HomeMy WebLinkAbout1961-09-18-BOS-min het
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SELECTMEN'S VETTI NG
September 18, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, September 18, 1961, at 7:30 P.M. Chairman Morey,
Messrs . Adams, Ferguson and Richards were present . Mr .
Stevens, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and the Executive Clerk were also present .
Mr. Cole arrived at 8:10 P.M.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
& Telegraph Company for permission to locate one pole
on Hudson Road.
Pole Notice of the hearing was mailed to the petitioners
location and to the owners of property as listed on the peti-
tioners ' blueprint .
Mr. Mahon, representing the Boston Edison Company,
and four other individuals were present at the hearing .
Mr. Mahon explained that the proposed location is
a matter that the telephone company is particularly
interested in. He stated tkat the distance from the
pole now at Hudson Road to Spring Street is about 210
feet, and the telephone company advised that the roots
are hanging low at that point and the installation of
a pole is necessary .
No one wishedand to be recorded in
opposition the
hearing was declared closed, at which time the group
retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing pole location:
Hudson Road, northeasterly side, approximately 125
feet southeast of Spring Street, --
One pole .
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
& Telegraph Company for permission to locate two poles
on Robinson Road.
Pole Notice of the hearing was mailed to the petitioners
locations and to the owners of property as listed on the peti-
tioners ' blueprint.
Mr . Mahon, representing the Boston Edison Company,
was the only person present at the hearing . He ex-
plained that the petitioners plan to run a service to
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the school from the Grove Street entrance and the poles
will be located on the westerly side of Robinson Road
abutting the property of George J. Anderson. From that
line , it is planned to set three poles on Town property
and hang street lighting fixtures. He stated that the
two poles now being petitioned for will carry a line
only for street lighting to light up the rear of the
school.
Mr. Richards asked if the wires would be buried,
and Mr . Mahon replied in the negative .
Mr. Mahon stated that he had discussed the subject
of street lighting with Mr. Spiris for both the front
and rear of the school . Mr. Spiris referred to the
Standing School Building Committee , working with the
architect, Mr . Crimp, and suggested that Mr . Mahon
contact Mt . Crimp. Mr. Mahon discussed the matter
with him today and he is agreeable towhat the company
plans to do in the way of setting concrete units in School
front of the school. Mr. Crimp suggested that Mr - street
Mahon obtain rights for the street lighting for the lighting
front of the school and the rear of the school from
the Board of Selectmen, indicating that he and the
School Building Committee are through with it.
Mr. Stevens explained that it is school land and
under the control of the School Department and he
thought it would be the School Committee rather than
the Board of Selectmen fromwhom rights would be ob-
tained.
Mr. Mahon said if the Board felt this to be a
function of the School Department, he would contact
that department.
The Chairman asked if the six poles that go from
Grove Street would light the parking area or just the
entrance , and Mr . Mahon replied that the last pole
would reach the parking area and the lights will be
4,000 lumen.
Mr. Mahon retired at 7:55 P.M.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the
following j/o pole location: Pole
location
Robinson Road, westerly side, southerly from a point
approximately 50 feet south of Mountain Road, --
Two poles .
Upon motion duly made and seconded, it was voted
to request the Appropriation Cohuunittee to transfer Transfer
the sum of $1,255.45 from the Reserve Fund to the
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Elections - Jurisdiction Selectmen Account, the addi-
tional funds being necessary because of unforseen
expenditures incurred by the referendum on the school .
It was voted to advise the Appropriation Committee
that a transfer will have to be requested to meet the
payrolls for the Accounting Department for the balance
Transfer of the year, but until more definite information as to
the amount needed is obtained, the request will be held
in abeyance .
Mr. Stevens presented an Order of Taking of a
proposed sewer easement from Grove Street through
Sewer private property to Eldred Street and explained that
easements there would be a twenty foot permanent easement and a
twenty foot temporary easement .
Mr. Carroll explained that the sewer will flow
down Grove Street to the easement and tie into the
sewer at Eldred Street.
