HomeMy WebLinkAbout1961-10-09-BOS-min 98 1
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SELECTMEN' S =TING
October 9, 1961
A regular meeting of the Board of Selectmen was
held in theSelectmen' s Room, Town Office Building,
on Monday, October 9, 1961, at 7:30 P.M. Chairman
Morey, Messrs . Adams , Ferguson and Cole were present .
Mr. Stevens , Town Counsel, Mr. Carroll, Superintendent
of Public i,Jorks, Mr. Staples, Executive Assistant, and
the Executive Clerk were also present .
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to lay and maintain underground conduits and manholes
on Bedford Street.
Notice of the hearing was mailed to the petitioner,
the owners of the property as listed on the petitioner ' s
Manhole and plans and also filed with the Superintendent of Public
conduit Works .
Mr. Consilvio, representing the petitioner, was the
only person present at the hearing . He explained that
it is necessary for the company to relocate the conduit
due to the widening of Route 128 .
The hearing was declared closed at 7 :35 P.M. and
Mr. Consilvio retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing conduit andmanhole locations:
Bedford Street : --From a point approximately 35 feet
(State Highway) westerly of Station #49, westerly
and northwesterly, thence westerly
and northwesterly to Pole #r6/81
approximately 1260 feet of Conduit,
also enlarge two (2) manholes and
place one (1) manhole .
Bedford Street : - From Manhole 54/109 northerly to
(State Highway) Pole 6/73, approximately 50 feet
of Conduit .
Bedford Street: --From Manhole 54/111 southwesterly
(State Highway) to Pole 6/80 approximately 30 feet
of Conduit .
Bedford Street & From Manhole 54/111 northeasterly
Bernard Street to Pole #3 approximately 300 feet
of Conduit .
0
Mr. Stevens reported on the conference held Sep-
tember 19 with Mr. Benkley, 55 Whipple Road, and said
that Mr. Benkley was unhappy about the terms of the
agreement and the amount offered nim. He wanted authority
to put up more towers andradio antennas and finally agreed
he would be satisfied if he could put up an additional
one in the rear . He also might want to string a wire Benkley
up among the trees . Mr. Benkley said the antennas
are dangerous at the ttme they are being used for trans-
mission ana he wee not sure a fence is needed but it is
something to consider .
Mr . Sevens reported that Mr. Benkley brought up
the question of price . He purchased the entire area
for 528,000 and the only reason he purchased it was that
he wanted the extra land, particularly the high land .
Mr. Benkley told Mr. Stevens he did not know what the
land is worth and felt he would have to get an appraiser
and said the amount the Town offered was completely in-
adequate . Mr. Stevens told him to get an appraiser and
the Board would consider it . He called and said the
property had been appraised, but he did not want to give
the name of the appraiser because he had not discussed
with him the proposition he was about to make to the Town .
The damage , in the opinion of the appraiser, was in excess
of the figure of $1500 whichis what Mr. Benkley had said
he would accept . Mr. Stevens reported that he made no
comment on the amount andtold Mr . Benkley he would report
to the Board.
The Chairman said that apparently Mr. Benkley wants
$1500 plus the fence .
Mr . Stevens explained that he said he did not care
about the fence . He is not sure one is needed, but he
would have no objection .
Mr . Ferguson asked who would be responsible if some
child were electrocuted, and Mr . Stevens replied that he
did not think the Town would be .
Mr. Ferguson asked if there was any responsibility
on Mr. Benkley' s pert, and Mr. Stevens said he thought
there might be if he was negligent .
Upon motion duly made and seconded, it was voted
to authorize Mr. Stevens to offer Mr. Benkley $1,000,
no fence to be erected by the Town , Mr . F,enkley to have
not more than two towers in the area represented by the
extension of the line as indicated on a plan submitted
by Mr . Stevens and life tenancy.
Letter was received from Mr. Stevens advising that
the Metropolitan District Commission consented to the
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Town furnishing and selling water to thehir Force for
lir Force use at Hanscom Field . Three copies of the proposed
water contract have been delivered to James C . Mallen, Con-
tracting Officer at Hanscom Field .
The Chairman read a notice from the Clerk of the
Concord Court certifying that Edward Connors, #7 Lantern
Lane , was convicted on two counts for selling alcoholic
beverages to minors .
Mr . Stevens advised that the Board could take no
action without a hearing, and stated that after a hear-
ing, the Board could act by suspending, revoking or
Connors cancelling the license .
