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SrLECTY 0W' SETIWWO
January 2, 1962
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Tuesday, January 2, 1962, at 7: 30 P.M. Chairman
Morey, Messrs . Adams and Richards were present . Mr .
Stevens, Town Counsel, Mr . Carroll, Superintendent of
Public Works , Mr. Staples, Executive Assistant, and
Miss Murray, Executive Clerk, were also present . Mr .
Cole arrived at 10 :00 P.P .
Mr . Stevens referred to the suit thet was pending
against the Town for damages for taking a sewer ease-
ment on two parcels of land owned by James Carrig
and reported that he had received a release from
Carrig .
Upon motion duly made and seconded , it was voted
to sign an abatement of .L252.97 sewer betterment as-
sessment levied against Lot 39 Cambridge-Concord High-
way and abatement of 426 .71 sewer betterment assessment
levied against an unnumbered lot, as referred to in Abatem_nts
plans entitled "Plan of Sewer Easement Off Cambridge-
Concord Highway to Lawrence Lane and Webster Road, Lex-
ington, Mass. " , and "Plan of Sewer Easement Off Pleasant
Street, Lexington, Mass ."
Mr. Stevens stated that he did not have time to
check the court list to find out where the Justin
Shea case is . He said that lir. Reenstierna ' s opinion
on the damages of the taking of the sewer easement was
•x800 and explained the t away back in the beginning, the
Planning Board recommended that the Town acquire the Shea ' s
land -3.nd also additional land for the Adams School . He claim
said he has not had any discussion with Mr. Shea ' s
attorney. He stated that Mr . Reenstierna figures the
loss in value is L ,000, and if the Town takes the addi-
tional parcel, it will be 21200 more; his decision being
based on the fact that Mr. Shea will be losing two lots .
He explained that if the Board decides to offer :, 200
and it is not acceptable , there will have to be an
article in the warrant because The Board would have no
authority to acquire that p-rcel. He said if Mr . Shea
will not settle , he should be advised that there are two
separate items . He has never asked anything for the
sewer easement because from the very beginning, the Town
wanted to see if it could buy the land and additional
land because this is where Emerson Road was going. He
said he has been waiting all this time. for a plan and
232 N4,
as soon as it was received, it was given to Mr . Carroll
who had the lines laid across it and then gave it to
Nr . Reenstierna for his opinion of the value .
Mr. Adams said he was it favor of netotiating for
4200.
Mr. Richards said if the price is too high, the
Board might as well proceed on the sewer easement .
It was agreed to authorize Mr . Stevens to try to
have Mr . Shea give the Board an option in writing to
s ell this land for 44200 and release of all damages for
the taking; the option to be exercised in May . After
receipt of the release , the Town would .so in and make a
taking, check the title and get a confirmatory deed.
Mr. Stevens explained that Mr , Shea feels that if
those two lots are taken, it makes the development of
the rear land uneconomical .
Copy of Mn. Stevens ' letter to Mr . Toole , M , and
copy of the proposed_ agreement as redrafted, was noted
and placed on file .
Copy of a letter from the Federal Aviation Agency
',astern Region to Mr . Nickerson, relative to installation
Signal of a signal receiving base on Raytheon lane, was received
Receiving and read by the Chairman.
Base Mr . Stevens explained that if a structure is erected
on land other than governmental land and released to the _
government, it does cone under the zoning law. If it is
owned by the gover ^gent, it does not come within the
zoning law . He said he would try to obtain some more
detailed information on the subject .
Further consideration was ::riven to the subject of
existing violations of the Historic Districts Act .
The Chairman read a letter received today from
Mrs . Anna Phillips, advising that she does not contemplate
Violations any change except for routine maintenance .
of Historic Mr. Richards suggested that, before taking any
Districts action, those people in violation should be asked to meet
Act . with the Board.
Mr . Stevens said he would try to obtain more in-
formation relative to he sign presently maintained by
the Lexington Nursery & Garden Center .
Mr . Adams said he would contact Mrs . Phillips ' son
and explain the situation to him.
M . Carroll reported fhet. Whitman & How rd had re-
ceived an October 31, 1960 balance sheet on the P.
