Loading...
HomeMy WebLinkAbout1956-12-27-BOS-min 200 SELECTMEN'S MEETING December 17, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 17, 1956 at 7:30 P.M. Chairman Reed, Messrs, James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Stevens, Town Counsel, arrived at the .1, meeting at 7:45 P.M. The Chairman read a letter from Rev. Earl D. Haywood, Pastor of the Lexington Methodist Church, Church requesting permission to locate four signs directing signs the public to the new church building. The Board questioned the advisability of granting the request and felt that it would be more satisfac- tory to discuss the subject. with Mr. Haywood in person. An appointment is to be made for him to meet with the Board on Thursday evening, a special meeting called for the purpose of discussing budgets. The Chairman read a letter from Alice W. Cole, Secretary of the Lexington Grange, advising that on December 12, 1956 the members of the Grange voted unanimously in favor of keeping the street lights Street on all night. lights The Chairman was authorized to advise the Grange that the Board is considering including sufficient funds in the 1957 Street Light budget for present- tation to the Annual Town Meeting to cover the cost of all night lighting, Mr. Gayer reported that a 'Mrs. Peterson, repres- enting the Grange, came in to see him today and said that she was going to request Town Counsel to prepare an article for the warrant on the subject and he sug- gested tat she discuss it with the Board inasmuch as it is being considered for next year's budget. Letter was received from Moon Hill Inc., C. E. Traffic Faflick, President, supporting the Boards action in signal recommending the installation of a pedistrian-operate traffic signal on Massachusetts Avenue in the vicinity of the Adams School and the East Lexington Library. Letter from the Lexington School Committee re additional policewoman for the Maria Hastings School was held over from last week. 207 Mrs. Morey reported that she went out at eight in the ramming and watched the children going to Policewoman school. Between the corner of Paul Revere Road and Maria where the policewoman stands thereaare about sixty Hastings children. She said that when their can, they de School walk on the grass which would ordinarily and a sidewalk would take care of that particular area. However, she went by today and Massachusetts Avenue was not well plowed on the right hand side and it was narrow, She said this is something that needs to be watched. She said that the policewomai where she is, is doing an excellent job. The children com- ing otat of school Street walk on the so-called sidewalk solely. The ones from Cedar Street are well disciplined and walk on the side. However, when they can't walk on the grass there is a problem. The drivers all know there was a traffic situation and were not going more than twenty-five miles an hour. She reported that she told Mrs. Marek she thought the School Committee was reacting too promptly to everyone's complaint. Mrs. rgy said that Mr. Stevens was going to find out/ legality of signs that could be used during the day. She said she felt the School Com- mittee is a little overaensative about a complaint of one or two individuals. She said the mintte a d side walk is put in Paul Revere Road it will take care of sixty children. Mr. Maloney said they have been operating this way ever since school opened. Mrs. Morey agreed and said they are nervous about it. The people who go over the street st 8:30 in the morning are well siciplined. The Chairman said that Mrs. Morey's report answered what the Board was after. School Mr. Stevens reported that when he checked with Traffic the Department of Public Works he found that in 1953 signs that Department did approve certain type of school police signs under Permit #77. They sent them out as a permit to mach city and town that had Traffic Rules and Regulations that they had approved. These signs are supposed to be used only when school is in session and they represent to the motorists that school is in session. He said that type of sign may accomplish what the Board wants. He said the only question about putting out any sign is whether or not they would be considered a defect or a nuisance if anyone hits one. He said they should be erected far enough into the snow so that there will be no danger if anyone being los hit. Mrs. Morey said that she told Mrs . Marek she thought they could get along with signs and would not need the additional policewoman after the side- walks are constructed. Mrs. Morey suggested, and the Board agreed, that Mr. Gayer obtain some signs appropriately worded which could be put up and taken down by the policewoman on the days when walking is hazardous. The Chairman suggested that the signs could be stored in one of the houses or kept in the trunk of- the policewoman's car. Mr. Maloney mentioned that the Coca-Cola people have signs they might be willing to give the town. Mrs. Catherine Cummings, her daughter and son-* - law, Mr. and Mrs. Guy T. Margo, met with the Board. The Chairman explained that the Board invited Mrs. Cummings in this evening because of the location Tax title of Lot 251 Wood Street and the relocation of Wood Street. He said that the lot does not now front on Wood Street any more; the part it did front on having been abandoned by the County. Mrs. Cummings said that her worry is about the piece of read there. The Chairman explained by a plan that the lot under discussion now fronts on an abandoned road. Mrs. Cummings said that her daughter and son-in- law would lilac to build on• the lot and have purchased the two lots next to it. She does not have a deed to Lot 251 whioh she purchased from the Town. The Chairman explained that the Board has no