HomeMy WebLinkAbout1961-10-16-BOS-min 120
SELECTMEN ' S MEETING
October 16, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, October 16, 1961, at 7:30 P.M. Chairman
Morey, Messrs . Adams , Richards and Cole were present .
Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent
of Public Works, and the Executive Clerk were also
present.
•
Hearing was declared open upon petition of the
New England Telephone and Telegraph Company for per-
mission to lay approximately 40 feet of conduit in
Concord Avenue , 164 feet westerly of Waltham Street .
Mr. Consilvio, representing the petitioner, was
present.
Notice of the hearing was mailed to the petitioner,
owners of property as listed on the petitioner ' s plan
and also filed with the Superintendent of Public 'ijorks .
Conduit No one was present in favor or in opposition.
location Mr. Consilvio explained that there is a dual pole
line going along Concord Avenue , and due to the widen-
ing, it is planned to remove one line of poles . To
do this, it will be necessary to move the conduit to
one side , and he stated tht in the future there will
be poles on one side of the street only.
The hearing was declared closed. •
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for a pole location on Demar
Road, approximately 162 feet northwest of Turning Mill
Pole Road.
location Mr. Consilvio, representing the New England Tele -
phone and Telegraph Company, Mr. Serverson, represent-
ing the Boston Edison Company, were present at the
hearing.
Notice of the hearing was mailed to the petitioners,
owners of property as listed on the petitioners ' plan,
and also filed with the Superintendent of Public Works .
Io one was present in favor or in opposition.
Mr. Consilvio explained that the pole is presently
located in front of a driveway and it is intended to
relocate it about ten feet.
The hearing w=s declared closed.
121
Hearing was declared open upon petition of the
New England Telephone and Telegraph Company and the
Boston Edison Company for a pole location on Dane
Road, approximately 18 feet northwest of Sherburne
Road.
Mr. Consilvio, representing the New England Tele-
phone and Telegraph Company and Mr. Serverson, repre-
senting the Boston Edison Company, were present at the Pole
hearing. location
Notice of the hearing was mailed to the peti-
tioners, owners of property as listed on the petitioners '
plan and also filed with the Superintendent of Public
Works,
No one was present in favor or in opposition.
Mr . Consilvio explained this is to support the
line going in to Dane Road and is being used as a guy
pole .
The hearing was declared closed.
Messrs . Consilvio and. Serverson retired at 7 :50
P.M.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the fol-
lowing ernduit and pole locations :
Concord Ave : From a point 164 feet westerly of Waltham
Street, northwesterly approximately 40
feet of conduit.
Pole
Concord Ave : From a point 164 feet westerly of Waltham locations
Street, westerly REMOVE approximately 40
feet of conduit .
Demar Road, southwesterly side , approximately 1) 2 feet
northwest of Turning Mill Road.
One pole . (One existing j/o pole to be
removed. )
Dane Road, northwesterly side , approximately 18 feet
northwest of Sherburne Road , --
Ope pole .
Mr. and Mrs . Ernest Johnson, 45 Grove Street, met
with the Board.
Mr. Carroll presented a plan of the Eldred Street
trunk sewer and explained that it would be parallel to Eldred St .
Route 128 on the southerly side of Route 128 and it is Trunk Sewer
necessary to go through Mr . Johnson' s land sore place .
He said every effort was made to place the sewer in the
122
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h
valley as close to Route 128 as possible thereby doing
what was felt would be the least amount of damage to the
Johnson property. He stated that the plan, prepared
by Mr . Snow, showed the proposed location of Emerson
Road and said the sewer is in Emerson Road above Mr .
Johnson' s property, but it is impossible to get in
Emerson Road on Mr. Johnson' s property because of the
deep cut . He explained that he stayed close to Route
128 and if the land is developed as Mr . Snow has indi-
cated, it will be as shown on the plan, thereby very
little damage if the property is ever developed. He
said he couldm.ove the easement one way or the other ten
or fifteen feet, but he would like to have put it right
next to Route 128 but was hampered by a brook and also
by a pond.
Mr. Johnson asked if there was any need to come
this way and asked. why it couldn' t have gone through the
McDevitt property. He said there is a low spot from
Grove Street to the hill.
Mr. Carroll replied that the cost would be pro-
hibitive .
Mr. Johnson asked who was doing the work, and Mr .
Carroll replied. it was the Town.
Mr. Johnson asked who the sewer was being constructed
f cr and Mr. Carroll replied that it is to take care of the
people on Hawthorne and Longfellow Roads . He said this
sewer was brought to the Selectmen' s attention several
years ago, and it was not being put in for the developer .
Mr. Johnson said he did not want it through his pro-
perty and asked why it could not connect to the other
sewer.
