that where it is in Lexington and Arlington did not need it for water purposes, they should drop out of it and Lexington should acquire the area if Lexington wants to do so. He also suggested that if Lexington is going to acquire it, it would require legislation and Lexington would have to proceed by eminent domain and work out some agreement with Arlington. He said he thought everything he said was favorably re- ceived. He said if the Board feels it is something it wants to go into, he thought it should get started on the title examinations. The first step would be to get the Planning Board in on it and determine just what the area consists of. He said it would have to be put out on a plan as to what it is Lexington wants. The Chairman •said that when this Board became aware of the fact that Arlington had put an Article in the warrant requesting authority to seal the land, Lexington was opposed. He suggested getting an agree- ment from Arlington whereby they would give Lexington time to find out what it wants to do with tt. Mrs. Morey said that Mr. Greeley did bring up the subject of what Lexington would be willing to pay for it - assessed value plus 25%. She explained that the School Sites Committee is interested in get- ting a school site down in that general area and the Planning Board's by-pass road, if it gets going, would be in that area. Those two along would be worth obtaining title to it. Mr. Stevens said he thought the Board should find out roughly what the title situation is, but first it would be necessary to have a plan to know what it is Lexington wants. He said he thought Mr. Snow could come up with some kind of a compiled plan and then the Board would know more where it is going. Mr. Maloney asked if it was a function of the Planning Board to advise the Selectmen what it to be done with the area and Mr. Stevens replied that he thought so. He said the Board could ask them for a report and in 1 the meantime tell Arlington not to take any steps to dispose of the property and to keep it open for the time being. 108 'Ir. Maloney said he thought something should be done now. Mrs. Morey said that Arlington wants a letter from the Lexington Selectmen telling them that Lex- ington feels the land should be acquired by Lexington for the purpose of being maintained aa an area for recreation purposes as a mutual benefit to both com- munities. Mr. Stevens said it should be referred to the Planning Board at the same time. The Chairman requested Mr. Stevens to draft a letter to be sent by the Board to the Town of Arlington and Mr. Stevens agreed. The Chairman said that in the meantime the Board would inform the planning Board that some action should be taken by that Board. Mr. Stevens referred to a claim againstibhe Town for a street defect on behalf of Mary Ellen Bedrotti, a youngster. He reported that she stepped in a hole in a catchbason cover on August 197 1957 amd hurt her leg. Mr. Gayer has replaced the cover and said it looked as though it was a recent break. He said if it is recent enough so that the Town will not be held to have known about it, there is no claim on the Town, Mr. Buckley of Arlington filed a claim through the girl's father. She went to the doctor only once. Mr. Stevens said it seems to him that it would be well to dispose of the claim by settling for $50 which they will take. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to authorize Mr. Stevens to settle the claim for $50 and obtain necessary releases. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted an Order of Taking of certain land owned by Clarence Philip Shannon 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 4th day of November, 1957, it is ORDERED: - Whereas by a vote of a Town Meeting duly called, warned and held on the 16th day of September, 1957, 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, am attested copy of which is annexed hereto. 109 ' 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, pursuant 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 every other power and authority us hereto in any/,'e bling, 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 North Street, southerly of Adams Street, in said Lexington and bounded and described as follows: NORTHERLY by the line of North Street three hundred ninety-four and 6/10 (394.6) feet; NORTHEASTERLY by land now or formerly of Benjamin F. Holt and by land now or formerly of R.E. Saul, eight hundred eighty- nine (889) feet; SOUTHEASTERLY by land now or formerly of Holt two hundred one and 4/10 (201.4) feet, more or less; SOUTHERLY by land now or formerly of Albert H. Burnham six hundred twenty-five and 