ob- jection to selling the lot to her but wanted to make sure that she understood the situation. Mrs. Morey asked where the water supply would come from and the Chairman replied that there is water on Fairview Street. Mr. Stevens presented a plan and explained that there is just one Wood Street on the ground. At that time the people on one side of the street owned to the middle of Wood Street and t#e people on the other side owned to the middle of Wood Street. When the road was abandoned by the Bounty these people still owned to that point. Tile land between this aide of Wood Street and the old center line is now awned by the people on the other side of the street. He said he did not know who had title. o9 Mrs. Murgo said she was told by the engineers that she would be trespassing. The Chairman said that the Board does not objedt to conveying the land and when she went to the bank for a loan there might be some trouble and the Board wanted her to know about it. He said she would have to find out who owns the property pointed out on the map by Town Counsel. Mrs, Cummings asked how she could find the .infor- mation and Mr. Stevens said that a lawyer would check it for her. The Chairman said that between the Assessors and the Engineers, Mrs. Cummings might be able to find out who owns the land, who is paying taxes on it. Mrs. Cummings said that a lawyer told her if the land was not put through land court the former owner could calim it. Thea0airman said that he might be able to find out who/Dtvgvious owners were at the time of the relo- cation, but that is all he could do. Mr. Stevens explained that the title would have to be run down by an attorney. The Chairman said that the Board has no objection to selling the lot. The town has the money and the Board agreed to sell it, but felt Mrs. Cummings should know the lot does not front on Wood Street and unti 1 such time as it does front on Wood Street it cannot be built upon. Mrs. Cummings said that if the Chairman would give her that much information she would get a law- yer to start checking it. The Chairman said he would try to get the •names of the owners at the time of the relocation. Mrs. Murgo .said she would give it to a lawyer arad have the three lots cleared all at the same time. Mrs. Cummings, lit. and Mrs. Murgo retired at 8:20 P.M. Hearing was declared openu.upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to relocate one pole on Massachusetts Avenue,^adutheasterly side, ap- proximately 120 feet southwest of School Street. Mr. Mahon representing the Boston Edison Company, was the only person present at the hearing. He explained that this is an existing j/o pole that they want to relocate to give relief to a drive- way for the new Methodist Church. 210 t Upon motion Of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following j/o pole relocation: Massachusetts Avenue, southeasterly side, approximately 120 .feet southwest of School Street. Pole location Mr. Mahon retired. Mr. Stevens referred to exercising options on elementary schools and asked if the Board was all set to acquire the land owned by Smith aril Andrews. Be said everything was all set as far as Smith is con— cerned. tt mentioned that there are two pieces of land on/Andrews property. There is a hen house referred tt in the option which is on the triangle which is necesssti'y to get onto R binson Road. Mr. Gayer said his guess as to the cost for removing the hen house would be $2,000 as it is quite a sizable building. M . Maloney said it would be cheaper to tear the hen house down than to remove it. Mr. Stevens said that in the option, he would like to limit this because he has quite a bit of land. Mrs. Morey said that there was supposed to be some negotiating with Techbuilt and if it .is she wanted to knew if the hen house would have to be removed even though the town does not use that portion of land, Mr. Stevens replied in the affirmative. Mrs. Morey said that Techbuilt owns enough there so they should give the town an access to the school without going into this triangle. Mg. Stevens said what the Board is doing, is paying Mr. Andrews and agreeing to move the hem house. The Chairman a aid he thought the Board should wait until it had some type of agreement. Mr. Maloney said that he knew Mr. Andrews well enough to explain the town's position. to him. Mr. Tucker asked if the Board Could put a money limit on the cost of moving the hen house, and Mr. Stevens said he would like to get it in the price because otherwise it will exceed the appropriation. N.,. Maloney said the lots on Robinson Road and the lot on Grove Street are for sale. The house and 211 a good part of the land is not for sale. He asked where the hen house would be moved to. Mr; Stevens said if someone else purchased the land it might be a difficulty. Mr. Maloney agreed to discuss the subject with Mr. Andrews. At 8:30 P.M. Mr. William G. Potter met with the Board relative to water betterment assessment levied against property owned by him and Mr. Charles E. Fer- guson and located on Grove Street. He said when the Town laid the water main on Grove Street they owned thirty-four acres. An abatement was granted for 2501 when the power line (messed their property. He said the gas company made a taking of 401 for which no abatement was requested, and there were two little pieces on either side of the power line. He said they have 500 feet they actually- own ctually own with assessment of 740 feet, or a difference of 240 feet. The Chairman asked if he felt the frontage was not 750 feet and Mr. Potter said they were assessed for 240 feet more than what was there. The Chairman asked how many lots they had on Potter Ec Grove Street and Mr. Potter replied sixteen. Ferguson Mr. Gayer explained that Mr. Potter has lots water 