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HomeMy WebLinkAbout1962-10-08-BOS-min fil SELECTMEN 'S MEETING October $, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, October 8, 1962, at 7:30 P.M. Chairman Adams, Messrs . Richards, Cole, Burnell and Brown were present. Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works,and Miss Murray, Execu- tive Clerk, were also present . Mr. Carroll referred to bids opened last week for the construction of a sidewalk on Grove Street and reported that he-had checked the equipment, ex- perience and financial status of the low bidder, Sidewalk bid Belli Bros. Inc. , Mr. Carroll and Whitman & Howard both recommended that the contract be awarded tothe low bidder. Upon motion du7g made and seconded, it was voted to award the contract for the construction of a side- - i walk on Grove Street to Belli Bros. Inc. , the low bid- der, at the corrected bid price of $16,738.50. Mr. Carroll reported, in connection with the Grove Street sidewalk, that there are problems of slope easements . He informed the Board that Mr. Higgins held a meeting last Wednesday with the in- Slope ease- dividuals whose property is involved, and discussed ments the subject with each of them with the exception of Mr. Smith who did not attend the meeting. He re- ported that;the majority of the people want to ex- change betterments for damages . He recommended that a taking be made so the work can be started. He pre- sented a plan of the proposed sidewalk and indicated the properties involved with slope easements . Upon motion duly made and seconded, it was voted to authorize Mr. Legro to prepare the necessary slope easements for the Board' s signature. Mr. Carroll reported on flooding, that occurred during the recent rainstorm, of the road tothe new dump site, and recommended that a letter be sent to the Division of Waterways. Mr. Legro reported that he had prepared a taking relative to the Ash property on Laconia Street, under 4 t4 tem -c tc option, which the Board exercised about a month ago, award- Taking ing $1.00 damages and assessing no betterments. He order Ash said he would follow it up with a confirmatory deed property and release of damages . Upon motion duly made and seconded, it was voted to adopt the order of taking in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 8th day of October, 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 authorized on behalf ofthe Town of Lexington to purchase, take by eminent domain or otherwise acquire for school, playground and Other public purposes, the land hereinafter described and an appropriation of money was made therefor . NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant 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, school and playground purposes a certain parcel of land in Lexington, Middlesex County, Massachusetts, shown as a lot containing 22,500 square feet on a Plan of Land in Lexington, Mass . , Laconia Street, Owned by Rose Young showing fifteen (15) foot way over land of A. Young as laid out February 1927 by Alfred Millhouse , C. E. , March 1928, A. Millhouse, C. E. recorded with Middlesex 6outh District Deeds, Plan Book 409, Plan 52, said lot being bounded and described as follows : NORTHEASTERLY by a fifteen (15) foot right of way as shown on said plan, one hundred fifty (150) feet; NORTHWESTERLY by land now or formerly of A. Young, one hundred fifty (150) feet; 575 SOUTHWESTERLY By land now or formerly of A. Young, one hundred fifty (150) feet; SOUTHEASTELY by land now or formerly of A. Young, one hundred fifty (150) feet. Together with a right of way fifteen (15) feet wide aslaid out and shown on said plan leading from the above described lot to Laconia Street as set forth in a con- firmatory deed from August Young recorded with said Deeds, Book 5205, Page 407. Said land is taken with the benefit of all rights and easements now apputenant thereto and particularly, but without limitation, the right of way between said parcel and Laconia Street as aforesaid. All trees upon said land and buildings and structures affixed thereto are included in this taking. We award the damages sustained by persons in their property by reason of the taking made as follows: William Francis Ash and Muriel G. Ash, husband and wife, 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 there- of. 