HomeMy WebLinkAbout1952-07-14-min 312
SELECTMEN'S MEETING
July 14, 1952
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building on
Monday evening, July 14, 1952 at 7 :00 P.M. Chairman
Nickerson, Messrs. Emery, Gay Driscoll and treed were
present. Mr Burns, Sup't of Public Works, and the
Clerk were also present.
Letter from the Recreation Oomzaittee listing in-
structors and salaries was reed and placed on file.
Letter was received from Mr. Lombard, Chairman
of the Board of Public Welfare, with a copy of a letter
from Mr. Morey in regard to the Welfare Department
Welfare Dep'taffiliating with Community Services . Before taking
& Community any action Mr. Lombard would like to know the Selectmen's
Services attitude on the subject.
Mr. Emery questioned whether or not it wpuld be
legal and the Chairman suggested that possibly one
member of the Board could be appointed as & laison,
but not have any particular tie-in.
Mr. Emery agreed to discuss the matter with Mr.
Morey in an endeavor to obtain more information and
report to the Board at its next meeting.
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Letter was received from Mrs . Boisvert, 11
leighton Avenue, requesting a new water main.
Mr. Burns explained that the house is already
Request for constructed and has been for many years . The appli-
water main cant has a long service tapped off Bow Street and
Leighton Ave.the pipe is all corroded . She sked Mr. Burns
about it and he told her she would have to pay for
the service in from Bow Street, the only alternative
being a new main. The service from Bow Street will
cost approximately 0150. Mr. Burns did not recommend
the installation of a 6" main for one house.
The Chairman was authorized to advise Mrs . Boisvert
that there are no funds available to comply with her
request and her only alternative is to apply for a new
service and pay for ishme.
Letter was received from the Ridge Construction Co;
requesting the extension of water main to Lot #1 Cambridge-
Concord Highway.
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Mr. Burns explained that the lot is the parcel of
land at the corner by the lights and runs from the lights
to the Arlington line. The applicant has been t aged down
by the Planning Board twice on a lay out he had and is now
cutting the land up into individual lots facing on the Ridge
turnpike . He laid that he has informed the applicant Constr-
that there is no water on the 'pike. The lot in question req.
is just at the Arlington line and the applicant wants for
the sown to connect the same as it did for Golden Avenue water
and Bowman Street. Mr. Burns told him that it would take
at least a year if the Board decided to extend the main.
The Chairman was authorized to dvise the ttind.;e are
Construction Company that there,/ho funds available for
the extension and the application will be placed on file
and considered in the 1953 budget.
The Chairman read a letter form Russell H. Kettell
applying for water service for his proposed house on
land running between Pelham Road and Bennington Road .
The Chairman reviewed the action of the board in Kettell
abating a water betterment assessment of : 520 levied request
against Mrs . Bond prior to the land being sold to Mr. for
Kettell. water
Decision (Al the request was deferred until the
Board makes an investigation and determines just where
the proposed house is to be located
Letter was received from the r-rlington Gas Light
Company, together with sketch, showing proposed location Ext. of
of 60' of 4 C. I. gas main in the northerly direction gas mair.
of Lowell Street.
Mr. Burns explained that this is an extension to
service a new house and recormended approval.
Upon motion of Mr. Driscoll seconded by Cllr. Gay,
it was voted to approve the proposed location providing
the pavement is replaced to the satisfaction of the
Sup't. of 'Public Works.
Letter was received from the arlington a§s. bight
Company together with sketch, showing proposed Iocation Ext . o#'
of 350' of 4" C. I. gas main on the east corner of gas main
Coolidge Avenue.
Mr. Burns explained that this is also an e.ttension
to service a new house and recommended approval.
Upon motion of •.r . Emery, seconded by Mr. Gay, it
was voted to approve the proposed location providing
the pavement is replaced to the satisfaction of the
Sup' t of Public Works.
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1.0
Letter was received from the Arlington Gas Light
Company together with sketch, requesting approval of
proposed location for a Safety Itegulator in the sidewalk
adjacent to the Boston Edison building. Mr. Burns had
no objection to the proposed location.
Upon motion of Mr. Driscoll, seconded by Mr. Gay,
it was voted to approve the proposed location for a
Safety Regulator.
Letter was received from Paul J. McCormack, attorney
for Mr. and Mrs . Glenn, 105 Winter Street claiming damages
to foundation walls and cellar floor caused by blasting
Blasting operations done for the Northeastern Gas Transmission Co.
damages Mr. Stevens said that he would check the bond and
advise the Board .
