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HomeMy WebLinkAbout1961-04-10-BOS-min 435 SEIEC TMGN'S MEETING April 10, 1961 A regular meeting of the Board of Selectmen was held_in the Selectmen' s Room, Town Office Building, on M nday, April 10, 1961, at 7:30 P.M. Chairman Morey, Messrs . Adams, Cole , and Richards were present. Mr . Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also pre- ' sent . Mr. Ferguson arrived at the meeting at 8:47 P.M. A request was received from Keith Phinney, Director of Music in Bedford, for permission to borrow the re- viewing stands for a music festival to be held on May 6. Reviewing The Chairman said she thought men from the Public Stands Works Department shouldbe employed, if possible , and paid time and a half. Upon motion duly made and seconded, it was voted to advise Mr. Pinnfry to contact Mr. Carroll. - I Mr, Stevens referred to the vote of the Board accepting the offer submitted by Mrs. Alice Hagerty and stated tht it is now in order for the Board to Hagerty sign the acceptance . offer The instrument accepting Mrs. Hagerty' s offer was signed and taken by Mr. Stevens . Mr. Stevens referred to the first taking made last July for the Minute Man Highlands sewer, and advised that the attorney for Leonard, owner of the lot on the corner of Peacock Farm Road and Watertown Offer of Street, wrote last August and requested the Board settlement to make an offer of settlement for damages . He said he delayed presenting it for action waiting to bee how the work developed . He said this is only a ten foot permanent easement and then there is a construction easement thirty feet wide beyond it . He advised that the Board is supposed to make an offer within a period of nine months . He discussed it with Mr. Reenstierna, who made appraisals all along that line , and based on conversation with him, recommended that the Board make an offer of $100. Upon motion duly made and seconded, it was voted to offer to settle Mr. Leonard's claim for damages for $100. 436 rl Upon motion duly made and seconded, it was voted to sign an Order of Taking for the pole lines on Morgan and Jean Roads 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 on the 10th day of April, 1961, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 6, 1961, namely at an adjourned session there- of duly held on March 27, 1961, it was unanimously "VOTED: That the Selectmen be and thy hereby are authorized to purchase , take by eminent domain or otherwise acquire the rights and easements to erect and maintain poles and wires in Jean Road and Morgan Road from the intersection of those roads to land of the Town abutting on Morgan Road for the purpose of bringing electric power and communication wires to the civil defense radio transmitter situated on said Town land, and to raise and appropriate the sum of $100.00 for such acquisition." NOW, THEREFORE, we, the undersigned, being a majority of the Board of SSlectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 79 and of Section 11 of Chapter IO of the General Laws, and all acts in amend- ment thereof and in 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, erect and maintain thereon poles and wires for carrying and transmit- ting electric power and intelligence in the whole of Morgan Road, as shown on plan hereinafter mentioned, and in Ghat part of Jean Road as shown on said plan, that lies southerly of an extension easterly of the northerly side line of said Morgan Road; said Morgan Road and Jean Road being shown on plan entitled "Bernard McCaffrey Estate Lexington, Mass .", dated July 1938, E. N. Montague , Civil Engineer, recorded in Middlesex South District Registry of Deeds as plan No. 641 of 1938, Book 6228 End; and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said Morgan Road add of said part of Jean Road. , 437 111The rights and easements hereby taken include the right to cut and remove any trees or shrubs situated within said ways that interfere with the exercise of such rights and easements . Said rights and easements are taken subject to such rights of travel in and passage over said Morgan Road and said part of Jean Road as may now or hereafter exist and shall be exercised in such manner as not to interfere un- reasonably with such rights of travel and passage . 