HomeMy WebLinkAbout1935-09-10SELECTMENIS MEETING - SEPT. 10, 1935.
' A regular meeting of the Board of Selectmen was held
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in the Selectments Room, Town Office Building, at 7:30
P. M. Messrs. Ferguson, Gilcreast, Lyons and Potter were
present. The Clerk was also present.
Mr. Gilcreast reported that Mr. Fred Burgess, of Free-
mont Street, had talked with him relative to purchasing the
two lots side of his house which the Town now holds title Sale of
to by reason of foreclosure. Mr. Burgess stated that he lots, Free -
would be willing to pay $20.00 for the two lots. The moht Street
Board felt that it could not accept this offer, but that
it would consider an offer of $20.00 per lot, and voted to
write Mr. Burgess to this effect.
Letter was received from the Town Clerk, to which was
attached a writ for the drawing of one juror to serve on Juror
Criminal Business at Cambridge on Monday, October 7th,
1935. Mr. Fred Bailey, retired, of 507 Waltham Street, was
the juror drawn.
Letter was received from the Stanlpy Hill Post, A. L.
inviting the Board to attend the installation of officers
on Monday evening, September 16th in the Grand Army Hall.
' The Chairman stated that he would be unable, to attend, Invitation
but the other members stated that they would attend the
installation.
Letter was received from Mr. Everett S. Emery, who has
been elected Trustee of the Winning Farm. Mr. Emery stated
that he had received a proposition regarding some work to
be done on the farm to get rid of a mosquito pest situation.
Mr. Emery had talked over the matter with Mr. Glidden who
advised him that the matter had already been considered Winning
by Mr. Trask, Mr. Howard Munroe and a Mr. Stoneman(repre- Farm
senting the Trustees), but at that time no estimates or
drawings had been prepared. The State ERA authorities
have made a survey, and the Trustees felt that a partial
completion of the work would be sufficient.. In view of
the ERA report, the Trustees are asking the authorities
of Winchester and Woburn to consider the matter.- Mr. Emery
requested that if the matter should come;,b4fore t he'Board
initially that he be advised so that he might present.it to
the Board for due consideration. No action was taken on
the matter.
Letter was received from Mr. E. C. Emery of 68 Bridge
St. which stated that the writer had been informed that
the Town intended to drain the surplus water from Farmcrest
Avenue into the ditch which passed through his land within
fifty feet of his house. Mr. Emery stated further that
he understood that McManus had leased the Partridge ice
cream plant, and that the waste from this would also drain
into the ditch. He wished the Board to advise him if any
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cess -pool, household drainage, or waste would be allowed
Emery to enter the ditch. If this were so, he stated that he
drainage would object. No action was taken on the matter.
Letter was received from Mr. S. P. Shallna, attorney
representing one Kastaneija Jesiunas, who.has purchased
a house on Lawn Avenue. Mr. Shallna stated that his client
would like to have a street light installed near her
Request for premises. The Board decided to request the Supt. of Public
street light,Works to investigate the matter and see if the Edison
Lawn Ave. Company would be willing to install the light and if so,
to advise Mr. Shallna that it would be necessary to insert
an article in the warrant for the next Town Meeting.
Rinaldo peti- Letter was received from the Town Counsel stating that
tion,regis- he referred the citation from the Land Court on the regis-
tration. tration petition of Thomas J. Rinaldo to the Town Engineer.
At 8:00 P. M. hearing was declared open upon the appli-
cation of William J. & Mary A. Armstrong for permission to
Armstrong maintain a two car garage of wooden construction at 27
garage Deming Road, Lexington. Mr. Armstrong appeared and pre -
hearing. sented plans of the garage. No persons appeared in oppo-
sition. Upon motion duly made and seconded, it was voted
to grant the permit subject to the approval of the Build-
ing Inspector.
Letter was received from the Town Counsel stating that
Agreement he saw no objection to the Board's signing the indemnity
with B.& M. agreement submitted by the B. & M. R. R. relative to using
R. R. the driveway in Depot Sq. for highway purposes. In view-'.
of this, the Board signed the agreement.
Letter was received from the B. & M. R. R. stating
that that company wished to have a representative come
before the Board to discuss making a permanent arrangement
relative to the use of its driveway for highway purposes.
The Board voted to have the B. & M. representative appear
at the next meeting.
Letter was received from the Town Accountant stating
that he had received a letter from The Home Indemnity
Company in which they made inquiry as to whether or not
their liability could be considered terminated on a bond
which they issued on July 26, 1934.and on which Harry E.
Johnson was principal, same being"the penal sum of $2,000.
Barry John- The bond referred to constituted a part of an agreement
son agree -
of Johnson with reference to constructing highway in Taft
ment. Avenue and Cherry Street.
Letter was received from the Supt. of Public Aforks
which stated that Johnson had complied with the requirements
of his bond with respect to the surfacing of Cherry Street
and Taft Avenue to a point at the top of the hill. There
is considerable more work to be done on Taft Avenue at a
point where the :Nater Department is now engaged in install-
ing water and sewer services. The Supt. recommended that
the bond be held up until additional street surfacing is
completed. Upon motion duly made and seconded, the Board
voted not to release the bond until all street work has
been completed.
Letter was received from Edward C. Malloy requesting
the Boardyto abate the back taxes on the property of his
father, Patrick Malloy, on Farmcrest Avenue. The Board
voted to turn the matter over to the Assessors and to ad-
vise Mr. Malloy that the abatement of taxes was entirely
within the jurisdiction of the Board of Assessors.
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Malloy request
for abatement
of taxes.
Miss Johanna Kennedy of 977 Mass. Ave. appeared before Johanna Kenne-
the Board and requested that she be given some kind of dy request for
employment. The Board advised Miss Kennedy that the matter employment
would be taken un with the ERA Administrator.
Letter was received from the Commissioner of Civil
Service enclosing a copy of Chapter 408 of the Acts of
1935 amending Chapter 31. This amendment states that if
the separation from service of persons in the classified -Civil
Service
service becomes necessary from lack of work because of
the season, or any temporary cause, they shall be suspended
and re-employed according to their seniority, so that
oldest employees in point of service shall be retained the
longest, and re-employed first and before new names are
certified.
