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HomeMy WebLinkAbout1962-10-29-BOS-minSELECTMEN'S MEETING October 29, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 29, 1962, at 7:30 P.M. Chairman Adams, Messrs. Cole, Burnell and Brown were present. Mr. Riehards,arrived at 8:1.5 P.M. Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, and .Miss Murray, Executive Clerk, were also present. At 7:30 P.M., Messrs. Howard and Parks, of the Town Celebrations Committee, met with the Board rela- tive to plans for the 250th celebration proposed for 1963. Mr. Howard said he thought the committee had actually made a great stride forward in determining it is possible to have an article in the warrant for the next Special Town Meeting. He said he had also April 19, made some review of the program and feels that it 1963 will be possible to "farm out" all phases of the cele- bration to Town organizations with the exception of the musical drama. He explained that because of the cost, he does not feel with any degree of assurance that the committee will be able to find an organization or group that would be capable or willing to underwrite the amount involved. He stated that prior to putting these figures together, they had studied the budget for the drama and worked it down from $6,000 to $14.,500. He said the problem now is to get advice on how to get an article in the warrant, and if, when the deadline arrives for the submission of the article, the committee does not have a sponsor for the drama or any other phase of the proposed program, what action should be taken. Mr. Legro advised that if tickets are sold for the drama, the receipts would have to go into the Town treasury. Mr. Howard said if the committee does not have a sponsor for the drama, the question arises, is this phase of the program eliminated or does the committee ask for the additional sum as part of the appropriation and give these features to the Town free, without tickets. The Chairman explained that the articles Com® out several weeks before Town Meeting and the figures are prepared after the warrant is out. 2 Mr. Parks asked if the Appropriation Committee in- cluded a figure, and the Chairman replied that the committee does in its own report, but no figures appear in the warrant. The Chairman suggested that Mr. Howard discuss the program with the Appropriation Committee. He ex- plained that the January Town Meeting has not been set. It was thought it would be the last Monday in January, but it depends on the Standing School Build- ing Committee. Messrs. Howard and Parks retired at 7:55 P.M. - Mr. Legro stated that he had prepared an Order of Taking for slope easements on Grove Street in con- nection with the sidewalk construction. He explained that there are four owners, betterments are to be as - Grove Street sassed and no damages are to be awarded. sideralk Mr. Richard H. King, 170 Grove Street, met with the Board. Mr. Carroll presented a plan and indicated Mr. Kingts property. He explained that there are two trees, a 24" pine and an oak standing on separate,. knolls, both posted for removal. He reported that Mr.King is opposed to removal of the trees, and submitted a letter from Mr. and Mrs. King to the Board. Mr. King said his is the only lot on Grove Street that has any kind of a bluff, and the elimination of these trees would take away the distinctive feature of the lot and would make a big difference to his living there. He stated he had talked with his neighbors and they would not object to saving these trees. Mr. Carroll said that both trees should be re- moved. He said the policy for some time has been to keep sidewalks as straight as possible and in his opinion, these two trees are definitely on Town pro- perty, mounted on a knoll and standing on a pile of dirt. The Chairman said Mr. King wanted the sidewalk located closer to the street to save the trees and Mr. Carroll felt from an engineering point of view theproposed location of the sidewalk should not be changed. At least two members of the Board wanted an op- portunity to inspedt the trees before arriving at a decision. Mn. King retired at 8:15 P.M. Upon motion duly made and seconded, it was voted to adopt an Order of Taking for slope easements on Grove Street in the following form: 3 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 29th day of October, 1962, it is ORDERED: Whereas the Selectmen are the board of officers authorized to take land by eminent domain under Chapter 79 of the General Laws in connection with the laying out, widen- ing, altering or relocating