Upon motion duly made and seconded, it was voted
to adopt an Order of Taking for the sewer easement for
the Grove Street and Eldred Street sewer in the follow-
ing form:
COMMONWEALTH OF MASSACHUSET_'S
MIDDLESEX, SS Town of Lexington
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 18th day of September, 1961, it is
ORDERED : Whereas at a Town Meeting duly called, warned
and held on March 3, 1961, namely at an adjourned session thereof
duly held on March 20, 1961, in accordance with the provisions
of law applicable thereto, it was unanimously
"VOTED: That the Selectmen be and they hereby
are authorized to install sewer mains, subject
to the assessemnt of betterments or otherwise ,
in such accepted or unaccepted streets or other
land as the Selectmen may determine , in accordance
with Chapter 504 of the Acts of 1897 and all acts
in amendment thereof and in addition thereto, or
otherwise , and to take by eminent domain, purchase
or otherwise acquire any fee , easement or other
interest in land necessary therefor; and to appro-
priate for such installation and land acquisition
the sum of $331 ,100.00 and that payment be pro-
vided by the transfer of $56,900 .00 frau the
Sewer Assessment Fund, the transfer of $257,200.00
from the Excess and Deficiency Account and the
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balance of x}20,000.00 to be transferred
from the unexpended balance of the appropri-
ation for the installation of sewer mains
voted under Article 14 of the Warrant for
the 1960 Annual Town Meeting ."
WHEREAS the Selectmen have determined that it is
necessary to install a sewer main in the land herein-
after described.
NOW, THEREFORE , 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 virtue of the provisions of Chapter 504 of
the Acts of 1897 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 in the name and on behalf of
said Town of Lexington the perpetual rights and easements
to lay, construct, inspect, repair, remove, replace,
operate andforever maintain a sanitary sewer or sewers
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 a certain strip of land
in said Lexington extending from Grove Street to Eldred
Street and bounded and described as follows :
Beginning at a point in the westerly line of
Grove Street, as laid out by the Middlesex
County Commissioners by order dated December 6,
1946 and recorded in Middlesex South District
Deeds, Book 6990, Page 463, and registered in
Middlesex South Land Registry as document
209505, which point is situated 275.48 feet
northerly of the southerly terminus of a curve
with a radius of 604. 64 feet; thence running
South 79° 37 ' 34" West through an unnumbered
parcel, Land Court lot 8, and an unnumbered
parcel, distant 617.58 feet to a point in the
common boundary of said last mentioned unnumbered
parcel and Land Court lot "0" ; thence turning
and running South 22° 54' 10" East along said
last mentioned common boundary, the common
boundary of said lot„ "0" and of lot 3, the
common boundary of/Aid lot 3. andf and Court
lot 389, distant 237.49 feet to a point; thence
turning and running South 50 36' 50” West
through said Land Court lot 389, distant 80 .66
feet to a point in the northerly line of Eldred
Street; thence turning and running easterly by
a curve to the right having a radius of 1500
*Land Court Lot "N" and
:,: and the common boundary of said lot 3 and
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feet along said northerly line of Eldred Street,
distant 21 .26 feet to a point ; thence turning
and running North 5° 36' 50" East throu ,h said
Land Court lot 389 and into said lot 3, distant
78.54 feet to a point; thence turning and run-
ning North 22° 54' 10" West through lot 3, dis-
tant 217.63 feet to a point in the northerly
boundary of said lot 3; thence turning and run-
ning North 79° 37' 34" East along said northerly boundary
of said lot 3, the northerly boundary of lot 2
and the northerly boundary of lot 1, distant
586.22 feet to a point in the westerly line of
Grove Street ; and thence turning and running
northerly by a curve to the right having a radius
of 604.64 feet along said westerly line of Grove
Street, distant 21 .01 feet to the point of begin-
ning;
all as shown and marked "20' Sewer Easement" on plan
entitled "Plan Of Sewer Easement Off Eldred & Grove Sts .
