HomeMy WebLinkAbout1961-02-13-BOS-min 351
111 SELECTMEN'S MEETING
February 13, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building , on
Monday, February 13, 1961, at 7:30 P.M. Chairman Morey,
Messrs . Adams, Ferguson, dnd Cole were present . Mr.
Stevens, Town Counsel, Mr. Carroll, Superintendent of
Public Works , and the Executive Clerk were also present .
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held
on February 6, 1961.
Mr. Stevens reminded the Board that at the Special
Town Meeting held in September, the Board was authorized
under Article 5, to acquire a parcel of land on Mi&dleby
Road, the Crandall land. He stated that he had drawn a
deed and submitted it to Mr. Lynch, attorney for Mr.
Crandall. He indicated the parcel on a plan and explained
that the article in the warrant was to release an easement
and he traced the easement on the plan. He stated that
the Town would retain a sewer easement for a distance of
twenty-five feet. He said the Town is paying $3,000.00
for Lot B and in addition, Lot A will be released. Crandall
Upon motion duly made anki seconded, it was voted land
to pay $3,000.00 for Lot B situated on Middleby Road as
shown on plan entitled "Plan of Land Lexington, Mass .",
dated June 25, 1960, Albert A. Miller and Wilbur C .
Nylander, Civil Engineers and Surveyors; the acquisition
of said parcel having been authorized„by vote of Town
Meeting on September 26, 1960 under Article 5.
Mr. Ferguson asked if the Board had voted to release
the easement or if this was something new.
Mr. Stevens replied that it was discussed but he did
not think it was voted. He said the only vote now is to
pay $3,000.00 for Lot B as the article will release it.
He said he discussed this some time ago with Mr. Lynch
and reported to the Board.
Mr. Adams said it was mentioned at the time the
article was discussed.
Mr. Stevens stated that now the easement is not
needed except for the sewer. He explained that the
easement was for all public purposes, including sewer,
water and drain.
Mr. Stevens discussed informally the Hagerty pro- Hagerty
perty at 6 Lincoln Street relative to smoke damage, rent, House
and an appraisal.
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Mr. Stevens reported that the bill on the use of
Bill re the Scott land went through the House and was read
Scott land in the Senate today. He said it should be on for a
second reading tomorrow and should be in the Governor' s
Office Thursday or Friday.
Mr. Stevens reported that the bill on the sale of
water to the Air Force was sent to Ways and Means. He
Bill re sale said he has been trying to get it out because it should
of water not be there . He thought it would be cleared up this
week and should reach the Governor' s desk some time
next week.
The Chairman referred to a letter, dated February
6, 1961, received from Mr. Richard F. Herzog, with
reference to land on Whipple Hill and stated that she
Herzog land wanted to find out how the Planning Board felt about
Whipple Hill it . She read a letter from the Planning Board stating
that the Board is unanimously in favor of accepting
Mr. Herzog' s proposal as contained in his letter .
Mr. Stevens pointed out that Mr. Herzog should
understand that if his proposal is accepted, the Board
will accept on behalf of the Town a deed from him. He
said he assumed, without trying to bind the Town forever,
that the seventy-foot strip will remain there and if
future Boards feel they must have additional land, they
should not be blocked by any condition Mr . Herzog may
make .
The Chairman asked if the Board could accept a deed
from him of a certain portion of the land exclusive of
the seventy feet.
Mr. Stevens said according to the letter, Mr. Herzog
wants to keep this strip permanently. He said the Town
should not foreclose itself from ever acquiring that
seventy-foot strip.
The Chairman reported that Mr . Mabee , of the Plan-
ning Board, thinks this is what the Board wants but he
feels that Mr. Herzog should be recompensed for it . He
thinks the Town should accept a deed for everything but
the seventy-foot strip and pay for it .
Mr. Stevens asked how the Selectmen felt about pay-
ing Mr. Herzog.
Mr. Ferguson said that he has offered to donate it
and the Board should accept it by paying $1.00.
Mr. Stevens stated that it should be explained to
Mr. Herzog that the Board would be willing to take the
deed to the land exclusive of the seventy-foot strip,
but without in any way binding the Town, and that if
some time in the future, the Town might want to acquire
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it, it could do so . He stated that thepresent Board
of Selectmen should not bind future Town Meetings.
It was agreed to have Mr. Stevens contact Mr.
Herzog to make certain that he understands the situ-
ation.
Mr. Stevens and Mr. Carroll agreed to attend a
meeting at the County Commissioners ' Office on Friday,
February 17, at 10: 30 A.M. , relative to laying out of
a public way the way from Edison Way to land of the Hearing
Town recently purchased from the Boston and Maine
Railroad, to be used for a municipal off-street parking
area, crossing the tracks of the Boston and Maine Rail-
road at grade .
Mr. Stevens explained to the Board that if there
is going to be crossing protection, it will have to
be paid for by the Town. He said he phought the Board
might want protection anyway.
Mr. Stevens stated that he thought this was the
proper time to extend the time of the termination of
the Water Service Contract with the Air Force until
May 1, 1961. Air Force
Upon motion duly made and seconded, it was voted Contract
to extend the time of termination of the Water Service
Contract No. AF 19 (604.) - 781 with the Air Force until
May 1, 1961.