Letter was received from Mr. Stevens advising that,
he has condidered the form of sewer conveyance submitted
by Mr. Berrigan, Director and Chief Engineer of the
Sewerage Commission of the M.D.C. He has made some
changes in the form .1c1 they have been approved by Mr.
Berrigan.
Pursuant to vote of the sown Meeting held May, 26,
Sewer 1952, under Article 3 of the warrant, it was unanimously
Conveyance voted, upon motion of Mr. Lmery seconded by Mr. Driscoll,
to M.D.C. to sell for 05, 000 to the Commonwealth of Massachusetts
the main sewer extending from the Lrlington-Lexington
line to a point approximately 1, 172 feet in Lexington,
which was constructed uy the Town in 1948 .
It was further voted to authorize the Chairman of
the .eonrd to acknowledge the instrument of conveyance
onbehalf of the -,oard of 'electmen.
At 7 :45 P .M. Er. Raymond Reed and Mr. William G.
Potter, Jr. met with the 114oard to discuss with the
Board the lack of water in the fair Oaks section.
The Chairman said that the Board is sorry it
was necessary for the two individuals to request a
Lack of meeting with the Board and that practically all the
water memaers of the Board have leceived telephone calls
in from people in the area . He explained that suddenly
Fair Oaks this evening something in the system snapped and that
whereas the town was getting along on a pressure read:
ing of sixty, it dropped down to forty and even the
Veterans ' Hospital has no water .
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He explained that .Jr. Burns is out at the pr sent time
trying to locate the cause of the drop in pressure
Mr. Potter stated that the residents in his neighbor-
hoorant to go to the State .ut he wanted to discuss
the ubject with the Board to determine whether or not
he could get some concrete information to convey to these
people .
The Chairman said that since this condition started,
the first night there were four Public Works Department
cars, two police cruisers and a. Fire Department car
patrolling, the town and requesting the citizens not to
use water for lawns and gardens. Station WB:z: broadcasted
a request three times that night End twice the next
morning for people to sto; watering except between the
hours of 7:00 A.L. and 9:00 A.M. He said that the Board
also° inserted a notice in the local paper, sent a letter to
the editor which was printed and there was also ancleditorial
on the sub,,ect . He explained that there are no funds avail-
able to correct the situation and that the project has to be
one for future condideration. He stated that he could not
tell the people what the Loard is going to do but at the
present time it is considering an overall study of the water
situation in the town and has )een brought about by the
' conditions on Fair Oaks, Lleriam Hill, Woodhaven and now the
hospital.
Mr. Potter asked if it would be a big job before the
people in his area have sufficient pressure to obtain a
normal supply of water and the Chairman replied that he
does not know how long a project it will be. He said that
the water system has ween strengthened here and there and
stated that when the 16" main in Woburn Street is completed
it will be of great assistance . lie stated th, t it is not
easy to sell the Town the idea of spending thousands of
dollars for water mains .
Mr. Potter mentioned a booster pump end the Chairman
informed him that the petition from the residents in his
area mentioned a booster pump and he wrote them advising
that no member of this Loaru ever heard of any such pro-
position. He said that iIr. Burns informed him that this
sounds inexpensive and sufficient, but there must be
water to boost from here to there and it uoald not wonk
in the Fair Oaks area.
Mr. Potter said that this is his sixth summer in
Fair Oaks and he thinks the people ar more deserving
last year than the year .,efore ,I .d he su„,bested making a
law or rule which would stop the people from using
water and imposing a fine if the rule was violated or
even shut off the water .
The Chairman said that he had been up to LIr. Potter ' s
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house with his f ther and he knows the situation and that
possibly Town Counsel would know if there is rnything to
be done.
LRr. Stevens said that he would not commit himself
without looking into the methods of restricting the
use of water.
The Chairman reported that 1306 houses have been con-
nected into the water su1ply since 194/ and rt the same
time the town is supplying the airport and the hospitals
and may be supplying the research area.
Mr. Potter asked if correcting the situation would
best a matter of two or three years and the chairman replied
that this Loard is going to study the matter, and it is.
close to number one . As a result of its study in the next
few months or weeks, the Hoard will go before Town Meeting
possibly with a recommend tion. He explained tnat when
the Selectmen make a recommendation one way or another it
is then up to the Town Meeting. the appropriation Commit-
tee will also be in on these discussions and will make
recommendations . tie also explained that of late years
the Capital Expenditure Committee has made a third recom-
mendation. He stated that after these recommendations,
the discussion starts on the Town Meeting floor and whether
the program goes through remains to be voted on,
Mr. Reed asked if any attention had been paid to
Roy Cook ' s recommendrtion to run a fire hose to help the
situation.
