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HomeMy WebLinkAbout1961-10-30-BOS-min 152 SELECTMEN' S MEETING October 30, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 30, 1961, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, Richards and Cole were present . Mr. Staples, Executive Assistant, Mr . Carroll, Superintendent of Public Works , and Miss Murray, 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 17 feet of conduit in Marrett Road and 6720 feet of conduit and 7 manholes in Waltham Street . Mr. Consilvio, representing the petitioner, Mr. Conduit and Samuel S. Holland and another gentleman were present Manholes at the hearing. locations Notice of the hearing was mailed to the peti- tioner, owners of property as listed on the petitioner' s plan and also filed with the Superintendent of Public Works . Mr . Consilvio explained that this job is in con- junction with the removal of the Bedford central office to the new central office in Bedford which will give more relief to the town of Lexington. He stated that along Waltham Street the company has three overhead cables and that is the maximum allowed. The company would like to get the new cable underground and eventually the three existing cables will be under- ground because this conduit will give that relief. He stated that the project will take about six weeks and the company has assigned Mr. Coughlin as Inspector . They hope to start work November 20 . He said if any hot top driveway is opened, it will be replaced. Mr. Holland asked if the road would be dug up at all, and Mr. Consilvio replied tht the work will be in the sidewalk section and there will be very little taking in the travelled way. He stated that about 98% of the work will be in the sidewalk. Mr. Holland asked if any of the street would be destroyed, and Mr. Consilvio replied that if it is, it will be replaced as good as it is now . He said they would not be going over any private property as the entire work will be strictly in the public way, and everyone will be able to go in and out the drive- ways . He said there would be proper police protection. t I153. The other gentleman present asked if the children going to and coming from school who use the sidewalks would be protected. Mr. Consilvio replied that the company very definitely would have police protection. Mr. Carroll explained that the company would pay for a police officer during the construction. The hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing conduit and manhole locations: Marrett Road: From MH 54/66 at Waltham Street, (State Highway) southerly approximately 17 feet of conduit . Waltham Street From Marrett Road southerly to a point 130 feet southerly of Concord Ave . , approximately 6720 feet of conduit, also seven (7) manholes and enlarge one (1) man- hole . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to remove and locate one pole on Theresa Avenue . Pole Mr. Serverson, representing the Boston Edison location Company, and Mr. Consilvio, representing the telephone company, Mr. John Bonasera, 24 Theresa Avenue and Mr . Louis Ruocco, 28 Theresa Avenue, were present . Notice of the hearing was mailed to the peti- tioners, owners of property as listed on the peti- tioners ' plan and also filed with the Superintendent of Public Works . Mr. Consilvio explained that the pole was being relocated because it is in the way of Oxford Street, and explained the proposed location by use of a blue- print . The Chairman questioned the number of crossings and asked Mr. Serverson to find out why there were four crossings . Mr. Ruocco said it did not bother him where the pole is located, but he was concerned about the light shining in his children' s bedroom. The hearing was declared closed and the group retired. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing j/o pole lucatirn: The petition and order to be held until Mr. Serverson has a reply to the Chairman' s question. 154 Theresa Avenue , northerly side, approximately 150 feet west of Cliffe Avenue , -- One (1) pole . (One existing JO pole to be removed. ) Mr . Stevens met with the Board. Mr. Carroll presented a plan entitled `Plan of Sewer Sewer Easement Off Grove Street" . Upon motion duly easement made and seconded, it was voted to adopt an Order of Taking for the Grove Street sewer in the following form: COISIONT[nEALTH OF MASSACHUSETTS MIDDLESEX, SS . TOIWN OF LEXIIAGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 30th 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 lo- cations as the Selectmen may determine from the vicinityof /" of Turning Mill Road, subject to the assessment of better- ments or otherwise , in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and addi- tion 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 $246,000.00 and to provide for payment