Mr.Stevens reported that he had discussed the
garbage contract with Mr. William Potter who thinks
the price will be really up and does not think there
will be very many people bid on it. ERK,said he talked
to the individuals who had the bonds when Roketenetz Garbage
and Collins had the contract, in an effort to determine Contract
whether or not a three-year bond would be written. He
explained the advantage to the Town on a three-year
contract is it does not have to go out for bid each
year . He read proposed changes as recommended by Mr .
Carroll and the Board had no objection.
It was agreed to open bids on Friday, March 3,
1961 in the Selectmen's Room, at 4:00 P.M.
The Board went over every article in the Warrant
with Mr. Stevens, and upon motion duly made and seconded, Warrant
it was voted to sign the Warrant for the Annual Election
March 6, 1961 and the Town Meeting on March 20, 1961.
Mr. Carroll brought up the proposed layout of Oxford Oxford
Street, and upon motion duly made and seconded, it was Street
voted to lay the street out the entire length.
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The Chairman mentioned that Mr. Adams had recom-
mended,
ecom mended, and the Board agreed, that an article should
Article be included in the Warrant amending the General By Laws
so as to prevent any person from depositing snow on any
street or sidewalk which has been plowed.
Mr. Stevens explained what the possible disadvantages
might be, but it was voted to insert an article in the
Warrant for the Annual Town Meeting in March.
Mr. Stevens and Mr . Carroll retired at 9:15 P.M.
The Appropriation Committee ' s By-Law meeting with
the Selectmen, Chairman of the Board of Assessors,
Chairman of the School Committee , and Chairman of the
Cemetery Commissioners, was held and adjourned at
10:10 P.M.
Letter was received from the Stanley Hill Post, #38,
Invitation American Legion, inviting a representative from the
Board to attend the Post' s annual Washington's Birthday
banquet on February 22 at the Post Quarters, 3 Fletcher
Avenue .
Mr. Adams agreed to represent the Board.
Mr. J hn Carroll r turned to the meeting.
He resorted on the situation relative to the slope
easements on Lowell Street as follows:
He talked to Mr. Legro, attorney for the Church
of Christ, and told him that the Board would go along
Slope with the stipulation the church made that the Town •
easements should move the fill, but the Town would insist on a
2 to 1 slope . He thought the church would go along
with that but he has not contacted Mr. Carroll yet.
Mr. Carroll wrote Mr. Coblyn two letterseand
Mrs . Coblyn called last week and advised that she had
forwarded the mail to the owner of the property. She
said she thought they would be in agreement. Mr.
Carrell said it is his opinion that the Town should
make a taking.
The Byrons will grant the easement on the Town' s
terms . Mr. Carroll will discuss this with Mr. Stevens
during the week.
The Chairman read a letter from Louis Bills re-
questing deferment of a sewer betterment assessment in
the amount of *450.82 levied against lot D, Hancock
Street.
Betterment Mr. Carroll presented a plan of the property and
Assessment explained that Lot D is a buildable house lot and not
farm land. I
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Upon motion duly made and seconded, it was voted
to deny Mr. Bills ' request for deferment.
Mr. Carroll referred to the Land Damage Agreement,
received from the State relative to a parcel 52. He Land
said that he had an appraisal submitted by Mr. Berglund Damage
of the Baskin playground and the parcel involved ac- agreement
cording to the appraisal would be approximately $600.
No action was taken and the matter was held over .
Upon motion duly made and seconded, it was voted
to sign an order of sewer taking for the construction of Sewer Order
a sewer in Winthrop Road from the existing sewer 210
feet, more or less, westerly.
Letter was received from the Board of Health req:.:est-
ing an additional appropriation of $500 for the Visiting Budget
Nurse Association, the per patient visit having increased
from $1.42 per visit to $2.50 per visit.
It was agreed to increase the appropriation as
requested.
Notice was received from the County Commissioners
that the Town' s assessment for maintenance, operation, Assessment
and repair to the Middlesex County Sanatorium for the
1 year 1960 is $23,834.39.
The Chairman called the Board' s attention to an
editorial re House Bill 62, filed by the Department
of Public Health, providing for a gradual consolidation, Bill 62
as well as for other improvements in TB care . It was
agreed to write Representative Brox advising that the
Board is in favor of supporting the bill if it means
marked economy.
Letter was received from Arthur F. Douglass,
Secretary of the Lexington Science and Engineering
Scholarship Fund Committee, relative to the fund-raising Fund
dinner to be held in Cary Hall on February 23, 1961 at dinner
7;30 .The Chairman will represent the Board.
Memo from Mr. Irwin re elevator inspections was
noted and placed on file .
Letter was received from Mrs . Francis J. Coyne ,
294A Bedford Street, relative to the houses on the Snow
right of way and snow removal . Removal
Mr. Adams said he thought the street should be
accepted.
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Upon motion duly made and seconded, it was voted
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to postpone taking action on the vote of the Board
instructing the Superintendent of Public Works to dis-
continue the practice of plowing the driveway until
Snow May 1, 1961. Mrs . Coyne would then have an opportunity
Removal to make arrangements to have the right of way laid out
and accepted as a town way or have it plowed by a
private contractor .
Mr. Ferguson wished to be recorded in opposition.
Mr. Adams again brought up the subject of the side-
walk and traffic on Waltham Street where the building is
being constructed opposite the entrance to the municipal
Traffic parking area.
It was agreed to call the matter to the attention of
the Building Inspector in an effort to determine whether
or not any violations relative to the permits issued are
existing.
The meeting adjourned at 10:20 P.M.
A true record, , Attest :
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