HomeMy WebLinkAbout1957-04-01-BOS-min 361
SELECTMEN'S MEETING
April 1, 1957
A meeting of the Board of Selectmen was held in
the Selectmen's Room, Toin Office Building, on Monday
evening, April 1, 1957 at 7:00 P.M. Chairman James,
Messrs. Reed, Maloney, Tucker and Mrs. Morey were
present. Mr. Gayer, Superintendent of Public Works,
and the Executive Clerk were also present.
Mr. John A. Carrier, 91 Burlington Street, met
with the Board. He said his house is next to Kinzieen's
park on the north end and his present garage is within
a foot or two of the lot line on the south. He was Carrier
given permission to put it there . He said there is req. re
fifteen feet on the north side of the house and there Kinneen
is a little banking there between his house and Mr. park
James MacDonald's house . He would. like to rough out a
back yard. He explitined that he plans to extend the
garage and add on to his living room. In order to get
the garage on some level ground he would like to scoop
up some land, and would like permission to go over the
end of the park which •means some trucks and a shovel
dozer will go over it. He stated that he would do what-
ever is necessary to .put the land back the way he
found it . ne said he had an idea that Mr. MacDonald
would lit to scoop some of his yard out. The only way
he can get it is through Mr. Carrier' yard, He said if
he goes through the other side he will have to take some
birch trees down.
Mr. Maloney inquired as to who lived in back and Mr.
Carrier replied that he owns about two and one half
acres. He said this lot extends 210' up the hill.
The Chairman said that both Mr. Carrier's house
and Mr. MacDonald's house set into the banking and
Mr. Carrier agreed.
Mr. Maloney asked how far back' he intended to
go, and Mr. Carrier replied that he plans to go back
about twenty feet. Be said it is flat land and he did
not think he would damage it. He said he would see
that the loam is graded and reseeded.
Mr. Maloney said there is not doubt but that the
equipment would churn it Op and suggested that Mr.
Carrier keep as close as possible to his land.
Mrs. Morey said that Mr. Gayer would establish
11 where Mr. Carrier could go.
Mr. Goer asked if there were any trees involved,
and Mr. Carrier replied that the only trees are on
362
private property and he has already taken them down.
Mrs. Morey asked if it would interfere with
the playground operation and Mr. Carrier replied
in the negative.
The Board had no objection to Mr. Carrier pro-
ceeding in the manner 'Which he indicated.
Mr. Carrier retired at 7:12 P.M. and Mr, Stevens,
Town Counsel, met with the Board.
Mr. Stevens explained that it would be necessary
for the Board to sign a petition to the General
Town Court validating action and proceedings of the Adjourned
Meeting Session of the Annual Town Meeting held on April 1st.
Mr. Stevens reported that he had an -Order of
Taking for the Board to sign and gave Mr. Gayer a
plan.
Mr. Gayerexplainedthat in order to put a drain
in Arcola Street it is necessary to go over to an
existing ditch in the southerly direction. He tried
Order of to obtain an easement from Mr. Masstmilla but he
Taking refuses to sign. Mr. Gayer said that he must have it
Massamilla to complete Arcola Street. Mr. Massamilla senior was }'
willing to sign, but •the younger Mr. Massamilla
refused. s '
Mr. Stevens said he did not knew what the damage
will be . He said he assumed the Board would be willing,
when this land is lotted, to change the lotting line
the same way it did on Winter Street . However, for the
present a taking will have to be made .
Upon motion of 're. Morey, seconded by Mr. Tucker,
it was voted to sign an Order of Taking in the following
form:
COMMONWEALTH OF MASSAUHUSETTS
Middlesex, es. Town of Lexington
At a meeting of the Board of Selectmen of the -Town
of Lexington held on the first day of April, 1957, it is
ORDERED: Whereas at a Town Meeting duly called, warned
and held on March 5; 1956, namely at an adjourned session
thereof duly held on March 26, 1956, in accordances wit};
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 otherwise,
363
subject to the assessment of betterements or otherwise,
and to take by eminent domain or otherwise acquire any
fee, easement or other interest in land necessary therefor,
and to raise and appropriate for such installation and
land acquisition the sum of 150,000.00", 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 and
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 en-
abling, take in the name and on behalf of said Town of
Lexington the perpetual rights and easements to construct,
inspect, repair, renew, replace, operate and forever maintain
a covered surface water and ground water drain or drains
with any manholes, headwalls, pipes, conduits amd other
appurtenances, and to do all other acts incidental thereto,
ineludingIthe right to pass along and over the land for the
aforesaid purposes,, in, through and under a strip of land
situated southwesterly of Arcola Street in said Lexington
and bounded and described as follows:
Beginning at a point,111 the westerly sideline of Arcola
Street, said point being/ therly end of said sideline; thence
running South 810 7' 20 East distant 20.52 feet along the
southerly terminus of said Arcola Street to a point; thence
turning and running South 210 45' 0" West distant 112.29 feet
to a point; thence turning and running North 680 151 0" West
distant 107.71 feet to the point of beginning; all as shown
on plan entitled "Plan of Drain Easement Lexington, Mass.",
dated October 1956, Whitman & Howard, Engineers, to be re-
corded herewith.