of a public way in Lexington, and Whereas the Selectmen have determined that it is neces- sary to construct slopes in certain land hereinafter described abutting on Grove Street in Lexington in order to protect the land within the location of said public way, NOW, THEREFORE, 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 Section 32B of Chapter 82 of the General Laws, of the provisions of Chapter 79 of the General Laws, and all acts in amendment therof and 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 enter upon, remove, deposit, slope, bank and maintain upon the parcels of land hereinafter described situated on Grove Street in Lexington whatever material, filling or support may be deemed necessary for the protection of the sidewalk to be constructed within the location of said public way; said parcels of land being bounded and described as follows: Parcel One A strip of land situated on the westerly side of said•Grove Street and extending along a portion of the frontage of Lot 1, said strip commencing at a point in the curved line at the junction of said Grove Street and Eldred Street and extending northerly along the frontage of Lot 1 a distance of 10L1.feet, more or less; said strip being of varying widths and having a maximum width of 5 feet, more or less, in Lot 1; all as shown and marked "Slope ''asement" on a plan entitled "Plan of Slope Easements Grove St. Lexington Mass.", dated October 1, 1962, John J. Carroll, Town Engineer, to be recorded herewith, and a copy of which is annexed hereto. PARCEL Two A strip of land situated on the westerly side of said Grove Street and extending along a portion of the frontage of said Lot 1, said strip commencing at a point in the westerly boundary line of said Grove Street at the northErly end of Parcel One above described and extending northerly along the frontage of said Lot 1 a distance of ]43 feet, more or less; said strip being of varying widths and having a maximum width of 9 feet,more or less, in said Lot 1; all as shown and marked "Slope Easement" on the aforesaid plan. Parcel Three A strip of land situated on the westerly side of said Grove Street and extending along a portion of the frontage of Lot 8, said strip commencing at the southerly boundary line of a 201 Sewer Easement, as shown on the aforesaid plan, and extending northerly along the frontage of Lot 8 a distance of 114 feet, more or less; said strip being of varying widths and having a maximum width of 9 feet, more or less, in Lot 8; all as shown and marked "Slope Easement" on the aforesaid plan. Parcel Four A strip of land situated on the westerly side of said Grove Street and extending along a portion of the frontage of Lot 15 and along the entire frontage of Lot 2, said strip commencing at a point in the westerly boundaryline of Grove Street which point is northerly of and 2 feet, more or less, distant from the southwesterly boundary line of Lot 15, thence extending northerly along the frontage of Lot 15 a distance of 88 feet, more or less, to the commmn boundary line between Lot 15 and Lot 2, and thence extending along the entire frontage of Lot 2 to the common boundary line between Lot 2 and Lot 3; said strip being of varying widths and having a maximum width of 11 feet, more or less, in Lot 15, and minimum width of 10 feet, more or less, and a maximum width of 16 feet, more or less, in Lot 2; all as shown and marked "Slope Easement" on the aforesaid plan. Parcel Fivesaid A strip of land situated on the westerly side of/Grove Street and extending along the entire frontage of Lot 3, said strip being of varying widths and having a maximum width of 11 feet, more or less, in Lot 3; all as shown and marked "Slope Easement" on the aforesaid plan. Said rights and easements in the above described parcels of land are taken without interference with or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. 4r wrCoo 1 On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and per- forms any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the surface of the premises in reasonably as good condition as when the entry was made. Any trees upon the land included within the above de- scribed strips of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to be owned by the following named persons, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is th:be understood that such land or interest is owned by an owner or owners unknown to us: UNREGISTERED LAND Lots as indicated Owner on Aforesaid Plan Parcel One Lawrence H. Witherell Lot 1 Parcel Two Lawrence H. Witherell Lot 1 Owner REGISTERED LAND Lots as Indi- Certificate cated on Afore- of said Plan Title Parcel Three Karl W. Ahlstrand,Jr. and Joan P. Ahlstrand, husband and wife Lot 8 91511 Book Page 587 161 Parcel Four Richard H. King and Marjorie R. King, husband and wife Lot 15 10/515 652 165 Harold C. Smith Lot 2 91656 588 106 +C Lots as In- Certificate dicated on of Owner Aforesaid Plan Title Book Page Parcel Five Edwin R. MacKechnie Lot 3 109291 676 141 Betterments are to be assessed for this improvement. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this 29th day of October, 1962. /s/ Alan G. Adams Lincoln P. Cole, Jr. Otis S. Brown, Jr. Levi G. Burnell Norman J. Richards Majority of the Board Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. of October 29, 1962 Then personally appeared Alan G. Adams, Otis Levi G. Burnell, Lincoln P. Cole, Jr., and Norman known to me to be a majority of the duly elected, and acting Selectmen of theTown of Lexington, and the foregoing instrument to be their free act and free act and deed of theTown of Lexington, before /s/ Donald E. Legro Notary Public My commission expires March 1, 1963 S. Brown, Jr., J. Richards, qualified acknowledged deed and the me iND &r Mr. Legro referred to the agreement, signed last week by the Board, relative to acquisition of the Ash property located on Laconia Street and explained that, because of a delay, it would be necessary to extend the Ash time to November 1, 1962. Agreement Upon motion duly made and seconded, it was voted to extend the time of the Agreement to November 1, 1962. Mr. Carroll explained that slope easements had been taken on Concord Avenue, and referred to the Monarch Monarch property at 321. He reported that the intention was to release - construct a stonewall along the top of the masonry wall, Concord Ave. but Mrs. Monarch did not want it and said they do not use their front door. She would prefer to have a walk from the side porch to the driveway. She also questioned removal of some shrubs. Mr. Carroll suggested that, if planting is considered, it be done in exchange for a release of all damages. The Board agreed, Mr. Legro to prepare the necessary release. Mr. Carroll referred to the construction of the Socony Mobile Oil Company building, 269 Bedford Street, and reported that the contractor took down two Town trees without having them posted. He read a letter from Mr. Mazerall, Tree Warden, stating that one tree was a 12" Trees Silver Maple on Harding Road and the other was an 18" Norway Maple on North Hancock Street. Apparently the contractor was unaware of the fact that the trees should have been posted. Mr. Carroll asked what action the Board wanted to take, and the Chairman replied that he did not think the matter should be ignored. Mr.Cole suggested that the contractor be requested to replace the trees. It was agr.ed to have Mr. Carroll discuss the re- placement of the trees with the contractor before taking anyr.action . Notice was received from the Massachusetts Select- men.+s Association, relative tofiling new legislation Sunday for 1963 to simplify the "Sunday Entertainment Laws". Entertainment The Chairman suggested that Mr. Legro discuss the Laws subject with the Chief of Police, and the Clerk was instructed to send Mr. Legro a copy of the communi- cation. Mr. Oscar Carlson, owner of lots 55 and 57 Moreland Avenue, met with the Board. He said he was told that the School Sites Committee had acquired land ou Moreland Avenue and Mr. Snow informed him that it la intended to continue Moreland Avenue. He explained that he had planned to build on lots 55 and 57, but if a taking is to be made, he would not proceed with his plans. The Chairman stated he presumed it was voted to take the lots, and as far as he knew, there was no change in the plan. Mr. Carlson said he values the lots at $3500. The Chairman said the Board would have an answer for him and Mr. Carlson retired at 8:35 P.M. Mr. Richard Tringale, 124 Winter Street, Mr. Nicholas Coletta, 131 Winter Street, and Mr. Cram; 120 Winter Street, met with the Board. Mr. Carroll presented a plan and indicated the deadend portion of Winter Street. He explained that these individuals were trying to obtain enough signatures for the Board to consider accepting the street. He stated that Mr.Coletta's estimated betterment is $3,251.40 and he feels he cannot sign for this amount. The Chairman stated that on oe rasions where the Board felt the betterment was more than the benefit to the property, an abatement could be put through, but he explained that the present Board could not com- mit a future