Mr. Carroll explained that this sewer is flowing
another direction entirely and stated that there is a
difficult problem of grades .
Mr. Johnson said he did not life it .
The Chairman explained that if this is done and the
street ever Foes in, it leaves the property so it can be
developed with the greatest number of house lots if Mr .
Johnson ever decides to sell.
Mr . Johnson asked if the lots were drawn out on his
property and Mr. Carroll replied in the affirmative .
Mr. Johnson asked if the lots would. be on Emerson
Road, on the northerly side, and Mr. Carroll replied in
the affirmative .
Mr. Carroll explained that if the sewer went up
Emerson Rose , it would be twenty-five feet deep and the
cost would be fantastic .
The Chairman asked if Mr. Johnson wanted it as far
from his house as possible for his present use of the
land .
123
Mr. Johnson said he never knew anything about it
until he received a notice from the Planning Board about
the Green and White development . He said he did not
like it and if tbere is any way to put it some place else ,
he would prefer it .
The Chairman asked if Mr , Johnson pastured his cows
and he replied in the affirmative .
Mr . Carroll explained that the contractor knows that
protection will have to be provided so the cows won' t get
into the trench.
Mr. Johnson said he still did not like it .
Mr. Carroll said he tried to explain to Mr . Tropeano
what he had in mind.
Mr. Johnson said he was not arguing about shifting
the sewer, he just didn' t want it .
Mr. Johnson said where this land is under develop-
ment, he did not see why the sewer couldn' t go into that
road.
Mr. Adams explained that the sewer is not being put
in for the developer.
Mr. Johnson asked where the sewer was going, and Mr.
Carroll indicated the route on the plan. He explained
that the theory is the more pumping stations the Town has ,
the more it must spend for maintenance . He said it is
better to have as few pumping stations as possible and
it is better to have gravity sewers .
Mr. Johnson said that if there is any other way, he
doesn' t want it .
Mr . Carroll said he would have the contractor, who
is an excellent one , to get in touch with Mr . Johnson so
that the least harm will be done at the least inconvenience
to Mr. Johnson.
Mr . and Mrs . Johnson retired at 8:10 P.M.
Mr . Stevens advised that there were three sewer taking
orders to be signed in connection with the trunk sewer .
Mr. Carroll presented plans and explained that the
first taking is from Eldred Street in a southerly direction
to Route 128 .
Upon motion duly made and seconded, it was voted
to adopt • the Taking Order in the following form:
•
C0MMONIPT ALTR OF MASSACHUSETTS
MIDDLESEX, SS . TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 16th day of October, 1961, it is
OPDLVED: Whereas at a Town Meeting duly called, warned
and held on March 3, 1961, namely at an adjourned session
124
thereof duly held on March 20, 1961, in accordance with the
provisions of law applicable thereto, it was unanimously •
•
t4VOTED: That the Selectmen be and they hereby
are authorized to install a sewer main or mains in
such locations as the Selectmen may determine from
the vicinity of Justin Street to Burlington Street
and also to the vicinity of Turning Mill Road,
subject to the assessment of betterments or other-
wise , in accordance with Chapter 504 of the Acis of
1897, and all acts in amendment thereof and 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
appropriate for such installation and land acqui •
-
sition the sum of $246, 000 .00 and to provide for
payment thereof by the transfer of $20, 000.00 from
the Excess and Deficiency Account, by raising $101, 000.00
in the current tax levy and the balance of $125, 000 .00
to be transferred from the unexpended balance of the
appropriation for the installation of a seie_r main
from t're westerly side of the State Highway, Route
128, to the vicinity of Westview Street voted under
Article 1.4 of the Warrant for the 1959 Annual Town
Meeting.
•
WHEREAS the Selectmen have determined that in order
to install the sewer main from Justin Street to Burlington
Street and also to the vicinity of Turning Mill Road it is
necessary that the sewer main be located 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, con-
struct, inspect, repair, remove , replace , opDrate and for-
ever 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 commencing
at the Northern Circumferential Highway (Roui: e 128) and
extending to near Eldred Street and bounded and described
as follows :
125.