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 Lincaln P. Cole, Jr. Otis S. Brown, Jr. Norman J. Richards Levi G. Burnell Majority of the board of Selectmen r tc Mr. Legro referred to the modification of the lease pertaining to the property at the rear of 1733 -- Massachusetts Avenue. He recalled that a request had been received to have a part of C-1 released from the terms of the lease which the owner had a right to Modification do within thirty days notice . He said it also in- of lease volved a part of C-2, and the modification is to re- lease twenty-one feet. He reported that he, Mr . Carroll and Minot, DeBlois & Maddison were in agreement . Upon motion duly made and seconded, it was voted to authorize Mr. Legro to proceed with the modification of the lease pertaining to the property at the rear of 1733 Massachusetts Avenue . The Chairman read a letter from the Planning Board reporting that an executed instrument had been received in which George S. Apostolu and Evelyn E . Pappaylion grant the Town the option to purchase their undivided Exercise of two-thirds interest in the Apostolu estate land situ- Option ated on Moreland Avenue . This land comprises part of a school site recommended for acquisition at the Annual Town Meeting this year. Upon motion duly made and seconded, it was voted to exercise the option as follows : (Selectmen's Files-Planning Board) COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS . TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 15th day of October, 1962, it is Order of ,_ ORDERED:- Whereas by vote duly adopted by a Town Taking 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 authorized on behalf of the Town of Lexington to purchase, take by eminent domain or otherwise acquire for school, play- ground and other public purposes, the land hereinafter described and an appropriation of money was made therefor. NOW, THEREFORE, 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 provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926, and Chapter 79 of the General flaws of Massachusetts, and all acts ih amendment thereof and in addition thereto, 577 and of any and every other power and autaority 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, school and playground purposes a parcel of land situated on Moreland Avenue in Lexington, consisting of lots 115 through 130, inclusive, as shown on plan entitled "East Lexington Farms, East Lexington, Middlesex County, Mass. Owned by J. W. Wilbur", dated November 10, 1913, A. L. Eliot, Civil Engineer, recorded in Middlesex South District Registry of Deeds in Plan Boob 219 as Plan No. 1h2, together with the fee to the middle line of that part of said Moreland Avenue on which the above lots abut, and also another parcel of land situated on said Moreland Avenue in Lexington, con- sisting of lots 156, 157, 158 and 159 as shown on Plan entitled "East Lexington Estates East Lexington, Mass . Owned by J. W. Wilbur", dated November 21, 1913, A. L. Eliot, Civil Engineer, recorded in said Deeds in Plan Book 219 as Plan No. 41, together with the fee to the middle line of that part of said Moreland Avenue on which the above lots abut . Said land is taken with the benefit of all rights and easements now appurtenant thereto. 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: George J. Apostolu, the sum of One Dollar Evelyn E. Pappaylion, the sum of One Dollar Nicholas J. Apostolu, 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 LiXINGTON By /s/ Alan G. Adams Lincoln P . Cole, Jr. Otis S. Brown, Jr. Norman J. Richards Majority of the Board of Selectmen 578 r- 3>a COMMONWEALTH OF MASSACHUSETTS Middlesex,ss . October 15, 1962 Then personally appeared the above named Alan G. Adams, Otis S. Brown, Jr. , 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/ Donald E. Legro Notary Public My commission expires March 1, 1963 The Chairman read a letter from B. M. Keith, Jr. , 138 Burlington Street, relative to a sewer betterment assessment in the amount of $606.20. Mr. Carroll presented a plan entitled "Plan of Sewer Easement of Burlington Street" dated September 11, 1961, and indicated the location of the sewer . He B. M. Keith reported that Mr. Keith was told there would be no bet- sewer bet- terments assessed on his property from the taking but terment he was not told there would be no betterment for the construction of the sewer in Burlington Street . He suggested that, if the Board decided to abate the bet- terment , it should be on the condition that there would be a release of all damages. Mr. Legro was instructed to reply to Mr. Keith' s letter. The Chairman read a letter from Raytheon confirm- ing conversation with Mr.Carroll that Raytheon will agree to grant the Town an easement from the end of the existing 12" water main through its property to the intersection of Shade and Weston Streets . A copy of the letter was given to Mr. Legro. The Chairmanzead a letter from Oscar W. Carlson requesting the extension of the sanitary sewer to Sewer service lot #1, Grant Street . Mr . Carroll presented a plan entitled "Plan of Proposed Sewer in Grant Street" , dated October 204 1961, and indicated where the existing sewer ends. He ret ported that Mr. Carlson understand s that funds ar•e not available to make the extension this year. It was agreed to include the request in the list of sewer installations and extensions in the 1963 budget . 