Lexington, Mass .", dated July 26, 1961, John J. Carroll,
Town Engineer, to be recorded and registered herewith and
a copy of which is annexed hereto and made a part hereof .
We do hereby also so take temporary construction ease-
ments, for use in constructing the sewer to be installed
in the permanent easement hereinabove described, in the
following strips of land situated in said Lexington:
1. A strip of land having a uniform width of 20 feet ,
measured at right angles between side lines, and
extending from Grove Street through an unnumbered
parcel, Land Court lot 8, and an unnumbered parcel
to Land Court lot "0", said strip abutting upon
and extending the full length of the northerly
boundary of the above described permanent easement,
all as shown and marked "20 ' Construction Easemm.ent"
on said plan; and
2. A strip of land having a uniform width of 20 feet,
measured at right angles between side lines, and
extending through a portion of Land Court lots "0"
and "N" and through Land Court lot 389 to Eldred
Street, said strip abutting upon and extending
the full length of the westerly and northwesterly
boundaries of the above described permanent ease-
ment, all as shown and marked "20 ' Construction
Easement" on said plan;
and reference to said plan is made and said plan is in-
corporated herein for a complete and detailed description 1 1
of said strips of land.
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The temporary construction easements herein taken
include the right to enter upon the land taken, to deposit
earth and material t-ereon, and in general to make all use
necessary or desirable in connectionwith the aforesaid
sewer construction. The construction easements shall
terminate thirty days after the completion of the sewer
construction, and, in any event, not later than September
18, 1962.
Said rights and easements in the land included within
the above descriptions are taken without interference with
or prejudice to the rights of the respective owners of the
land, except so far as is reasonably necessary in the ex-
ercise of the rights and easements hereby taken, and there
are reserved to the respective owners and their heirs,
successors and assigns all their respective rights in and
to the use of their lands for all lawful purposes not in-
consistent with the use thereof for all of the purposes
hereinabove mention d.
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 as good condition as when the entry
was made .
Any trees upon the land included within the above
described strips of land a-e included within the taking.
The land in which the aforesaid rights and easements
are taken is believed to belong to the following named
partie s, 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 :
Registered Land
Lots as Indicated Certificate
Owner on Aforesaid Plan of_Title Book Page
Karl W. Ahlstrand,
Jr. and Joan P. Ahlstrand
hus'-and and wife 8 and parcel
marked "Part of
Grove Street prior
to County Layout" 91511 587 161
Richard H. Soule "N", "0" and 389 86027 560 77
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Unregistered Land
Lots as Indicated
Owner on Aforesaid Plan
Drummer Boy Corporation Unnumbered
Vee C . Tsien and Fiu Hwa
Tsien, husband and wife 3
And said Board, having considered the question of
damages, hereby determines that no damages have been
sustained and none are awarded .
Betterments are to be assessed for this improvement .
The area which it is expected will receive benefit
or advantage, other than the general advantage to the
community from such improvements, is as follows :
Land as Shown Estimated
Owner on Aforesaid Plan Betterments
Drummer Boy Corporation Parcel marked $ 2,049.75
"Parcel Assessed"
and it is hereby estimated that betterments will be assessed
upon such parcel of land in the amount hereinabove set forth.
WITNESS our hands at Lexington as aforesaid, this 18th
day of September , 1961.
/s/ Ruth Morey Norman J. Richards
Alan G. Adams Gardner C . Ferguson
Lincoln P. Cole , Jr.
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss September 18, 1961
Then personally appeared Ruth Morey, Alan G. Adams,
Lincoln P. Cole , Jr. , Gardner C . Ferguson and Norman J.
Richards, known to me to be a majority of the duly elected,
Qualified and acting Selectmen of theTown of Lexington,
and acknowledged the foregoing instrument to be their free
act and deed and the free act and deed of the Town of Lex-
ington, before me ,
/s/ Harold E. Stevens
My commission expires August 31, 1968
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Notice was received from the Metropolitan District
Commission relative to a hearing on September 27 in
regard to proposed improvements or extensions to the
Metropolitan Sewerage System.