Beginning at a point in the northerly line
of the Northern Circumferential Highway
(Route 128) which point is situated westerly
and distant 321 .99 feet from the easterly
terminus of a curve with a radius of 3, 750 .00 feet ;
thence running North 12°53'48" West through
Part of Lot A, distant 67 .12 feet to a point
in the northeasterly boundary of said Fart of
Lot A; thence turning and running North 31°50 ' 30"
West along said northeasterly boundary of Fart of
Lot A, distant 97 .70 feet to a point; thence run-
ning North 32°33118" West along the northeasterly
boundary of an unnumbered lot, distant 406.74
feet to a point ; thence running North 32O44' 51"
West along the northeasterly boundaries of Lot,
K, Bernard Strt and Lot 12 and through Lot FR),
distant 645 . 65 feet to a point in the south-
easterly boundary of lot 398; thence turning
and running South 64°27' 00" West along said
southeasterly boundary of lot 398, distant
21 .49 feet to a point; thence turning2and
running South 26°51' 30" East in Lot M-, distant
25.61 feet to a point ; thence running South
32°07 '50" East through the remainder of Lot N3
and into Lot L5, distant 300.54 feet to a point ;
thence running Souh 33°03 ' 00" Last through the
remainder of Lot 12, Bernard Street, Lot K, an
unnumbered lot and into Part of Lot A, distant
822 . 73 feet to a point; thence turning and run-
ning South 12°53 '48" East through the remainder
of Fart of Lot A, distant 61 .16 feet to a point
in said northerly line of the Northern Circum-
ferential Highway (Route 128) ; and thence turning
and running along said northerly line of the
Northern Circumferential Highway (Route 128) by
a curve to the right with a radius of 3750 .00
feet, distant 20 .00 feet to the point of beginning;
all as shown and marked "Sewer Easement" on plan entitled
"Plan Of Sewer Easement From Near Eldred Street To Northern
Circumferential Highway Lexington, Mass ." , dated June 23,
1961, John J. Carroll, Town Engineer, to be registered and
recorded herewith and a copy of which is annexed hereto and
made a p amt 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 a strip
of land having a uniform width of 20 feet, measured at right
angles between side lines , said strip abutting upon and ex-
• tending the full length of the southwesterly boundary of
126
the above described permanent easement, all as shown and
Marked "20 ' Temporary 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
of said strip of land .
The temporary construction easements herein taken in-
clude the right to enter upon the land taken, to de_ sit
earth and material thereon, and in general to make 4"e
necessary or desirable in connection with the aforesaid
sewer construction. The 'Construction easements snal_
terminate thirty days after the completion of the sewer
construction, and, in any event, not later than October
16, 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 exercise
of the rights and easements hereby taken, and there are re-
served 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 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 shallbe 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 are included within the taking .
The land in which the aforesaid rights and easements
are taken is believed to belong to the following named
parties, but if thename 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 on Certificate
Owner Aforesaid Plan No. Book Page
Frances May Baskin Part of A 81985 540 35
The Advent Christian
Church of Somerville
Massachusetts K 99046 625 96
127
Anthony Costa and Annette M.
Costa, Husband and wife L5 55199 369 77
Filice Andreottola M3 74039 494 413
UNREGISTERED LAND
Lots as Indicated
Owner on Aforesaid Plan
The Advent Christian Church of
Somerville , Massachusetts Unnumbered
And said Board, having considered the question of
damages, hereby determines that no damages have been sus-
tained and none are awarded.
No betterments are to be assessed for this improvement.
WITNESS our hands at Lexington as aforesaid, this 16th
day of October , 1961 .
/s/ Ruth Morey
•
•
Norman J. Richards
Alan G. Adams
Lincoln P. Cole , Jr .
Majority of the Board
of Selectmen
C0'D.IOTTWEALTH OF MASSACHUSETTS
Middlesex, ss . October 16, 1961
Then personally appeared Ruth Morey, Alan G . Adams,
Lincoln P. Cole, Jr. , and Norman J. Richards, 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 and
the free act and deed of the Town of Lexington, before me ,
/s/ Harold E. Stevens
Notary Public
My Commission expires August 31, 1968
128 •
Mr. Carroll explained the second taking, an extension
of the first one from Eldred Street connecting to an ex-
isting sewer under Route 128, going through the land of
James and Bertha Murphy into the Johnson land .
Upon motion duly made and seconded, it was voted
to adopt the Taking Order in the following form:
Cair ONWEALTH OF MASSACHUSETTS
MIDDLESEX, St, . TOWT. OF L 1XI E T O
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 16th day of October, 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 a sewer main or mains
in such locations as the Selectmen may determine
from the vicinity of Justin Street to Burlington
Street and also to the vicinity of Turning Mill
Road, subject to the assessment of betterments
or otherwise , in accordance with Chapter 504 of
the Acts of 1897, and all acts in amendment thereof
and 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 appropriate for such installation
and land acquisition the sum of52L;;246, 000 .00 and to
provide for payment ther _of by the transfer of
$20,000.00 from the Excess and Deficiency Account,
by raising $101, 000 .00 in the current tax levy and
the balance of $125, 000 .00 to be transferred from
the unexpended balance of the appropriation:. for
the installation of a sewer main from the westerly
side of the State Highway, Route 128, to the vici-
nity of Westview Street voted under Article 14 of
the Warrant for the 1959 Annual Town Meeting ."