It was agreed. to obtain a complete report from
the Police Department, have the Chief of Police meet
with the Board at 8 :15 P.M. and Mr. Connors at 9:00 P.M.
Notice was received. from the Associated Industries
of Massachusetts with reference to Sunday laws which
apply to Columbus Day, October 12 .
The Chairman read a letter from the Planning Board
relative to an option obtained for the acquisition of
lot 15, block 13, Meagherville . The Planning Board
recommends the purchase of the lot for future playground
and recreational purposes .
Mr. Stevens explained th t the parcel is not worth
spending much money on to check the title and recommended
that it be taken by eminent domain and payment of 4100
be paid for it .
s'xercise Upon motion du,y made and seconded, it was voted
of option to exercise the option obtained by the Planning Board
from Miss Helen F. Carroll to acquire lot 15, block 13,
Meagherville , to take the property by eminent domain
and pay Miss Carroll 4100 .
Letter from the State Department of Public Works
Agreement relative to an Agreement in connection with installation
of sewer pipes, Route 128, was referred to Mr. Stevens .
The Chairman read a letter from the Fire Commissioners
requesting the insertion of an article in the warrant for
the Special Town Meeting for additional funds for Personal
Services . The Commissioners advised 'oh t to fulfill
granting ten paid holidays, more money is needed. Addi-
tional funds are also needed for extra duty during the
hurricane , extra duty until the end of the year, longevity
vacations and shortages .
Upon motion duly made and seconded, it was voted
to include an article for additional fund for Personal •
Services, the amount to be determined prior to the Town
Meeting .
Mr. Ferguson was recorded in opposition.
Mr. Stevens retired at 8:35 P.M.
Messrs . Flynn and Grabill of the Lincoln Board of
Selectmen met with the Board to discuss Regional Incineration . •
Mr. Grabill explained that the present Lincoln dumb
is situated in the confines of the National Park, and
before long, the operation of the dump will have to be
discontinued.
The Chairman explained that the Annual Town Meeting
last March voted to take a large tract of landby eminent
domain located between Hartwell Avenue and Route 128 with
the idea in mind of Sanitary Land Fill. She stated that
a refuse disposal study has been made and the Town will
be voting on what it is going to do next March . Incineration
Mr . Richards explained that it was the recommendation
of the study that Lexington enter into a Sanitary Land
Fill operation and postpone the construction of an
incinerator. He said the size of the area is such that
it will take between ten and twenty years to fill it.
Mr. Grabill said that if anything develops whereby
the Board changes its app °oach to the subject of dumping, •
he would appreciate receiving a call and an opportunity
to pool ideas .
Messrs . Flynn and Grabill retired at 8 :55 P.M.
Upon motion duly made and seconded, it was voted
to sign a Memorandum of Agreement (Concord Avenue ) , Chapter 90
Chapter 90 construction . Agreement
Letter was received from Mrs . A. C . Dowling, 27
Percy Road, referring to the sewer being brought up to
connect to the home of Miss Sargeant, 4. Eustis Street .
Mrs . Dowling is interested in having her home connected
and would like the cost apportioned on her tax bill . Sewer in
Mr . Carroll explained that Mrs . Dowling' s better- Eustis Street
ment on Eustis Street would be $683 .47. He stated
that if an oder of construction is prepared, and bet-
terments assessed, it would not be fair to Miss Sargeant
who agreed to pay the entire cost . Since Miss Sergeant
has not paid the $1,000 construction charge , he suggested
assessing her the same as what Mrs . Dowling would be
assessed. This way the Town would not receive the entire
amount at one time , but would not be losing any money.
The Board accepted Mr. Carroll ' s suggestion .
1 02
Petition was received from residents of Webster
Road, Mr . James A. Carrig and the Minute Man Highlands
Association for connection to the sanitary sewer .
Sewer Mr . Carroll stated ttat the trunk sewer was in-
connections stalled at a substantial cost to the Town and the pro-
perties should be connected. These would be included
in the 1962 budget .
Upon motion duiv made and seconded, it was voted
Traffic Pules to amend the Traffic Rules and Rggulations as follows :
& Regulations
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN, OCTOBER 9, 1961
ARTICLE V, Section 2 (No Parking)
By adding to this Section the following:
Wallis Court . On both sides from Massachusetts
Avenue for a distance of 275 feet .