The Chairman replied that no one on the Board had
heard of this suggestion and he thought if Mr. Cook had
talked to Mr. Burns he in turn would have discussed it
with the Chairman because they have spent hours on the
subject.
Mr. Gay asked if Mr. Potter was able to get any
water and he replied that he c ,uld before noon, but at
5:30 P.M. there was not even air in the pipes.
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Mr. ay asked when it came on and Mr. Potter re-
plied some time around 2:30 in the morning.
Lir. Burns arrived at the ,ieeting at 8:10 P .M. and
when asked about Roy book' s suggestion replied that it
!gould not work.
The Chairman said that the Board would ask Town
Counsel to see if there is any law in existence that
can be used and enforced . He will try to do this
promptly, and if such a law exists the Board will put it
into effect.
Mr. Reed asked what the people could do to see that
the situation is remedied and the ' hairman replied that
he has already explained aJout the vote of Town Meeting.
He said that if they wanted to petition the Appropriation
Committee or the Board of belectmen by all means to do it.
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Messrs . Reed and Potter retired at 8:30 P .M.
Mr. Grant Cole, Director of Civil Defense, met
with the board. He discussed the subject of civilian
defense and mentioned possible need of funds, a room to
operate from, preferably underground, and the generator.
The Chairman explained thLt ehere is a Reserve Fund
and if the Selectmen and Appropriation Committee believes
that money should be transferred to the Civil Defense
Accoent it will be.
The Board had no objection to Mr. (joie contacting
the Board of Fire Engineers relative to the use of the
basement room It the Central Fire Station or relying upon
RoT Cool.' s recommendation regarding the size and type of
generator to be purchased .
Mr. Cole retired at 9:00 P.M.
Further consideration was given to Mr. Viano ' s
letter of May 7, 1952 with reference to drainage on
Bedford Street and Mr. Stevens agreed to have a igi®n-
ference Wednesday morning in an endeavor to oetain
more complete information of the subject.
List of proposed election workers was submitted
to each member of the Board and the "lerk was instructed
not to remove the nImes of any workers who have been
on for a period of time end are willing to work.
Upon motion of $r. Reed, seconded by Mr. Gay, it
was voted to appoint the followeng election workers for
terms expiring Septemeerl, 1953 : (See Selectmen' s
Files-Election Worker ' s 1952 ) .
Letter was received from the Equitable Life
Assurance Society with reference to Chapter 239 of
the Acts of 1932 authorizing cities and towns to appro- Group
priate money for payment of group life insurance pre- Insurance
miums for permanent employees.
Mr. Emery suggested , and the gourd agreed, that
this subject oe considered some time in z)eptemJer.
Mr. Burns retired at 10:05 P.M.
Letter was received from Joseph Connolly, 91 Hill
Street in regard to the increases in both hie land and
house assessment.
Letter was received from ,,Toseph Dattole, 101 Cliffe
Avenue off erin6 c75 each for lots 63-66 inclusive on
Rawson Avenue. Tax title
Mrs Reed and ,.Ir. Ga,- agreed to view the lEnd and property
report at the next ..eeting of the :-oerd .
318
co
Letter was received from Joseph McDonald , 14 banks
ett P
Avenue offering S40 for lots 463-466 inclusive on +.,anks
Avenue. The Board preferred to view the lots oefore
taking any action on the offer.
The Board gave further consideration to Mr. and
Mrs . Robert Butler ' s offer of 000 for Lot 28 Rangeway
Road, plus water betterment assessment in the amount of
472. t' proposal to sell this ldt was advertised in the
Tax title July 3, 1952 issue of the Lexington Minute Man. No
property Persons contacted the Selectmen' s Office as a result of
the advertisement .
Upon motion of Mr. -ornery, seconded by Mr. Driscollii
it was voted to sell and convey Lot 28 Ran6eway toad to
Mr. and Mrs. Robert riutler for 000 plus water better-
ment assessment in the amount of 472.
The board gave further consideration to Mr. George
W. Breslin' s offer of 4200 for Lots 158-162 inclusive on
Hayward Avenue. J proposal to sell these lots was adver-
tised in the July 3, 1952 issue of the Lexin ton Minute
Tax title Man. No persons contacted the Selectmen's Office as a
property result of the advertisement.
