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HomeMy WebLinkAbout1962-05-14-BOS-min 404 aC tz SELECTMEN'S MEETING May 14, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, May 14, 1962, at 7:55 P.M. Chairman Adams, Messrs . Cole, and Brown were present . Mr. Staples, Executive Assistant ,and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two poles, guy wire and anchor on each pole, on Marrett Road. Pole and Mr. Serverson, representing the Boston Edison guy wire Company, and Mr. Gonsil-rio, representing the New locations England Telephone and Telegraph Company, were present . Notice of the hearing was mailed to the peti- tioners, owners of the property as listed on the peti- tioners ' plan and also filed with the Superintendent of Public Works . Mr. Serverson explained that a petition had been presented some time ago, at which time request was made for three poles and the abutters objected. Now the company would like to set two poles with the abutters ' approval. Mr. and Mrs . Thomas Brincklow, 676 Marrett Road, representing Mr. Arthur J. Thyng, owner of the pro- perty, were present . Mr. Brincklow said he had seen the plans and was in agreement with them. No one else wished to be recorded in favor or in opposition and the hearing waa declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing poles, guy wires and anchors: Marrett Road, southwesterly side, northwesterly from a point approximately 8 feet northwest of Wilson Road, -- Two (2) poles . Guy wire and anchor on each pole. (Four existing JO poles to be removed. ) Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate poles, guy wires and: anchors on Bedford Street . 405 Notice of the hearing was mailed to the petitioners, owners of the property as listed on the petitionerst plans and also filed with the Superintendent of Public Works . Mr. Serverson explained that the petition was in Pole conjunction with widening Route 128 at Bedford Street locations Mr. James Rahn, 331 Bedford Street, representing Frances Rahn, and Elias L. Mabardy, 341 Bedford Street, were present . Mr. Rahn said the question he had was about the trees and asked if the propcsed locations would inter- fere with the trees . Mr . Serverson explained that the existing pole would be moved back five feet, and the other pole is on the opposite side of the street in order to service Mr. Rahn and the people next door . Mr. Rahn asked if the pole would be placed inside the sidewalk and Mr. Serverson replied that it would be inside the curb. Mr . Rahn said he had no objections if the trees were saved. Mr. Mabardy said he wanted to know where the poles are going ana Mr . Serverson indicated the pro- posed locations on a plan. Mr. Mabardy said the State owns the highway and it has nothing to do with the Town. He said the side- • walk is very narrow. He asked if the State would have a grass plot beyond the curbing and Mr. Serverson re- plied that he did not know. He explained that the pole would be about thirty feet out from his property. Mr. Mabardy said the proposed locations were all right as long as no pole is located in his driveway. No one else wished to be recorded in favor or in opposition and the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowin pole, guy wire and anchor locations: Pole, guy Bedford Street, southwesterly side, southeasterly from wire lo- a point approximately 230 feet southeast of Eldred cations Street, -- Six (6) poles, guy wire and anchor on lath, 5th, and 6th poles . (Six existing JO poles to be removed. ) Bedford Street northeasterly side, northwesterly from a point approximately 70 feet northwest of Williams Road, -- Eight (8) poles, guy wire and anchor on lath, 5th, 6th, and 8th poles. (Ten existing Jo poles to be removed. ) 406 \ ;MC Bedford Street, northeasterly side, southeasterly from a point approximately 15 feet southeast of Williams Road, -- Three (3) poles, guy wire and anchor on 3rd pole . (Three existing JO poles to be removed. ) Bedford Street, southwesterly side, approximately 347 feet southeast of Williams Road, -- One (1) pole . (One existing JO pole to be removed. ) Hearing was declared open upon petition of the New England Telephone and Telegraph Company for permission to locate 57 feet of conduit on Bedford Street and 29 feet of conduit on Eldred Street . Notice of the hearing was mailed to the petitioners, owners of the property as listed on the petitioner ' s plan and also filed with the Superintendent of Public Works. Conduit Mr. Consilvio stated that the State has approved location the conduit location, but the company has to obtain a grant of location from the Town. No one was present in favor or in opposition and the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing conduit location: Bedford Street: From Manhole 54/112 at Eldred Street (State Highway) Northeasterly approximately 57 feet 4-25 of Conduit. Eldred Street : From Bedford Street Northeasterly ap- proximately 29 feet of Conduit. Hearing was declared open upon petition of the New England Telephone and Telegraph Company for permission to locate 88 feet of conduit on Route 128. Notice of the hearing was mailed to the petitioners, owners of the property as listed on the petitioner's plan and also filed with the Superintendent of Public Works . Conduit Mr. Consilvio explained the conduit would be with- location in the highway belonging to the State but a grant of location has to be obtained from the Town. No one was present in favor or in opposition and 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 location: '7 Northern Circum- From Lexington Station No. 53 ferential Highway: easterly approximately 88 feet (Route 128) of conduit and from Lexington Station No. 53 westerly approxi- mately 88 feet of conduit . Messrs. Serverson and Consilvio retired at 8:10 P.M. Messrs . Stevens and Carroll met with the Board. Mr. Stevens reported that the Bill, petition for which the Board signed last week, for authorization to appropriate money to compensate subdividers for con- structing ways or services to greater width or size Bill than required to serve subdivisions, was admitted by both branches of the House and has gone to Municipal Finance. Mr . Stevens said he had anOrder of Taking pre- pared on the Monsignore land on Laconia Street and he presented a Land Court Plan showing the land to be ac- quired for school, playground and other public purposes. Upon motion duly made and seconded, it was voted Monsignore to adopt an Order of Taking in the following form: land _, , COMMONWEALTH OF MASSACHUSETTS MIDDLPSEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 14th day of May, 1962, it is ORDERED:- Whereas by vote duly adopted by a Town Meeting duly called, warned and held on the 5th day of March 1962, namely at an adjourned session thereof duly held on March 19, 1962, the Selectmen were authnriaed on behalf of the Town of Lex- inton to purchase, take by eminent domain or otherwise ac- auirefor school, playground and other public purposes, the land hereinafter described and an appropriation of money was made therefor . NOW, THERLFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, cualified and acting as such, do hereby, pur- suant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926, and Chapter 79 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 enabling, take in fee simple in the name and on behalf of the Town of Lexington for sewer, water, drain, street, 408 r ►C tt school and playground purposes the following parcels of land situated in Lexington and bounded and described as follows : 1. A parcel of land, bounded: EASTERLY by Laconia Street, fifteen and 04/100 • (15.04) feet; SOUTHERLY by land now or formerly of Mary Monsignore, two hundred twenty-four and 29/100 (224.29) feet; NORTHEASTERLY by said land now or formerly of Mary Monsignore and by lot 6, three hundred seventy-three and 01/100 (373.01) feet; SOUTHERLY by lands now or formerly of Howard Munroe and of A. Young, six hundred seventy-six and 99/100 (676.99) feet; WESTERLY by the end of Way No. 3 and by lot B6, three hundred seventy-two and 75/100 (372.75) feet; SOUTHERLY by said lot B6:, two hundred forty- nine and 80/100--4249.80) feet; WESTERLY by lot B5, one hundred forty-five and 60/100 (145.60) feet; SOUTHERLY by said lot B5, lot B4 and the northerly end of Way No. 2, two hundred sixty and 14/100 (260 .14) feet; WESTERLY by land now or formerly of H.S. Raymond, two hundred seventy-nine and 12/100 (279.12) feet ; NORTHERLY by land now or formerly of Charles H. Stearns, seven hundred twenty-nine and 22/100 (729.22) feet; NORTHEASTELY by land now or formerly of Mary Monsignore, by land now or formerly of Earl P . Young, and by lots 5 and five hundred thirty-five and 83/100 535.83) feet; and 409 NORTHERLY by said lot 4, two hundred twenty-six and 31/100 (226.31) feet . Said land consists of a portion of lot B7 shown on plan 12100F and of the Way situated southerly of lot A on said plan . There is excepted and excluded from said land so much of said land as is included within the limits of the parcel marked "Rose Young" on said plan 12100F. 2. Also another parcel of land, bounded: All of Way No. 2, forty (40) feet wide; All of Way No . 