WHEREAS the Selectmen have determined that in order to
install the sewer main from Justin Street to Burlington
Street and also tb the vicinity of Turning Mill Road it is
necessary that the sewer main be located in the land herein-
after described.
ROW, THER'FFOF3, we the undersigned, being a majority of
the Board of Selectmen of the Said Town of Lexington, duly
9
elected and. qualified and acting as such, do hereby, under
• and by virtue of theprovisions 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 aut'nority 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, con-
struct, inspect, repair, remove', replace , operate and
forever maintain a sanitary sewer or sewers with any
manholes, pipes , culverts and other appurtenances, and to
do all other acts incidental thereto, including th.- 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 through lot 8A and
bounded and described as follows :
Beginning at a point in the southwesterly
line of Grove Street, which point is situated
northwesterly and distant 141 .73 feet from
the southeasterly terminus. :of a curve with
a radius of 1466. 37 feet; thence running
North 84°46' 28" West, distant 388 . 64 feet to
a point in the northwesterly boundary of lot
8A; thence turning and running North 14°49 ' 21"
West along said northwesterly boundary of lot
8A, distant 20 .28 feet to a point; thence
• turning and running South 84 46' 28" East,
distant 367 . 95 feet to a point in the south-
a'asterly line of Grove Street; and thence
turning and running southeasterly by a curve
to the right having a radius of 1466.37 feet
along said southwesterly line of Grove Street,
distant 26.45 feet to the point of beginning;
all as shown and marked "20 ' Sewer Easement" on plan
entitled "Plan Of Sewer Easement In Lot 8A Grove Street
Lexington, Mass . " , dated June 26, 1961, John J. Carroll,
Town Engineer, to be recorded herewith.
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 two
strips of land , each having a uniform width of 10 feet ,
measured at right angles between side lines, and extending
Brom Grove Street to the northwesterly boundary of lot 8A,
said strips respectively abutting upon and extending the
full length of the northerly boundary and the southerly
boundary of the above described permanent easement, all
as shown and marked "10 ' Temporary Construction Easement"
on said plan ; and reference to said plan is made and said
130
plan is incorporated herein for a complete and detailed
description of said strips of land .
The temporary construction easements herein taken
include the right to enter upon the land taken, to deposti
earth and material thereon, and in general to make all use
necessary or desirable in connection with the aforesaid
sew r construction. The construction easements shall
terminate thirty days after the completion of the sewer
construction, and, in any event, not later than October
16, 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 exer-
cise of therights 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 inconsistent with
the use thereof for all of the purposes hereinabove mentioned.
• On each occasion that theTown enters up on the land in
which the aforesaid rights and easerants are taken and per-
forms 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 thu entry was made .
Any trees upon the land included within the above
described strips of land are included within the taking.
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 corectly
stated, it is to be understood that such land or interest
is owned by an owner or owners unknown to us :
Lots as Indicated
Owner on Aforesaid Plan
James J. Murphy and BerthaJ.. ,
Murphy, husband and wife Lot BA
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and
none are awarded .
No betterments are to be assessed for this improvement .
WITNESS our hands at Lexington as aforesaid, this 16th
day of October, 1961.
/s/ Ruth Money Alan G. Adams
Norman J. Richards Lincoln P. Cole , Jr .
C OPIIONWN ,ALTN, OF MASSACHUSETTS
Middlesex, ss . October 16, 1961
Then personally appeared Ruth Morey, Alan G. Adams ,
Lincoln P. Cole , Jr . and. Norman J. Richards, 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 an:.
the free act and deed of the Town of Lexington, before me ,
/s/ Harold H. Stevens
Notary Public
My commission expires August 31, 1968
Mr. Carroll saidcthe third taking was a little bit
further on Route 128 to the Johnson land and goes under
Emerson Road with a piece under Route 128 and then go-
ing to Turning MLA Road .