Upon motion of Mr. Emery, seconded by Mr. Gay, it
was voted to sell and convey Lots 158-162 inclusive on
Hayward Pvenue to George W. 6reslitn.
Mrs. George Maynards request for the removal of a
Removal of tree in front of her property at 2380 Massachusetts
tree Avenue Was held over .
Certificate of Incorporation on behalf of Morton
Cert. of Inc .Margolis and Diane SeyBort-Ruegg Margolis, 22 Sherburne
Road was held over .
Certificate of Incorporation of 3ehalf of Florence
M. Bruce, 126 North Street was held over.
Mr. Walter Cunha' s offer of 450 for Lot 4, 3lock
95, Reed treet was held over.
Upon Matt= of Mr. Gay, seconded by Mr. Reed, it
was voted to grant the following licenses :
Lexington Theatre, Inc 1794 Mass . Ave. Sunday Movies
Diane L'Etoile 24 Somerset Rd. Guide
Application was received from William P. Brenchick,
on behalf of the Lexington Arts and Crafts, Inc. for per- II
319
mission to use Cary Hall, Estabrook Hall and a conference
room on Sunday, April 26, 1953 for an exhibition.
The Clerk was instructed to advise the applicant
that the i'oard does not wish to make a commitment so Use of
far in advance and su,gest that he le-apply after the Hall
first of January, 1953 .
Upon motion of Mr. Lmery, secondea by Mr. Driscoll, Carroll,
it was unanimously voted that the appointment oy James J. Approval
Carroll Treasurer, on March 4, 1932, of Wary R. McDonough of
as Assistant Town Treasurer Ize and hereby is approved and Appoint-
that such approval oe effective as Jf March 4, 1952 and ment of
apply to all acts of sEid Mary R. McDonouL,h as Assistant Ass 't.
Town Treasurer since that date. reas.
The board recondidered 'drs . Mary P . Hadley' s claim
in the ampunt or v10 for damages to her son' s tricycle
and voted to authorize payment .
Further condideration was given to uhe proposed
sewer easement in connection with the so-called "Sunny-
field" Sewer Project, end upon motion of Mr. heed,
seconded by Mr. Driscoll, the following vote was passed :
ORDERED: - 1NHEHE1S, at a Town Meeting duly called,
warned and held the 3rd day of March, 1952, in accordance
with the provisions of law applicable thereto to wit:-
at the adjourned session thereof held on March 24, 1952,
it was unanimously voted to install a sanitary sewer or
sewers to serve that part of Lexington known as "Sunnyfiele
area and to take by eminent domain or otherwise acquire
any easement or other intere 't in land necessary therefor,
and an appropriation of money was rade for the purpose ,
as will more fully appear by reference to said vote , en
attested copy of which is annexed hereto; and
WHERE1S, the easements hereinafter referred to are
necessary for the instllation of a sanitary sewer or
sewers to serve the afore srid "Sunnyfield"' area .
NOW, THEREFORE, we, the undersigned, being a
majority. of the k)ard of Selectmen of the said Town of
Lexington, duly elected, quklineed and acting as such, do
hereoy in the name and on behalf of the Town of Lexington,
under and by virtue of the provisions of Chapter 79 of
1 the General La „s of Massachusetts and all acts and
amendments thereof and in additiOn thereto, and of any
and every power and uthority U hereto in any way enabling,
take the perpetual right nd easeLent to enter upon, lay,
construct, inspect, repair, renew, replace, operate and
forever maintain a covered sanitary sewed or sewers
with proper pipes, manholes and other appurtenances in,
through and under the followin;7, described strip of land
situated in staid Lekingtonr
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The westerly side line of the easement begins at
point in the northerly side line of a State High-
t way(Route 128) , said point being southwesterly
of and distant one hundred twenty-four and 26/100
(124.26) feet from a Commonwealth of Massachusetts
highway bound in the northebly side line of said
State Highway; thence running northerly at an angle
of 71 408 from the northerly side line of said State
Highway about six 4undred seventy (670) feet to a
point; thence running northerly and a little more
easterly at an angle of 172, 25 ' 30" a distance of
about three hundred forty (340 ) feet to a point;
and thence running northeasterly at en angle of
124 34 ' about two un Zw eighty (280 ) feet to a
point in the westerly side line of Bedford Street,
said point being northwesterly of and distant two
hundred ninety-one and 29/100 (291.29 ) feet from
a Commonwealth of Massachusetts highway bound in
said westerly side line of Bedford Street, and said
last mentioned course being at an angle of 76 551
from said westerly side line of Bedford Street; and
the easterly side line of the easement is parallel
to and twenty-five (25 ) feet distant easterly and
southeasterly from the above described westerly side
line of the easement, all as shown on a plan entitled,
"Plan Showing Sewer Easement Lexington, Mass . Scale:
100 feet to an inch. June, 1952" by Whitman o. Howard,
Engineers, which is to oe recorded herewith.
