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HomeMy WebLinkAbout1956-07-30-BOS-min MS SELECTMEN'S MEETING I July 30, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, July 30, 1956 at 7:30 P.M. Chair- man Reed, Messrs. Maloney, -James, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Tucker presented each member of the Board Water with draft of a proposed letter to be sent to those individuals who are known to be watering lawns and gardens outside of the hours scheduled. The letter was accepted by the Board as sub- mitted, a copy of which is to be sent to the Chief of Police with the request that he instruct his force that the restrictionp are to be in effect un- til withdrawn by the Board. The uniformed officers are to remind householders when they observe failures to comply with the restrictionsand the street ad- dresses where violations are noted are to be given by the Chief to the Clerk of the Board each day so that these reminder letters may be sent out. Further publicity is also to be given the sub- ject in the Lexington Minute-Man. Mrs. Morey referred to page four of the July 16th minutes relative to her statement about shrubs and explained that it should read "the Highway De- partment should go out and notify the inhabitants that they must cut down the shrubs that are over- developed and are maintained on Town property to allow better vision for vehicular traffic" . The Chairman read a letter fromt he Cary Mem- orial Library Building Addition Committee advising that it has been unable to develop- a good plan for adequate parking facilities using additional land. The Committee recommended acquisition of a Parking for parcel of land at the southern corner of the library library property as indicated on an enclosed sketch. It was agreed to have a plot plan at the next meeting and the Chairman was authorized to advise the Committee that the Board will look into the problem in an effort to determine what feasible 1559 solution may be worked out. The Chairman read a copy of letter from residents of Maple Street to the Lexington School Committee in regard to sidewalks and traffic speed. Sidewalks It was agreed to give Mr. Adams a copy of the letter the Board recently sent to the School Committee on the subject of sidewalks whereby the Committee will have an opportunity to arrange for additional bus transportation and highway protection. Mr. Adams is also to be requested to explain the delay in the sidewalk program. The Chairman said that in a conversation with one of the employees of the David Buttrick Company Dump who lives in Lexington, he learned that he was at the dump picking up a few pieces of wood and his name was taken. He was at the dumpyesterday and saw the fire truck removing material from the dump. The Chairman suggested, and the Board agreed, that a letter be written. to Chief Engineer Cook calling the matter to his attention and advising him that the Rules and Regulations governing the dump apply to Town employees. Mr. Stevens, Town Counsel, and the following mem- bers of the Appropriation Committee met with the Board: Chairman Madden, Messrs, Boldgett, Hamilton, Richards, Works and Palmer. The Chairman explained that the Selectmen were Transfer concerned about a request to have $1386 transferred from the Reserve Fund to pay an outstanding bill in connection with the parking area. Mr. Madden acknowledged a receipt of the request and said that the Committee desired more information. The Chairman stated that the original approp- riation was $70,000 of which $50,000 was for construc- tion and $20,000 to be held for property taken. Mr. Stevens said he thought the larger amount was for land taking. The Chairman said that the Board felt that where the bill was presented last May, it was unfair to ask the contractor to wait until a Special Town Meeting in November before it was paid. He explained that nothing has been left out but when the work was com- pleted, the account was short. Mr. Madden said that his Committee is interested inthe reason for the shortage. 360 04 Mr. Gayer said that the work was getting the base and paving in to complete the paving on the Muzziey Street side. The Chairman explained that the cost for tearing the building down was an, unexpected item. Mr. Madden asked if more work was done than was originally contracted for and if this were done in the nature of an extra. The Chairman explained that the Town had to pay for taking the building on Muzzer Street down which it had not intended to do. Mr. Maloney said that was a good part of it and a mudhole was left. This would have left the area use- less unless it was hot-topped. He explained that he Town became involved with the owners of the property who did not want to vacate and by the time they did, the work had gone by certain stages of the agreement and it cost more money. He said the hole- left had to be filled, graded