Letter was received from the Town of Arlington thank-
ing the Board for the abating of the sewer assessment Letter of
charge in amount of $105.02 levied on account of the sewer
thanks
installed in Cliffe Ave.
Hairdressing license was granted to Vera V. Ross to do
Hairdressing
business at 4 Waltham Street, Lexington.
license
.Application was received from James H. McManus, Inc. to
License to
manufacture ice cream in the rear of 316 Marrett Road. The
mfgr. ice
Board decided to hold the application over for one week
cream
in order to find out how McManus intended to handle the
drainage from the plant.
The Board signed an Order of Taking by the Town of Ease-
ment for the construction of a water main in Rockville
Avenue from Swan Lane a distance of approximately 225 feet,
as follows;
ORDER OF TAKING
By the Town of Lexington of Easement for the
I
Construction of a Water Main.
Rockville Avenue
(From Swan Lane a distance of approximately 225 feet)
44 cry
WHEREAS, at a meeting duly called and held on
March 18, 1935, the town meeting of Lexington, pursuant
to an article in the warrant of the meeting for which
due notice was given duly adopted by unanimous vote the
following vote and.made an appropriation therefor;
Voted that the Selectmen be authorized to install
water mains in such accepted or unaccepted streets as
may be applied for during the year 1935, in accordance
with authority contained in the By -Laws of the Town,
subject to the assessment of betterments, and to take
by eminent domain the necessary easement therefor, and
for the purpose of said installation and construction of
water mains the following sums be appropriated and trans-
ferred from the following accounts:
Water Construction, Pleasant -Blossom Streets
and Others, $2482.83
Water Construction,-Robbins-Pineknoll Roads,
and Chase Avenue, 578.97
Water Department Available Surplus 3938.20
$7,000.00
And WHEREAS, the right of way and easement hereinafter
described and taken are necessary for the establishment
and maintenance of the said water main;
NOW,' THEREFORE, the Board of Selectmen of the Town
of Lexington, acting as a Board of Water and Sewer Com-
missioners, for and in behalf of the said town, by virtue
of the authority conferred upon them by the foregoing
vote and of every other power them thereto enabling,
hereby adopt this order of taking by eminent domain, for
the said public improvement for the purpose of construct-
ing and maintaining a water main in Rockville Avenue
from Swan Lane a distance of approximately 225 feet as
aforesaid, the following easement, namely:
The right to enter upon the land shown as Rockville
Avenue on a plan entitled, "Plan of Proposed Water Main
in Rockville Avenue, Lexington, Mass., Scale 1 in. -
40 ft., Sept. 10, 1935, Albert A. Ross, Supt., Water
Dept." and owned by Elizabeth Storer, Frank A. Keaney,
Michael Tierney, Daniel W. '-oster and Frederick H. San-
born, and construct therein a line of water main with
all necessary connections, shut -offs and appurtenances
substantially as shown on a plan of Albert A. Ross, Supt.,
Water Department, dated Sept. 10, 1935, to be recorded
herewith. The easement covered by this taking includes
the right on the part of the Selectmen of the said town
or other duly authorized agents of the town to enter upon,
dig up, open and use the land embraced within said way
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as may be reasonably necessary for the purpose of initially
' constructing and thereafter maintaining, operating, inspect-
ing, repairing and replacing from time to time the said water
main, (the said town being always bound to see that the
ground after the completion of the work in each case is
cleared of all surplus material and surface left in as smooth
and good condition as at the time of entry).'
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws. The area which it is expected will receive advantages
other than the general advantage to the community from such
improvement comprises the several lots shown upon the plan
of Albert A. Ross, Supt., Water Department, above referred
to, which are designated in the schedule hereto annexed and Rockville Ave
made a part hereof. water order
We estimate the betterments that would be assessed upon
each such parcel of land to be as shown in the said schedule.
We determine that no damages have been sustained and none
are awarded.
To have and to hold the ss'id easement to the Town of Lex-
ington, its successors and assigns, to its and their own use
and behoof forever agreeably to the provisions of the said
Chapter 79 of the General Laws and all pertinent acts in
amendment thereof or supplemental thereto.
IN WITNESS WHEREOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this tenth day of September, 1935.
Charles E. Ferguson SELECTMEN
John E. Gilereast
OF
John A. Lyons
William G. Potter LEXINGTON
Commonwealth of Massachusetts
Middlesex, ss. Sept. 10, 1935.
Then personally appeared the above named Charles E.
Ferguson, John E. Gilereast, John A. Lyons and William G.
Potter and severally acknowledged the foregoing instrument
by them subscribed to be their free act and deed and the
free act and deed of the Board of Selectmen of the Town of
' Lexington, before me,
James J. Carroll
Notary Pu c
(My term expires Yarch 8, 1938)
46 v,
y
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER. '
ROCKVILLE AVENUE
(From Swan Lane a distance of approximately 225 feet).
Owner as of Jan. 1st, 1935. Lot No. Assessment
Elizabeth Storer 43 $38.70
Frahk A. Keaney 44 54.00
Michael Tierney 45 54.00
Daniel W. Foster 74 and 75. 108.00
Frederick H. Sanborn 76 54.00
Mr. Harry Johnson appeared before the Board and stated
that he was unable to attend the hearings on his three gar-
ages held some time ago. The Board informed him that it
Harry Johnson,would be necessary for him to make out new applications
street lights and have new hearings. He stated that he woule like to
& garage hear -have street lights installed in his development, and the
ings. the Chairman advised him that it would be necessary to
insert an article in the warrant for the next TownMeeting
before the lights might be installed. Johnson has made
no written application for street lights.
The Supt. of Public Works stated that only two nark
The Supt. of Public Works stated that he received a
High School
telegram on Saturday, Sept. 7th, from Mr. T. B. Parker
PWA project
stkting::that-there:wys,some question on the labor item on
and only three men in the Highway Dept. were --John Wood,
the High School FWA project recently submitted, but other-
laborer, Wallace Weisinger and Charles Nutt, foreman and
wise the project seemed to be all right.