11, 12 and 16 left. betterment The Chairman asked if Mr. Potter was saying that in the beginning he never had 750 feet on Grove Stret. Mr. Potter said they never had it surveyed. The Chairman said that Mr. Potter is now being assessed for 750.4 feet or $75.04 and he actually has 410 feet. He asked what he-wanted to pay for and Mr. Potter replied 500 feet. The Chairman said as he understood it Mr. Potter is being assessed for 750.4 feet and he says there is only 500 feet so he wants an abatement of 250 feet. The Chairman asked if Mr. Potter was willing to pay the betterment on the two pieces on either side of the gas line easement plus three lots, making a total of 500 feet. Mr. Potter just agreed, and retired at 7:45 P.M. The following members of the Planning Board met with the Selectmen: Chairman Hathaway, Meters. Jaquith, Abbott, Grindle and Burnell. Mr. Stevens presented a plan and said it was as 211. 1" N one endorsed as approval not required at a meeting last week. He said the town would receive a deed to lots A and B of the Seabury land subject to a sewer easement of ten feet across Lot B. The Palnning Board has made an offer to the Seaburys for an option for *400 an acre. The group purchasing the property from Mrs. Seabury for the purpose of a hotel or motel is supposed to receive C as well as meet of the land Seabury owns on the other side of Route 128. The attorney for that group understands that there has been discussion about the town acquiring Lot C. and as far as Mr. Stevens knows they are agreeable but the question of the price is not determined. John Groden said he thought they would be willing to have some real estate man put a figure on it and that would be it. The Planning Board felt they should offer a cert tain amount based on a real estate man's figure. They have not come back with a figure other than to say a real estate man who appraised it for the group put a value of $3,000 an acre. Mr. Stevens said it was the Selectmen's understanding that at the time Tan Meeting authnbized the easement all the land Seabtiry awned between Route 128 and the school property was to be conveyed. Mr. Stevens said that there is a question as to whether or not that was thought to be_ all the land or only a part of the land. It is Hohn Groden's feeling that the two things are seperate and that the town should give them and easement for A and B and it something can be worked out on C all well and good. Mr. Maloney asked about the amount of land in C and Mr. Stevens replied 3.3. He said B has 2.7 and A between B and Massachusetts Avenue is 24,800 square feet. Mr. Maloney said there is over 3 acres in the two parcels and Mr. Stevens said that wsa correct. The Chairman said when he talked to Seabury be- fore Town Meeting he understood it would be all thea land on this side of Route 128. He said he assumed from the drawing that it was all the Seabury land. As he recalled, Mr. Seabury said the land was of ne use to him on that side of Route 128 and he was willing to give it all to the town for the easement. Mr. Hathaway said when the Planning Board's discussions started with Seabury two years ago the land on this side Of Route 128 was discussed. At that . time he told the Board he had no use for the ry on the other side and would be glad to discuss the town acquiring it or something to that effect. He said the discussion did not get to the detail of money. 1 213 II Mr. Grindle said he assumed that it did include all the land for the easement. Mrs. Morey said she thought the Board accepted what was drawn as being his land and at that point did not think it extended away beyond the Hastings School land. Mr. Stevens said there are three owners - the town, Innis and Grigor, The Grigors own land which is on the other side. Mr. Stevens said one thing Seabury has in mind for this is a sign location and wanted to know if the town acquired lot C there could be a sign on it. He said he explained that under Zoning laws land could not be used as a sign location so it would not be possible. 'He said the question is whether or not the Board should go through with the easement on lots A and B. Mr. Stevens said that the record title, as far as he knew, is in the mother*a name, Frida S. Seabury. He believed that Mrs. Seabury and her son have an interest in it. There are others in it with a dif- frent attorney. Everything was supposed to go when they got an easement from the town and the easement from the church. He said h4 believed that they got the easement from the church. He said he gave them II a copy of the proposed easement but told them there was this question about lot C and thought they should know about it. He said as far as he knew they had not had a real estate man look at it. Mr. Hathaway said it appears to him this evening that they are quite a long way from developing the land. They are preparing new plans for an access to Mapaett Road and if that is the case they will have to come in for approval. The Planning Board feels Lot C is useful to the town as a recreational area to be used in connection with the Maria Hastings School. He said his Board feels it would be desirable to the town but does not think it is worth anything like 13,000. He said they had it appraised' by a local agent who is reasonably familiar with the land. The Chairman asked how the Board felt and Mr. James he would like to see the Board press for at least/DOM E if a lot that would form an extension of the southerly boundary of the Maria Hastings land down to 128. The Chairman asked if he wanted to extend the ]land down and Mr. James replied in theaffirmative. At 9:10 P.M. Mr. Mortimer A. Seabury, Jr. II Messrs. Bruin, Groden, Priestly and Hopkins met with the Board. 