and drained. Mr. James explained that transfers could be made for unforseen items as well as emergency items . The Chairman explained that the area right by MuzzeryStreet at Dr. Hunt's and Dr. Pyle' s could not be done at the beginning- because the building was still standing, and therefore it was not possible to finish the section. When the building did come down, the parking area was completed and that is where the extra money came from. He said there was supposed to be a fence erected but theBoardis not requesting funds for that as it is not considered to be an emer- gency. He said there is $20,000 left for land taking which cannot be used for this bill. Mr. Maloney said it would have been a shame to let the area stand without being finished at least t6._ a point where it could be used. The Chairman referred to the Board's letter rela- tive to a Special Town Meeting in the Fall. He ex- plained that the major item will be water. He stated that there is trouble with the preess.re and undoubtedly the Selectmen will recommend another tower which was Special Town to have been recommended at the Annual Meeting, but Meeting will be asked for now. He said that the Board has asked Whitman & Howard_ for an exact location. The Chairman said that the Selectmen will try to submit any other articles that may come up to the Committee in time for its consideration. 561 The Committee retired at 8:25 P. M. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to sign a contract in the sum of $5,955 Tennis between the Town of Lexington and Dennis Driscoll & Courts Company, Inc. for the reconstruction of two bituminous tennis courts at the Center Playground. Upon motion of Mrs. Morey, seconded by Mr, Tucker, it was voted to sign a contract inthe sum of $l,675 Tennis between the Town of Lexington and Dennis Driscoll & Courts Company? Inc, for resurfacing two clay tennis courts at the Center Playground. The Chairman read a letter from the Board of Appeals with reference to the petition of John F. Suit MacNOil which was granted even thought the Planning Board recommended that it be denied. He stated that the Planning Board has requested Town Counsel to pre- pare the necessary legal papers to enable that Board to sue the Board of Appeals in order to effect a re- versal of its decision. The Chairman of the Board of Appeals stated in his letter that it has been customary for that Board to be represented by Town Counsel and therefore the Board was asking the Selectmen to advise Town Counsel that if such suit is brought, he is to defend the Board of Appeals. Letter from the Board of Fire Commissioners re Retirement Captain BroughallFs request for retirement was held over again pending receipt of information from Town Counsel. the The Chairman read a letter from Medical Panel advising that the late Howard Fisk died as the re- sult of coronary occlusion and that such death was Pension brought about by the operation of natural and proxi- mate circumstances producing a hazard which was peculiar to his employment as a member of the Lex- ington Fire Department. Letter was received from the Board of Health, together with report of the Health Sanitarian re- Common Vie. garding conditions at the Minute Man Resturant. License The Board of Health requested the Selectmen to ad- vise the new owner that conditions at the establish- ment must meet with the approval of the Board of 562 Health before a Common Victualler's License will be granted. Mr. Stevens said that he was not sure that the license is assignable. He reported that he had re- ceived a telephone call today from Mr. McQuillan, but the only power the Selectmen have is issuing the license. The Chairman said that when it is determined uh o the new owner is the Town Counsel could find out whether or not the iicense is assignable. It was suggested that the Board of Health talk to the new owner before closing the resturant. If the business is not sold, the Selectmen would be in favor of the $oard of Health closing the establish- ment. Upon motion of Mrs. Morey, seconded by Mr. Tucker, Cert. of Inc. it was voted to sign a Certificate of Incorporation on behalf' or Donald J. Conner. Blood Donor Letter was received from the Lexington Chapter Day American Red Cross requesting permission to fly the Red Cross flag below the American flag on the Common on August 13th Blood Donor Day and,/Blood Donor Days scheduled for this year. all Upon motion df Mr. James, seconded by Mrs . Morey, it was voted to grant/request . the Mr. Gayer retired at 9:20 P.M. Mr. Tucker presented each member of the Board with a copy of proposed letter to be sent to the Police Chief of Police to insure better understanding of Department the Department. With a few minor changes in the original draft, it was unanimously ageeed to send the following letter to the Chief to be read to all officers at roll call. The growth of our Town