Town employees truck driver. The latter two have been told that they
The Supt. of Public Works stated that the traffic
Traffic
control plate on Pleasant Street on the easterly side of
light,
the Concord Turnpike was on one side of the road and the
Pleasant St.
cars did not go over it, and therefore the light did not
fires while on town time, :The Board instructed the Supt.
of Public Works to the Chief
change until someone coming in the opposite direction hit
go over matter with the of
the plate on the other side of the road. He stated that
the Fire Dept.
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he would have a blinker going at the intersection instead
of the traffic light.
Mr. Harry Johnson appeared before the Board and stated
that he was unable to attend the hearings on his three gar-
ages held some time ago. The Board informed him that it
Harry Johnson,would be necessary for him to make out new applications
street lights and have new hearings. He stated that he woule like to
& garage hear -have street lights installed in his development, and the
ings. the Chairman advised him that it would be necessary to
insert an article in the warrant for the next TownMeeting
before the lights might be installed. Johnson has made
no written application for street lights.
The Supt. of Public Works stated that only two nark
Dept. employees were call firemen--Oharles Brenton and
John Garrity. No Water Dept, employees were call firemen,
and only three men in the Highway Dept. were --John Wood,
laborer, Wallace Weisinger and Charles Nutt, foreman and
Town employees truck driver. The latter two have been told that they
as call fire- cannot attend fires while on town time, but Wood, being a
men, commol laborer, can.
jhe Board approved the action of the Supt, of the
Highway Dept. in telling his men that they could not attend
fires while on town time, :The Board instructed the Supt.
of Public Works to the Chief
,
go over matter with the of
the Fire Dept.
MIJ
' The Supt. of Public 6orks informed the Board that there
was no hydrant on Waltham Street between Marrett Road and
Kendall Road, a distance of approximately 2,000 feet, and Hydrant,Farm-
the `'u.pto of the Water Lept. recommended that a hydrant be crest Ave. &
installed at the corner of Farmcrest Avenue and Waltham Street. Waltham
Upon motion duly made and seconded, it was voted to authorize Sto
the installation of a hydrant at this point.
The Supt. of eublic Works stated that he had talked
with the Chairman in regard to painting the interior of the
Cary Memorial Building. An item of 4800. was included in
the built for this work, but due to overdrafts on some
of the other items, such as the coal and gas and light items,
that there was only about 4400. left to do the work. It
was the Supt.'s idea to postpone the job rather than ask
for Bore money for the Cary Memorial wilding Account, but
the hairman thought it better to do the work and ask the
Appropriation Committee to make a transfer later. Is is
planned to paint the main corridors, the two side corridors,
and.the room upstairs which is being used as a meeting room.
Mr. Trask has gone over the matter with Mr. E. H Mara, and
he thought that practically the whole job might be done with
the amount of money available. The Board voted to have Mr.
Mr. Gilereast spoke to the Supt. of Public Works about
the stone posts in front of the Cary Memorial Building which
are the bases for the lamps. The rust from the lamps has
dripped on the stone posts and has made them unsightly. Mr.
Trask stated that he was going to have the posts cleaned
with acid.
The }Supt. of Publi
11 t®wn department a. w
ept . was paid` from on
jthe Tbwn;CoungOe inquir
and Sever Dep . to a
paid=fPom the insurance
It -s hePe�fore shosulfdf pa
Re Boaralsd o ed th
expenses such as listed
Painting
interior of
Cary Mem.
Building
Rust on
posts,Cary
Mem.Bulld.
o Works reported that the insurance for
ith.the exception of the Water,and Sewer
e appropriation. Mr, , Trask had"written
Ing if it was proper fo the WAter Water De t.
Its own insurance, or i i should -'be p
account.- The=To*n,Counsi1,ha.d ad to pay all
pt shPuld.be a se porit' 8_d f. expensess
is own- insur�nc� fe ier tRat
at tRieo�aterrBept. sRoula include all
above in its 1936 budget.
'The Supt. of Public Works informed the Board that he
had received application from the Lexington Grange for a per- Use of
mit to use the Gary Memorial Hall on September 27th for a Cary Hall
fair, and wished to know what the Board wished to charge for
the use of the hall on that day. The fee last year was $15.
;ad the Board voted to make the same charge this year.
Mr. Trask stated that he had been unable to contact
Mr. Hunt on the question of the sidewalk in front of his
' building in Depot Square occupied by Donnellan and Fiske.
The sidewalk is below the grade of the street, and it is
up to Hunt to rebuild it as it is private property. The Sidewalk
cost of.doing the work would be approximately $50., and Mr. Depot Sq.
Trask wanted to know what action the Board wished him to
take if Hunt refused to do anything on the sidewalk. The
# E,H. Mara paint the interior of the Car Memorial Building up
to the amount of orkk that may be done or the amount of
money available, 00.
48
"
Board advised him to talk with Mr. Hunt first and see
what he would do on the matter.
'
The Supt. of Public 'Norks advised the Board that
he had gone over the matter of sprinkler leakage insurance
Sprinkler
for the Cary Memorial Building with Mr. Roger W. Greeley,
leakage ins.,
who stated that he could not see how the Town could
Cary Mem.
possibly pay more than $7,000. to replace the ceiling
Building.
even if it were completely ruined. If the whole interior
were ruined, he could not see how the Town could spend
more than 120,000. to replace it. 5% of the total in-
surance carried on the building would amount to approx-
imately $20,000., and the Board felt that 5% sprinkler
leakage insurance'would be sufficient to carry in view
of the above facts.
The Supt. of Public Works informed the Board that
Streets,
Swan Lane was filled with large sized cobble stones,
Moreland Ave.and if gravel were put on top of these, it would make
& Swan Lane
a fairly good street. Moreland Avenue, Oakland Avenue,
and the other streets in the section are in such a bad
condition that gravel would not do much good. It would
cost about $1,000. to put gravel on the whole area, and
oil would be a waste of money. To put oil and pea stone
on would cost another $600.
The Chairman suggested that Mr. Trask talk with
Mr. McIntosh and Mr. Flynn(who had been requesting that
something be done) and see what they would like to do in
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regard to the matter.