214 N CrJ Mr. Stevens explained that the purpose of the meeting was to get together and straighten out what is involved before the sewer easement is granted. Ib said that the Planning Board is present having ex- prelsed the desire to obtaining an option on Lot C. He explained that last week he did not have the ease. ment because it had not been typed. At that time the Selectmen said it was their understanding that allof the land owned by the Seaburys between Route 128 and the school lot was being offered to the town in return for the sewer easement. Knowing that time is important as far as the group is cincerned, he suggested this meet- ing. He explained that the Planning Board was present for information so this can be settled. Mr. Groden said the first proposal was for 2i area approximately, which abutted the school property. That was sent to all the Town Meeting members and that is what the vote of the Town Meeting refers to. That left out about less than 2500 square feet on Route 128 and Massachusetts Avenue. He said that Sam and he went up there and saw that the town should own that. H then promptly agreed with him and said it should go in and be part of the grant from Mrs. Sea- buryto the town. That was about 2500 square feet. 4 At a further discussion about long-range it was felt that the town should acquire acres additional on the southerly side. The school may have no present use for it, but in the long-range plan- ning it would be advisable for the town to own it. He said the Seaburys needed some of the land to trade with Grigor, an abutter who owns less than on-half an acre on the westerly side left after the 128 taking. He said that was the general discussion but the under. standing was, he felt ks a citizen of the twwn that he town should own it. There never was any discussion on price or how it should be arrived at. He suggested that some reputable real estate man here in town be selected and give an apprisal and maybe they would be bound by a gentlemen's agreement. Mrs. Seabury would sell it and the town would pay the price. He said again, there was no pressure. He said they have not any plans or future plans ofrany use for that property except for a sign pointing to the hotel on the hill, and that is about it up to this point. He said he might tell the Board that the Seaburys have entered into a contract to sell to a group. The deeds have not been passed hitt it is under contract- and it incliades this 3.6 acres. He said he told MI, . Brum¢ about the dideussions he had with Mr. Stevens and Mr. Snow and felt that the town should some way acquire that, and there was no 215 objection to it on their part. He said again, they did not have to dib it because they did not need any of the proceeds to somplete their financing and it was a problem that could be done at the town' s con- venience. He said he also told Mr. Stevens and Mr. Snow that thy wou]d not dispose of it at any time without taking it up with the Board and this is their present position. He said they had an apprisal of 1 ,000 an acre. He understands from Mr. Snow's let- ter to him, on behalf of the Planning Board, that they had been advised $400 an acre. He said he did not know what the value is but suggested that these two appraisers get together and see if they used the same factors, or perhaps select some other repu- table man in town. He said he did not care how it is done, but thought it was a problem seperate from this easement. They are not related to each other and never have been. The plan went out and the Town Meeting voted only on 2.6 acres. This land is under contract for sale January 15 and there has been very substantial mortgage which at this point is drawing intereet so it is important. He said he has a deed of easement from the Methodist Church so that pro- blem has been taken care of. He said if the two ap- praisers could sit down and see if they weighed the same factors they might get closer together in price. He said he has felt the land is something the town should. Oen and would like to repeat that he did not think one problem had anything to do with the easement which they are most anxious to have as soon as pos- sible. They are no•a paying interest on a very sub- stantail amount the bank has committed to them for their basic construction mortgage. He said that how. ever the Board wants to handle the price; have it re- appraised or agree on some local man to come up with a solution which is agreeable to them far this bal- ance of three and a half odd acres. The Chairman said that he was going to disagree as he felt definitely this easement is connected with lot Q. He stated that in his discussion with Mr. Seabury it was indicated to him, and he assumed, that all the land on this aide of Route 128 was to be given for easement. On the plan there was no way of knowing who owned it, but in looking At it one would assume that it was all the land the Seaburys owned. He said that even the Town Meeting members assumed that was all the land the Seabarys owned. He said he was very much suprised when Mr. Stevens brought up that the town was not getting it all. He said that the entire Board was under the impression that the town was getting all the land. 216 r CO L=J Mr. Groden said that -he did have an earlier 11plan by Miller and Nylander which showed the other side. The Chairman said that the Board went on the one he has here, and •when one looks at it one assumed that it is all the land the Seaburys owned. Mr. Seabury said he may have oversimplified and he could have shown that the lines abutted the piece adjadent to Massachusetts Avenue and the •Grigor' s abutted the other piece. He said he had no intentiaz of creating confusion, and there has been no desire on anyone' s part to mislead. The Chairman said that the Board does feel the Town should have lot C. He said it is his