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 to be understood that such land or interest is owned by an owner or owners unknown to us: Lots as shown Owner on aforesaid plan Ruth Vincent Ready 13, 14, 15 and 16 Carroll E. Dolan and Anastasia G. Dolan, husband and wife 17 No 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 10th day of April, 1961. /s/ Ruth Morey Lincoln P. Cole, Jr. Alan G. Adams Norman J. Richards Majority of the Board of Selectmen COMMONWEALTH OF MASSACHCJSTTS Middlesex, ss . April 10, 1961 Then personally appeared the above named Ruth Morey, Alan G. Adams, Lincoln P. Cole, Jr. and Norman J. Richards, known to me to be the duly elected, qualified andacting Selectmen of the Town of Lexington, and severally acknowledged the foregoing to be their free act and deed, before me, /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 1964 438 Mr. Stevens advised that he had a certificate of entry to sign on Burlington Street on the relocation Burlington of the street. He reported that Mr. Reenstierna had Street looked at the properties for the slope easements only, appraisals so inasmuch as he has done part of the work, it would be well for him to continue and make the appraisals for damages . The Chairman read a letter from Mark E. Gallagher, Jr. , attorney for McCormack and Brun, requesting an of- McCormack, fer of the amount the Board is willing to pay as a pay- Brun claim ment pro tanto for the taking by the town of property owned by them. A, copy of the communication was sent to Mr. Stevens . Mr.Stevens read a letter to Mr. John Carroll from Mr. Spiris in reference to a pond, now on Town land, at the rear of the Harrington School. Mr. Carroll presented a plan of the entire area and stated that there is no way to drain the pond. He said it was hoped, if McCormack developed the subdivision, to tie into the drainage system hewould have to supply. He stated that the School Department writes him continually that the pond is a hazard. Pond rear of The Chairman said nothing could be done at the moment Harrington and suggested discussing the subject with the Planning School Board. Mr. Carroll suggested that the Board look at the pond. Mr. Stevens retired at 8:12 P.M. Mr. Carroll reported, relative to the sewer for C . C . & F. , that he talked to two representatives from the State Department of Public Works and asked if the Town could request to have the sewer put in and they could see no problems with it. He was given a set of construction plans, and requested to return them in two weeks, showing on the plans any request for new C .C . & F. utilities the Board wants to put under Route 128. Sewer Mr. Carroll said he would like to bring that plan to the Board next week and go over all the recommendations he will make and then talk to C .C . & F. the following week. He reported that there is a hydrant just beyond Route 128 which is the end of the Town' s present water main. He talked to Mr. Shepard of C . C . & F. and asked if they were interested in Town water and he said they were . He explained this would mean an extension of ap- proximately 800 feet. When Mr. Carroll asked about payment, Mr. Shepard stated he could not speak for the company but it had to have water. 439 Mr. Carroll informed the Board that on April 24 traffic will be detoured from Watertown Street through Pleasant Street and he suggested inserting a notice in Traffic the paper for the next two weeks . He has discussed detour the detour with State representatives, the Chief of Police , Whitman & Howard' s engineer, and an engineer working for the M.D.C . Letter was received from Mrs. Marilyn Briggs, Clerk of the Hancock Congregational Church, requesting the Town to consider repairing and resurfacing the sidewalk on Massachusetts Avenue from Clarke Street to Forest Sidewalk Street . It was agreed to hold this over until next Monday, at which time the Board will consider all sidewalk re- questssi The Chairman said that there should be a sidewalk and curbing at the Pilgrim Congregational Church on Coolidge Avenue . At 8:22 P.M. , Mr. Frank Heaney, representative of Fay, Spofford & Thorndike , Inc . , met with the Board to discuss the Refuse Collection and Disposal Study. Refuse Study Mr. Richards recommended that borings be taken on Site No.10. Mr. Carroll reported that he had talked to Mr. Stevens about clearing the Town' s title to the lots who advised that a taking by eminent domain could be made, and implied that both parcels could be taken at the same time . Mr. Richards suggested that the Board decide what it is going to do, the area needed and then take that . He said there should be a conference with the people whose property will be taken and an effort made to work something out with them and then follow it up by a request for money. The Chairman stated that the Board will be asked how much this will cost . Mr. Richards said if the Board decides what area it is going to take and confers with the people , it will have some idea of the land. Mr: Carroll said he assumed the Board would want to make a taking of all the Meagherville property in site No. 10 and possibly in site No. 8. Mr. Richards said that was correct, and his thinking is that the Town would take all of it . He said there are a few lots not owned by the Town. The Chairman stated that C . C . & F. Would like to be told where the Board thinks it would like to go. 4 ® Mr. Richards said he thought the Board should talk to them. The Chairman suggested that Mr. Carroll talk:: to C . C . & F. and report