Loading...
HomeMy WebLinkAbout1955-07-25-BOS-min 122 SELECTMEN'S MEETING July 25, 1955 & regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, July 25, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed and Maloney were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of two jurors. Laurie Johnson, accountant, 5 Cary Avenue and Thomas E. Beals, super- visor, 10 Sutherland Road, were drawn for jury duty. Mr. Carroll retired and Mr. Burns, Superintendent of Public Works, met with the Board. Pole location Petition was received from the Boston Edison Com- pany for pole location on Lowell Street. Proposed location was approved by Mr. Burns. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole location: Lowell Street, approximately 550' north of Maple Street, -- One pole. (One existing pole to be removed. ) Petition was received from the New England Tele- Cable location phone & Telegraph Company for permission to maintain underground cable in Bertwell Road. Mr. Burns explained that the original grant in this road was from the people who owned it. Now the road is a public way and this is merely a legal for- mality. or- mality. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following underground cable location: Bertwell Road: From North Hancock Street, northerly approximately 115' of buried cable. Bertwell Road: From Eaton Road southerly, approximately 38' of buried cable. 123 Petition was received from property owners on Rowland Ave. Rowland Avenue requesting figures and necessary forms petition to be signed for construction of the avenue. Mr. Burns was requested to have estimates of costs prepared and the assessment sheets mailed for signatures. Letter was received from Chester C. Duval, 979 Tree Waltham Street requesting re val of a tree from in removal front of his property which/ sated at the entrance ' of a proposed new driveway location. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to have the tree, which was badly damaged by the hurricane, removed. Mr. Burns retired at 7:22 P.M. The Chairman read a letter from Burnham Kelly, 6 Stratham Road, suggesting that funds left to the town by the late J. Willard Hayden be used to develop the reservoir off Marrett Road. The Chairman was authorized to advise Mr. Kelly that the money left to the town under the Hayden will is for recreational purposes and is to be kept under the control of a private corporation and used by the corporation to construct and maintain a recreation center and that the Selectmen have no jurisdiction over the subject. Letter was received from the Division of Civil Civil Ser- Service advising that an open competitive examination vice Examina- has been ordered for a Plumbing Inspector and arrange- tion ments will be made to hold the examination at the earliest possible date. Letters of commendation were received from E. L. Cochrane, Vice Admiral, USN (Ret. ) , on behalf of President Killian of M.I.T. and from the Independent Union of Plant Protection Employees for duty per- formed by the Lexington Police Department during the recent strike at the Lincoln Laboratory. Mr. Stevens, Town Counsel, arrived at the meet- ing and Mr. Burns, Suptt. of Public Works, returned to the meeting at 7:40 P.M. Mr. Burns mentioned Ewell Avenue and Mr. Stevens Ewell Ave. stated that the Town is not liable for any negligence sewer in the plan under which sewers are constructed, but if 124 the plan is right and there is negligence in the way it is built or maintained and damage is caused, the Town is liable. Mr. Stevens said that, assuming the sewer is the property of the town by transfer by DeVries, Mr. burns does not find anything wrong in the construction or maintenance. If, in some way the service connection was blocked, there is no liability on the part of the town for that. Mr. Burns said that there must be something in the servide, and there was an improper connection to the washing machine. Mrs. said it came in from the connec- tion to the washing machine. Mr. Burns said that there is nothing in the main in the street. Mr. Stevens •said that he would write and deny liability. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to adopt an Order of Taking for drainage purposes in connection with the DBAllesandro contract as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 25th day of July, 1955, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1955, namely at an ad- journed session thereof duly held on March 28, 1955 in accordance with 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 un- accepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the assessment of betterments, 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 $63,000.", and 125 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 parcels of land hereinafter described. NOW, THEREFORE, we the undersigned, being a major- ity of the Board of Selectmen of the said Town of Lex- ington, duly elected, qualified and acting as such, do hereby, under and by virtue of the provisions of Chap- ter 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 enabling, take the perpetual rights and easements to construct, inspect, repair, renew, re- place, operate, and forever maintain a covered Scui+face water and ground water drain or drains with any manholes, 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 parcels of land situated in said Lexington, hereinafter described and shown on a plan entitled "Plan Showing Proposed Drain Easements, Lexington, Mass.", dated July 15, 1955, Wm. M. Burns, Town Engineer, to be recorded herewith, and bounded and described as follows: PARCEL 1.-- A strip of land having a uniform width of twenty (20) feet and described as follows: Starting at a point on the northerly line of Pearl Street, at a point which is northeasterly and dis- tant twenty-eight (28). feet from this northeasterly corner of Lot 76; thence southwesterly distant three hundred seventy-one (371) feet, more or less, by said northerly line of Pearl Street, by said Lot 76 and by Lots 90 to 97 inclusive; thence more south- westerly distant six hundred five (605) feet, more oto less, by Lots 98 to 1014 inclusive and by the northwesterly line of Bartlett Avenue; thence more southwesterly distant ninety-nine (99) feet, more or less, through land now or formerly of Peter K. and Anna Pappas on a line which is parallel to and twenty (20) feet southerly of an extension of the northerly sideline of Bartlett Avenue, to the center line of Munroe Brook; thence northwesterly distant twenty-seven (27) feet, more or less, by the center line of said Munroe Brook; thence easterly distant one hundred fifteen (115) feet, more or less, through said land of Pappas on a line which is common with an extension of the northerly sideline of Bartlett Avenue; thence northeasterly distant five hundred ninety-nine I 126 szka (599) feet, more or less, through said land of Pappas by a line parallel to and distant twenty (20) feet from the northerly lines of said Lots 1014 to 98 inclusive; thence less northeasterly distant three hundred seventy-eight (378) feet, more or less, through said land of Pappas by a line parallel to and distant twenty ( 20) feet from the northerly lines of said Lots 97 to 90 inclusive, Lot 76 and Pearl Street; and thence southeasterly distant twenty (20) feet, more or less, through said land of Pappas to the point of beginning; all as shown on the aforesaid plan. PARCEL 2.-- A parcel of land consisting of a portion of Pearl Street and described as follows: Starting at a point on the easterly sideline of Pearl Street, which point is southerly and distant ten (10) feet from the northwesterly corner of Lot 614 thence northerly distant two hundred twenty- nine ( 229) feet, more or less, by said easterly side line to the northerly line of said Pearl Street; thence westerly distant fifty-five (55) feet, more or less, by said northerly line to the westerly sideline of said Pearl Street; thence southerly distant two hundred nineteen (219) feet, more or less, by said westerly sideline to a point on said sideline, which is southerly and distant ten (10) feet from the northeasterly cor- ner of Lot 85; and thence easterly distant fifty (50) feet, more or less, through said Pearl Street to the point of beginning; all as shown on the aforesaid plan. PARCEL 3.-- A strip of land having a uniform width of twenty (20) feet and described as follows: The center line begins at the point in the easterly sideline of Pearl Street at which the common bound- ary of Lot 64 and Lot 65 intersects said easterly sideline; thence easterly distant two hundred (200) feet, more or less, by the northerly lines of Lots 64 to 55 inclusive and by the southerly lines of Lots 65 and 514 to the point in the westerly sideline of Arcola Street, at which the common boundary of said Lot 5 and Lot 54 intersects said westerly sideline; thence easterly distant fifty (50) feet, more or less, through said Arcola Street to the point in the easterly sideline of said Arcola Street at which the common boundary of Lot 26 and Lot 27 127 intersects said easterly sideline; thence easterly distant two hundred (200) feet, more or less, by the northerly lines of Lots 26 to 22 inclusive and of Lot 17 and the southerly lines of Lot 27 and Lot 16 6o the point in the westerly sideline of Lowell Street at which the common boundary of said Lot 17 and Lot 16 intersects said westerly sideline; and extending .for a uniform distance of ten (10) feet southerly and for a uniform distance of ten (10) feet northerly of said center line; all as shown on the aforesaid plan. Said