opinion that it is definitely connected with the easement because of the Board's understanding that it was to be given to the Town in its entirety at the time. He said so far he has heard nothing to change his mind, and t, e Board feels that $1,000 is too high. The Planning Board's appraiser' s figure was $14.00. It is landlocked and there is no aedess which was created by Mrs. Seabury in giving the Town Lot B. Mr. Beabury said he would have no access any. way. The Chairman said that the Board feels $1,000 an acre for land which has no access and is in a residen- tial area is too much. Mrs. Seabury explained that he only purchased this land because it was part of the acreage of the Bashin estate and they had to buy it. He said he could not speak for the group, but he would like to be co-operative and have a conservative directional sign so anyone coming south to Lexington would be able to make a turn on exit 128. He said they have no desire to try to promote the value of that piece. Mr. Hopkins said that he represented the people purchasing this property. The appraisal was made of the entire Seabury property so they would know how much to offer Seabury for the property, and it was explained to them what the individual parcels were. They want to F. Paul Morgan and risked him to' appraise this individual parcel and he did so. He said there was no question that this man, the appraiser, was not aware of the lack of access mentioned. He said the fact that these people gave the Town property and there- fore landlocked themselves, should not decrease the value of the property. He said they have no desire to hold up the Town for $400, $500 or *50. This property is of no value to them whatsv ever except for a sign. They have to have something there so the people can find the hotel which is a $600,000 hotel. 217 He said he is willing to speak for his group and as far as he is concerned, they will give the land if the Board will make the proper arrangements to have some influence over whoever would grant the sign to them. He said they do not want to injure the landscape, and they do not want a quarter for the land. They will put it in the easement and that is it if the Board will give then 250 square feet to put a sign on which will be tb the nearest part of the over- pass. He said that is them offer to the Board and he would call a spade a spade. If the Board goes along, it will be advantageous to everyone. Mr. Stevens said that just so there will be no misunderstanding, he wanted to ppint out that under the Zoning By-Law of the Town, land cannot be used for just a sign location. The Town is subject to the Zoning By-law just as individuals are. He said whether or not a varience would be given is another question. That is handled by the Board of Appeals and the are not under the jurisdiction of the Selectmen. Mr. Hopkins asked if the Board of Appeals wouldn' t grant the permission if it were recommended by the Board of Selectmen and the Planning Board. Mr. Stevens explained that the Board of Appeals is not subject to the recommendations of the Planning Board or the Selectmen and their decisimean be appealed to the Court andovoaerturned by the Court, Mr. Hopkins said they wanted a to their advantage to have the recommedation of- the Board of Selectmen and the Planning Board whether this is correct or hot. Mr. Groden explained that Mr. Stevens was bringing up legal techinicalties. The Chairman said if the Board drew a line down to this point (indicated on the plan) it would leave a little piece which would give them an opportunity to go before the Board of Appeals to ask for permission to put the sign on their own land. He asked how large a sign they were talking about. Mr. Hopkins said that would be definitely up to them. His desire is to ha's something one can reads just after the underpass. It should be something to tell the cars to go right, quick, and is not good et best. Mr. Priestly said no one was interested in getting into any thecnicalities, least of all the Board of Appeals which he prefers to have nothing to do with now. At the moment there is no question. When they were putting together this agreement, the last thing they were interested in, was getting involbed in any 218 Cr] litigation. They drafted the agreement on what they thought was good faith in line with this memo and plan as well as of the Town Meeting last March, which referred to 2.3 acres. On one occassion when he and Mr. Groden were working this out he had a telephone call from Mr. Stevens. At that time he told Mr. Stevens they would give the Town the first refusal without any thought of $1.00 or $1,000. He said the vote concerns Seabury!s 2.3 acres. Mr. Stevens said he would admit that at the time the vote was prepared he was not aware there was any other land owned by Seabury. He learned that afterwards from the Planning Board. Mr. Priestly asked if any deed now of the 3.3 acres was not something that would have to be taken care of at another date . The Chairman said tht the Planning Board has the authority to take options. Mr. Stevens said the question comes down to whe- ther this shopld be settled now or not. He said he wants.to avoid that this would be given b; the Town for any sign permission. Mr. Priestly said all. they want is enough to round out their locus across the street with Grigor. Mr. Seabury said it involves about 24,000 feet which is useless to Grigor. Mr. Stevens asked what the proposal was now. Mr. Hopkins said he was willing to give the Town refusal. They do not want the land as they have no use for it. They do want till, sign and sant the Board's help on that. He said the Board' s help was important. Mr. Stevens said that the Planning Board has of- fered to take an option at $400 an acre. The Selectmen think these