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HomeMy WebLinkAbout1962-03-03-BOS-min 0fi Upon motion duly made and seconded, it was voted to grant the following Taxi Driver licenses, satisfactory references having been received from the Chief of Police : Thomas McGreevy 55 Mystic St . , Arlington Licenses Richard A. Cormier 25 Hudson Road, Lexington Permission was granted to the League of Women Voters to park a Votemobile in the Center on Wednesday, February Permit 28 and Monday, March 5. The meeting adjourned at 11:00 P.M. true record, Attest : ExecutiveClerk , Selectmen 0.0 tirca SELECTMEN ' S MEETING • March 3, 1962 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Saturday morning, March 3, 1962, at 9:00 A.M. Chairman Morey, Messrs . Adams , Ferguson, Richards and Cole were present . Mr . Stevens, Town Counsel, Mr. Staples, Ex- ecutive Assistant, and Miss Murray, Executive Clerk, were also present . Mr. Stevens referred to authorization given to the Board by a vote of the Special Town Meeting in November, 1961, to abandon part of a flowage easement in Butterfield' s Pond on parcel 10, and. presented an instrument of abandon- ment . Abandonment Upon motion duly made and seconded, it was voted to sign the instrument of abandonment in the following form: ABANDONMENT AND RELEASE OF PART OF FLOWAGE EASEMENT WHEREAS by an order of the Board of Selectmen of the • Town of Lexington duly adopted on February 13, 1939 and recorded in Middlesex South District Registry of Deeds, Book 6279, Page 318, the Town of Lexington tookthe ease- ment to enter upon and to flow the water of Butterfield' s Pond and its tributaries over v-rious parcels of land de- scribed in said order, including the parcel of land described therein as "10 . A parcel of land in Lexington on the northwesterly side of Adams Street containing about 0 .3 acres and being a portion of land now or formerly of Mary Trupasso." , and WHEREAS the Board of Selectmen of said Town of Lex- ington being the Board of said Town having charge of such easement has determined that such easement in the parcel of land hereinabove described is no longer required for public purposes; and WHEFEAS at a Town Meeting duly called and held on November 6, 1961, in accordance with the provisions of law applicable thereto, it was unanimously vote& that the Selectmen be authorized to abandon the aforesaid ease- ment in said above described parcel of land and that the minimum abount to be paid for such abandonment be One Dollar. 7.0 dia NOW, THEPEFORE, in consideration of One Dollar (x1.00) paid to the Town of Lexington, receipt whereof is hereby acknowledged, we , the undersigned, being a majort7 of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, in the name and on behalf of the Town of Lexington pursuant tosaid vote and under and by virtue of the provisions of Section 15 of Chapter 1.4.0 of the General Laws of Massachusetts and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way en- abling, do hereby declare to be abandoned and do hereby release the easement to enter upon and to flow the water of Butterfield' s Pond and its tributaries over the parcel of land described in the aforesaid order of taking as 1410 . A parcel of land in Lexington on the northwesterly side of Adams Street containing about 0.3 acres and being a portion of land now or formerly of Mary Trupasso." Nothing herein contained, however, shall in any manner impair or derogate from the easements taken in other parcels of land by said order of taking adopted on February 13, 1939 and recorded in said deeds, Book 6279, Page 31O . IN WITNESS WH,RFOF, the name of the Town of Lexing- ton has been hereto affixed and this instrument has been executed in its name and on its behalf by a majority of the Board of Selctmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 3rd day of March, 1962 . • T0ir,N OF LEXINGTON • By /s/ Ruth Morey Norman J. Richards Alan G . Adams Gardner C . Ferguson Majority of the Board Countersigned of Selectmen /s/ James J. Carroll Town Treasurer F-C a COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . March 3, 1962 Then personallyappeared Ruth Morey, Alan G. Adams, 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 acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary .P„blit My commission expires :Nov . 