Mr. Trask stated that Mr. Ross had talked with Mr.
Pierce boiler
Harry Pierce of Farmer.est Avenue about his boiler which
collapse
had collapsed. The safety valve had no name on it, so
the manufacturer is unknown. The plumber did not re-
member whom he bought the valve of. The Supt. of the
Water Dept. had stated that the valve manufacturer had
always made good on collapsed boilers in the past. The
Board felt that it could not authorize the replacement
of the boiler under the conditions.
The Board discussed the new set of Traffic Rules
and Orders which the Supt. of Public Works submitted.
Mr. Trask stated that he had left out the streets on which
Traffic
the Town had tried to eliminate trucking, but everything
rules and
else was the same as in the previous regulations. Mr.
orders.
Potter called Mr. Trask's attention to the fact that
Section 30, "U TURNS PROHIBITED" should read; "No driver
of a vehicle shall make a "U" turn on Massachusetts Avenue
between Waltham Street and Meriam Street." Upon motion
duly made and seconded, it was voted to approve the
Traffic Rules and Orders and to submit them to the State
Department of 'Public Works, 3and to sign same. The new
,
Traffic Rules and Orders are as follows:
1
TRAFFIC RTILE
T73 & ORDERS
TOs+gild OF LEXINGTON
The following rules and orders regulating traffic upon
the streets and highways of the Town of Lexington are hereby
enacted by the Board of Selectmen of Lexington.
ARTICLE 1
DEFINITIONS
For the purpose of these rules and orders, the words
and phrases used herein shall have the following meanings
except in those instances where the context clearly indicates
a different meaning.
(a) "Street or Highway". The entire width between property
lines of every way open to the use of the public for purposes
of travel.
(b) "Roadway". That portion of a street or highway between
the regularly established 'curb lines or that part, exclusive
of shoulders, improved and intended to be used for vehicular
traffic.
' (c) "Lane". A longitudinal division of a roadway into a
strip of sufficient width to accomodate the passage of a
single line of vehicles.
(d) "Vehicle." _Every device in, upon or by which any person
or property is or may be transported or drawn upon a street
or highway, except devices moved by human power or used ex-
clusively upon stationary rails.or tracks.
(e) "Emergency Vehicle." Vehicles of the Fire Department
(Fire Patrol) police vehicles, ambulances and emergency ve-
hicles of federal, state and municipal departments or public
service corporations when the latter are responding to an
emergency in relation to the Police or Fire Departments.
(f) "Parking". The standing of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while
actually engaged ir, loading or unloading, or in obedience to
an officer or traffic signs or signals, or while making emergency
repairs or, if disabled, while arrangements are being made to
move such vehicle.
(g) "Pedestrian". Any person afoot or riding on a conveyance
moved by human power, except bicycles or tricycles.
' (h) "Sidewalk." That portion of a street or highway set aside
for pedestrian travel.
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(i) "Crosswalk". That portion of a roadway ordinarily ,
included within the prolongation or connection of curb
lines and property lines at intersections, or at any portion
or a roadway clearly indicated for pedestrian crossing
by lines on the road surface or by other markings or signs.
(j) "Railroad Crossing." Any intersection of ways with
a railroad right of way.
(k) "Traffic Control Area." Any area along any way, other
than an intersecting way, at which drivers are to be
controlled by traffic control signals.
(1) "Traffic Island:" Any"area or spac6-.set:aside,,within
a'roadway:, which is not intended, :for.:use °by vehicular _
traffic.
(m) "Safety Zone." Any area or space set aside within
a roadway for the exclusive use of pedestrians and which
has bean indicated by signs, lines or markings, having the
written approval of the Department of Public 'Yorks, Common-
wealth of Massachusetts.
(n) "Traffic." Pedestrians, ridden or herded animals,
vehicles, street cars or other conveyances either single
or together while using any street or highway for the pur -
pose of travel.
(o) "Official Traffic signs." All signs, markings and
devices, other than signals, not inconsistent -with these
rules and orders, and which conform to the standards pres-
cribed by the Department of Public Works of the Commonwealth
of Massachusetts and placed or erected by authority of a
public body or official having jurisdiction, for the purpose
of guiding', directing, warning, or regulating traffic.
(p) "Official Traffic Signals." All signals, conforming
to the standards as prescribed by the Department of Public
Works of the Commonwealth of Massachusetts,rnct_inconsistent
with these rules and orders, placed_or erected by authority
of a public body or official having jurisdiction, for the
purpose of directing or warning traffic.
(q) "Traffic Control Signal." Any device using colored
lights which conforms to the standards as prescribed by the
Department of i'ublie Works of the Commonwealth of Massachu-
setts'. whether manually, electrically or mechanically oper-
ated, by which traffic may be alternately directed to stop
and to proceed.
(r) "Officer." l'or the purpose of these rules and orders,
an officer shall be construed to mean -any officer, any
investigator, examiner oP inspector of the Registry of Motor
vehicles, any constable or special officerf provided he is
in uniform and has his badge of office displayed over his
left breast and upon his outer garment.
L
[l
51
' (s) "Bus Stop." An area in the roadway set aside for the
boarding of or alighting from and the parking of busses.
(t) "Taxicab Stands." An area in the roadway in which certain
taxicabs are required to park while waiting to be engaged.
(u) "Service Zone." An area in the roadway set aside for
the aceomodation of commercial and transient vehicular traffic.
(v) "Funeral." Any procession of mourners properly identified
as such accompanying the remains of a human body.
ARTICLE 13
AUTHORITY AND DUTIES OF POLICE AND TRAFFIC COMMISSION
SECTION 1. OFFICERS TO DIRECT TRAFFIC. It shall be the duty
of officers designated by the Chief of Police to
enforce the provisions of these rules and orders.
Such officers are hereby authorized to direct all
traffic either in person or by means of visible
or audible signal in conformance with the provisions
of these rules and orders, provided that in the
event of a fire or other emergency to expedite traffic
or' safeguard pedestrians, officers of the Police or'Fire department tiay'direct;traffic; as conditions
may require, notwithstanding the provisions of
these rules and orders.