thereof by the trans- fer 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 unex- pended 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 Justin Street to Burlington Street and also to the vicinity Burlington 155 and also to the vicinity of Turning Mill Road it is neces- sary that the sewer main be located in the land hereinafter described. NOW, TH W FORE, 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 , operate and forever maintain a sanitary sewer or sewers with any man- holes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under the following strips of land in said Lexington: 1. A strip of land extending easterly from Grove Street and bounded and described as follows: Commencing at a point in the northeasterly line of Grove Street, which point is northwesterly and distant 92.45 feet fro: the southeasterly terminus of a curve with a radius of 1416.37 feet; thence running North 84046'28" East, distant 906.53 feet to a point; thence turning and running South 35°43 ' 09" East, distant 211.06 feet to a point; thence turning and running South 86°45150" Eat, distant 32 .75 feet to a point at land now or formerly of The Whiter Trust and The Greener Trust ; thence turning and running North 18°04150" West by said land of said Trusts, distant 21.47 feet to a point; thence turning and running North 86045'50" West, distant 15.40 feet to a point ; thence turning and running North 35°43109" West, distant 210 .64 feet to a point; thence turning and running South 84°46'28" West, distant 933.96 feet to a point in said northeasterly line of Grove Street; and thence turning and running southeasterly by a curve to the left with a radius of 1416.37 feet, distant 27 .12 feet to the point of beginning; all as shown and marked "20' Sewer Easement" on plan entitled "Plan Of Sewer Easement Off Grove Street Lexing- ton, Mass . " , dated September 11, 1961, John J. Carroll, Town Engineer, to be recorded herewith. 156 1< 2. A strip of lana extending from the above de- scribed strip of land northerly to the Northern Circum- ferential Highway (Route 128) and bounded and described as follows : Comrrencing at a point in the northerly side line of the strip of land described in para- graph No. 1 above , which point is the end of the first course in said description; thence running South 35°43 '09" East by the north- easterly side line of said above described strip bf land, distant 7 .55 feet to a point; thence turning and running North 02°29' 11" West, distant 138 .22 feet to a point in the southerly line of the Northern Circumferential Highway (Route 128) ; thence turning and running North 89°24'19" West along said southerly line of said Northern Circumferential Highway (Route 128) , distant 20 .02 feet to a point; thence turning and running South 02°29'11" East, distant 130.83 feet to a point in said northerly side line of the strip of land described in paragrach No. 1 above ; and thence turning and running North 84046' 28" East along said northerly side line , distant 16.01 feet to the point of beginning; all as shown and marked '20 ' Sewer Easement" on the afore- said plan. We do hereby also so take temporary construction easements, for use in constructing the sewer to be in- stalled in the permanent easements hereinabove described, in the following strips of land in said Lexington: 1. A strip of land having a uniform width of ten(10) feet, measured at right angles between side lines , and extending from Grove Street along the full length of and abutting upon the southerly and southwesterly side lines of the first permanent easement described above , all as shown and marked "10 ' Temporary Construction Easement" on the aforesaid plan: 2 . A strip of land having a uniform width of ten (10) feet, measured at right angles between side lines, and abutting upon a northerly side line of the first permanent easement described above and extending from Grove Street to the second permanent easement described above , all as shown and marked "10' Temporary Construction Easement" on the aforesaid plan; 157, 3 . A strip of land having a uniform width of ten (10) feet, measured at right angles between side lines, and abutting upon the westerly side line of the second permanent easement described above and extending from the Northern Circumferential Highway (Route 128) to the first permanent easement described above , all as shown and marked "10' Temporary Construction Easement" on the aforesaid plan; and L . A strip of land having a uniform width of ten (10) feet, measured at right angles between side lines, abutting upon the easterly side line of the second permanent easement described above and the northeasterly side line and a short northerly side line of the first permanent easement described above, and extending from the Northern Circumferential Highway (Route 128) to land