Board. Mr. Richards suggested that the parcel in question be treated as a corner lot. Mr. Carroll said the betterment,' figured on a corner lot, would be $2160. Mr. Richards explained that no abatement could be voted on a betterment that has not been assessed. Mr. Richards said this particular betterment could be treated as a special case. Mr. Coletta said he would be willing to go along with a $1500 betterment. The Chairman said the Board would consider the subject further. The group retired at 8:55 P.M. Mr. Carroll mentioned a previous discussion rela- tive to relocating the 12" water main on Grove Street at Route 128. He reported that he had received a Relocation telephone call from the State Department of Public of Grove Works and was advised that the Bureau of Public Roads, Street the State and Federal Government, have agreed to pay water main for the relocation within the limits of Route 128 which will cost $9,000. It will cost the Town $8,000 for the relocation outside the limits of Route 128, and Mr. Carroll explained that an agreement would have to be signed with the State. The Chairman said an article could be included in the warrant for the Special Town Meeting proposed to be held in January, requesting an appropriation. Mr. Carroll recommended requesting $9,000 to make certain there would be sufficient funds. The Board approved his recommendation and agreed to include an article in the warrant for the next Special Town Meeting. Letter was received from Miss Katharine Harrington, 188t1. Massachusetts Avenue, relative to plabting at the Minute Man statue. It was agreed to acknowledge her suggestion with thanks and to advise her that no change in the planting is contemplated. Letter was received from Mrs. Janet C. Howard, 12 Cutler Farm Road, requesting that the holes in Cutler Street Farm Road and Hudson Road be filled until the two repairs streets are accepted. The streets are the responsi- bility of the abutters until accepted by Town Meeting. Letter was received from Arthur P. Bonney, 3 Burnham Road, relative to garbage collection. Garbage Mr. Carroll reported that collections have been very poor, and it was agreed to invite the contractor to meet with the Board. Planting Upon motion duly made and seconded, it was voted to exeeute.a release, prepared by Mr. Stevens, in reference to the claim for damages against Gerald Release Sinclair, operator, and Richard Foley, owner of a Ford pickup truck that struck one of the Town's 1962 carryalls on August 22, 1962. The release, in duplicate, was taken by Mr.Carroll. Upon motion duly made and seconded, it was voted to approve removal of Vo poles and abandonment of j/o Pole poles on Simonds noad, northerly side, approximately abandonment 280 feet east of Blake Road. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the follow- ing Boston Edison Pole: Pole location Worthen Road, in Center Island at inter- section of Massachusetts Avenue, One pole. 10 The Chairman read a letter from the Planning Board listing a number of streets that Board recommends for layout under the Betterment Act and acceptance at tha Street next Annual Town Meeting. acceptances The communication was referred to Mr. Carroll for a report.. Permit Request was received from the Metropolitan Build- ing Movers Co., Hyde Park, for a permit to move a dwell- ing and garage from 2982 Massachusetts Avenue to l.{. Lake Street. A bond, in the amount of $5,000, was filed with the request. Upon motion duly made and seconded, it was voted to grant a permit, subject to Mr. Carroll's approval. The Chairman stated he would like to send a letter to all departments requesting that the 1963 budgets be submitted to the Board by November 19, recognizing that Budgets the Public Works' budget will not be completed by that date. The departments are to be advised that the re- port on slaries is being considered by the Board and those figures will be made available shortly, but the expense budgets are to be submitted as requested. Mr. Burnell reported that Mrs. Totman, 16 Moreland Avenue, called him relative to the charge made to the Pre -School P.T.A. for janitor's overtime services during the eye clinic. He suggested to Mrs. Totman that she contact the School Committee to see whether or not ar- rangements could be made to hold the clinic in a school Janitor's building. fee The Chairman explained that it has been the policy in all instances to donate the use of the hall, provid- ing no admission is charged, but there must be a janitor in attendance andthere are no funds provided to pay him for private