SECTION 2, POLIUE MAY CLOSE STREETS TEMPORARILY. The Chief of
Police, when authorized by the Board of Selectmen,
may close temporarily any street or highway in an
impending or existing emergency, or for any lawful
assemblage, demonstration or procession provided
there is reasonable justification for the-el<osing',-
of`such `streets.
SECTION 3. POLICE MAY PROHIBIT PARKING TEMPORARILY. The Chief
of Police, when authorized by the Board of Selectmen,
may prohibit, temporarily, parking on any street or
highway or part thereof in an impending or existing
emergency, or for a lawful assemblage, demonstration
or procession provided there is reasonable
justification for such prohibition. Vehicles parked
in places where parking is prohibited temporarily
may be moved by or under the direction of an officer.
SECTION 4. OBEDIENCE TO POLICE. Drivers of vehicles shall
comply with any lawful or reasonable order, signal
or direction of any officer.
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SECTION $, EXEMPTIONS. The provisions of these rules and
orders shall not apply to operators actually
engaged in work upon a street or highway closed
to traldl or under construction or repair, to
officers when engaged in the performance of
public duties, nor to drivers of emergency
vehicles while operating in an emergency and in
performance of public duties when the nature of
the work of any of these necessitates a depart-
ure from any part of these rules and orders.
These exemptions shall not, however, protect the
driver of any vehicle from the consequence of a
reckless disregard of the safety of others.
SECTION 6. EMERGENCY AND EXPERIMENTAL REGULATIONS.
a For purposes of trial, the Board of Selectmen
may make temporary rules regulating traffic, or
test under actual conditions, traffic signs,
signals, markings or other devices. No such
emergency or experimental rule regulating tr-:.:
shall remain in effect for a period of time longer
then (30) thirty days.
ARTICLE III.
TRAFFIC SIGNS, SIGNALS, MARKINGS AND ZONES.
SECTION 7. TRAFFIC SIGNS AND SIGNALS.
a The Supt. of ublie Works is hereby
authorized and as to those signs and signals
required hereunder it shall be his duty, to place
and maintain or cause to be placed and maintained
all official traffic signs, signals, markings and
safety zones. All signs, signals, markings and
safety.zones shall conform to the standards as
prescribed by the Department of Public Works of
the Commonwealth of Massachusetts.
(b) Sections 14 to 19 inclusive, and Section 30
relating to parking shall be effective only
during such time as official signs are erected
and maintained in each block designating the
provisions of such sections and located so as to
be easily visible to approaching drivers.
Sufficient number of such signs must be provided
so that a car cannot be parked in a limited or
prohibited parking place without having the
legend side of such a sign, clearly setting forth
the parking regulation thereat, visible from that
location.
(8) Sections relating to one-way streets shall be
effective only during such time as a sufficient
number of official signs are erected and main-
tained at each of the exits for each one-way
street, so that at least one sign will be clearly
visible for a distance of at least seventy-five
(75) feet to drivers approaching such an exit.
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SECTION S. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS AND
MARKINGS PROHIBITED. It shall be unlawful for
any person to p ace or maintain or to display
upon or in view of any street any unofficial
sign, signal or marking which purports to be
or is an imitation of or resembles an official
traffic sign, signal or marking, or which attempts
to direct the movement of traffic or which hides
from view any official sign or signal. The Chief
of Police is hereby empowered to remove every such
prohibited sign, signal or marking or cause it to
be removed, without notice.
SECTION 9. INTERFERENCE WITH SIGNS. SIGNALS AND MARKINGS
PROTT BI TED. Any: person, who willfully defaces,
injure , moves, obstructs or interferes with
any official traffic sign, signal or marking
shall be liable to a penalty not exceeding
$20.00 for each and every offense.
SECTION 10,LOCATION OF BUS STOPS. TAXICAB STANDS AND SERVICE
SONES. Tie location of all bus stops, taxibab
stan3s and service zones shall be specified by
the Board of Selectmen and in the case of taxicab
stands the Board of Selectmen shall designate who
may use them as such.
ARTICLE IV.
PEDESTRIANS, COASTERS, RIDERS, ZONES OF QUIET.
SECTION 11. STREETS RESERVED FOR COASTING.
Ta j --On those days when conditions are suitable
for coasting, vehicular traffic is hereby
prohibited from using the following streets or
parts of streets, during such time as official
signs are erected indicating that such streets
or parts of streets are reserved for coasting.
Locust Avenue
Simonds Road
Highland Avenue
York Street.
(b) The foregoing provision shall not apply to
drivers of vehicles having business within such
reserved areas or to drivers of vehicles whose
residences are within such reserved areas.
SECTION 12. ZONES OF QUIET.
The Superintendent of Public Works may
temporarily establish a zone of quiet upon any
street where a person is seriously ill, if
requested to do so by the written statement of
at least two registered physicians certifying
to its necessity. Said temporary zone of quiet
shall embrace all territory within a radius of
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two hundred (200) feet of the building occupied
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by the person named in the reT est of said
physicians. Said temporary zones of quiet shall
be designated by the police by placing at a
'
conspicuous place in the street a sign or
marker bearing the words "Zone of Quiet".
(b) No person operating a motor vehicle within
any designated and signed zone of quiet shall
sound the horn or other warning device of said
vehicle except in an emergency.
ARTICLE V.
PARKING
SECTION 13. GffiM.AL PROHIBITIONS. No person shall park a
vehicle in any of the following places and
vehicles found parked in violation of the
provisions of this section may be moved by or
.under the direction of an officer and at the
expense of the owner to a place where parking
is permitted.
(a) Within an intersection.
(b) Upon any sidewalk.
(c) Upon any crosswalk. ,
(d) Upon the roadway in a rural or sparsely
settled district.
(e) Upon a roadway where parking is permitted
unless both wheels on the right side of the
vehicle are within 12" of the curb or edge of
the roadway, except on those streets which are
designated as one-way streets. On such one-way
streets, vehicles shall be parked in the direction
in which said vehicle is moving and with both
wheels within 12 (twelve"} inches of the curb.
This shall not apply to streets or parts of
streets where angle parking is required by these
regulations.