579 The Chairman read a letter from James H. McManus, of Brewster' s, Inc., opposing openings entering the parking area that have been recommended by Mr. Carroll. Mr. Carroll presented a plan of the building and Brewster ' s indicated an opening forty feet wide . He said at the parking area present time vehicles can drive across any place. He reported that, in accordance with the Board' s policy, he proposed to put in granite curbing. He said the area has been paved but he told Brewster' s before the work was done not to have it paved. A representative came in to see Mr. Carroll, at which time it was explained what was to be done insofar as the curbing was concerned. Mr. Carroll was told that the contractor would contact him, which he never did. He recommended that the Town control the openings. It was the opinion of the Board that granite curb- ing should be installed to prevent traffic from going through the intersection. Request from Mr . Kaufman, 111. Larchmont Lane and Mr. Coccoluto, 8 Larchmont Lane, to have the bank in front of their properties cut down and "Slow-Children" Traffic signs erected was referred toMr. Carroll. control The Clerk was instructed to advise Messrs. Kaufman and Coccoluto that the communication had been referred to the Superintendent of Public Works . Letter was received from Eliot N. Eames, on behalf of Grace Chapel, requesting permission to connect a surface drain line into the existing drainage culvert which now runs under Worthen Road. Mr. Carroll reported that the church is having difficulty with drainage and he did not think the Town drain would suffer any if the church was permitted to connect at its own expense, with the provisions that a plan is submitted and the details worked out with him. The Board had no objection. Petition was received for the construction of Winter Street, starting at Rangeway and finished section to the proposed turnabout . Mr. Carroll submitted a plan entitled "Plan of Petition for Winter Street", October 5, 1962, which he explained construction was one the Planning Board had been working on and of Winter St. that Board thinks this road should be a dead end. He said he was not sure that he agreed with the Planning Board. He said that laying out public ways is a function of the Board of Selectmen. The Chairman suggested, and the Board agreed, to ask the Planning Board for an opinion. 580 r �-C tt The Clerk was instructed to acknowledge .the peti tion and advise that the subject had been referred to the Planning Board. Messrs. Legro and Carroll retired at 8:45 P.M. Mr. Evans of the Charles M. Evans & Associates, met with the Board. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on a matter which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation Executive of any person . Session It was agreed that for the present, the report submitted this evening to the members of the Board should not be distributed to any other department or individual. A tentative date, October 19, was set for another meeting with Mr. Evans . Mr. Evans retired at 9:00 P.M. Upon motion duly made and seconded, it was voted to resume the open meeting. Mr. Seymour Handman and six other individuals, representing the Burnham Farms Association , met with the Board to find out what the Town is doing relative to the proposed location of Route 3 and what effect it Route 3 will have on their particular area. Mr. Richards reviewed the subject in detail and following a question and answer period, the group re- tired at 10:05 P.M. Letter was received from Mr. Carroll, a copy of which was sent to the Board, relative to repair and renewal of sewer services . Upon motion duly made and seconded, it was voted to adopt the following policy regarding repair or re- newal of sewer services: 1. ) A useful life of 25 years should be established on all sewer services . 2. ) The owner of the property should pay for the repair or renewal of a sewer ser- vice on the basis of the ratio of the actual life of the sewer service to the useful life of 25 years . i .e. In the case pointed out above at 36 Cary Avenue where the service was eleven years old, the owner would pay 11/25 of the actual repair cost or renewal cost . 