Upon motion duly made and seconded, it was voted
to adopt the Taking Order in the following form:
C OT'"M ONr4AL TH OF MASSACHUSETTS
MIDDLE7EX, SS . Til� '1T OF ._Hi1 :GTOIIQ
At a meeting of the Board of Selectm. n of the Town of
Lexington held on the 16th day of October, 1961, it is
ORDERED: Whereas at a Town Meeting duly called, warned
and held on March 3, 1961, namely at an adjourned session th:_ re-
of duly held on March 20, 1961, in accordance with the pro-
visions of law applicable thereto, it was unanimously
"VOTED: That the Selectmen be and they hereby are
authorized to install a sewer main or mains in
such locations as the Selectmen may determine
from the vicinity of Justin Street to Burlington
Street and also to the vicinity of Turning Mill
Roe , subject to the assessment of betterments
or otherwise , in accordance with Chapter 504 of
the Acts of 1897, and all acts in amendment thereof
and 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 appropriate for such installation
and land acquisition the sum of 4246, 000 .00 and to
provide for payment thereof by the transfer of
$20, 000 .00 from the Excess and Deficiency Account,
132
by raising 5101,000.00 in the current tax
levy and the balance of 125,000 .00 to be
transfe-'red from the unexpended balance of
the appropriation for the installation of
a sewer main from the westerly side of the
State Highway, Route 128, to the vicinity
of Westview Street voted under article 14
of the Warrant for the 1959 Annual Town
Meeting ."
WHEREAS the Selectmen have determined that in order
to install the sewer main from Justin Street to Burlington
Street and also to the vicinity of Turning Mill Road it is
necessary that the sewer main be located in the land here-
inafter described.
NOW, THE EPORE, we the undersigned, being a majority
of the Board of Selectmen of said Town of Lexington, duly
elected and cualified and acting as such, do hereb\ , 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 and forever
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 Lexing-
• ton extending from Turning Mill Road across lot 26 and bounded
and described as follows :
Beginning at a point in the southerly line of
Turning Mill Road, which point is easterly and
distant 10.00 feet from the westerly boundary
of lot 26; thence running South 13°02 '40" East,
distant 116.51 feet to a point in the southerly
boundary of lot 26; thence turning and running
North 78°04' 06" East along said southerly
boundary of lot 26, distant 20 .00 feet to a
point; thence turning and running North 13°02 '40"
West, distant 116. 90 feet to a point in the
southerly line of Turning Mill Road; and thence
turning and running South 76057 '20" West along
said southerly line of Turning Mill Road, distant
20 .00 feet to the _tint of beginning;
all as shown and marked "20 ' Sewer Easement" on plan entitled
"Plan Of Sewer Easement In Lot 26 Turning„ Mill Rd. Lexington,
Mass .", dated June 26, 1961, John J. Carroll, Town Engineer,
to be recorded herewith.
133
We do hereby also so take temporary construction
easements, for use in constructing the sewer to be in-
stalled 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 10
feet and extending from Turning Mill Road to
the southerly boundary of lot 26, said strip
abutting upon and extending the full length of
the westerly boundary of the above described
permanent easement, all as shown and marked
'10' Temp. Sewer Construction Easement" on
said plan; and
2. A strip of land having a uniform width. of 10
feet and extending from Turning Mill Road to
the southerly boundary of lot 26, said strip
abutting up and extending the full length of
the easterly boundary of the above described
permanent easement, all as shown and marked
"10 ' Temp.Sewer 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
of said strips of land .
The temporary construction easement in said first
described strip of land is taken subject to the existing
drain easement in said strip of land which was conveyed
to the Town of Lexington by deed from Watts Realty Corpo-
ration dated February 13 , 1958 and recorded in Middlesex
South District Registry of Deeds, Book 9104, Page 550 .
The temporary construction easements herein taken
include the right to enter upon the land taken, to deposit
earth and material there on, and in general to make all use
necessary or desirable in connection with 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 October
16, 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, sue-
cessors and assigns all their respective rights in and to
134.
r
the use of their lands for all lawful purposes not in-
consistent 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
prem1ses in reasonably as good condition as when the entry
was made .
Any trees upon the land included within the above
described strips of land are included Within the taking.
The land in which the aforesaid rights and easements
are taken is believed to belong to the following named
parties, but if thename of the owner of any of said land
or of any interest therein is not stated or is not correctly
stated , it is to b e understood. that such land or interest
is owned by an owner or owners unknown to us :
Lots as Indicated
Owner on Aforesaid Plan
Aaron Smith Lot 26
And said Board, ha :ring considered the question of
damages, hereby determines that no damages have been sus •
-
tained and none are awarded.
No betterments are to be assessed for this improvement .
WITNESS our hands at Lexington as aforesaid, this 16th
day of October , 1961 .
/s/ Ruth Morey
Norman J. Richards
Alan G . Adams
Lincoln P. Cole , Jr .
Majority of the Board
of Selectmen
C O ,rn ONWEALTH OF MASSACHUSETTS
Middlese c, es . October 16, 1961
Then personally appeared Ruth Morey, Alan G. Adams ,
Lincoln P. Cole , Jr. , and Norman J. Richards, known to me
to be a majority of the duly elected, qualified andacting
Selectmen of the Toch of Lexington, and acknowledged the
foregoing instrument to be their free act and deed and
the free act and deed of the Town of Lexington, before me ,
Harold B. Stevens
My commission expires August 31, Notary Public
1q9,
135
Mr . Stevens reported tht he had contacted Mr .