has placed such a burden on our water supply facilities that it has become advisable to place restrictions on the water- ing of lawns and gardens. Otherwise, citiaens in some high areas periodically will be without watee for fire protection and normal household purposes. During the summer months the Selectmen have re- quested that persons living in homes with odd numbers restrict their watering to the odd numw bered days of the month and between the hours of midnight end 9:00 A.M., and those in even numbered houses for the same hours on the even days of the month. These limitations will help in maintaining proper water pressure. This notice is sent because we understand that you 563 have been watering outside of the hours scheduled. We can only assume that this is due to misunder- standing and that you will now co-operate in O1fl efforts to provide water service to all townspeople on an equal basis. Upon motion of Mr. Maloney, seconded by Mr, James, it was unanimously voted to sign the following Order of Taking, under the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws of Mas- sachusetts, taking a permanent sewer easement and tem- porary construction easements across the land owned by Eleanor L. Ross and situated between Constitution Road and Ross Road: At a meeting of the Board of Selectmen of the Town of Lexington held on the 30th day of July, 1956, it is ORDERED; Whereas at a Town Meeting duly called, warned and held on March 7, 1955, namely at an adjourned session thereof duly held on March 28, 1955 in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: To authorize the Selectmen to install a san- itary sewer main from the sewer pumping station ina general southerly direction toward the intersection of Massachusetts Avenue and Paul Revere Road in such locations as theSelectmen may determine and to take by eminent domain, purchase or otherwise*to appropriate for such installation and land ac- quisition the sum of $400,000.00 and to provide said sum by the issue of bonds or notes of the Town, and that the Treasurer, with the approval of the Selectmen, be and he hereby/authorized to borrow the sum of $400,000.00 and issm /is bonds or notes of the town therefore, to be payable in ac- cordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years." , and WHEREAS the Selectmen have determined that said sanitary sewer main should be located in the land hereinafter described. NOW, THEhEFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtuea of the provisions of Chapter 504 of the Acts of 1897 and Chapter /9 of the General Laws, and all acts in amendment thereofin any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, embankments, walls, pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along and over the land for the aforesaid purposes, in, through and under the fol- lowing described parcel of land situated in said Lexington and shown on a plan entitled "Plan of Sewer Easement in * acquire any fee, easemgnt or other in land necessary therefore; and, * and in addition thereto, and of any and every other power and authority us hereto, OOh Lexington, Mass.", dated July 25, 1956, Whitman & Howard, Engineers, to be recorded herewith, and bounded and des- cribed as follows: Beginning at a point in the easterly side line of Constitution Road, which pointis the northeasterly corner of said road, thence running southeasterly by a curve to the right with a radius of 970.80 feet along said easterly side line of Constitution Road distant 105 feet to a concrete bound; thence turning and running South 71° 24' 22"' West across said Constitution Road distant 40 feet to a concrete bound in the westerly side line of Constitution Road; thence turning and running northwesterly by a curve to the left with a radius of 867.80 feet along said westerly side lire of Constitution Road distant 46.26 feet to a point thence turning and running South 65° 47' 28" West through lot #5 distance 196.72 feet to a point; thence turning and runnig South 22°48' 40r East through said lot #5 distance 103.02 fest to a point in lot #4; thence turning and running Sohth 56 29' 25 West distant 231.64 feet to a point; thence turning and running southeasterly by a curve to the left with a radius of 320 feet distance 123.98 feet to a point; thence running South 49013 ' 03" East distant 70 feet to a point ; thence turning and running South 40° 46' 57" West distant 145.96 feet to a point; thence running southerly by a curve to the left with a radius of 120 feet*to a point thence running South 170 26' 0" East distant 316.05 feet to a point at the north- easterly corner of Ross Road; thence turning and running* terminus of Ross Road distarnt 40 feet; thence turning and running North 17d 26' 0" West distance 316.05 feet to a point; thence running northeasterly by a curve to the right with a radius of 160 feet distant 162.57 feet to a point; thence running North 400 46' 57" East distant 75.96 feet to a point; thence running northerly by a curve to the right with a radius of 360 feet distant 150.80 feet to a point ; thence turning and running North 560 29' 25" East distant 253.38 feet to a point; thence turning and running North 22448' 40" West distant 106.97 -feet to a point; thence turning and running North 65° 47' 28" East distant 216.54- feet 16. 