21, 1964 C1'RTIFICATE OF VOTE March 3, 1962 I, James J. Carroll, Torn Clerk of the Town of Lex- ington, hereby certify that at a Town Meeting in Lexington, • duly called and held on November 6, 1961, at whi h a quorum was present and acted throughout, the following vote was unanimously adopted: `'VOTED: That the Selectmen be and they hereby are authorized to abandon the easement to enter upon and to flow the water of Butterfield' s Pond and its tributaries over the parcel of land described as 'rlO . A parcel of land inLexington on the north- westerly side of Adams Street containing about 0 .3 acres and being a portion of land now or for merly of Mary Trupasso. '1, in the order of taking by the Town dated. February 13 , 1939 and recorded in Middlesex South District Registry of Deeds, Book • 6279, Pare 318, such easement in said parcel being no longer required by the Town; that the minimum amount to be paid for such abandonment shall $1.00; and that the instrument of abandonment shall be in. such form as the Selectmen, by the execution there- of, shall approve . ” A true copy. Attest: • /s/ James J. Carroll James J. Carroll, Town Clerk m . Mr. Stevens referred to authorization to the Board by a vote of the Special Town Meeting in Novembe41960, to abandon part of a drain easement in the subdivision known as Glen Estates, and presented an instrument of abandonment . Upon motion duly made and seconded, it was voted to sign the instrument of abandonment in the following f orm.P ABANDONYENT ARP RELEASE OF P =T OF DRAIN SAS-,!IDNI WHEREAS by instrument dated April 23, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9584, Page 29, George Avadanian, of Arlington, Middlesex County, Massachuset' s , granted to the Town of Lexington, a muni- cipal corporation, certain easements in a subdivision known as "Glen Estates Lexington, Mass . " in said Lexington, including a drain easement in lots 10 and 11 on Rogers Road in said subdivision, all as set forth in said in- strument ; and WHFPEAS the Board of Selectmen of said Town of Lex- ington being the Board of said Town having charge of such easements has deterrined that a portion of such drain easement in said lots 10 and 11 on Rogers Road is no longer required for public purposes ; and WHTOREAS at a Town Meeting duly called and held on November 28, 1960 in accordance with the provisions of law applicable thereto, it was unanimously voted that the Selectmen be authorized toabandon the portion of the drain easement hereinafter described in said lots 10 and 11 that is no longer needed by the Town and that the minimum amount to be paid for such abandonment be One Dollar : NOW, THEREFORE, in consideration of One Dollar ($1.00 ) paid to the Town of Lexington, receipt whereof is hereby acknowledged, we, the undersigned, being a majority of the Board of Selecteen of said Town of Lexington, duly elected, qualified and acting as such, in the name and on behalf of the Town of Lexington;pursuant to said vote and under and by virtue of the provisions of Section 15 of Chapter ) 0 of the General Laws of Massa:chuset'r.s 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, do hereby declare to be abandoned and do hereby release the portion of the aforesaid drain easement in said lots 10 and 11 on Rogers Road in Lexington that is bounded and described as follows : 303 rt Commencing in lot 10 at an angle point in the westerly side line of the drain easement that was granted the Town of Lexington by George Avadanian by instrument dated April 23, 1960, recorded in said Deeds, Book 9584, Page 29, said point bearing North 34° 27 ' 18" East and bein=g distant 24.95 feet from the southwesterly boundary of said lot 10; thence running North 040 40 ' 34" East through lot 10 and into lot 11, distant 115.88 feet to a point in the southeasterly side line of a strip of land marked "251Wi_de Drain Easement" on plan hereinafter mentioned; thence turning and running North 62° 15' 17" East along said southeasterly side line , distant 11.85 feet to a point ; thence turnipf and running South 04° 40 ' 34" West through lot/End into lot 10, distant 92.10 feet to a point ; thence turning and running South 22° 26 ' 08" West, distant 30 .17 feet to a point ; and thence run-ing South 34° 271 18" West, distant 1 .61 feet to the point of beginning; all as shown and marked "to be abandoned" on plan entitled "Plan Of Land In Lexington Mass . ", dated September 8, 1960, Everett M. Brooks Co. , Civil