Mr. Stevens explained this is the regular statutory
hearing and the Commission is required by law to give
notice . He said this brings up the matter of the
Arlington relief sewer. He has not heard from Mr. Monahan,
Town Manager in Arlington.
Mr. Adams asked if the subject should be brought up MDC Sewerage
at this hearing and Mr. Stevens replied that if the Town System
of Arlington is not going along with it, there is nothing
much Lexington can do. He suggested that the Chairman
contact Mr . Monahan and ask if he has gone into this any
further.
The Chairman agreed to contact Mr. Monahan and then
call Mr. Richards who is to contact Mr. Buckley, Chairman
of the House Committee on Metropolitan Affairs .
Notice was received from the County Commissioners
that a meeting will be held on Wednesday, September 27,
for a discussion of matters pertaining to public roads .
A representative of the Town was invited to attend and
present the Board' s views with reference to highway
improvement for the year 1962. Chapter 90
Mr . Carroll stated that either he or Mr . Higgins
would attend. He said he presumed that he would fol-
low the procedure of continuing with the construction
of Concord Avenue next year .
The Chairman referred to the articles for the
October Town Meeting, and upon motion duly made and
seconded, it was voted not to include an article for Westview
the acquisition of theland adjacent to Westview Cemetery Cemetery land
and to postpone action until the March Meeting. Mr.
Carroll was requested to have a forty foot scale plan
prepared.
Mr. Stevens retired at 8:58 P.M.
Mr . Carroll referred to access from Worthen Road
to Route 2 and showed the Board a plan of Wellington Worthen Rd.
Lane which he is calling Worthen Road and the layout Route 2
of Wellington Lane .
Mr . Carroll also went over the traffic control
suggested for Worthen Road at Massachusetts Avenue . Traffic
Letter from Mr. Leonard M. Lansky, 112 Burlington
Street, together with a communication he has sent to
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the editor of the Minute-man relative to the develop-
ment of theMcDevitt property, the Planning Board and
Emerson Road, was noted and placed on file .
Meeting An open meeting with the residents of Grove Street ,
Burlington Street area has been scheduled by the Plan-
ning Board to be held in Estabrook Hall on Wednesday,
September 27.
The Chairman reported that Antonio Venuti had been
in and discussed his sewer betterment assessment with
her and Mr. Carroll.
Mr. Carroll presented a plan and explained that a
sewer easement was taken through the property and he
recommended abating the entire amount . He stated
that the sewer was not constructed in front of Mr . Venuti ' s
property and the assessment is illegal. He said Mr .
Venuti does not want to connect and was told that there
would be no betterments . Mr. Carroll said tht if the
Abatement betterment is abated, M-' . Venuti should be given to
understand that he will never be able to connect .
Upon motion duly made and seconded, it was voted
to abate the sewer betterment assessment levied against
property at 397 Lincoln Street owned by Antonio and
Concetta Venuti in theamount of $702.15, with the under-
standing that no permission will be granted to connect
this property to the sewer .
M». Carroll referred to Mr. Schlaich' s request for
a permit to move a building from 10 Wyman Road to Lot #1,
Redcoat Lane . He reported that he had gone over the
proposed route with Mr. Mazerall and there is nothing
Permit to in the way except a couple of tree branches. He said
Move build- as far as Kinneen' s park is concerned, no bushes will
ing be moved. The park is to be done over and Mr. Mazerall
does not think there will be any damage done .
Upon motion duly made and seconded, it was voted
to grant Mr. Schlaich a permit to move his building
subject to a cash deposit of $1,000.00.
Letter was received from Richard P. Cromwell,
Chairman of the Board of Trustees of the Pilgrim Congre-
Signs gational Church, requesting the erection of a sign at
each end of Coolidge Avenue pointing to the new church.
Mr. Carroll explained that the Department of Public
Works has been putting up direction signs for the churches
free of charge .