3, forty (40) feet wide; and That portion of Way No. 3 southerly of the middle line of said Way south of said lot 36; saidyr tri as being s1o`• upon said. plan 12100F and more particularly shown on plans 12100D and 12100.. The land hereby taken is shown on a plan entitled "Plan Of Land In Lexington, Mass . ", dated May 11 , 1962, John J. Carroll, Town Engineer, a copy of which is attached here- to and is to be registered herewith. All said land is taken with the benefit of all rights and easements now appurtenant thereto . The land hereby taken is taken subject to the following rights and easements, so far as now in force and applicable : a. The land that is part of said lot B7 and the Way situated southerly of said lot A are subject to easements as set forth in a deed given by August Young to Salvatore Santosuosso, dated February 28, 1927, recorded in Middlesex South District Deeds, Book 5070, Page 185. b. Said land that is a part of lot B7 is subject also for the benefit of said lot B6 to the right to lay water pipes and erect and maintain electric light poles as set forth in a deed given by August Young to Harry Cupp et ux filed in the Registry as Docu- ment No. 120533. c . Said Way No. 2 and said Way No. 3 are subject to easements of way for passing and repassing as appurtenant to the parcel marked B3 on said plan 12100F, as set forth in Document No. 102583; for the benefit of lot B4 as shown on said plan, as set forth in Document No. 10258/i; for the benefit of 440 l-C lot B5 as shown on said plan, as set forth in Document No. 102585; and for the benefit of lot B6 shown on said plan, as set fort . in Document No. 120533. All trees upon said land and buildings and structures affixed thereto are included in the taking, excepting, how- ever, structures affixed under rights and easements to which this taking is subject as hereinabove set forth. The land taken is a portion of the premises represented by the following certificates of title filed in Middlesex South Registry District: No. 53527 Registration Book 358 Page 225 No. 96396 Registration Book 612 Page 46 We award the damages sustained by persons in their pro- perty by reason of the taking hereby made as follows : To Mary Monsignore, the sum of One Dollar, To Francis H. Zepf and Gloria E. Zepf, the sum of One Dollar. 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 interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by 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 now to be assessed for the im- provements for which this taking is made. WITNESS our hands and seals in said Lexington, the day and year first above written. TOWN OF LEXINGTON By /s/ Alan G. Adams Lincoln P . Cole, Jr . Otis S . Brown, Jr. Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . May 14, 1962 Then personally appeared the above named Alan G. Adams, Otis S . Brown, Jr. , Levi G. Burnell, 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, before me /s/ Harold E. Stevens My commission expires Aug.31, '68 Notary Public 411 Upon motion duly made and seconded, it was voted to sign Contract #1, Sewers, with Susi & DeSantis Co. , Sewer Inc . , in the amount of $137,573.00. contract Letter was received from Mark F. Croker, Water Commissioner for the City of Newton, with reference to a hearing to be held Thursday, May 17, to discuss Senate #760 aenate #760, proposed increase in the cost of Metro- politan Water . Prior to this hearing, a meeting is scheduled to be held in Newton City Hall for delegated representatives to discuss the proposed legislation. It was agreed that Mr . Staples and Mr. Carroll would attend both hearings . The Charman read a letter from Mr. and Mrs . Joseph L. Gillis, 140 Cedar Street, claiming danages to the extent of S550 for a portion of their property which was included in the layout of Hamblen Street . Mr. Staples reported that he and Mr. Carroll Claim went up to look at the property and it was their opinion that the damage did not amount to $550. Mr . Carroll presented a plan and explained that the corner of the Gillis property was merely rounded off. Mr. Brown reported that he had also looked at the property and felt that it did not appear to be damaged more than what the Boa° d had previously offered. The Board felt that the offer to settle Mr. Gillis ' claim by abating one half of the betterment which would reduce the betterment assessment to $120 was a reason- able offer and it was agreed to so advise Mr . and Mrs . Gillis . Mr. Stevens retired at 8:35 P.M. Further discussion relative to the recreation field and bleachers was held over until the next meet- ing of the Board. Mr. Carroll retired at 8:35 P.M. Mrs . Ralph Davis an:: Mrs. Gale of the Lexington Field and Garden Club, Professor Hamblin, Mr. Sparrow and Mr. Kelly of the recreation Committee met with the Board. Mrs. Davis asked if the Town would be interested in the group having a wild flower and bird sanctuary in Willard' s Woods . She presented a plan ofthe woods and indicated the area the Club is interested in, a Wild Flower natural area at the moment. She stated that the Club & bird would plant a few trees that the birds would be interested sanctuary in. 412 F Mr. Sparrow said the Recreati :n Committee would have no objections to what Mrs. Davis proposed. TheChairman said a plan should be developed so that everyone will know what is being done. Mrs . Davis said she would like to work with the Recreation Committee. She said Mr. Mazerall did clear