things are ti$d together. Mr. Groden suggested that Miller and Nylander draw off the section the Chairma pointed out for a sign and have the option cover the rest if the land. He said they would then petition the Board of Appeals and if it is granted, the Town has the option. Mr. Stevens asked how long it would take to do that; to prepare a plan to show how much they are wil- ling to option to the Town at $400 an acre. He said they could not tie the sign in it. Mr. Groden said that even if the Board of Appeals does not grant a varience, the Board would have the option. Mr. Stevens said they were now granting the easement going through in accordance with the draft. At the same time there wou]d be an option granting the $400 an acre. Mr. Maloney said that if they received permission to put up ahe sign). then for access to the sign they 219 would give up the land for $1.00. If they do not rec- eive permission for the sign, the Town pays $400 for the land per acre. The Town would be giving them ac- cess and they could be giving up the land. The Chairman said that the Selectmen would be willing to grant the easement under the conditions stated by Mr. Maloney. Mr. Stevens asked if he meant in writing and the Chairman replied whatever way Mr. Stevens felt it should be done would be agreeable to the Board. Mr. Stevens sae thought the group could Clear this up/VIIIMPj. ,hbank and Miller and Nylander. The group retired at 10:10 P.M. Letter was received from the Planning Board advising that they are still interested in ac- quiring for recreational purposes, land now owned by Antonio Busa. Since frrst proposing a site in this area, the Board has received t petition fromr61 Tax title citizens in the neighborhood askeng that a playground be established for the children who now must plan in the steeets. Rather than purchase the labd fromMr. Busa, the Board- suggests that a number of tax title lots now owned by the town be exchanged forthe property the Board recommends that the Town acquire. The lots the Planning Board felt to be worthy of consid- eration in such exchange are located on Circle Road, Hillcrest Avenue, Rawson Avenue and Rindge Avenue. Mr. Hathaway asked how the Board felt about exchanging with land Mr. Busa. The Chairman explained that the Board has not received any offer from Busa for land on Circle Road. He does not want to purchase land on Rawson Avenue, for which the Board also had an offer from M. Dattoli who is not willing to pay the Board' s price, ,lit. Hathaway asked if it would be agreeable to the Selectmen ffLthe Planning Board were to work out some arrangement with Mr. Busa with town-owned land that is available. The Chairman said that if the Planning Board would give the Selectmen a list of the lilts in which they are interested, the Selectmen would hold them . The Plannign Board retired at 10:55 P.M. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to Sign an order granting a Sewer sewer easement to Frida Semler Seabury, prepared Easement by Town Counsel, in the following form: 220 The Town of Lexington, a municipal corporation in Middlesex County and Cohntohwealth of Massachusetts, acting by its Board of Selectmen, under and by virtue of the power conferred by vote of a Torn Meeting held on March 26, 1956, a copy whereof iii hereto annexed, and every other power, in consideration of the con- veyance to the Town by Frida Semler Seabury, of Bos- ton, Suffolk County, Massachusetts; of the parcel of land referred to in said vote, by deed to be recorded herewith, grants to Said Frida Setter Seabury, and her heirs, devisees, successors and assigns forever, as owners cf the land to which reference is hereinafter made, the right and easement to lay, construct, main- tain, operate, repair, replace, and remove a sanitary sewer pipe entirely `kinds nahe surface of, and. with the right to pass alongrover the same for the afore- said purposes, a strip of land having uniform width of 10 feet across: the Maria Hastings School lot, as shown on a plan entitled "Plan of Land in Lexington - Mass." dated June 2, 1956, Albert A. Miller, Willow C. Nylander, Civil Engineers and Surveyors, a copy of which is to be filed and bounded and dedoribed as fdl- lows: The center line commences at a pdint ih the westerly boundary of the Maria Hastings School lot, which point is southerly and 158.5 feet distant from lot 6A, as shown on said plan; thence running North 79° 1.2' 38" East distant 11.0.5 feet to a point4 thence turnning and running South 84° 17122" East distant 520 feet to a point in the westerly sideline of Crosby Road; 'thence running South 78° 171 22a Bast distantltD feet to a point in the easterly sideline of Crosby . R ad; and said atrip extended fdr a uniform distance or 5 feet on each skde of said center line). all well shown on said plan. Said right and easement is hereby appurtant to so much of Lot "B" as shown on a plan entitled "k Com- piled Plan of Land on Lexington - Mass." dated March 22, 1954, Albert A. Miller, Wilber C. Nylander, Enignerrs and Sirveyors, recorded in Middlesex South District Registry of Deeds as plan No. 289 of 1955, Book 8418, Page 592, as is now owned by said F$ida Semler Seabury. This grant of said right and easement is subject to the limitations hereinafter set forth, and by the recording hereto said Pride Semler Seabury agrees for herself and her heirs, devisees, successors and assigns to perform and abide by the same, namely: 1. No entry shall be made upon work performed in that portion of said strip that is included within Crosby Road, a public way, until a permit to open said road has been obtained fron the Superintendedt of Publie Works of the Town of Lead and nd all work performed therein shall be in accordance with 221 the provisions of such permit. 