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HomeMy WebLinkAbout1961-01-16-BOS-min 300 172 SELECTMEN'S MEETING January 16, 1961 A regular meeting of the Board of Selectman was held in the Selectmen' s Room, Town Office Building, on Monday, JanuEry 16, 1961,, at 7:30 P.M. Chairman Morey, Messrs. Adams, Ferguson, Cole , and Richards were present . Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meetings held on January 7, 1961 and January 9, 1961. The Chairman reported that she took the liberty of telling Mr. Carroll, Superintendent of Public Works, after asking what items he had for the agenda,*because he had been working on snow removal since 1:00 P.M. * not to come in this evening, Mr. Stevens presented a taking order for acqui- sition of the McCormack-Brun land as shown on a plan entitled I3 Plan Of Recreatipn Area Lexington, Mass .", McCormack- dated January 9, 1961, John J. Carroll, Town Engineer. 111 Brun land Upon motion duly made and seconded, it was voted to make the taking and adopt the Order in the follow- ing form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. At a meeting of the Board of the Board of Selectmen of the Town of Lexington held this 16th day of Januw y, 1961 it is ORDERED: WHEREAS, by vote duly adopted by a Town Meeting duly called, warned and held on the 26th day of =- September, 1960, the Selectmen were authorized on behalf of the Town of Lexington to purchase , take by eminent domain or otherwise acquire for playground and recreational purposes 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 pro- 207 visions 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 in the name and on behalf of the Town of Lexington for sewer, water, drain, playground and recreational purposes, the following parcel of land situated in said Lexington and bounded and described as follows: EASTERLY by Lowell Street, one hundred five and 00/100 (105.00) feet; SOUTHWESTERLY by land now or formerly of Joseph A. and Lena Wolfson,, by a curved line , thirty-nine and 27/100 (39.27) feet; SOUTHERLY by said land of Wolfson and by land of the Town of Lexington, two hundred eighty and 00/100 (280.00) feet; WESTERLY by said land of the Town of Lexington, fifteen and 00/100 (15.00) feet; SOUTHERLY by said land of the Town of Lexington, AGAIN two hundred ninety-six and 97/100 (296.97) feet; SOUTHEAS'ri*RLY by said land of the Town of Lexington, ninety-three and 26/100 (93.26) feet; SOUTHWES1:.tSitLY by land now or formerly of Paul J. AGAIN McCormack and Albert C . Brun, five hundred fifty-three and 77/100 (553.77) feet; NORTHWESMNLY by land now or formerly of said McCormack and Brun, six hundred ten and 00/100 (610.00) feet; NORTHEASTERLY by land now or formerly of Joseph G. and Dorothy A. Unis, eight and 00/100 (8.00) feet; NORTHWESTERLY by said land of Unis, one hundred twenty- AGAIN five and 00/100 (125.00) feet; NORTHEASTERLY by Lowell Street, twelve and 00/100 AGAIN (12 .00) feet; 308 y SOUTHEASTERLY by land now or formerly of Wallace E. AGAIN and Edith B. Rockwell, one hundred twenty-five and 00/100 (125.00) feet; NORTHEASTERLY by land of said Rockwell, by land now AGAIN or formerly of Joseph Edward and Kathleen M. Foley and by land now or formerly of Luther J. and Dorothy E. Reed, three hundred and 00/100 (300.00) feet; SOUTHEASt LY by land now or formerly of Warren R. and AGAIN Charlotte B. Guild, one hundred thirty- MIA. 00/100 100.00Tieti EASTERLY ky. raid. 1a*latvIt 'eAMOLild, by ' hr'!e it b' AGAIN ea it , reg ativel oone 'hundr d thirty- e 00/100 (133 .00) feet, one hundred NORTHERLY by said land of Guild and by land now or formerly of Fred F. and Mary Cardini, two hundred fifty-five and 00/100 (255.00) feet . Said parcel contains eight acres, more or less, and is shown on a plan entitled "Plan Of Recreation Area Lexington, Mass.", dated January 9, 1961, John J. Carroll, Town Engineer, to be recorded herewith. Said land is taken subject to the Town of Lexington's perpetual easement for all purposes of public travel in, - over and through the portion of said parcel shown on said. plan and marked "Lot A Travel Easement", which easement was acquired by the Town by a taking by eminent domain made by order of the board of Selectmen, dated September 17, 1951 and recorded in Middlesex South District Registry of Deeds, Book 7800, Page 27, and confirmed by deed to said Town from John L. Kelly, et als, as trustees of Kelchester Realty Trust, dated September 20, 1951, reco;ded in said Deeds, Book 7803, Page 28. All trees upon said land and buildings and