Pentabone Company and there is still some question rela-
233
tive to the financial cccondition of the firm. They would
like some more time to check the accounts receivable . Bidder on
The Bonding company listed in the bid was never contacted . Street wort
Mr . Richards said he wouldget a report for the .... Drains
Board.
Mr. Stevens retired at 8 : 35 P.N.
Mr . Carroll reviewed the drainage figures on Worthen
Road ant after discussion, it was agreed to include in- Drainage
stallation of the drainage when the street construction
is done .
Mr . Paul P. Shepherd and another gentleman, repre-
senting Cabot, Cabot & Forbes , met with- the Board to
discuss the 600' extension of a water main in Marrett
Road, Route 2A in the vicinity of the Minute Man Research
Park .
Mr . Shepherd presented a plan and stated that it Water main
concerns the piece of property rezoned at the Special extension
Town Meeting and indicated the point to which a 12' main
is being brought in the location of the firm' s subdivision.
He stated that the company has on file with the Planning
Board a subdivision plan showing a road coming into it
which he indicated on the plan. He said. the Town has
an 8" main to the end of the existing ramps and it will
be extended to the end of the future ramps by the State
at no cost to the Town, and that there will be a gap of
800 feet .
He explained that there is a 10'x- water main but
there is nothing into which the company can connect and
stated that the 8" main is fed by a 6" main and the pressure
is very poor. The Planning Board has deferred action on
the subdivision until it has been determined how the water
will be made available at the end of the road .
Mr. Carroll said th:;.t the 6"' water main is in very
poor condition and Cabot, Cabot & Forbes has a subdivision
showing a water main into the street which is 500 feet
deep. The Planning Board is in the posit _on of not know-
ing if it should disapprove the subdivision or if it can
disapprove it . He explained thet Cabot, Cabot Sc Forbes is
trying to find out from the Board of Selectmen if the water
main will be included in the 1962 budget so that the Plan-
ning Board will have reasonable assurance that the water
main will be put in. He said the extension would cost
about B11,500 .
500 .
Mir . Adams asked if it would be done under the Bettor -
ment Act .
Mr. Carroll replied that Lexington Inn now has water
234
from Massachusetts Avenue so there would be no better-
ment on that side but there would be on the other side .
Mr . Aeams asked if this extension would be ,
generally speaking, desirable for the entire area, and
Mr. Carroll repThed t'n± it would help the situation
back to: ards Five Forks but there is no problemthere
now.
The Chairman said the Board would discuss the
subject .
Mr . Shepherd and the gentleman with him retired
at 9: 07 P.M.
Mr . Richards said, as a practical matter, he was
in favor of connecting this and including an item to
cover the cost of the extension in the 1962 budget,
but he thought there should be some discussion with
Cabot, Cabot & Forbes on this subject and the access
to the dump site .
It was agreed to write Cabot, Cabot & Forbes
and state only that the Board would provide theme with
a connection to the Lexington water system.
Yr. Carroll retired at 9: 15 P.M.
Upon motion duly made and seconded, it was voted
to grant a petition andsign an order for the follow-
ing j/o pole locations approved by Mr. Carroll :
Pole
locations Hamblen Street , Southeasterly side , southwesterly
from a point ap_oroximately 90 feet southwest
of Cedar Street, --
Six poles .
Upon motion duly mede and seconded , it was voted
to approve the following j/o pole abandonment on Woburn
Street :
.Woburn Street, northerly side , approximately 130
feet east of Rumford Road .
Notice was received from the State Division of
Forests and Parks relative 6
S -^81 'v,e to 19' 2 appropriations
Budgets for Insect Pest Control and Dutch Elm Disease .
It was agreed" to include an item of PC, 600 for
Insect Pest Control and $17, 000 for Dutch Elm Disease
Control in the 1962 budgets .
Upon motior_ dulr made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meet_` g held
December 26, 1961 .
Letter was received from Alonzo E. Reed, Inc . ,
together with material pertaining to Fallout Shelter
Survey.
The Chairman reported that Mr. Burrell attended
a meeting last Friday nicht with the Army Engineers Civil
on Fallout Shelters . She said that he wanted to dig- Defense
cuss budgets this evening and his letter of last week
with reference to the evaluation of the Civil Defense
Program. She said she thought the Board should dis-
cuss the budget before having Mr . Burrell in.