2. On each occasion that the grantee or those claiming under her enter upon said strip of land and perform any work thereon, it shall be her and their obligation to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was make. The land in which the aforesaid right and ease- ment is granted is represented by Certificate of Title No. 73673, registered in Middlesex South Registry Dis- trict, Book 492, Page 209. IN WITNESS WHEREOF the name of the Town of Lex- ington has been hereto affixed, and this instrument has been execztcd in its name and on its behalf by a majority of the Board of Selectmen and counter- signed by the Treasurer of the Town of Lexington and sealed with the Town seal this 17 day of Dec- ember, 1956. TOWN OF LEXINGTON By Haskell W. Reed Ralph H. Tucker Ruth Morey Countersigned Raymond W. James James J. Carroll Town Treasurer Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 17, 1956 Then personally appeared Haskell W. Reed, Raymond W. James, W444fam-E:-Maleaey, 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 acknowledge the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, Hazel J. Murray Notary Public My commission expires: November 27, 1957 222 December , 1956 I, James J. Carroll, Clerk of the Town of Lex- ington, hereby certir that at a Tows Meeting duly called,cwarned and held on the 5th day of March, 1956, in accordance with the provisions of law ap- plicable thereto, to witness at the adjourned session thereof held on March 26, 1956, the following vote was unanimously adopted. "VOTED: That the, Selectmen be and hereby are au- thorized to grant a sewer easement to Frida Semler Seabury across the Maria Hastings School lot in consideration of the conveyance by said Frida Semler Seabury to the Town of a parcel of land that consists of approximately 2.3 acres and abuts on said school lot and in which a sewer easement will be reserved; the instruments of conveyance to be in such form and to contain such descriptions, terms and provisions as the Selectmen by the execution or acceptance thereof shall approve." A true copy.. Attest: James J. Carroll Town Clerk Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign an Order of Taking. of proposed street from Depot Square northwesterly 152 feet, more or less, to Meriam Street as shown en a plan entitled "Plan of Proposed Street in Lexington, Mass. Scale: 20 feet to an inch, Sept. 28, 1956 Whitman & Howard, Civil Engineers, 89 Bread St., Boston"'. COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the seventeenth of December, 1956, it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington having determined and adjudged that common convenience and necessity require that a town way be laid in the location hereinafter described and 223 1. having vomplied with the requirements of law relating to notice, did on the fifth day of ]November, 1956, lay out as a town way the way known as Proposed Street from Depot Square northwesterly 152- to Merian Street, accordingly and duly filed their report of such laying out with the boundaries and the measurements of the same in the office- of the TonClerk :bli. the 6th day of November, 1956, and whereas at an Annual Town Meeting duly called, warned and held on the 19th day of November, 1956; in accordance with the provisions of law, applicable thereto, it was VOTED: To establish as a town way and accept the layout of as a town way, a proposed street from Depot Square northwesterly 152 feet, more or less, to MeriamStreet a8 laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated September 28, 1956, and to authorize the Seledi- men to take by eminent domain, purchase, or otherwise .squire, ,any fee, easement or other interest in land n necessary therefor; and to appropriate for land ac- quisition and for the construction the stlm of $7,400.00 and to privde for payment by transfer of $7,400.00 from the Excess and Deficiency Account. NOW, THEREFORE, we, the undersigned, being a maj- ority of Selectmen of the said town of Lexington, duly elected qualified and eating as such , do hereby under and by virtue of the provisions of Chapter 796f the General Laws and of any and every other per and authority us hereto ub aby way enabling, take/ ght or easement to use for alk the purposes of a town way for the use of said Townof Lexington, the land in aaid toqn bounded bnd described as follows: Syartign at the moat northerly corner of Depot Square, thence N' 54° 131 43" W distant 50.50 feet through the land now or formerly owned by John F. MacNeil et ux„ thence continuing N 540 13' 43" W distant 102.36 feet through the land now or formerly owned by Geroge Smith, to the southerly sideline of Meriam Street, thence turaia1g„ and running S 38° 56' 00" W distant 14.22 feet by said sideline to the most northerly corner of the land now or formerly owned 1� Town of Lexington, thence continuing S 38° 561 00" W distant 3.43 feet by said sideline, thence tur i g:_ and running S 54° 131 ba" E distant 61.83 feet through land now or formerly owned by Tdwn of Ludington to the land now or formerly owned by George Smith, thence N�q DC S 51° 034 00" E distant geet by land nor or formerly owned by George Smith, to the north easterly corner of the load now or formerly owned by t', n of Lex- ington, thence turnning and running N3:° 36* 30" E distant 0.99 feet by the land now or formerly owned by George Smith, thence turnning and run- ning S 54° 131 L+3"° E distant 71.53 feet through the land now or eormerly owned by George Scott to the sideline of Depot Squarest once turnning and run- ning by said sideline N 44° 1.1 47" E distant 17.2 feet to the point of beginning. The above description is intended to conform to • plan entitled *Plan of Proposed Streetin L exington, Mass. Scale: 20 feet to an inch, Sept. 28, 1956 Whitman & Howard, Civil