rights and easements in the above described parcels of land are taken without interference with or prejudice to the rights of the respective owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the, rebpecttye owners and their heirs, successors and assigns, all their respective rights in and to the use of their land lying within said above-described parcels for all lawful purposes not inoonsiStent with the use thereof for all of the purposes hereinabove mentioned. The land in which the aforesaid 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 stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Owner Lots as Shown on Aforesaid Plan Parcel 1 Peter K. and Anna Pappas See plan Parcel 2 Joseph A. & Charlotte Goodwin Portion of Pearl Street abutting Lots 76 to 83 inclusive. Margaret C. Canavan Portion of Pearl Street abutting northerly part of Lot 85. John D. Cooke Portion of Pearl Street abutting Lots 65 to 75 inclusive. Francis H. and Portion of Pearl Street abutting Mary I. Lawless northerly part of L©t.64. 128 CD Owner Lots as Shown on Aforesaid Plan Parcel 3 Francis H. and Northerly part of Lots 59 Mary I. Lawless to 614 inclusive. Walter N. and Northerlypart of Lots 55 Dorothy M. Berg to 58 inlusive and portion of Arcola Street abutting thereon. Sidney M. Simons Northerly part of Lots 25 and 26 and portion of Arcola Street abutting thereon. Ernest R. and Northerly part of Lot 17 and of Mary A. Rowland Lots 22 to 24 inclusive, and southerly part of Lots 16 and 27 and portion of Areola Street abutting thereon. John D. Cooke Southerly part of Lots 54 and 65 and portion of Arcola Street abutting thereon. No betterments are to be assessed for this improvement. 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 aforesaid this twenty- fifth day of July, 1955. Leon W. Bateman Selectmen Haskell W. Reed of William R. Maloney Lexington 129 COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass. July 25, 1955 Then personally appeared the above-named Leon W. Bateman, Haskell W. Reed and William E. Maloney, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and sev- erally acknowledged the foregoing instrument to be their free act and deed. Hazel J. Murray Notary Public My commission expires Nov. 29, 1957 Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign an Order for the installation of a sidewalk in School Street, westerly side from Mas- sachusetts Avenue to Marrett Road as follows: SCHOOL STREET MiddleseX, ss. Town of 'Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on June 20, 1955, duly adopted under Article 3 of the Warrant the following vote: "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalk in School Street subject to the assessment upon abutting estates of one-half of the cost, and to appropriate the sum of $5,000 for such construction and to provide for payment thereof by transfer from the Ex- cess and Deficiency Account." NOW THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power and authority us hereto in any way enabling, determine that public convenience requires the establishment of a side- walk along the westerly side of School Street, a public way in said Town, from Massachusetts Avenue to Marrett Road, and it is therefore: 130 PC C") Or ORDERED that a bituminous concrete sidewalk be ' constructed along the westerly side of School Street from Massachusetts Avenue to Marrett Road and that one half of the cost thereof be assessed upon the abutting estates. Annexed hereto and made a part hereof is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Land Estim- Court ated Owner as of Lot Certifi- Assess- January 1. 1955 Number cate No. Frontage ment Francis & Margaret Jane 80 and 75639 265.00 $265.00 Thompson, Hugh Thompson 81 & Violet M. E. Hoffman Trustees, Lexington 71,72.79 83061 294.30 294.30 Methodist Church II Walter J. & Myra F. Scanlon 70 82124 125.28 125.28 Isaac C. & Elaine J. Wilbour 66 82091 209.02 209.02 Robert B. & Phyllis E. Keene 65 63481 103.15 103.15 Gertrude 0. & Dorothy E. 81798 106.07 106.07 Bianconi Arthur T. & Ann K. Burroughs 20 58358 100.41 100.41 William F. Cushman 19 64052 75.00 75.00 James F. & Alice Dwyer 18 81684 75.00 75.00 George M. & Mary E. Gowen 17 75o42 75.00 75.00 William T. & Ella M. Yelland 16 ?7639 75.00 75.00 Charles- A. & Virginia S. 15 71663 75.00 75.00 Golay Joseph L. & Laura J. Anno 14 76910 75.00 75.00 I Robert T. Jr. & Ellen G. 13 73164 75.00 75.00 Platka l 131 Land Estim- ' Owner as of , Lot Court ated Certifi- Assess- Januarq 1. 