structures affixed thereto are included in the taking . We award the damges sustained by persons in their property by reason of the taking hereby made as follows: To Paul J. McCormack and Albert C . Brun, the sum of One Dollar ($1.00) . *sixty-five and 39/100 (165 .39) feet, and thirty and 00/100 (30.00) feet; and 809 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 not 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/ Ruth Morey Alan G. Adams Lincoln P. Cole , Jr. Norman J. Richards Gardner C . Ferguson Being a Majority of the Board of Salectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . January 16, 1961 Then personally appeared the above named Ruth Morey, Alan G. Adams , Lincoln P. Cole , Jr. , Gardner C . Ferguson and Norman J. Richards, known to ane 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 Notary Public My commission expires:September 16, 1961 Mr. Stevens reported that Mr. Bertram Gerson, d.b.a. the D & 0 Box Co. was in court this morning, fined $20 Zoning and took an appeal. violation 1 31 CD ow Notice was received from the Land Court relative Palladino to petition of Alexander Palladino for the registration land regis- of a certain parcel of land . tered Mr. Stevens agreed to look into the matter and see what rights the Town has . Mr. Stevens retired at 7:55 P.M. Report of George W. Forten, Dog Officer, fbr the months of October, November, and December, 1960, was read by the Chairman and placed on file. The Chairman read a letter from the State Depart- ment of Public Works relative to an Agreement for the improvement of Concord Avenue , Chapter 90. The Chairman reported that the 1959 Annual Town Meeting appropriated $36,000 for Chapter 90 work and the State approved $34,000 which was for Concord Avenue, from Waltham Street, down Concord Avenue, toward Concord. Chapter 90 If the attached Agreement is signed, the Board will be accepting this designation. Mr. Adams sgggested "holding the subject over until the Superintendent of Public Works was present but the Chairman explained that she had discussed it with him. Mr . Richards said that he personally would be in favor of signing the Agreement and stated that the other section would not be constructed until the water main has been installed. Upon motion duly made and seconded, it was voted to sign the Memorandum of Agreement as presented. An offer of $100 or $150 for lot 196 Circle Road, received from George A. Sinkevieh, South Boston, was held over from the last meeting . Tax title The Board viewed a plan of the lots, and follow- ing a discussion, it was voted to advise Mr. Sinkevich that the Board is not prepared to sell the lot at the present time for the offer submitted. An offer of $1900 each for lots 59 and 60 Ivan Street, received from Leonard J. Colwel1,- 36 North Tax title Hancock Street, was held over from the last meeting. Upon motion duly made and seconded, it was voted to advise Mr. Colwell that his offer is inadequate . Upon motion duly made and seconded, it was voted - to grant a Taxi Driver License (renewal) to Howard E. Fogg, 181j.7 Massachusetts Avenue , Lexington. 311 A list of complaints received by the Building Inspector for the month of December was noted and Complaints placed on file . An invitation to attend the Installation of Officers, January 21, 1961, was received from Adjutant William P. Brenchick, Lexington Detachment of the Invitation Marine Corps League . Due to previous commitments, it will not be possible for the Board to accept the invitation. The Capital Expenditures Committee met with the Board and discussed proposed capital outlay items Capital included in the 1961 budgets until 10:10 P.M. , at Outlay Comm. which time the members of the Committee retired. Mr. Cob was requested to obtain information from Mr. Burrell, Director of Civil Defense , relative to an item of $30,000 for an alarm system mentioned by the Capital Expenditures Committee . It was agreed to advise Mr . Snow, Planning Director, that the Board must have a time table insofar as Worthen Worthen Road extension and construction is concerned. Road A special meeting of the Board will be held on Thursday, January 26, 1961. Mr. Converse Hill be Meeting invited to attend to discuss distribution of commission on the Town' s insurance . A tentative date of Saturday, January 28, was set for another Special Meeting. Meeting Budgets will be discussed with Mr. John Carroll Budgets on Monday, January 23, 1961. The meeting adjourned at 11:10 P.M. A true record, Attest: ee td iveClerk,( Select n 1