Engineers, recorded in said Deeds as ;tan No. 1567 of 1960, Book 9698, Page 163 . Nothing herein contained, however, shall in any manner • impair or derogate from the remainder of the drain easement and the other easements granted to the Town of Lexington in said instrument from George Avadanian dated April 23, 1960 and recorded in said Deeds , Book 9584, Page 029 . IN WITNESS WEI :;-.EOF, the name of theTown of Lexington has ben hereto affixed and this intrument has been execu- ted in its name and on its behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 3rd day of March, 1962. TOWN OF LEXINGTON By /s/ Ruth Morey Norman J. Richards Alan G. Adams Countersigned Gardner C . Ferguson Majority of the Board James J. Carroll of Selectmen Treasurer 00`0 C O?ThhON EALTH OF MASSACHUSETTS Middlesex, ss. March 3, 1962 Then personally appeared Ruth Morey, Alan G. Adams, 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 act and deed and the free act anddeed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary F„blit My commission expires November 21, 1964 CERTIFICATE OF VOTE March 3 , 1962 I, James J. Ceitull, Town Clerk of the Town of Lex- ington, hereby certify that at a Town Meeting in Lexington, duly called and held on November 28, 1960 , at which a quorum was present and acted throughout, the following vote war- unanimously adopted: "VOTED: That the Selectmen be and hereby are author- ized on behalf of the Town toa0andon the portion hereinafter described of the drain easement in lots 10 and 11 on Rogers Road in Lexington that is no longer needed by the Town and which is part of the drain easement that was granted to the Town by George Avadanian by instrument dated April 23, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9584, Page 29; that the minimum amount to be paid for such abandonment shall be $1.00; and that the instrument of abandonment shall be in such form as the Selectmen by the execution thereof shall approve ; said portion to be abandoned being bounded and described as follows : "Commencing in lot 10 at an angle point in the westerly side line of the drain easement that was granted the Town of Lexington by George Avadanian by instrument dated April 23, 1960, recorded in said Deeds , Book 9584, Page 29, said point bearing North 34.0 27 ' 1894 West and being distant 24.95 faet from the southwesterly n A4 y 0 boundary of said lot 10; thence running North 04° 40' 34" -Oast through lot 10 and into lot 11, distant 115.88 feet to a point in the southeasterly side line of a strip of land marked "25' Wide Drain Easement" on plan here- inafter mentioned; thence turning and running North 62° 15' 17" East along said southeasterly side line , distant 11.85 feet to a point; thence turning and running South 04° I!0 ' 34" west through lot 11 and into lot 10, distant 92 .10 feet to a point; thence turning and running South 22° 26 ' 08" West, distant 30 .17 feet to a point; and thence running South 34° 27 ' 18" West, distant 1. 61 feet to the point of beginning; all as shown and mcrked "to be abandoned" on plan entitled "Plan Of Land In Lexington Mass .", dated September 8, 1960, ':verett M. Brooks Co. , Civil Engi- neers , recorded in said Deeds as plan No. 1567 of 1960 . A true copy. Attest: /s/James J. Carroll James J. Carroll, Town Clerk Mr . Stevens reported that Mr. John Carroll had sent him a report of an accident . The individual involved is a technical sergeant stationed at Hanscom Field and has been ordered overseas . The accident occurred February 22, under icy road conditions on Massachusetts Avenue- at Hastings Park. Mr . Paul Mazerail was operating a one and Claim a half ton pickup truck and the sergeant was operating a Chevrolet Corvette . He reported on the statements of the two men involved and advised that the Liability appears to be on Mr . Mazerall. Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to indemnify Mr . Mazerail to the extent of 4240 . 