now or formerly of The Whiter Trust and The Greener Trust, all as shown and marked "10 ' Temporary Con- struction Easement" on the aforesaid plan; and reference to said plan is made and said plan is in- corpor^ted 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 deposit earth and material thereon, 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 30, 1962. S,,id 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, suc- cessors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent with the use thereof for all of the purposes here- inabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and 1582 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 lanc 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 theowner of any of said land or of any interost 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 : Lots as Indicated Owner on Aforesaid Plan James J. Murphy and Bertha J. Murphy, husband and Wife Lot 9 Ruth C . Johnson Unnumbered Lot 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 30th day of October, 1961 . /s/ Ruth Morey /s/ Lincoln P. Cole, Jr . Alan G . Adams Norman J. Richards /s/ Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Mjddlesex, ss . October 30, 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 actin,_ 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 Lex- ington, before me , /s/ Harold E. Stevens Notary fub11c My commission expires August 31, 1968 159 Mr. Stevens mentioned a previous vote of the Board to exercise an option to acquire lot 15, block 13, in Meagherville for $100 as recommended by the Planning Board. Sewer taking Upon motion duly made and seconded, it was voted to adopt an order of taking the following form: COMMONWEALTH OF MASSACHUSSITS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington, held on the 30th day of October, 1961, it is ORDERED: Whereas at a Town Meeting duly called, warned and hel n March 6, 1961, namely at an adjourned session thereof hdd on March 20, 1961, in accordance with the provisions of law applicable thereto, the Selectmen were duly authorized on behalf of the Town of Lexington to ac- quire by purchase , eminent domain or otherwise for playground and recreational purposes such land as may be included in options obtained by the Planning Board of the Town of Lexington and an appropriation of money was made therefor; and WHEREAS the land hereinafter described was included in such an option obtained by said Planning Board. NOW, THERb ORP , we the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under and by virtue of the pro- visions of Section 14 of Chapter 45 of the General Laws of Massachusetts, and Chapter 79 of said 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 fee in the name and on behalf of the Town of Lexington for playground and recreational purposes the parcel of landsituated in said Lexington and shown as lot 15 in Block 13 on plan entitled "Plan Of Lots at Lexington Heights owned by M. C . Meagher" , dated July 1892, E. A. W. Hammatt, Civil Engineer, recorded in Middle- sex South District Registry of Deeds in Plan Bock 77 as plan 24, and bounded and described as follows: NORTITE STERLY b-j ELT., Street, twenty-five (25) feet; SOUTHEASTERLY by land of the Town of Lexington shown as lot 16 on said plan, one hundred (100) feet; 16 2 SOUTHWESTERLY by land of said Town shown as lot 34 on said plan, twenty-five (25) feet; and NORTHWESTERLY by land of said Town , snown as lot 14 on said plan, one hundred (100) feet . All trees upon said land and buildings and structures affixed thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows : To Helen E. Carroll, the sum of One Dollar ($1.00) . In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any in- terest in said land is not stated or is not correctly stated, it is to be understood that such interest is ownedby an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for this improve- ment . WITNESS our hands at Lexington as aforesaid, this 30th day of October, 1961 . /s/ Ruth Morey Alan G. Adams Lincoln P. Cole , Jr. Gardner C . Ferguson Norman J. Richards Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . October 30, 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 the Town of Lexington, and acknowledged the foregoing instrument to be their free j l act and deed and the fr€e act and deed of the Town of Lex- ington, before me , /s/ Harold E. Stevens Notary, Public My commission expires August 31, 1968 161Mr . Stevens reported his latest conversation with Frederick Benkley, 35 Whipple Road . M . Adams moved to settle the claim for $1300 rather than become involved in eminent domain proceedings . Mr. Ferguson said he would like to have an up-to-date appraisal made . Mr. Adams said he would go along with obtaining an Benkley appraisal before ^aking a decision. Claim Upon motion duly made