Mr . Stevens and Mr. Carroll returned to the meeting
at 9 : 30 P.M.
Mr . Stevens referred to a letter received September 18,
1961 from Irving Brown, representing Michael Salhaney,
539 Concord Avenue , asking the Board to make an offer Claim
of settlement for damages .
It was voted to authorize Mr. Stevens to offer
?1 .00 in settlement .
Mr . Stevens retired at 9:35 P.M.
Further consideration - as given to Mr. Gillis ' claim
for damages for land taken in the process of widening and
constructing Hamblen Street .
'i• r. Carroll stated that the Town took 380 feet and Street
Mr. Gillis had to pay f'4'320 for 32 feet . Betterment
Mr . Richards was inclined to abate the betterment abated
assessed on a qorner lot, Mr. Gillis' house and garage
facing Cedar Street .
The Chairman inquired if this would be establishing
as precedent on future assessments of corner lots .
Mr . Richards said that it is not his intention to
set this up as a policy because every parcel of land is
different .
Upon motion duly made and seconded, it was voted
to reduce the betterment assessment to 200 and refer
it to Mr . Stevens to obtain the necessary release of
damages .
Further consideration was given to request of last
week for additional parking spaces for taxis .
Yr. Carroll presented a elan showing the number of
spaces in Depot Square , including the four taxi stands . Traffic Rul6
Upon motion duly made and seconded, it was voted & Orders
to provide two additional spaces for taxi stands to be
located directly in the rear of the present authorized
taxi stands in Depot Square , to include parking meters
in Depot Square at Ross ' store , and on both sides of
Waltham Street as far as Vine Brook Road.
Upon motion duly made and seconued, it was voted
to amend the Traffic Rules and Orders as follows :
AEE DNEI'TT TO THE TRAFFIC RUL'. S AND ORDERS, TOWN
OF L7770707, ADOPTED BY TEE BOARD OF SEL.00TIEN
January 2, 1962
(Parking Meter Zones )
VOTED : That the Traffic Rules and Orders of the Town
of Lexington adopted by the Board of Selectmen
October 7, 1935 and subsequent amendments there-
to, be and hereby are further amended
by striking, out, in Al ticle V, S ction 9, the following
description:
Waltham Stret , easterly side , from Massachusetts
Avenue southerly, for a distance of 163 feet .
Article V, Section 9 is further amended by adding the
following new descriptions :
Waltham Street, easterly side , from Massachusetts
Aven, e southerly for a distance of 370 feet to
Vine Brook Road;
Waltham Street, westerly side from 250 feet south
of Massachusetts Avenue , southerly for a distance
of 230 feet to 480 fe :t south of Massachusetts
Avenue
Date of Passage - January 2, 1962
Mr. Carroll reported that Dr. Yuill, 20 Muzzey Street ,
and Mr. Kenneth Blodgett, 269 Bedford Street, had re-
quested to have snow removed from their places of busi-
ness after snow storms , and presented a plan showing
the areas where snow is presently lifted.
It was agreed to include these two areas in the
list for snow removal .
Mr. Carroll retired at 10 : 13 P.7
237
Bid was received from the Somarville Printing Company
for printing 700 and 800 copies of the 1961 Annual Town
Report .
Upon motion duly made and seconded, it was voted Town Report
to accept the bidreceived from the Somerville Printing
Cogapany for 800 copies of the Annual Town Report at 05.75
per page and 250 copies of the School Department Report
at §3 .50 per page .
Upon motion duly made and seconded, it was voted
to grant the following licenses : Licenses
Carriage House Restaurant Common Victualler
Minute Man Restaurant 71 tl
Village Variety Store
tl
Geo. R. Reed. & Son, Inc . t
Trinity Pharmacy " "
Robert D. Mawhinney First Class Agent
Samuel L. Foray 29 Pine Knoll Road Taxi Driver
Brian J. Raftery 2318 Mass . Avenue
Charles A. Urbon 11 Carville Avenue
Donald J. MacDonald 478 Marrett Road
David C . Warren 39 Adams Street
Kenneth M. Glenn 105 Winter Street11
" t?
Paul B. McCauley 75 Spring Street 11
The meeting adjourned at 11: 03 P.M.
A true record, Attest :
/M
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s:xecdtive-'Clerk, Selectmen