Said rights and easements in the above-described parcel
of land are taken without interference with or prejudice to
the rights a r pective owners, except so far as is
reasonably/iiThe exercise of the rights and easements hereby
taken, and there is reserved to the respective owners and their
heirs, successors and assigns, all their respective rights in
and to the use of their land lying within said above-described
parcel for all lawful purposes not inconsistent with the use thereof
for all of the purposes 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.
364
CsJ
Any trees upon the land included within the above-des•
cribed parcel pf land are included within the taking.
The land in which the aforesaid rights and easements
are taken is believed to belong to Carmine Massamilla and
Veneranda Massamilla, but if the name 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 in--owner or owners un-
known to us.
No betterments are to be assessed for this improvement.
And said Board, havi*ggconsidered the question of damages,
hereby determine that no damages have been sustained and
none are awarded.
WITNESS our hands *t Lexington aforesaid this first
day of April, 1957.
TOWN OF LEXINGTON
By Raymond W. James
Ruth Morey
Ralph H. Tucker
Majority of the board of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. APRIL 1, 1957
Then personally appeared the above-named Raymond W.
James, Ruth Morey and Ralph H. Tucker, known to me to be
a majority of the duly elected, qualified and acting
Selectmen of theTbrir of Lexington and acknowledge the
foregoing instrument to be their free act and deed,
before me,
Hazel J. Murray
Notary Public
My commission expires: November 29, 1957.
365
Petition -was received signed by M»s. John Levis,
and other residents of Hayes Lane, requesting acceptance Street
of the street from Vine Street to, and including, #22
Hayes Lane.
Notice was received from the Woburn Draft Board
advising that Robert Higginsy engineering department, Engineer
has been classified as 1.A.
Mr. Gayer explained that Mr. Higgins is trying
to get into a specilized field of engineering and
if he is successful will be in for a period of about
six months.
Mr. Haakon Nielsen's request to have a tree re-
moved from in front of his property at 170 Grove
Street was held over.
Mr. Gayer reported that the tree is on private
property. ,He explained that the County Commissioners
laid the street out in 1946 and the blacktop is not Tree
within that layout at this location. He said the tree removes
is dead and recommended taking it down.
Upon motion of Mrs. Morey, seconded by Mr. M loney,
it was voted to authorize Mr. Gayer to have the tgee
removed.
At 7:30 P.M. hearing was -declared open upon Guy wire
petitioncf the Boston Edison Company and the New and anchor
England Telephone and Telegraph Company for per-
mission to locate a gay wire and anchor on Calvin
Street, from -a pole located approximately 110 feet south-
west of Justin Street.
Mr. Mayon, representing the Boston Edison Company,
was the only person present at the hearing.
Mr. Mayon explained that this is the last pole in
on Justin Street and said that there are four services,
both Telephone and Edison, and the pull is pretty much
back in a southerly direction. He said the pole is
pulling over and the company would like to ho]d it.
Mr. Gayer asked if it would be possible to put
a pole down on Justin Street ani Mr. Mayon replied
that he did have that in mind. He said Justin Street
is a private way and he thought it could be done.
Mr. Gayer said if it is possible he thought it
would be much better.
Mr. Mayon said that the company would first (lave to
determine ownership of the land on the private way and
then obtain permission. He said in view of Mr. G yer 's
suggestion he would life the Board to place the petition
on file until such time as he can determine whether or
not the desired permission can be obtained from the
property owners.
366
Upon motion of Mr. Reed, seconded by Mr. Maloney,
it was voted to place the petition of file .
The Chairman read a letter from Mr, Gayer with
reference to lights at the Harrington School. He
Harrington reported that Mr. Wentworth of the Boston Edison"
School Company advised him today that construction has been
lights held up because of pole permits.
Mr. Mayon presented the Board with an instrument
to be signed whereby the Town gives the Boston Edison
Company permission to install five street lardy posts,
necessary wires and cables, undergrouid at the Harrington
School as indicated on plan p-17 dated January 29, 1957
and also permission to install one street lamp post as
indicated on plan P-16 dated January 29, 1957 '
Mr. Mayon reviewed the street lighting discussion
held some time ago and questioned the number of lumen
lighting to be used.
The Chairman a xplained that the Board voted 2500
lumen lamps for the school,
Mr. Mayon said that if the Board now desires a 2500
lumen lamp and later on desires a ! ,000 lumen lamp, it
will mean a change in the fixture .
The Chairman asked if fixtures could be put in for
4,000 lumen but have 2500 lumen inserted and Mr. Mayon
replied in the affirmative .
The Chairman explained that was the intent of the
School Board.
lights Mrs. Morey said that she thought the lights at the
High School should be chpaged to 2500 lumen.
The Chairman said/t Board would look the
grants over and report its decision.
Mr. Mayon retired at 7:10 P.M.
Mrs. Morey reported that she and the Chairman
were talking Saturday morning about this school article
and she had something to say as a former School Committee
member. She said she would state why she thinks the plan
for $310,000 is not good.
Upon motion of Mr. Maloney, seconded by Mr. Tucker.,
it was voted to approve Surety Bond No. F-150988, in
the amount of $2,000 on behalf of William George
Bond Dooley as Constable in the Town of Lexington fora period
of one year.
Upon motion of Mr. "ftari., seconded by Mr. Maloney,
it was voted to grant Auctioneer' s License to Bertram P.
License Gustin, 50 Bloomfield Street, Lexington.
The meeting adjourned at 7:55 P.M. ,
hh A true record, Attest:
J J f v` i'
axe tiv Cle k, Sel ctmen