back to the Board. Mr. Carroll said he thought they should meet with the Board. The Chairman said it seemed that a preliminary discussion with Mr. Carroll about C . C . & F. needs and the Town's need for access would head it up so that when they meet with the Board, a decision could be made quickly. Mr. Richards said he thought the Board should go into a preliminary discussion with a firm idea of what the Board has in mind. Mr. Carroll asked if C . C . & F. had gone into the problem of money and the Chairman replied in the negative . Mr. Richards said these people have a definite idea on money and the sooner the Board talks to them, the better. The Chairman said that as a matter of thinking, first it is the decision that the Board is going ahead on this proposition. Mr. Heaney said that 300 copies of the Dedham report had been made up for $150 and Lexington' s report would have to beedited and cut down to some- thing of the same nature . Mr. Richards said he could see no object in mailing the reports out, and suggested that the avail- able copies of the report be at the office for anyone wanting to come in and read it . Mr. Heaney stated that the Board is entitled to twelve more copies . Mr. Richards said those could be distributed to the Boards. He stated that from this report the Board will have to make the decisions and determine what it is going to cost. He said it is not finalized enough to put out. Mr. Adams agreed and said this is a guide ; .once a decision has been made of what is to be presented to Town Meeting, it could be distributed. It was agreed not to distribute the report but to makeit public and let it be known that the Selectmen have decided to have an article in the warrant to take that Meagherville area by eminent domain. Mr. Heaney retired at 9:15 P.M. The Chairman said that any access should be opposite Maguire Road and that the Board could dis- cuss this the same time it is discussing the water main. Mr. Carroll suggested that the Board wait at 441 111 least until next Monday night when he would bring in plans of the widening of Route 128 . He said the Board could write C . C . & F. a letter and make an appointment for them to meet with the Board in two weeks . Mr. Adams suggested, and it was agreed, that Mr . Carroll should have a preliminary discussion with C .C . & F. The Chairman read a letter from Joseph P. Mogan asking if Fair Oaks Drive could be reconsidered this .year for acceptance at an early Town Meeting. Mr. Carroll stated that this street was included in his budget this year but only 56% of the owners signed and the estimated cost was $36,000 for about Fair Oaks 1200 feet . Drive The Chairman said the people should petition for next year and attempt to obtain a higher percentage of signatures . Mr. Richards said this street, together with Middle Street and Winthrop Road, should be accepted because there will always be a group of people op- posed to the acceptance . Letter was received from the Mystic Disposal Corp. of Medford, offering incineration facilities for refuse and garbage for a twenty-year period at the rate of $4.25 per ton. The Chairman read a letter from Alan S. Hodges, Chairman of the Pollen Hill Estates Association, asking that the area be put on top of the list for sewer installation after the trunk line is put in within the next year or so. Sewers Mr. Carroll advised that the earliest possible date the line would be available to this area is 1963. Upon motion duly made and seconded, it was voted to grant petitions and sign orders for j/o pole lo- cations, all approved by Mr. Carroll, on the following Pole streets: locations Chadbourne Road, southerly from a point approximately approximately 1251 south of Concord Avenue , -- Eight poles . Graham Road, southwesterly side, southeasterly from a point approximately 125 feet southeast of Burlington woStreet, s Two poles . 442 kalaw Graham Road, northeasterly from a point approximately approximately 5 feet northeast of Whittier Road, -- Four poles . Moreland Avenue , northwesterly side, opposite Davis Road, -- One pole . Appletree Lane, westerly side, approximately 150 feet south of Peartree Drive , -- One pole - guy wire and anchor. Appletree Lane, easterly side, approximately 50 feet north of Blodgett Road, -- One pole . Fulton Road, northerly side , easterly from a point approximately 35 feet east of Lowell Street, -- Four poles . Childs Road, southeasterly side, northeasterly from a point approximately 105 feet northeast of Cedar Street, -- Eight poles - guy wire and anchor on first pole . Childs Road, northwesterly side , northeasterly from a point approximately 30 feet northeast of Diana Lane , -- Three poles - guy wire and anchor on third pole . Diana Lane, southwesterly side, northwesterly from a point approximately 25 feet northwest of Childs Road, -- Seven poles . Hastings Road, northeasterly side, approximately 25 feet southeast of Childs