Fred Benkley, 35 Whipple Road, who said he did not
see why the Board should take into consideration the Benkley
towers because when he sells , the buyer will not get
any rights . He felt the X1,000 was not sufficient
and wanted time to consider the Board' s offer . Mr .
Berkley told Mr. Stevens that he would like to discuss
the subject with the Chairman.
At 8:25 P.M. , Messrs . Stevens and Carroll retired
and Chief Rycroft met with the Board.
The Chairman told the Chief that the Board wanted
a report before talking to Mr. Edward Connors .
Chief Rycroft stated that there were two cases in
the Concord Court at the same time , and the court found
Connors guilty on both and. assessed him ?dl50 on one and
filed the second complaint . This all happened in July,
but the delay had nothing to do with the Police Depart-
ment . Mr . Connors was represented by Daniel Lynch who
was in Europe at the time and his office contacted the
Concord Court and the case was set up two or three times .
Mr. Lynch wanted the cese to come up on a Saturday, and
the Judge told him if he was going to enter a plea, he
would set it up for a Saturday . Police
The Chief reported that on the twenty-sixth when report
the Police cruiser on Adams Street coming to Hancock liquor
Street passed a car and stopped it for speeding . The
operator, John T . Barowski, living at 7 Hamblen Street,
was seventeen years of age . In talking , the police
found out they had peen drinking and asked them to get
out of the car and Borowski was visibly under the in-
fluence of liquor . In answer to the Question asked as
to where they obtained the liquor, they said they picked
a fellow up on Lowell Street who gave them eight quarts
of beer for the ride . After more questions, they ad-
mitted a fellow in Cambridge purchased the liquor for
them at Connors ' . There were two cars and they divided
the liquor. They said that night they were going to
have a cookout and it rained. It turned out the liquor
was purchased by Martin Walsh from Cambridge . He was
the one who went into Connors ' and got the liquor. From
the description, the next day Inspector Barry had Connors
come into the station and he remembered and admitted he
soldthe liquor. There was no question about his age ;
W0lsh is seventeen. On the 28th, Officers Baylis and
Janusas daw a car in back of Connors Bros . ' store and
checked it because it answered the description of a car
they were looking for . A fellot;, Traniello, came out and
in answer to questions, said he had beer and he was
136..
„ee
-w
seventeen. Officer Baylis took him back into the store
and Connors admitted he sold it to him. They had twelve
cans of Knickerbocker .
The Chairman asked if the Chief had received any
other complaints .
The Chief replied that he has heard rumors that they
were coming from out of Town to buy it . He said the
Connors were convicted in 1952 but it was one of the
Clerks who sold it . He said at that time the boy looked
older.
Chief Rgcroft retired at 8:45 P.M.
At 9:05 P.M. , Mr. Tdward Connors and his attorney,
Mr . Daniel Lynch, met with the Board.
The Chairman read the communication received by
the Board from the Clerk of the Concord court . She
stated that the Selectmen was the licensing boardand
felt Mr . Connors should be asked in to hear what he
had to say about the violations of the liquor law.
She stated that the Board had just received a full report
from Chief Rycrdt .
Mr. Lynch asked to speak for Mr . Connors and said
he did not condone at any time anyone selling liquor
to minors . He said he thought it was a very serious
offense and. so told Judge Northrup. He said he thought
the Selectmen had a responsibility to the community
Connors ' when such a thing happens . He explained that when
Liquor the offense occurred, he was out of Town and the case
License was postponed by Judge Northrup at the request of his
office until he returned. He reported that they went
to Court on a Saturday ; it was not a jury trial, and
Lieutenant Corr told his story. He said they pleaded
not guilty and accepted a builty plea. He stated that
Judge Northrup told him he would appear before the Board
of Selectmen or write a letter asking that no disciplinary
action be taken, the offense not being deliberate . He
explained that the law does not state that one has to
know a person is under twenty-one . He stated that on
July 25, a lad from Arlington went in and Mr . Connors
waited on him personally, and the lad looked over twenty-
one . He said he wanted some beer and said his father
was having a cookout and could not get up. Later on this
lad who purchased the beer was not involved, but some
other boys were involved in an accident . The next night
a lad went into the store and when asked how old he was,
said twenty-one . He purchased a lesser amount and the
police got him in the parking area. The merchandise
was returned and the boy got his money back. He said
in both cases, Mr . Connors believed the boys were over
twenty-one, but even though he believed the boys to be
over twenty-one , that does not condone it .