and seconded, it was voted to settle for $1300, the agreement to be as previously determined. Mr . Ferguson was recorded in opposition. Mr. Stevens reported that he received a telephone call this evening from Mr . Mallen, at the Air Base, who Air Force advised he had nothing definite to report on the status Contract of the contract . The matter is in the Air Force head- quarters, Washington. The Chairman referred to the article on Buckman Drive and reported that she had visited Mr . Luongo who is seventy-three years old. He told her that he is Luongo land farming his land to support his son' s children because (Buckman Dr.) the son cannot support them. She said the Planning Board had received two appraisals and she suggested ad- vising Mr. Luongo that the Board was prepared to recommend a figure to the Town Meeting. Mr . Stevens advised against writing to Mr. Luongo and it was agreed to recommend $10,000 under Article 5, Buckman Drive for construction and land acquisition. Mr . Carroll stated that about a year ago, a Town truck struck a tree in front of Mr. Appleyard' s house on Spring Street . He said the tree was repaired and a good job was done . Mr. Appleyard called him a number Appleyard' s of times and said the tree is diseased. Mr. Mazerall tree says it has Oak Leaf Miner as has another tree in his yard, and says it is possible that the damage to the tree may have caused the Oak Leaf Miner . Mr . Appleyard wants the tree removed and replaced with a four-inch oak. Mr. Mazerall estimated the cost for a new tree , including labor, to be between $75 anc $80 and he recom- mends planting a Maple . Upon motion duly made and seconded, it was voted to remove the diseased tree and replace it with a Maple, subject to Mr. Appleyard signing a release of all damages . Mr . Carroll stated that he now has two contracts which are joint ventures and are proving to be unsatis- Bids factory . He asked Mr. Stevens if it would be possible in the future when asking for bids to state that no 162 4.3 joint venture bids would be accepted. He explained that on the joint contrLcts, there is a great deal of difficulty because there is no coordination between the partners and no direction. Mr. Stevens said he felt the Board should have the right to specify in the invitation that it will not have to accept a bid on a joint venture . Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to specify in future invitations to bid on Town work that joint bids will not be accepted. Mr. Carroll reported th3 t he had received notice from the State of a taking in connection with the re- location of Massachusetts Avenue in conjunction with the widening of Route 128 . He presented a plan and Mass . Avenue explained the proposed relocation and stated that the taking proposal, 93T, is one for which the State is offering the Town $1.00. Mr. Richards suggested that Mr. Carroll call the State Department of Public Works and ask to speak to the right-of-way man as soon as possible . He said he would probably come right out and Mr. Carroll should tell him that the Board feels the settlement should be $1,000. Miss Lillian Viano' s request for an entrance to the municipal parking area between Muzzey and Waltham Streets was held over from the last meeting. Mr. Carroll reported that he had looked at the passageway and stated ti: a.t it would be impossible to Entrance to get a snow plow in there and all the snow would have parking area to be hand cleared. denied Mr . Richards said he thought it wouldbe most un- desirable and he was opposed to the Town inviting the public in there because the area is so narrow. Upon motion duly made and seconded, it was voted to advise Miss Viano that it would be most undesirable to invite the public to use such a narrow passageway, and furthermore , it would not be possible to clear the area with snow removal equipment . Letter was received from Mr. Tropeano relative to extension of a sewer to service Lot D, Waltham Street. He contacted the other property owners, as suggested by the Board, and asked them to sign a petition to have the sewer installed under the Betterment Act, but they refused inasmuch as they are not having any difficulty with their present disposal systems . Mr. Carroll presented a plan and indicated the lo- cation of the trunk sewer and where the existing sewer ends and explained that an extension of only about sixty 163 feet is needed to service Mr. Tropeano' s lot but said it would not be advisable to put in that sixty feet without including the other two lots . Sewer for The Chairman said she did not think the Board Lot D would be justified in extending the sewer when only Waltham St. one individual out of Lour is interested in having it . Mr. Richards said it did not seem advisable to stub off the sewer which would leave one short section not