1955 Number tate No. Frontage ment Fred N. & Florence E. Hurst 12 76509 75.00 75.00 (Cora A. , Thomas J. & Raymond 8 75002 75.00 75.00 F. Hale Joseph F. & Madelyn Clark 6 64210 75.00 75.00 Robert E. & Ruth S. Ross 14 69108 75.00 75.00 Bob Innis, Inc. "2 75667 75.00 75.00 Bob Innis, Inc. 1 75667 112.05 112.05 1 Witness our hands at Lexington aforesaid this twenty- fifth day of July, 1955. Leon W. Bateman II Haskell W. Reed Majority Board of Selectmen of William E. Maloney Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass. • July 25, 1955 Then personally appeared the above mentioned Leon W. Bateman, Haskell W. Reed and William E. Maloney, and sever- ally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, II Hazel J. Murray Notary Public My Commission expires November 29, 1957 132 PC cad Carbert Light The Chairman read two letters from Mr. Donald Mfg. Irwin, Acting Building Inspector, in re applica- tion from the Carvert Manufacturing Company' s ap- plication for a building permit to erect a one-story building for a machine shop at 58 Westview Street. Mr. Stevens stated that on the basis of the information available, this would come under the limitations of light manufacturing under the Zoning By-law. He suggested that the Building Inspector obtain more information re fire ratings, complaints by neighbors, etc. The Chairman said he would have the Building Inspector check with Town Counsel before writing the Carbert Manufacturing Company. Petition signed by Walter E. Murphy, 267 Concord Complaint re: Avenue, and eighteen other persons, was received pro- Dog kennel testing the operation of a dog kennel at 272 Concord Avenue. The Chairman reported that he went over to the kennels and the owner of thero ert has been there p P y only four weeks and none of the neighbors have ever discussed the subject with him. He intends to build a soundproof air conditioned kennel. Inasmuch as the law relating to the subject re- quires twenty-five signatures before the Board may art.„ range a public hearing, the petition is to be re- turned to Mr. Murphy for additional signatures. The Chairman read a letter from Mr. Edwin Worthen suggesting that the Town Counsel obtain three copies of the will of J. Willard Hayden. Messrs. Stevens and Burns retired at 8:45 P.M. Letter was received from Murray G. Dearborn to- Tax title gether with letter from Ralph Frissore offering $1,000 property for lots 243-258 inclusive, Asbury Street and $400 for lots 579-58i4 inclusive, Edna Street, Mr. Frissore has a purchase and sales agreement on land now owned by Robbins and.intends to install water lines on Asbury and Edna Streets for five houses he intends to build on Asbury Street and two on Edna Street. The three members of the Board viewed this prop- erty and unanimously voted not to dispose of this tax title property until such time as the town votes to appropriate necessary funds to bring the sanitary sewer into this area. 133 Fit er consideration was given to Mr. Carota's Tax title offer or $100 each for lots 144 and 145 Tarbell Avenue property which he would like to annex to his present property. The Chairman was authorized to advise Mr. Carota that the Board will accept $100 for each lot, but it is to be definitely understood that the deed, will be so drawn that it will include a restriction whereby no building may be erected on these lots. Further consideration was given to Mr. Joseph A. Moretti's offer of $110 each for lots 187 and 188 Tax title Rindge Avenue. A proposal to sell these lots was property advertised in the July 14, 1955 issue of the Lex- ington Minute-Man. No persons contacted the Select- men' s Office as a result of the advertisement. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to sell and convey lots 187 and 188 Rindge Avenue to Mr. Joseph A. Moretti for $100 each; Mr. Moretti to install water at his expense to service all the property he owns on the street. Letter was received from Leland H. Emery, re- signing as a member of the Board of Assessors due Resignation to the fact that his private busineseleaves no time for other activities. The Board accepted the resignation effective September 1, 1955. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign Sunday Movies License for the Lexington Theatre. The Chairman read a letter from the Chief of Police reporting an accident which occurred on July 17, 1955 at approximately 11:50 P.M. in which the Accident police crusier was involved. The Chairman was authorized to confer with the Chief re collecting for damage from the owner of the other car involved. Information was received from Mr. Palmer, Town Accountant, re 19th of April Committee expenses Transfer over and above the appropriation. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $135.13 from the Reserve Fund to the Patriots' Day Expense Account. The Board felt that the concerns involved should be penalized and have to wait until the Annual Town Meeting in 1956 to be reimbursed for services rendered and goods delivered. 134 a :2 , The meeting adjourned at 9:25 P.M. A true record, Attest: Ele ,, S ectme(n I