The Chairman reported that the property is now being
Curbing graded, and she thought curbing should be installed in
front of the church and also a sidewalk.
S
Mr. Richards said the time to consider the sidewalk
would be the Annual March Meeting .
Mr. Carroll reported that he had talked with Mr. Grush
and at that time , understood that the church did not want
curring. He said he would contact him again to make
certain, and if the curbing is desired, he will have it
put in.
Letter was received from Miss Virginia L. Sargeant,
L� Eustis Street, advising that she will pay the entire
cost of extending the sewer to her property at an esti-
mated cost of 31200. Sewer
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to proceed with the installation
of the sanitary sewer to service the property at 4 Eustis
Street, subject to payment of $1200 by Miss Sargeant.
Mr. Carroll mentioned that the parking area is ready
for use and said he understood the Board intended to have
parking meters installed in the two municipal parking
areas in the center . Parking
Mr. Carroll was authorized to obtain bids for park- Meters
ing meters to be installed in the Edison Way and Waltham
Street parking areas .
Mr . Carroll retired at 9:35 P.M.
Further consideration Tar given to letter from
Brewer & Lord, dated August 30, 1961, and upon motion Insurance
duly made and seconded, it was voted to adopt the Public
& Institutional Property Plan as explained in the letter.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on September 11, 1961.
Petition was received from the Boston Edison
Company and the New England Telephone and Telegraph
Company for j/o pole locations on Moreland Avenue and
Meriam Street.
Both proposed locations were approved by Mr.
Carroll, and upon motion duly made and seconded, it
was voted to grant the petition and sign the order Pole
for the following pole locations: locations
Moreland Avenue, northwesterly side, approximately
360 feet northeast of Davis Road,
One pole .
(One existing j/o pole to be removed. )
82
Meriam Street, southeasterly side , approximately 343
feet northeast of Massachusetts Avenue , --
One pole .
(One existing j/o pole to be removed. )
Letter was- received from Mr. Arthur E. Burrell,
Director of Civil Defense, recommending that each
Civil Defense depart*rw nt prepare a comprehensive anddetailed plan
of what action it and the individuals in it would take
upon receipt of a Civil Defense Attack Warning.
Mr. Cole was authorized to discuss the subject
with Mr Burrell and it was agreed to send a memo
to all deparUment heads, not previously requested,
to submit the plan requested by Mr. Burrell .
Letter was received from Mr. Irwin, Building
Inspector, stating that he has had numerous inquiries
relative to fallout shelters . He explained that in
many instances the shelters are to be built on small
lots , and if they are to be considered structures,
it would be in violation of the Zoning By-Law inasmuch
as there would not be the required setback or sideyard
Fallout distance .
Shelters One community has ruled that if the fallout
shelter is built entirely below ground level, it is
not a structure . The building laws now define a
structure as "any combination of materials" and as
such, the proposed shelters would have to meet the
Zoning requirements .
It was agreed to ask Mr. Irwin to submit a
specific amendment to the Building By-Law to be
acted upon at the October Special Town Meeting .
Further consideration wss given to appointments
to the Board of Appeals . The Chairman agreed to
contact Mr. Pichard P. Cromwell to find out whether
Board of or not he would serve as an Associate Member .
Appeals Mr. Charles H. Norris was selected to replace
Mr. Lester T. Redman as a regular member , effective
October 1, 1961 .
Letter was. received from Mr . Robert H. Holt,
President of the Isaac Harris Cary Educational Fund,
Cary stating that in his opinion, no objection could be
Building made by the Fund to the proposed use of the base-
ment in Cary Memorial Building for shelter pur_.;oses .
The Chairman reported that there have been
instances during weekends when people in Town had
taken rubbish to the dump in borrowed trucks and were
unaware of the fact that they have to have a permit. Dump
She suggested that emergency permits for Sundays be Permits
issued by the Police Department . The Board had no
objection.
The meeting adjourned at 11:08 P.M.
A true record, Attest:
Executive,Clerk, Selectmen