organizations. Mr. Arthur Burrell, Director of Civil Defense, met with the Board and discussed the Civil Defense program, shelters,licenses and warning system. Upon motion duly made and seconded, it was voted Civil Defense to include an article in the warrant for the Special Article Town Meeting, tentatively scheduled for January 29, 1963, to provide for the installation of and appropri- ation for a complete warning system which Mr. Burrell reported would cost $42,000, 50% to be contributed by the Federal Government. With reference to fallout shelter licenses for certain buildings, upon motion duly made and seconded it was voted to appropriate authority to sign the licenses to the Board of Fire Commissioners, who have charge of the Fire Stations; the Library Trustees, who have charge of the libraries and the Superintendent of Public Works who has charge of the Town Offices and Cary Memorial Building. Upon motion duly made and seconded, it was further voted to authorize Mr. Arthur E. Burrell, Director of Civil Defense, to accept all licenses, including those for privately owned designated fallout shelters, for the Town of Lexington. Messrs. Burrell and Legro retired at 10:20 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 22, 1962. Letter was received from the Chamber of Commerce expressing concern about the role the Town is playing in the development of and plans for the Minuteman National Historical Park. It was agreed to send a copy to the Planning Board and a copy to Mr.Nickerson requesting his comments on the subject. Upon motion duly made and seconded, it was voted to appoint Mr. Charles T. Abbott a regular member of the Board of Appeals for an unexpired term ending March 31, 1966, to fill the vacancy caused by Mr. Walter C. Ballard's resignation. At 10:40 P.M., Messrs. Grindle, Mabee and Meyer met with the Board. Mr. Grindle referred to a meeting with the Board last April and discussion relative to an assistant in preparing the design for Worthen Road, at which time a transfer of $2500 was requested. He reported that he met with the Appropriation Committee during the summer and it was implied that a transfer would be made. The Committee wanted to know if the Planning Board would pay the bill out of the $1750 appropriated, which the Planning Board did. Now the Appropriation Committee advises that the transfer was not approved, and the Planning Board is counting on the money tc complete the master plan. The Chairman said he understood the Planning Board was to pay the expenses incurred in preparing the design and a transfer would be approved. He said he would follow this through. 11 Minutes Minuteman National Historical Park. Appointment Planning Board transfer 12 Q) c. Mr. Meyer explained that all the Planning Board needs is $1750 of the $2500. The group retired. The Chairman reported that there is a Pepsi Cola trailer in operation at the athletic field and he Trailer thought the procedure was to request permission from the Board. It was agreed to write Mr. and Mrs. James Flynn, Co -Chairmen of the Concessions Committee, Lex- ington P.T.A. Association. The Chairman suggested, and the Board agreed, to Article include an article in the warrant for the next Special Town Meeting relative to revision of the General By -Laws. Upon motion duly made and seconded, it was voted Sidewalk to sign an order for the construction of a sidewalk on the westerly side of Rindge Avenue in front of lots 168, 169, 170, 171 and 172. Won motion duly made and seconded, it was voted Meeting to hold a regular meeting of the Board on Monday, November 12, 1962, at 7:30 P.M. Upon motion duly made and seconded, it was voted Appointment to appoint Mrs. Thelma Molinari, 1i Ames Avenue, a Woman Police Officer for school traffic duty. The Chairman reported that the Standing School Building Committee has the problem of relocating some of the lights on the Muzzey Street extension since that road will be moved. The Committee believes this is a proper charge against the school budget. The only question was whether an additional $2500 or $3000 should be spent to keep these lights underground at all points, and the Committee is informing the Board of its belief that this should be done. The Board agreed that the installation should be underground. TheChairman read a letter from the Board of Health (Civil Defense relative to the salary being paid to the Clerk recently Clerk employed by the Civil Defense Department. No action was taken on the matter. The meeting adjourned at 11:00 P.M. A true record, Attest: .--)V��/ 3,26i2ve erk(, Selec len