581 At 10:2)! P.M. , the Planning Board met with the Selectmen to discuss the proposed widening of Route 2 as seen by_ the Boards last Thursday at the Department of Public works. Route 2 The discussion centered around the location of the proposed service road between Spring and Waltham Streets. The question was raised as to whether or not the service road should remain in the location shown on the plan prepared by the State Department of Public works, or located parallel to and northerly of the frontage road, or located contiguous with the northerly side line of Route 2 as relocated. Both Boards were polled and the majority agreed on the location contiguous with the northerly side line of Route 2 as relocated. The Planning Board retired at 10:55 P.M. Letter was received fromLawrence D. Freeman, 11 Loring Road, relative to safety precautions for Worthen Road. Mr. Richards said that there is only one source of funds and that would be transfer to put a policewoman at the end of Worthen Road and Waltham Street and Worthen Road and Massachusetts Avenue. Then there is the question of seeking out employees and he thought something should be done. He suggested that the Board request sufficient funds to carry through to the end of the school year. The Board felt that until such time Worthen Road as the question of traffic lights is solved, police pro- Policewoman tection should be provided. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $2,000 from the Reserve Fund to the Police De- partment - Personal Services Account which will enable the Board to appoint two additional policewomen to be assigned to either end of Worthen Road from now until the close of the school year in June, 1963. Petition was received relative to traffic conditions in the area of Stimson Avenue, Welch Road and School Traffic Street. It was agreed to refer the petition to the Traffic Study Committee. Mr. Carroll retired at 11:00 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen ' s Meeting held Meeting on October 2, 1962. I_„ I r The Chairman reported that he had discussed pro- I I visional appointment cf police officers with Chief Rycroft who expressed the opinion that there is no Police object in keeping the provisional appointment requi- sition open. The Chairman was authorized to advise the Division of Civil Service that the Board does not intend to make any provisional appointments at this tine. Declaration was received from a group of tax- payers relative to the recent appraisal of all real estate property made by Cole-Layer-Trumble. Taxpayers The Chairman was authorized to acknowledge the declaration , advise that this is the first one sub- mitted to the Board, and also advise that the Select- men cannot give the Board of Assessors a directive and nothing can be done legally by the Board of Selectmen. Letter was received from Mr. Irwin, Building Building Inspector, relative to the Institute for Municipal Inspector Building Officials of New England tc be held at the Institute University of Connecticut, November 26-29, 1962. The Board had no objection to Mr. Irwin ' s at- tending. Further consideration was given to Mr. Charles Luca' s request, on behalf of his son, for permission to sell Sunday newspapers in front of St . Brigid' s church. Permit Mr. Richards reported his conversation with Monsignore Casey and upon motion duly made and seconded, it was voted to deny the request . Letter was received from the Board of Fire Commissioners advising that the Board agrees with Chief Belcastro that the Town should continue with the maximum of 12,000 gallons for the underground Gasoline storage of gasoline. storage Upon motion duly made and seconded, it was voted to deny the application of Gulf Oil Corporation for a license to store 18,000 gallons of gasoline at the station, 324 Marrett .Road. Mr. George Pisiello's offer of 33,000 for tax Tax title title lots 630-634, inclusive, on Freemont Street was held over. Letter was received from Sylvester Kaufman, repre- senting the owner of lots 42, 43, 23 and 24, Block 43, Earl Street, offering to settle for $250 for the lots taken as part of the refuse disposal site . 583 Upon motionduly made an seconded, it was voted Tax title to authorize Mr . Legro to settle the claim for 8250 . lots The Chairman read a letter from Mr . Gordon E. Steele, of the School Sites Committee, requesting a progress report on the acquisition of three school School sites sites voted at the last Town Meeting . The Clerk was instructed to request Mr. Legro to reply to the School Sites Committee' s inquiry. Upon motion duly made and seconded, it was voted to appoint Shirley D. Bayle to the Town Celebrations Ai:pointment Committee for an unexpired term ending April 30, 1964, to fill the vacancy caused by Mrs . Fernbergerts resig- nation. Upon motion duly made and seconded, it was voted to grant the following Taxi Driver Licenses: Licenses Glenn H. Moulton; Albert Temperley, Jeffrey Merrick Paul J. Sullivan . Upon motion duly made and seconded, it was voted to have the polls open for the State Election on State Elect- November 6, at 7:00 A.M. ion It was agreed to invite Mr. Dukakis and Mr. Gleeson applicants for the position of Executive Secretary, to meet with the Board next Monday night . The meeting adjourned at 11:25 P.M. A true record, Attest : Executive/Clerk( Selectmen