3/10 (625.3) feet; SOUTHWESTERLY by said land now or formerly of Burnham four hundred twenty-five and 3/10 feet; (425.3) feet; and NORTHWESTERLY by land now or formerly of Brown three hundred twenty-three (323) feet; and containing ten and 9/10 (10.9) acres more or less. Said land shown on a plan entitled, "Land of Albert H. Burnham at Lexington" dated May 1928, F. P. Cutter, C. E., recorded in Middlesex South District Deeds in Plan Book 415 as Plan 32. This taking is made subject to the flowage easement taken by the Town of Lexington by order dated February 13, 1939 and recorded in said Deeds Book 6279, Page 318, and subject also to the transmission line easement granted by Clarence Philip Shannon to Boston Edison Company by instrument dated October 3, 1947 and recorded in said Deeds, Book 7204, Page 573. All trees upon said land and structures affixed thereto are included in this taking. 110 �-C We award the damages sustained by the parsons in their property by reason of the taking hereby made as follows: To Clarence Philip Shannon of Randolph, Norfolk County, Massachusetts, the sum of One (1.00) Dollar. In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date, but if the name of the owner of any interest insaid land is not correctly stated, it is to be under- stood that such interest is owned by an owner or owners unknown to us, and in such tate our award is made to the lawful owners thereof. No betterments are to be assessed for the improve- ment for which this taking is made. WITNESS our hands and seals in said Lex.ngton the day and year first above written. Haskell W. Reed Ruth Morey William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 4, 1957 Then personally appeared the above-named Haskell W. Reed, William E. Maloney and Ruth Morey, known to ne to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknow- ledged the foregoing instrument to be their free act and deed, before me, Hazel J. Murray My commission expires : Nov. 29, 1957 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 16th day of September, 1957, in accordance with the provisions of law applicable thereto, the following vote pias duly adopted: "VOTED: That the Selectmen be and hereby are author- ized to purchase or take by eminent domain for playground or recreational purposes a parcel of land situated on North Street containing 10.9 acres more or less and shown on a plan entitled "Land of Albert H. Burnham at Lexington" dated May 1928, E. P. Cutter, C. E. , recorded in Middlesex South District Registry of Deeds in Ban Book 415 as Plan 32, and that the sura of $5,000.00 be appropriated and be provided by transfer from the Excess and Deficiency Account." A true copy. Attest: James J. Carroll .lames J . Garro.J., Town Clerk Mr. Stevens reported that someone from the State Department of Public Works has said that the law has been changed so that Chapter 718 funds cannot be used if betterments are assessed. He said he expected more information on the subject tomorrow. Mr. Gayer referred to Mr. Angelo Busats bridge on Grant Street at reported that to rebuild the ex- isting bridge, as compared to a new bridge, will cost very roughly between 02,000 and $3,000, to go in with sheathing and excavate around the abutments. He ex- plained that it will involve considerable hand work. The Chairman reported that he went down there the other day with Mr. Nickerson, who Was on the Board when this subject came up some years ago. Mr. Nickerson felt the only repairs needed was at the abutment where it is washed -away, put the cement down there and then go up the brook about ten feet and put up a control spill*ay the same as the one down at Burnham's farm. The Chairman said he personally feels that all the pillars should be deeper in the ground but the suggest- ion of a spillway and flashboards up ten feet would stop the brook from being washed sway. Mr. Gayer said he wanted to clean the brook and if that is done it will lower it. He said he thought if the flashboards had been placed at a different loca- tion the Town would not be having trouble now. The Chairman asked when he could do the work and Mr. Gayer replied that he would try and get at it if the Board decides it should be done,. Mrs. Morey said it is her feeling that it should be done, because at times the brook is forty-five feet wide. Thr Chairman said it is close to that and it seems to be/very large bridge for an individual to maintain. 