60, the low estimate received from Rowe- Jackson, and make payment upon receipt of releases . Mr . Stevens said he would like to purchase from the Town one file cabinet . When he first became Town Counsel in January, 1950, he charged to his expense acccunt one steel four-drawer filing cabinet which cost 483 .72, and which has been in use since that time with Town files . Upon motion duly made and seconded, it was voted to sell the steel four-drawer filing cabinet to Mr. Filing Stevens for $40 .00. cabinet Upon motion duly made and seconded, it was voted to abate the street betterment assessment in the amount Luongo of $1, 607.10 levied against lot 10 and part of lot 11 abatement Buckman Drive , owned by Pasquale arid Hermina Luongo in settlement of claim for damages . The Chairman reported that the ambulance was in an accident and the Commissioners can hire one for 625.00 a day. Mr. Stevens said he thought if the Town could hire an ambulance for a few days at not too much- money, it could be charged to the appropriati: n for the operation of the ambulance . He said the Town could not hire someone else to run an ambulance and the Town pay for it and bill the people . He said the easiest procedure would be to refer the calls to the private ambulances . Ambulance Mr. Richards said if the ambulance is going to be out of use for three or four days, the Town could con- tact an ambulance service , advise them of the situation, and ask if they would be willing to accept calls refer- red by the Town. Mr . Adams said he thought, in such an arrangement, the question of time was bad. It was agreed that the Fire Commissioners could either lease an ambulance and operate it themselves providing it was adequately insured to indemnify the Town, or they could make an arrangement with a private ambulance service to accept calls referred to it by the Fire Department; the ambulance service to take care of sending out thebills and collecting them. The Chairman said the police have been calling the ambulance before they arrive at accidents and the Com- missioners thought they were supposed to call back if they needed an ambulance . She stated that last week they had two calls and when they a °rived, there was no need for the ambulance . She said she thought the Board should remind the Police Department to wait until they see the need of an ambulance . Mr. Adams said he thought it was up to the Police Department to use its own judgment . Mr . Stevens retired at 9:40 A . M. Mr. Adams agreed to check with the Police Depart- ment relative to calls for the ambulance when it is not needed. 24' r 4i+✓' 3e Ki At 9:45 A .M. , representatives from the Standing School Building Committee , the School Committee , Ap- propriation Committee and the Capital Expenditures Committee met with the Board. School Mr. Fisher, Chairman of the Standing School Build- ing Committee , presented and explained plans and proposal to be presented to the Annual Town Meeting for a new secondary school building or buildings . A general discussion was held on the subject and the group retired at 11 : 15 A.N . Further consideration was given to the amount ap- proved for the salary of theTown Clerk and Treasurer, Mr . Carroll having stated that the 154.00 increase ap- Salary proved by the Board should apply to both Town Clerk and Town Treasurer, a total of ; 8 .00 . However, it was agreed not to make any change in the recommendation inasmuch as the Board has not approved more than 64.00 per week for any individual. Motion was made and seconded to reconsider the action taken by the Board at its meeting on February 26 relative to disapproving one additional man for the Fire Department . Fire Upon motion duly made and seconded, it was voted )Department to rescind the vote disapproving an additional man for the Fire Department . It was further voted to approve one additional man . Mr . Staples mentioned that Mr . John Byrne , Gas Inspector, was still of the opinion taiat he shollk re- ceive an increase in salary. Gas Upon motion duly made and seconded, it was voted Inspector not to make any change in the amount of the general increase approved for full-time and part-time employees; the amount approved for Mr . Byrne as Gas Inspector to remain at 61200, as approved. Mr. Staples reported that the Concord Wire In- spector had suffered an injury to his leg and would not be able to substitute for Mr . Jeremiah who will begin his vacation March 5, and will be away for three weeks . He said that Mr . Jeremiah had contacted Mr . William Dean, Inspector in the Town. of Lincoln, who agreed to Wire substitute . Inspector Upon notion duly made and seconded, it was voted to appoint Mr. William Dean as Substitute Wire Inspector for a three-week period beginning March 5, 1962. The meeting adjourned at 12: 10 P.M. A true record, Attest: F;xecutive Clerk, Selectmen