Road, -- One pole . Hastings Road, southwesterly side, southeasterly from a point approximately 150 feet southeast of Ch.lds Road, -- Six poles . Mr. Carroll retired at 9:40 P.M. The Chairman read a letter from Ronald F. Lee, Regional Director, National Park Service , advising that certificates have been signed officially desig- nating the Buckman Tavern and the Lexington Green as 443 Registered National Historic Landmarks . Mr. Edwin Small of Boston, would present the two certificates to the Board at some appropriate occasion if the Board so desired. Historic It was suggested that the certificates be pre- Landmarks sented April 19 following the D.A.R. ceremonies and that the Town Celebrations Committee be advised. Letter was received from Mr. Snow relative to a National Science Park program for the Landscape Ex- change Problems . The Chairman agreed to report toy:the• Board on the letter next meeting. A copy of letter from the Assessors to the Ap- propriation Committee, requesting $1300 additional for personal services, was received. Officer Forten' s report as Dog Officer was re- ceived for the months of January, February, and March. Dog Officer The Chairman read a letter from Mrs . Rich,re- questing abatement of a list of ambulance charges. Mr. Ferguson suggested that the list be given Ambulance to a collector. bills Upon motion duly made and seconded, it was voted that the list prepared by Mrs. Rich' and dated April 5, 1961, totalling $628.00 be abated. Messrs . Cole and Ferguson were opposed. Upon motion duly made and seconded, it was voted to approve Surety Bond #821819 in the amount of $1,000 Bond on behalf of Kenneth M. Cox as Constable . Letter was received from Mr. Irwin, Building Inspector, listing complaints received for the month Complaints of March and the action taken. Upon motion duly made and seconded, it was voted Package to request the Package Goods Stores to remain closed Goods Stores on Patriots ' Day, April 19. Mr. Cole reported that he had received a tele- phone call from Mr. Hanson complaining about Mahoney Complaint Bros . The, Clerk was instructed to report the call to Mr . Irwin. Letter was received from Frederick D. Wells, Jr. , Ion behalf of the Junior Chamber of Commerce , request- 44 . ., CD" ism CTD Stand ing permission to operate a refreshment stand in the drive of Cary Memorial Library that exits on Massachu- setts Avenue . The Chairman explained that the organization had used the same location last year and she reported that Stand she had called Mrs . Marek, of the Library Trustees, on " the subject. Upon motion duly made and seconded, it was voted to grant the request . Letter was received from William P. Brenchick, Jr. , on behalf of the Marine Corps League , requesting per- mission to operate a refreshment stand on Dr. Mooney' s , Stand parking lot at 1145 Massachusetts Avenue on April 19. Inasmuch as this is private property, the Board has no authority to grant the requested permission, but it had no objection to the operating of the stand. Application was received from Joseph Trani, Incorporated, for a transfer of its all alcoholic beverage license as a Package Goods store from 1757 License Massachusetts Avenue to 1775 Massachusetts Avenue . Upon motion duly made and seconded, it was voted to publish a notice of the application in the Lexing- ton Minute-man on April 13, 1961 . Upon motion duly made and seconded, it was voted to renew the following licenses : Chester R. Holt Peddler Renewal Licenses Kenneth Blodgett Sunday Sales " Village Variety " It " Concord Hill Grocery " " Hancock Market " " " Upon motion duly made and seconded, it was voted Dump Permits to grant the following Yearly Dump permits : Joseph Tringali Somerset Street Medford Paul Wilson Pines Road Billerica Mead Bros . Tree Serv. Sunset Road Bedford The Chairman reported that she had contacted Mr. Lombard, Chairman of the Board of Futile Welfare , and Board of he advised that Mr. Sellars does not want to continue Public to serve on that Board. Welfare Mr. Adams suggested that a representative from the L.V.N.A. be appointed and the names of Robert Trask and Clifford Castle were mentioned. The Chairman 445 agreed to find out whether or not one of these indi- viduals would accept appointment . Upon motion duly made and secondee, it was voted to re-appoint the following individuals to serve on the Memorial Day and Veteranst Day Committee for terms expirifg May 1, 1962: Memorial Day andVeterans ' Maurice D. Healy George E. Foster Day Comm. Jerome F. Garrity Charles E. Parks Lawrence E. Stone Upon motion duly made and seconded, it was voted to re-appoint Officer George W. Forten Dog Officer for a term expiring May 1, 1962. Dog Officers It was also voted to appoint Dr. Howard A. Smith Second Dog Officer on a temporary basis to replace Mr. LaRose who is hospitalized. The meeting adjourned at 11:10 P.M. A true record, Attest: • ecui vek,(_ Select„ n