We take also the temporary right and easement to
enter upon and use as working apace during the period of
construction of the aforesaid sewer a strip of land 15
feet in width immediately adjacent to and extending along
the easterly and southeasterly side of the aforesaid per-
manent easement as shown on the aforesaid plan. This
temporary right and easement shall terminate automatically
at the expiration of six months from the completion of
construction of the sewer but in any event not later than
June 1, 1953 .
The aforesaid rights and easements are token without
interference with or prejudice to the rights of the re-
spective owners, 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 respecti.ge rights
in and to the use of their lands lying within the above
described easements for all lawful purposes not inconsistent
with the use thereof for all of the purposes hereinabove
mentioned; provided, however, that unless the writt n con-
sent of the Town of Lexington by its Board of Selectmen
is obtained, no building or structure or foundations of
buildings or structures shall hereafter be erected or
maintained in or upon any part of the land included within
321
the above described permanent easement. It shall be the
work and after any subsequent entry the groung is cleared
of all surplus materiel and the surface left in as good
condition as et the time of entry. Any trees within the
limits of the above described perim nent easement are
included in the taking.
We award the damages sustained by the persons in their
property by rc son of the takings hereby made as follow:
To Gorham iputtrick and Lrace R. Buttrick, husband
and wife, a. tenants by entirety, both of said
Lexington, the sum of Cpl.
To Eugene Commons and i nes Mary Commons, husband
and wife, both of said Lexington, the sum of 4yl.
To William Lester Larnes and .uertha Louise Larnes,
husband and wife, as tenants oy the entirety, both
of said LeXington, the sum of vel.
In so awarding damn ;es we have awarded them to the
supposed owners of record of the lend as of the date hereof,
but, if the name of the owner of any interest in said land
is not correctly stated, it is to be understood that such
inLereet is owned by an owner or owners unknown to us, and,
in such case, our award is made to the lawful owner or
owners thereof .
No bettermmnts are to be assessed for the improvement
for which these takings are .,rde .
WITNESS our hands in said Lexington the day and
year first above written.
Donald E. Nickerson
Frederick M. Gay
Haskell W. Reed
Geor,•e W. Emery
William H. Driscoll
Board of Selectmen
322
gO
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. July 14, 1952
Then personally appeared Donald E. Nickerson,
William H. Driscoll, George W. Emery, Frederick M. Gay
Y�
and Haskell W. Heed, known to me to be the duly
elected, qualified and acting Selectmen of the Town of
Lexington and acknowledge the foregoing instrument to be
the free act and deed of the Town of Lexington.
Before me,
Hazel J. Murray
Notary Public
My commission expires Nov. 29, 1957
I, Mary R. McDonough, duly appointed Assistant Clerk
of the Town of Lexington, acting in the absence of the
Town Clerk having been appointed, hereby certify that at
the Town Meeting duly called, warned and held the 3rd
day of March, 1952, in accordance with the provisions of
law applicable therefrom bo titit-at the ad]iourned session
thereof held on March 24, 1�b2, the following vote was
unanimously adopted;-
"VOTED: To install a sanitary sewer or sewers to
serve that part of Lexington known as "Sunnyfield" area
as shown on a set of ple.ns in the office of the 'iown
Engineer, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in
land necessary therefor, and to appropriate the sum of
w212m552.65 for such installation t,nd land acquisition,
of which 02,552. 65 is to be transferred from the North
Lexingtoh Sower Account, w10,000 is to be transferred
from the Emcees and Deficiency Account and the balance
of 4200,000 is to be provided by the issue of bonds or
notes of the Town; and the Treasurer, with the approval
of the Selectmen, be and he hereby is authorized to
borrow the sum of w200,000 and issue bonds or notes of
the Town therefor, to be payable, in accordance with the
provisions of Chapter 44 of the General Laws , within a
period not exceeding thirty years ."
A true copy.
Attest:
,nary R. McDonough
Assistant Town Clerk