34feet to a point in the westerly side line of Constitution Road; thence turning and running northwesterly by a curve to the left with a radius of 867.80 feet along said west- erly side line of Constitution Road distant 33.12 feet to a point at t he northwesterly corner of Constitution Road; thence turning and running North 640 46' 44`" East along the northerly terminus of Constitution Road distant 40 feet to the point*beginning; all as shown on said plan and marked *of "Sewer Easement" . And we do hereby also so take temporary construction easements, for use in constructing the sewer now to be in- stalled in t he'easement herein above described, in * permanent various strips of land adjoining said permanent sewer easement, said strips being of such width as to provide, when added to the permanent easement, work space of 25 * distant 121.93 feet * South 720 26' 0" West along the northerly 565 feet on each, side of the proposed location of said sewer, all as Shown on said plan and marked"Temporary Work Ease- ment", and said plan is incorporated herein for a detailed description of s d temporary construction easements. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and, in general, to make all use necessary or desirable in connection with the aforesaid sewer construction, and the Town shall be obligated to restore the land to reasonably the same condition in which it was prior to the entry of the Town thereon. The construction easements shall terminate thirty days after the completion of the sewer construction and, in any event, not later than one year from the date of this order, Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the right of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respec- tive rights in and to the use of their lands lying within said described strips for all 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. No betterments are to be assessed for that part of the sewer main that is to be installed in the permanent easements herein taken. Any trees upon the land included within the above described parcel and strips are included with in the taking. The land in which the aforesaid rights and easements are taken are believed to belong to Eleanor L. floss, but if the name of the owner of such land or of any interest therein is not correctly stated, it is to be understood that such land or interest is owned by an owner unknown Ir us. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 30th day of July, 1956. A b c") Haskel. W. Reed Ralph H. Tucker Ruth Morey Raymond W. James William E. Maloney Majority of the Selectmen of the Town of Lexington COMMONWEALTH OR MASSACHUSETTS MIDDLESEX, SS. AUGUST 27, 1956 Then personally appeared the above-named Haskell W. Reed, Raymond W. James, William E. Malo}iey, 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 acknowledged the foregoing instrument to be their free act and deed, before me, Hazel J. Murrsg Notary Public ry My commission expires: Nov. 29. 1957 At 9:40 P.M. Mr. Saum, representing the Hayden Foundation, and attorney Daniel A. Lynch met with the Board with reference to deed, prepared by Town Counsel, conveying two parcels of land to the Founda- tion pursuant to vote of the Annual Town Meeting under Article 74. Referring to a plan, the Chairman said that it was his understanding that everything is agreeable as the Board spoke of, deeding the two parcels as they were with the exception of a small parcel and a Hayden thirty-foot sewer easement. He said the Selectmen Deed will present another section to the Special Town meeting. In the meantime the Board would grant per- mission to go back and forth over the property as. deemed necessary. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign the deed as presented by Town Counsel and agreed to by Messrs . Saum and Lynch. The Chairman explained that following the Fall meeting the Foundation will give the Town easements for the water that is in there at the present time. He further stated that if Worthen Road is not con- structed within five years, it will not be done at all. Mr. Lynch said that any time within the period of five years from the date of the deed that the Town 567 votes to extend Worthen Road, the Foundation will give the Town the extension. The Chairman stated that any time the Foundation feels it would like tome of the back land the Board of Selectmen would be very willing to discuss the subject. The meeting adjourned at 10:05 P. M. A true record, Attest: Execativelerk