137
Mr . Lynch said that both Edward and Thomas Connors
• have lived in Lexington for fifty years , both graduated
from Lexington High School, one in 1918 and the other
in 1923 and have been successful, substantialbusiness-
men. They had built up a business in Burlington and
worked very hard in the pig business . Ten or twelve
years ago, they received this liquor license in Lexington.
He said they have never been in trouble with the Board
of Selectmen at any time except one instance in 1952
when a salesman., was convicted for selling liquor to a
minor and discharged. He said from then until now they
have had no difficulty with the Board or the police . He
said that at no time have the police ever suggested that
any complaints were made , that there was any talk or
suggestion that they were selling to minors . He said
no police officially or unofficially called the store .
He said they have tried to conduct themselves honestly.
He stated that in February they purchased this block and
have a very substantial investment in Lexington. The
block sold for $200,000 and they would not deliberately
jeopardize that investment to sell a few cans of beer to
a minor . He said he thought it was unfortunate and the
Connors know he does not condone it. He said this should
never happen again and he did not think it would. He
said. when he found out what happened, he told Mr . Connors
• to go to a good. eye doctor which he did and his vision is
good . He suggested, that nothing more serious than a
warning be given, and said it should be given. He said
he did not think this would ever happen again and if it
did, he would not appear before the Board on their behalf .
The Chairman asked Mr . Connors if he ever asked for
identification when in doubt of a customers age , and Mr.
Connors replied in the' affirmative .
The Chairman said that in this instance he did not
feel it necessary as he thought they we °e older.
Mr. Connors said they looked older to him.
The Chairman said the Board was very much disturbed
and every time anything happens around Town, the question
is asked where do they get the liquor . She said if
minors are getting liquor in Lexington, it places a great
obligation on the Board.
Mr . Connors said it certainly was an accident and he
assured the Board it would not happen again.
Mr . Connors and Mr. Lynch retired at 9: 20 P.M.
Mr. Adams said he did not think the Board could take
no action and would be in favor of suspension.
Mr. Richards said he would be in favor of a warning .
The Chairman suggested a w -.rning and publicity in
the paper .
138 2
A motion was made and seconded that a severe warning
be given and Connors notified that any further violation
would lead to the suspension or revocation of his license .
Two members were in favor and two were opposed so
the motion was lost .
A notion was made and seconded thatConnors Bros . '
license be suspended for three days ; Thursday, Friday
and Saturday, October 19, 20, and. 21 .
Two members were in favor and two were opposed so
the motion was lost .
A motion was again made and seconded that a severe
warning be given and Connors notified that any further
violation would lead to the suspension or revocation of
his license .
Three members were in favor and one opposed. The
motion wes carried. Mr . Adams was recorded in oppo-
sition on the grounds that he felt a warning insufficient .
Mr. Carroll returned to the meeting.
Upon motion dulymade and. seconded, it was voted
to grant the following petitions for pole locations on
Pole lo- Concord Avenue , pole removals from Concord Avenue and
cations : Woburn Street, all having been approved by Mr. Carroll :
' removals
Concord Avenue : From approximately 208 feet westerly
of Waltham Street, westerly remove
fourteen poles .
Woburn Street: From approximately 583 feet westerly
of Lowell Street westerly remove two
poles .
Mr . Carroll presented a plan of Hartwell Avenue
and indicated a parcel of land for which a building
permit had been issued. He pointed out the water main
on Westview Street and said it is the only water main
in the area . They have to get water and h=: ve retained
an easement from Cabot, Cabot & Forbes so they plan to
construct a six or eight inch main to tie into Westview
Street . His question was whether or not a betterment ,
which would amount to 065, should be charged . He
mentioned that funds will be requested next year to develop
the sanitary landfill area, and a twelve inch main is
proposed for fire protection. He reported that he talked
to Paul Shepard some time ago and it was agreed that who-
ever developed the property should construct a twelve
inch main and stop it at Hartwell A-.enue ; the Town pre -
sumably paying the difference between a twelve inch
main and an eighteen inch main. He suggested that this
9 e
•
be done because ne felt the Town would be saving coney.
He said if the developer lays the main and the Town as-
sumes the maintenance, it may not cost the Town anything .
• He said at the most the cost to the Town would be $2,000.
The sewer connection would be ;'x1, 800 .
The Board authorized Mr . Carroll to work out the
details along the lines he suggested.
Mr. Richards said this would not be a good approach
unless the Town was given an easement and Mr . Carroll
agreed.