Engineers, 89 Broad Sta. Boston". which plan is on file in the Town Clerk's Office in said Lexington and a copy of which will he recorded with the Middlesex South District Registry of Deeds with a copy of this ander. All tress, if any, upon the land taken are includsd in this taking. The land in which the aforesadd rights and easements 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 corrbctly stated, it is to be understood that such land or inter- est is owned by an owner or owners unknown to us. OWNER AREA John F. MacNeil, et ux About 458 square feet George Scott About 711 square feet George E. Smith Abotrdt 1,1.7.1 square feet Town of Lexington About 106 square feet Betterments are not to be assessed for this im- provement. And said Boardry,having considered the question of damages, hereby determines nhat no damages sustained and none are awarded. WITNESS out hands at Lexington aforesaid this sewn. teenth day' of December, 1956. 225 1 Ralph H. Tucker Ruth Morey Raymond W, James COMMONWEALTH 0P MASSACHUSETTS Middlesex, as. Lexington, Mass. December 17, 1956 Then personally appeared the above named Haskell W. Reed, William E. Maloney, Raymond W. James, Ralph H. Tucker and Ruth Morey, and severally acknowledged the foregoing instrument and statement by them sub- scribed to be their free act and deed and the fess II act and deed of the Board of Selectmen and Public Works of the Town of Lexington, before me, Hazel J. Murray Notary Public Mr. Stevens said he had a damage claim and ex- plained that on December 10th Mr. Charles Brenton had his town truck parked in the driveway at the Town Offices and backed it up, damaging a car parked behind him. The damage amounts to $60.20 and one Paul G. OtBrien is the injured party. Upon motion of Vr. Maloney, seconded by Mr. Tucker, it was voted to authorize Town Couhsel to stttle the claim for $60.20. Mr. Stevens retired at 11:00 P.M. Mr, Maloney brought up the subject of the Christ- mas creche about which he received a telephone call. It was agreed that the Public Works Departrre nt would arrange to deliver it to Custancets men who will erect it on ,the Common. Mr. Gayer retired at 11:05 P.M. 226 trJ The Board gave further consideration to Mr. Joseph F. Fitzgerald's offer of $400 for lots 187- 190 inclusive on Hillcrest Avenue. A proposal to sell these lots was advertised in the December13, 1956 issue of the Lexington Minute-man. No persons contacted the Selectmen's Office as a result of the advertisement. Tax title Upon motion of Mr. Maloney, seconded by Mr. Tuc*er, it was voted to sell and convey Lots 187- 190 inclusive on Hillcrest Avenue tp Mr. Joseph F. Fitzgerald, 32 Hillcrest Avenue The Board gave further consideration to Mr. Marvin Groll's and Mr. Bruce Wilkins' offer of $475 for lot 92 Wachusett Drive. A proposal to sell this lotiwas advertised in the December 13, 1956 issue of Tax title the Lexington Minute-man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sell and convey lot 92 Wachusett Drive to Marvin Groll, 19 Wachusett Drive and Bruce Wilkins, 15 Wach4sett Drive. The Chairman reported that Gerald Holton is very much interested in acquiring lots 531 and 535 Butler Tax title Avenue for which the Board entertained a, price of $80 plus sewer betterment assessment in the amount of $191.60, but would like more tires in which to raise the money. The bank from which he obtained a loan for his house will mons agree togive him the but g y will increase the interest. Mr. Tucker suggested, rand the Board agreed, to give him two months time . Letter was received from David W. Walsh, 9 Alpine Street, with further reference to tax title lots on Tax title Alpine and Wood Streets. It was agreed to invite Mr. Walsh -to meet with the Board on Wednesday, January 2, 1957 to discuss his offer and reason for wanting to acquire these lots. Upon motion of Mr. Tucker, seconded by Mrs Licenses Maloney, it was voted to renew the following licenses: Mawhinney Motors Sales 581 Marrett Road Firstr Cl. Ats. Renl. Colonial Gargge, Inc. 1668 Mass. Avenue "7. Five Forks Spa 286 Lincoln Sty Com. Vic. Renl. Geoffroy's Pharmacy 316 Marrett Rd. Hancock Market 6 No. Hancock St " Old Coffee House 1775 Mass. Ave. Village Vdriety3rStore 93 Mass . Ave. Bernard C. Goodman 62 Mass. Ave. " " " 227 Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to re-appoint Mr. James J. Appointment Connell to the Board of Assessors for a three-year term expiring January 1, 1960. The Chairman reported that a Mr. Emmons Whit- comb, 77 Wood Street telephoned the office to regis- complaint ter a complaint that Wood Street was not sanded at 7:30 this morning. The Chairman read excerpts from the Selectmen's meetings with reference to plowing Percy Road Eten- Snow removal sion and Mr. Maloney reported that the driveway is so constructed that trucks can turn around. No objec- tion was raised relative to removing snow from this street. Letter was received from the Lexington Histori- cal Society presenting the following nominations for the Historic Districts Commission for membership: Russell H, Kettell, Charles G. Davis, Tracy W. Ames and John ?. Rich; for 4e,sociate Membership: Mrs. Robert C. Merrian . No definite action was taken, but the names sug- gested for appointment were Messrs. Kettell and Davis from the Lexington Historical Society, with Mrs. Historic Robert C. Merriam as an Associate; Rev. Floyd Taylor Districts from the Cary Nemoriel Library Trustees; Philip B. Commission Parsdfrom the Lexington Arts and Crafts Society, Inc, win B. Worthen, Jr. as the Selectmen's appointment. Further consideration is to be given the subject at the Special Meeting of the Board to be held on Thursday, December 20th. The meeting adjourned at 11:35 P.M. A true record Attest: 1xenttive Giieri , Stelectmet .