out a rather large area and the Club would like to have him leave some of the fallen trees for the birds. The Chairman suggested that the Club work with the Planning Board. Mrs. Davis stated that the Club has funds that it can use if there is no objection . The Chairman said the Board would leave it that the Recreation Committee, Planning Board, Mr. Snow and the Field and Garden Club would take over the future development of thearea. He said there should be a plan and Mr. John Carroll should know about this inas- much as he is head of the department in which Mr. Mazerall operates . The group retired at 8:45 P.M. Mr . Alfred P. Busa met with the Board. He referred to his offer to purchase tax title lots on Circle Road and said he was in agreement on everything except the price of the land. He said Tax title the proposal submitted to him was S200 a lot and he felt that was too high. He said he purchased sixteen lots for $140 with a clear title. He said it would cost him 83,000 per building lot for public utilities and building the street . He said he was talking $100 per lot instead of $200 . Mr. Staples asked hoa many building lots were involved and Mr. Busa replied seven from the Town and he has six lots. Mr. Staples said he paid 56,000 for twelve lots and Mr. Busa said they were not Town owned lots . Mr. Brown asked how many lots he would have and Mr. Busa replied fifteen. The Chairman said Mr. Busa' s attorney was going to write up an agreement and Mr. Busa said it was being held up now on the price of the lots . The Chairman said the Board would discuss the subject . Mr. Busa retired at 9:07 P.M. Mr. Staples reported that Mr. Berglund said $200 was the market value on the twenty-five foot lots . Further consideration was held over until the next meeting of the Board. Request was received from the Mystic Valley Gas Company for permission to locate a L4-inch welded steel gas main in Liberty Avenue to serve #2 Liberty Avenue. The proposed location was approved by Ntr . Carroll . Gas Main Upon motion duly made and seconded, it was voted to grant the request subject to the work being done to conform with Mr. Carroll' s specifications . Request was received from Lexington Post V.F.W. 3007 for permission to conduct the Post ' s Annual Poppy Poppy Drive Drive on May 18 and 19. Upon motion duly made and seconded, it was voted to grant the request . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes onlay 7. Letter was received from the Office of the Assistant Secretary of Defense with reference to the program Heritage observing the Civil War Centennial on June L and 5. Pageant Upon motion duly made and seconded, it wasvoted not to hold a Selectmen' s Meeting on Monday, June 4, the date for the meeting that week to be determined later. Upon motion duly made and seconded, it was voted to approve payment of a bill in the amount of $30 for invitations to the Heritage Pageant . Further consideration was given to Mr. Arthur L. Burrell' s letter of April 26 expressing interest in returning to the position of Civil Defense Director. Civil Defense Following a discussion on the subject , motion was duly made and seconded to appoint Mr. Arthur L. Burrell, Director of Civil Defense, effective immediately, for a term expiring March 31, 1963. The Chairman was recorded in opposition. Further consideration was given to an appointment to the Board of Appeals to replace Mr. Charles H. Norris. The Chairman agreed to obtain information relative to appointing Mr. Hoyt, now an Associate Member, to fill the vacancy. The Chairman brought up the subject of the Hanscom Field Base Community Council and reported that Mrs . Morey would like to serve on the Council. He suggested that two member s from the Board and two members at Base large serve on it. Council Further consideration was held over until the next meeting of the Board. �-C 414 Letter was r: ceived from the Board of Health advising that the polio vaccine program will cost 52,200 and the Board requ_sted a transfer to carry Transfer on the program. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $2,200 from the Reserve Fund to the Board of Health Expenses Account . Letter was received from Mrs . Rich, Collector of Taxes, advising that she has increased the bond of Bond Deputy Collector Julian Roberts to $5,000 as she in - tends to give him an additional amount to collect . Upon motion duly made and seconded, it was voted to approve bond 6S-65627 in the amount of 55,000 on behalf of Julian Roberts, Deputy Collector . Upon motion duly made and seconded, it was voted to appoint Messrs. Kingston L. Howard, Raymond B. Appointments Barnes (replacing Arthur E. Douglass) and Frank P . DiGiammarino (replacing Donald B. Cobb ) to the Town Celebrations Committee for three-year terms expiring April 30, 1965. The meeting adjourned at 10:35 P.M. A true record, Attest : " Executive/Clerk, Selectmen