112 He said he would be in favor of repairing it. Mrs. Morey asked if there is some way whereby this can be limited to the time during which the land is operated as a farm. She said she felt the Busats Town owed it to Mr. Buss. since the easement was through Bridge his property but did not think it should incltide1dnyone who might in the future develop the land. Mr. Maloney said he thought the bridge should be repaired and asked who would do it. Mr. Gayer replied that his department might do it. Mr. Maloney said if it is not to be done with town help, he thought it should go out on bid; all jobs should go out on bids in the future regardless of the time involved. Mr. Stevens explained that the Board should make it clear between advertising and getting bids. The Chairman said that bids have been invited for town cars, pipe, etc., and he did not think the Board was doing anything it is not permitted to do. Public He asked if Mr. Maloney menat to hold up bhLthe Works standpipe and Mr. Maloney replied in the negative. Department He said he meant all jobs in the future. Following further discussion relative to the Public Works Department, Mr. Gayer offered to re- sign as of January 1, 1958, if the Board felt it was satisfactory. Mr. Gayer and Mr. Stevens retired at 8:50 P.M. The Chairman read a letter from Mr. Stevens Tax title with reference to tax title lots 30 and 31, Block 18, Ward Street, for which the Board had received an offer from Mr. John Cassello, In making a customary check on the taking and foreclosure instruments, Mr. Stevens found that the taking of lot 30 was invalid. Mr. Cassello was so advised and was willing to wait until the Town was in a position to sell it. Mr. Stevens said that originally it was the Boardts intention to have lots 30 and 31 combined with lots 28 and 29 already owned by Mr. Cassello. Lot 31 is, of course, separated from lots 28 and 29 by lot 30 and he does not see any practical way .by which in a deed of lot 31, it can be combined for building purposes wirh lots 28 and 29. Mr. Stevens said he was convinced that it would be better for all concerned if the Board delayed conveying lot 31 until' the Town has a clear title to lot 30. He suggested that the situation be explained to Mr. Cassello, and if he goes along with it, that the $200 plus better- ments and taxes which he has paid be refunded. The Chairman read a letter from the Town Meeting 113 Members Association advising that the Committee de- Town sired to have present at all Town Meetings the Super- Meetings intendant of Schools, the Town Planner and the Chairman of the Public Works Department. The Chairman read a letter from the Boston Na- tional Historic Sites Commission requesting a date that would be convenient for the Selectmen and Plan- ning Board to meet with the Commission regarding the Nat'l. recommendations on the Lexington - Concord Battle Road. Hist. The Clerk was instructed to forward a copy of Sites . the letter to the Planning Board and also to ask that Comm. Board to suggest a convenient date for such a meeting. Further consideration was given to offers re- ceived from Edwin A. Wheeler and Donald Gibbs for the purchase of tax title lot 19, block 18, Reed Street. The Clerk informed the Board that lot 18 is owned by one Catherine V. Kelly and lots 20 and 21 are owned by Edwin Wheeler. Tax title Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to so advise Mr. Wheeler that the Board will entertain an offer of $200 plum sewer betterment of $113.36. When a reply is re- ceived, the Board will then write to Mr. Gibbs. Notice was received from the Board of Appeals Board of relative to a hearing to be held on November 12th Appeals upon petition of Rosewell M. Boutwell for permission to erect a flashing, double-faced sign at 55 Massa- chusetts Avenue. The sign will be 20' long, 16" wide and approximately 18' from the street. Notice was received from the Historic Districts Commission relative to a hearing to be held on Novem- ber 5th upon application of the Hancock Congregational Hearing Church for a certificate of appropriateness as to the proposed erection of an addition to the existing build- ing at 1912 Massachusetts Avenue. Mrs. Morey called the Board 's attention to the fact that there is an appointing authority and explained that the Board has no authority to make an appointment to fill the vacancy on the Standing School Building Committee to replace Mr. West. Mrs. Morey called Mr. Healy, Commander of the American Legion, to find out whether or not any Veterans ' plans have been made for the observance of Veterans ' Day Day, November 11th. She reported that Mr. Healy ad- vised that the program will be the same as last year 114 and the Legion would like to have the Chairman road , a proclamation. The meeting adjourned at 10:10 P.H. A true record, Attest: xe;+%tivCler(k, Seler men •KY I k t 1