Winthrop Road . O» the northwesterly side from
Massachusetts Avenue for a distance
of 150 feet .
,/s/ Ruth Morey
Lincoln P. Cole , Jr . Majority
Boa rd of
Alan G. Adans Selectmen
Adopted October 9, 1961 N„rn.an J. Richards
A true copy, Attest: Gardner C . Ferguson
/s/ Hazel J. Murray
Executive Clerk, Selectmen
October 10, 1961
Then personally appeared the above-namve hazel J.
Murray, Executive Clerk of the Board of Selectmen, and
acknowledged the foregoing to be her free act and deed,
before me ,
•
/s/ James J. Carroll
Notary Public
Letter was received from Mr. and Mrs . James F.
Flynn, Co-Chairmen, Concessions Committee , Lexington
P.T .A. , asking confirmation of the verbal agreement
of last spring, relative to the Refreshment Stand. . Refreshment
It was - greed to confirm the verbal agreement Stand
whereby the stand will remain at the field during the
football season and will be transferred to the Public
Works Department on Bedford Street for outdoor storage
until next spring; the committee to be responsible for
transferring the stand to and from the Public Works '
grounds .
The Chairman read a letter from the Lexington
Historical Society relative to signs directing tourists
to the Battle Green and the sign at the entrance to Signs
the Colonial Cemetery.
In discussing the subject, one or two other lo-
cations were considered, and it was agreed that ap-
propriate sins should be erected before the tourist
season, 1962.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on October 2, 1961, as amended.
Mr. Carroll retired at 9:35 P.M.
Letter was received from the Town Celebrations
Committee relative to the proposed program for the
observance of United Nations Day, October 24. U.N. Day
Mr . Cole and Mr . Richards agreed to represent
the Board at the 7:00 A.M. ceremonies at the Green;
the Chairman to attend the ceremonies scheduled for
the day and as many of the Board as possible attend
the meeting in the evening at the High School.
The Chairman reported that the Town Celebrations
Committee has only twelve United Nations flags and,
from her conversation with Mrs . Litchfield, the Com-
mittee would be willing to intersperse the flags with
the American flags and have no flags along the street
in the Center .
Upon motion duly made and seconded, it was voted.
to approve interspersing United Nations flags with
American flags around the Common, with no flags along
the street in the Center .
Further consideration was given td the 250th
anniversary of the Town' s incorporation, 1963 .
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The Board was of the opinion that this should be
April 19 a function of the Town Celebrations Committee , the
committee to arrange the program and make suggestions
as to the enlargement of the committee in the areas
it thinks advisable .
Written applications for permission to hunt on
Town-owned land were received from Stan D. Cameron,
30 Carville Avenue , age seventeen, and Lester H. Ludlam,
Hunting Jr. , 12 Lantern Lane, age eighteeen .
The Clerk reported that Acting Chief of Police
Corr reconnended that applications be denied.
Inasmuch as it has been the policy of the Board
not to grant permission to hunt on any Town-owned land,
both applications were denied .
The Chairman reported that Mr . Alden L . Ripley had
called and requested permission to hunt on the Tower
Hunting Estates meadow property.
Upon motion duly made and seconded, it was voted
that the request be denied.
Upon motion duly made and seconded, it was voted
License to renew a Yearly and Sunday Movie license to Lexmil
Theatre , 179L1 Massachusetts Avenue .
The Chairman reported that the Standing School
Building Committee would like to meet with the Select-
Meeting men and the School Committee on Tuesday or Thursday
of next week .
It was agreed to meet on Thursday.
At 10:00 P.N. , the Planning Board met with the
Selectmen.
The Chairman brought up the letter received from
the State Department of Public Works relative to con-
necting Worthen Road and Route 2. She mentioned that
last Monday night it was left that Messrs . Soule , Snow,
Worthen Rd . Carroll and she would attend a meeting on Wednesday,
Route 2 morning at theCommissioner's office . She explained
that she just wanted to make it clear that the four
representatives of both Boards would attend.
The Chairman asked if the Planning Board thought
Worthen Road could be stopped at Marrett Road, and Mr.
Soule replied that the Board thought it should be con-
nected at Route 2, and this has bean the Board' s feel-
ing right along .
The Planning Board retired at 10 : 30 P.M. , and the
meeting adjourned.
A true record, Attest:
xecutiver Clerk, Selectmen