(f) Upon -any roadway where the parking of a
vehicle will not leave a clear and unobstrudted
lane at least ten (10) feet wide for passing
traffic.
(g) Upon any street or highway within five (5)
feet of a fire hydrant.
(h) Upon or in front of any private road or '
driveway without the consent of the owner of
said prlyate road or driveway.
(i) Upon any street or highway, within twenty
(20) feet of an intersecting way, except alleys.
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SECTION 14, PROHIBITED ON CERTAIN STREETS. Upon the following
streets or highways or parts thereof parking is
hereby prohibited;-
Bedford Street. On the easterly side from Hancock
Street to Johnson's Garage.
Bow Street. On the westerly dide from Massa-
chusetts Avenue to the Boston &
Maine Railroad.
Elm Avenue. On the southerly side from Hancock
Street to Massachusetts Avenue and on
;the northerly side from Hancock Street
to Bedford Street.
Forest Street. On the westerly side of Forest Street
from Massachusetts Avenue to a point
opposite Belfry Terrace.
Hancock Street. On the northwesterly side from
Bedford Street to the Boston & Maine
Railroad Crossing and between Hancock
Avenue and a point two hundred (200)
feet south of Hayes Avenue.
Independence Avenue. For a distance of one hundred
(100) feet westerly from Massachusetts
Avenue.
Massachusetts Avenue. On the easterly side from a
point beginning opposite the northerly
corner of Slocum Road for a distance
' of one hundred seventy (170) feet
northerly.
Massachusetts Avenue. On the westerly side from
Rowland Avenue to Hunt Road.
Meriam Street, Fftm Massachusetts Avenue to the
Boston and Maine Railroad,
Muzzey Street. On the southerly side between
Massachusetts Avenue and Forest Street.
Oak Street. From Massachusetts Avenue to
Carville Avenue.
Pleasant Street. On the southerly side from Mass-
achusetts Avenue to a point opposite
Fern Street.
SECTION 15, BUS STOPS.
a No person shall park a bus upon any street
within a business district at any place other than
a bus stop.
(b) The following locations are hereby declared to be
bus stops: -
Easterly side of Massachusetts Avenue directly
in front of the Edison Electric Illuminating Co.
store.
Easterly side of Massachusetts Avenue at the
northerly side of the southerly entrance to
' _.Depbt Park, directly in front of the taxi stand.
Easterly side of Massachusetts'Avenue about
forty feet northerly of ftbrtherly.s.ide.of'Meriam
Street.
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Westerly side of Massachusetts Avenue in
front of A. A. Marshall & Son property.
Westerly side of Massachusetts Avenue
at the southerly side of Waltham Street.
SECTION 16. TAXICAB STANDS.
a o person shall at any time park a vehicle
other than a taxicab upon any street within a
business district in any taxicab stand except
while actually engaged in loading or unloading
provided that such loading or unloading does not
exceed a period of time longer than fifteen (15)
minutes.
(b) No person shall park a taxicab upon any street
within a business district at any place other than
a taxicab stand or stands designated for the use
of his taxicab or taxicabs except while engaged,
or while waiting for an opportunity to use a
taxicab stand designated for his use.
SECTION 17. TIME LIMITED IN DESIGNATED PLACES. No person
sMll park a vehicle for longer than one hour at
any time, between the hours of nine a. m. and six
p. m. of any day except Sundays and public
holidays in the following described streets or
parts thereofs-
On the easterly side of Massachusetts Avenue
from a point in front of Trani's Fruit Store to
the southerly entrance to Depot Park and from the
northerly entrance of Depot Park to Meriam Street.
On the westerly side of Massachusetts Avenue
from Waltham Street to Clarke Street.
On the northerly side of Muzzey Street between
Massachusetts Avenue and the rear entrance to the
Lexington Trust Company.
SECTION 18. ANGLE P.AR Q.
a The Board of Selectmen shall determine upon
what streets angle parking shall be permitted and
shall dark or sign such streets or cause the same
to be marked or signed.
(b) Upon the following streets or parts of streets
which have been marked and signed for angle park-
ing, vehicles 'shall be parked with one wheel within
twelve (12 ) inches of the curb and at the angle
to the curb indicated by such marks or official
signs and each vehicle shall be entirely within
the painted lines designated for its individual use;
Easterly side of Massachusetts Avenue from the
entrance to the Master Service Station to a point
opposite Waltham Street, and from the southerly
entrance of Depot Park to Meriam Street.
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SECTION 19. LIGHTS ON PARKED CARS. In accordance with the
provisions of Chapter 90, Section 7 of the General
Laws, parking of a motor vehicle at night without
lights is hereby permitted on all well lighted
streets when and where not otherwise prohibited
by these rules and orders.
ARTICLE VI.
ADVERTISING SIGNS. TRUCKING AND PARADES.
SECTION 20. USING VEHICLE FOR SOLE PURPOSE OF DISPLAYING
AD ,.TI ING PROHIBITED. No person shall operate
or park a vehicle on any street or highway for the
sale purpose of displaying advertising signs.
SECTION 21. PARADES AND PROCESSIONS. No funeral, procession or
parade containing two undred (200) or more persons
or fifty (50) or more vehicles, excepting the forces
of the United States Army or Navy, the military
foreds of the Commonwealth of M4ssachusetts, and
the forces def the police and fire departments shall
occupy, march or proceed along any way except in
accordance with a permit issued by the chief of
police and such other regulations as are set forth
herein which may apply.
ARTICLE VII.
ONE -WAY STREETS.
SECTION 22. ONE-WAY STREETS. Upon the following streets or
parts of streets vehicular traffic shall move
only in the direction indicated below:
Depot Park from the southerly end to the northerly end,
Maple Street at Massachusetts Avenue on the northerly
side of the traffic circle in a westerly direction
and on the southerly side of the traffic circle in
an easterly direction.
Pleasant Street at Massachusetts Avenue on the
southerly side in an easterly direction and on the
northerly side in a westerly direction.
ARTICLE VIII.
OPERATION OF VEHICLES.
SECTION 23. DRIVE WITHIN MARKED LANES. When any roadway has
been divided into lanes, a driver of a vehicle
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shall drive so as to be entirely within a single
lane and shall not move from the lane in which
he is driving until he has first ascertained if
such movement can be made with safety.