included. Mr. Carroll st-ted that Mr. Tropeano could put the sewer through an easement from Worthen Road and pay a connection charge . The Chairman suggested. and the Board agreed, to advise Mr . Tropeano that numerous requests for sewers are received and the Board has been limiting the. in- stallations to those with at least 75% of the signa- tures of the abutters . In this instance, only one person wants the extension, but the Board would consider a connection fee in lieu of betterments if Mr. Tropeano wants to go through the easement . Letter was received from Cabot, Cabot & Forbes requesting the Board to plan and construct an alterna- tive means of providing sanitary sewer service to the Richards ' property. Sewer Mr. Carroll said that basically Cabot , Cabot & Forbes want to make sure that the sewer design is worked up so they can talk on a more concrete basis with clients . He stated that this sewer has to go to the Woodhaven Trunk Sewer and cannot be handled by the Raytheon Sewer . Further consideration was given to Dr. Pious ' re- quest for permission to move a house from 8 Wyman Road to the Concord Turnpike near Waltham Street. Permission Mr. Carroll reported that he had looked at the to move house with Mr. Staples and Chief Rycroft and recommended house denied that the request be denied. He stated that he had not gone into any of the details with the mover but the house is very large ; 28 feet wide , 30 or 40 feet long with an overhang, and almost 30 feet high. He said that it would involve removal of several trees and traffic on Waltham Street could not move in either direction. He stated that Mr . Hanlon, of the State Department of Public Works, said the State definitely would not grant per- mission to move the building across State land. Upon motion duly made and seconded, it was voted to deny Dr. Pious ' request, on behalf of Temple Emunah, to move the house at 8 Wyman Road to the Concord Turnpike . 164 Letter from the Mystic Valley Gas Company request- gas main ing permission to install a 4-inch main in Grant Street was held over. Mr. Carroll retired at 10:17 P.M. Mr. Blaisdell, Mr. Battin and Mr. White met with the Board to discuss proposed motions to be offered at Civil Defense the Town Meeting next Monday . articles Mr. Blaisdell advised that indefinite postponement would be requested on the Civil Defense articles 15 and 16 unless more definite information is obtained from the Director at a meeting scheduled for Thursday evening. The group retired at 10:40 P.M. Upon motion duly made and seconded, it was rioted Minutes to approve the minutes of the Selectmen' s Meeting held on October 23, 1961. Letter was received from Robert L. Lyon advising Tour that he desired to be recorded in favor of theHistoric Train Tour Train as he will be out of Town the night of the public hearing. The Chairman read a letter from the Lexington Detachment of the Marine Corps League advising that Use of Hall the organization will be meeting in the American Legion Building and will no longer need to use Cary Memorial Building. Mr. Richards suggested, and the Board agreed, to United Nationssend a letter of thanks to theLexington Lions Club for Flags the United Nations flags donated to the Town . Letter was received from the Lexington Lions Club requesting permission to use the High School athletic Use of field field for the observance of July L , 1962. It was agreed to advise the organization to con- tact the Recreation Committee . Letter from Mr . Chester Duval relative to a notice issued by Mr. Byrne , Gas Inspector, was held over from the last meeting. The Chairman reported that she had talked to the Department of Public Safety, Mr. Pierce of the Gas Gas Code Company and Mr. Duval. She stated that Mr. Byrne feels very definitely he does not want to be the indi- vidual to qualify who is a master plumber. She said Mr. Pierce told her Lynn is in the same position and has taken the matter to court for a ruling and sug- gested holding this over for a week or two. 165 Letter was received from Chief Rycroft advising that Mrs . Richard Nylander had resigned as a Policewoman at the Adams School crossing. Resignation Upon motion dulymade and seconded, it was voted to accept the resignation. Letter was received from Chief Rycroft recommend- ing appointment of certain library personnel as Special Special Palace Police Officers . Upon motion duly made and seconded, it was voted to appoint the following individuals Special Police Officers in the Town for terms expiring March 31, 1962. Upon motion duly made and seconded, it was voted to renew the following licenses : Licenses James J. Green 8 Fiske Road Peddler ren'wl. John R. Holt 270 Chelmsford Rd. Joseph A. Costa 58 Ivan Street Taxi dr _ver new The meeting adjourned at 10:55 P.M. A true record, Attest: Executive /Clerk, Selectmen