Mr. Carroll presented a plan he had prepared to show
the Cabot, Cabot & Forbes , land in relation to the sani- Appraisals
tary land fill site . He said it was his understanding
that after the plan had been prepared, an appraisal would
be made of the damage if a road was put through. He said
an appraisal should be made if Town Meeting is going to
be requested to make an appropriation.
The Board authorized Mr. Carroll to obtain two
appraisals .
Mr . Caroll reported that Mr . Mazerall, Tree Warden,
and Superintendent of Moth and Insect Control, would
like some official title relative to his work in he
Park Department . He explained that Mr. Mazerall attends
meetings and conferences where most Town representatives
are known as Superintendent of Parks . Park
Upon motion duly made and seconded, it was voted Superintend-
to appoint Mr. Paul E. Mazerall Park Superintendent for ant
a term expiring March 31, 1962, with the understanding
that the title does not indicate an advancement either
in position or salary, and that Mr. Mazerall will still
be under the jurisdiction of the Superintendent of Public
Works .
Mr. Stevens returned to the meeting and referred
to the be`arrant for the Special Town Meeting to be held
November 6.
Upon motion duly made and seconded, it was voted
to take out the article on Summit Road .
Mr . Soule , Chairman of the Planning Board, met Article
with the Selectmen and advised that the Planning Board Summit Road
was in favor of taking out the articles on Summit Road.
Messrs . Stevens and Soule retired at 9:45 P.M.
Upon motion dulymade and seconded, it was voted
to lay out as a town way Station Way from Edison Way Station Way
to the Municipal Parking area a distance of 78 feet,
more or less, northeasterly, shown upon a plan on file
in the office of the Town Clerk, dated September 1, 1961 .
140
Upon motion duly made and. seconded, it was voted
to alter and relocate as a town way Worthen Road from
Worthen Road Waltham Street a distance of 100 feet northerly on the
westerly side as shown upon a plan on file in the office
of the Town Clerk, dated September 1, 1961 .
Upon motion duly made and seconded, it was voted
to lay out as a town way Worthen Road from the Cambridge-
Worthen Road Concord Highway 275 feet, more or less, northerly as
shown upon a plan on file in the office of the Town
Clerk, dated September 5, 1961 .
Upon motion duly made and seconded, it was voted
to lay out as a town way Buckman Drive from existing
Buckman Buckman Drive a distance of 235 feet, more or less,
Drive southerly to Moreland Avenue as shown upon a plan on
file in the office of the Town Clerk, dated September 1,
1951.
Upon motion duly made and seconded, it was voted
Warrant to sign the Warrant for the Special Town Meeting to be
held on Monday, November 6, 1961, at 8 P.M.
The Chairman read a letter from Nir. Lurvey in
Sewers which he submitted a list of streets that are , accord-
ing to his records, having the most difficulties with
private seJaTe disposal facilities .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
on October 9, 1951.
Letter was received from Leon A . Burke , Jr. ,
with proposed notice of hearing for the Board' s ap-
proval relative to the Lexington Historic Tour Train,
Hearing Inc .
The Chairman suggested, and the Board agreed,
to make a change in the wording of thenotice and
also to include a list of the streets over which the
proposed tour train would be operated.
The Chairman reported that Mr . Leicester Coit,
Manager of the telephone office in Arlington, called
to ask if the Board would issue a proclamation to be
Proclamation known as Pioneer Week, the week of October 29„ in
celebration of the Fiftieth Anniversary of the found-
ation of the Association in Boston .
Upon motion duly made and seconded, it was voted
to grant the request and issue the proclamation.
141
Letter was received from Walter E. Murray, 5
Revere Street, requesting permission, on behalf of Paper Drive
St. Brigidts Church, to conduct a paper drive on
Sunday, October 29 .
Upon motion duly made and seconded, it was voted
that the request be granted.
Upon motion duly made and seconded, it was voted
to approve Public Official Bond # S-20, 112 in the
amount of $1, 000 on behalf of Raymond L. White , Acting Bond
Town Accountant .
Memorandum was received from Senators Saltonstall
and Smith relative to a discussion on Civil Defense
to be held in the John Hancock Life Insurance Company' s
hall on Thursday, November 9, at 1:30 P.N. Representa- Civil Defens
tives of the Department of Defense and the Office of meeting.
Emergency Planning will join State officials in the
discussion.
It was agreed to ask if any representatives from
the Civil Defense Department would be able to attend.
Upon motion duly made and seconded, it was voted
to approve payment in the amount of $50 to Mr . Frederick
Staples, Executive Assistant, for attending the Board
meetings before he officially takes over his full-time
duties on November 1 .
The meeting adjourned at 11:05 P.M.
A true record, Attest :
Executive Clerk, Se ie ctmen