SECTION 24. USE RIGHT LANE. Upon all roadways the driver of a
verilcle sha drive in the lane nearest the right
side of the roadway when said lane is available for
travel except when overtaking another vehicle or
when preparing for a left turn.
SECTION 25. OVERTAKE ONLY WHEN THERE IS A SPACE AHEAD. The
driver of a vehicle shall not overtake and pass a
vehicle proceeding in the same direction unless
there is sufficient clear space ahead on the right
side of the roadway to permit the overtaking to be
completed without impeding the safe operation of any
vehicle ahead, or without causing the driver of any
such vehicle to change his speed or alter his course
except as provided in the following section.
SECTION 26. DRIVER TO GIVE `NAY TO OVERTAKING VTFICLE. The driver
of a vehicle when about to be overtaken and passed
by another vehicle approaching from the rear shall
give way to the right when practicable in favor of
the overtaking vehicle, on suitable and audible
signal being given by the driver of the overtaking
vehicle, and shall not increase the speed of his
vehicle until completely passed by the overtaking
vehicle:.
SECTION 27. OBSTRUCTING TRAFFIC.
a o person shall -drive in such a manner as to
obstruct unnecessarily the normal movement of
traffic upon any street or highway. Officers are
hereby authorized to require any driver who fails
to comply with this section to drive to the side
of the roadway and wait until such traffic as has
been delayed has passed.
(b) No driver shall enter an intersection or a
marked crosswalk unless there is sufficient space
on the other side of the intersection or crosswglk
and on the right half of the roadway to accommodate
the vehicle he is operating without obstructing
the passage of other vehicles or pedestrians
notwithstanding any traffic control signal indication
to proceed.
SECTION 28. FOLLOWING TOO CLOSELY. The driver of a vehicle
shall not follow another vehicle more closely
than is reasonable and prudent, having due
regard to the speed of such vehicle and the
traffic upon and condition of the street or
highway.
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SECTION 29. STOPPING AND TURNING SIGNALS.
' a Any signal herein required shall be given
sufficient time in advance of the movement indi-
cated to give ample warning to any person who may
be affected by said movement, and shall be given
either by means of the hand and arm in the manner
specified, or by a suitable mechanical or elec-
trical device, except that when a vehicle is so
constructed or loaded as to prevent the hand and
arm signal from being made or from being visible
both to the front and rear, the signal shall be
given by a suitable device.
(b) Hand and arm signals, as required herein
shall be made as follows: -
1. An intention to stop shall be indicated by
extending the arm horizontally to the left of and
beyond the side of the vehicle.
2. An intention to turn to the left shall be
indicated by extending the arm horizontally to the
left of and beyond the side of the vehicle, and
by pointing to the left with the index finger.
3. An intention to turn to the right shall be
indicated by extending the arm horizontally to
the left of and beyond the sidd of -the vehicle,
and by moving the hand in a circle.
SECTION 30, U TURNS PROHIBITED. No driver of a vehicle shall
make a U turn,
On Massachusetts Avenue between Waltham Street
and Meriam Street.
SECTION 31. SOUND HORN lFl= NECESSARY. The driver of a vehicle
shall give an audible warning with his horn or
other suitable warning device whenever necessary
to insure safe operation.
SECTION 32. OBEIDIENCE TO TRAFFIC CONTROL SIGNALS. Colors and
arrow indications in traffic control signals shall
have the commands ascribed to them in this section,
and no other meanings, and every driver of a
vehicle, railway car of other conveyance shall
comply therewith, except when otherwise directed
by an officer or by a lawful traffic regulating
sign (other than a "stop " sign) signal or device
or except as provided in Section 39 (b) of these
rules and orders.
' In no case shall a driver enter or proceed through
an intersection without due regard to the safety
of other persons within the intersection regardless
of what indications may be given by traffic control
signals.
7
(a) GREEN: While the green lens is illuminated,
drivers facing the signal may proceed through
the intersection, but shall yield the right of
way to pedestrians and vehicles lawfully within
a crosswalk or the intersection at the time
such signal was exhibited. Drivers of vehicles
making a right or left turn shall yidld the
right of way to pedestrians crossing with the flow
of traffic.
(b) RIGHT, LEFT and VERTICAL GREEN ARROWS: When
a right green arrow is illuminated, drivers
facing said signal may turn right. When a left
green arrow is illuminated, drivers facing said
signal may turn left. When a vertical green
arrow is illuminated, drivers facing said signal
may go straight ahead. When a green arrow is
exhibited together with a red or a yellow lens,
drivers may enter the intersection to make the
movement permitted by the arrow, but shall yield
the right of way to vehicles and pedestrians
proceeding from another direction on a green
indication.
(c) UM: While the yellow lens is illuminated,
waiting drivers shall not proceed and any driver
approaching the intersection or a marked stop
line, shall stop at such point unless so close
to the intersection that a stop cannot be made in
safety, provided, however, that if a green
arrow is illuminated at the same time,. drivers
may enter the intersection to make the movement
permitted by such arrow.
(d) RED: While the red lens is illuminated,
drivers facing the signal shall stop outside of
the intersection, or at such point as may be
clearly marked by a sign or line, provided,
however, that if a green arrow is illuminated at
the same time, drivers may enter the intersection
to make the movement permitted by such arrow.
(e) RED AND YELLOW: While the red and yellow
lenses are illuminated together, drivers shall
not enter the intersection and during such time
the intersection shall be reserved for the
exclusive use of pedestrians.
(g) FLASHINGMIOW: A flashing 7e11ow lens Shall
indicate the presence of a hazard and.drivers may
proceed only with caution.
(12) FLASHING GREEN: A flashing green lens shall
indicate an intersection or pedestrian crosswalk
in use or subject to use by entering or crossing
it JfJ FLASHING RED: A flashin rad lens shall
t which a driver
is required by law to stop before entering.
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traffic. Drivers may proceed only with caution,
and shall be prepared to comply with a change in
the signal to a red and/or yellow indication.
' SECTION 33. OBEDIENCE T ISOLATED STOP SIGNS. Every driver of
a vehicle, railway car or other conveyance, approach-
ing An intersection of ways where there exists
facinj him an official sign, bearing the word
"stop` and authorized by this section, said sign
having apart from this regulation, the written
approval of the Department of Public Works,
Commonwealth of Massachusetts, and such approval
being in effect, shall before proceeding through
the intersection, bring such vehicle, railway car
or other conveyance to a complete stop at such
point as may be clearly marked by a sign or line,
or if a point is not so marked, then at a place
between the said "stop" sign and the nearer line
of the street intersection. In the case of a
line of two or more ve"_icles approaching such
"stop" sign, the drivers of the second and third
vehicles in line in any group shall not be required
to stop more than once before proceeding through
the intersection. This section shall not apply
when the traffic is otherwise directed by an
officer or by a lawful traffic regulating sign,
signal or device.
' In accordance with the foregoing the erection and
maintenance of an official `stop" s or signs
are authorized so as to face:
Northeastbbund drivers on Hill Street at Bedford
Street.
Southwestbound drivers on Revere Street at
Bedford Street.
East and Westbound drivers on Concord Avenue at
Waltham Street.
Westbound drivers on North Hancock Street at
Bedford Street
Northeastbound drivers on Westview Street at
Bedford Street.
North and Southbound drivers on Lowell Street
at Woburn Street.
SECTION 34. KEEP TO THE RIGHT OF ROADWAY DIVISION. Upon such
roadways as are divided by a par ay, grass plot,
reservation, viaduct, subway or by any structure
or arda, drivers shall keep to the right of such
a division except when otherwise directed by an
officer, signs, signals or markings.
SECTION 35. OPERATION AT UNDER OR OVERPASSES AND AT INTERSECTIONS
WITH ISLANDS. At any junction or crossing of ways
where the roadway grades have been separated and
where the ways are connected by ramps and at any
intersection of ways in which there are traffic
islands, drivers of vehicles shall proceed only as
indicated by official signs, signals or markings.
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SECTION 36. DRIVING ON ROAD SURFACES UNDER CONSTRUCTION OR REPAIR.
No operator shall enter upon the road surface of
any street or highway or section thereof, when,
by reason of construction, surface treatment,
maintenance or the like, or because of some
unprotected hazard, such road surface is closed
to travel, and one or more signs, lights or
signals have been erected to indicate that all
or part of the road surface of the street or high-
way is not to be used, or when so advised by an
officer, watchman, member of a street or highway
crew or employee of the town, either audibly or
by signals..
SECTION 37. NO DRIVING ON SIDEWALKS. The driver of a vehicle
shall not drive upon any sidewalk except at a
permanent or temporary driveway.
SECTION 38. FUNERALS TO BE PROPERLY IDENTIFIED. A funeral
composed entirely or poly of a procession of
vehicles shall be identified as such by means of
black pennants bearing a purple cross attached
to both the first and the last vehicles.
SECTION 39. RIGHTS AND DUTIES OF DRIVERS IN FUNERALS OR OTHER
STO _
(a) It shall be the duty of each driver.in.a
funeral or other procession to keep as near to the
right edge of the roadway as is feasible and to
follow the vehicle ahead as closely as is
practicable and safe.
(b) At an intersection where a traffic control
signal is operating, the driver of the first
vehicle in a funeral or other procession shall
be the only one required to stop for a red
and/or yellow indication.
(c) At an intersection where a lawful stop
sign exists, the driver of the dirst vehicle
in a funeral or other procession shall be the
only one required to stop before proceeding
through the intersection.
ARTICLE IX
ACCIDENT REPORTS RESPONSIBILITY AND
PE TIES.
SECTION 40, DRIVERS MUST REPORT ACCIDENTS. The driver of
any vehicle involved in an accident resulting
in the Injury or death of any person or property
damage to an aparent total extent of twenty-
five dollars (925.00) or more shall within
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twenty-four hours make a full and complete report
' in writing of such accident to the police head-
quarters in this town. A driver who has been
incapacitated as a result of such accident, and
to such extent as to make reporting impossible
or unfavorable to his recovery, shall not be
required to report such accident until he has
recovered sufficiently to be able to do so.
The report shall be made on a form furnished by
the Police department, copies of which shall be
available at the police station. Compliance
with this section, however, shall not relieve
such driver from the additional responsibility
of reporting to the Registrar of Motor Vehicles
any accident in which a person is killed or
injured.
SECTION 41. OWNER PRIMA FACIE RESPOP?SIBILE FOR VIOLATIONS.
If any vehicle is found upon any street or
highway in violation of any provisions of these
rules and orders and the identity of the driver
cannot be determined, the owner or the person
in whose name such vehicle is registered, shall
be held prima facie responsible for such violation.
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SECTION 42. PENALTY. Except as otherwise provided, any person
convicted of a violation of any provision of these
rules
shall be punished by a"'fine of not
more
than
($ ) for the first offense and
not more
than
$20.00) for each subsequent offense
of a
like
nature committed during any period
of one
year.
PASSED BY TT, -',E BOARD OF SELECTMEN
September 10th, 1935.
Charles E. Ferguson
John E. Gilcreast
John A. Lyons
William G. Potter.
The Chairman asked the Supt. of Public Works when the
traffic island at the junction of Pleasant Street and Mass. Traffic
Avenue was going to be completed. Mr. Trask stated that it Island.
would be finished as soon as he had some men available to
do the work.
Commitment in the amount of $485.74 for sewer services
' and commitment of $250.07 for water services were signed CommitmentE
by the Board.
Im
Supt. of Public Works' report for the week ending
Sept. 7th was received.
Repots.
BRA report for the week ending Sept. 5th was received.
Notice was received from WPA officials regarding
sidewalk projects. The plan is: the property owner buys
the -cement, the city furnishes the sand, gravel and
trucking, and the 17PA the labor. The property owner would
have to pay only about 7� a sq. ft. for a sidewalk. All
projects must be in before September 12th,
The Board voted to take no action on the matter.
The meeting adjourned at 9:30 P.M.
A true copy, Attest:
J
�7.erk.
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