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HomeMy WebLinkAbout1937-09-14586 x SELECTMEN'S MEETING SEPT. 14th, 1937. ' A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 6:30 P. M. Chairman Ferguson, Messrs. Potter, Clark, Giroux and Ross were present. The Clerk was'also present. The Supt. of Public Works appeared before the Board. He stated that the Town was paying a very high fee from Use of A. Ross time to time for the rental of a trailer which had to be & Son's equip- rented out of town and also had to pay for the trip to ment. Amend- Lexington and return. If the steam shovel breaks down, ment to By-law.it is necessary to hire one out of town. He said that during the coming winter, the Town would be greatly handi- capped if it was unable to hire A. Ross & Sonts large truck for snow work and for these various reasons, he would like to have an article inserted in the warrant to amend the By-laws of the town so that they would not prevent the rental of equipment for the use of the town from a member of the Board of Selectmen. Mr. Ross said that as far as he was concerned, he did not care whether the article went in or not, but Mr. Raymond had told him that he was anxious to have the By- laws amended so that A. Ross & Son equipment could be ' used. Mr. Raymond said he did not talk to the Town Counsel about it, but would do so and advise the Board. Mr. Raymond reported that William J. Haley of Bacon Street had some wells near Clematis Brook. Haley . pumps water from these wells to an overhead tank. He had a 14 inch pipe which has been in service some eight or ten years. Haley claims that following several heavy Damage to blasts, he was unable to get water and found that the Haley's water pipe was leaking in several places. He attributes the pipe. trouble to the blasts. Mr. Raymond examined the pipe with Mr. Joseph Ross and it was their opinion that the pipe was about ready to go. Mr. Raymond said, however, that it was entirely possible that the blast aggravated the worn places. He thought that the pipe might have been good for a couple of years longer. Haley put in new pipe for the entire distance at a total cost of $58.33, of which $18.00 was For labor. Mr. Raymond said that if the Town admitted that it had reduced the life of the old pipe, he thought the value was about $9.00 and he thought that if the Town paid this and gave Haley something for consideration, a settlement of 18.00 would be fair. Mr. Ross moved that the claim be settled for $18.00 and charged to the Public Works, Labor and Materials approp- ' riation, subject to the Town Counsel's approval. Mr. Giroux seconded the motion and it was so voted. 1 u Mr. Raymond reported that there was $4111,96 in the Water Dept. Available Surplus Account and $620.47 in the Water Assessment Fund. Mr. Ross informed the Board that he had received a verbal request from Father McCarthy that the overhead wires from Elm Avenue to just beyond Forest Street be put underground. He said that he had talked with Mr. Randall of the Edison Co. and had written the Telephone Company about.it and he wondered if the Board had any objection to his determining if these companies would do the work. The Board had no objection to Mr. Ross's proceeding to see what he could do. Mr. Ross said that Father McCarthy also wanted two new elegtric light poles of the concrete type with goose -necks and 600 watt lamps in front of the church. Mr. Raymond said that there was enough money in the Street Lighting appropriation to pay for the power used for these lamps. It was decided to hold the matter over until the next meeting. Mr. Raymond said that he had a number of requests to do work in front of new houses on accepted streets where there were no sidewalks and no shoulders. He received a request from John Baskin of Adams Street, Ross on Mass. Avenue and Vanderwoude on Baker Avenue, Mr. Raymond said that now when they accept a street, the Town does all the work so that it is a finished street.. That was not done on Baker Avenue. The pavement actually built varies from 17 feet to 21 feet and Mr. Vanderwoude, who paid over $500* for betterment assessments, states that the -specifications called for a 24 foot pavement. Mr. Raymond said that VanderWoude had paid enough.for a betterment street but actually did not get one and he felt that the Town should fix up the gutters and shoulders and put in a gravel sidewalk. Mr. Baskin was concerned .about the water and Mr. Raymond told him to go ahead and loam and grass his lawn and if the water washed it off, the Town.would put in a bituminous gutter. In regard to the Ross house on Mass. Avenue, Mr. Raymond thought that the gutter should be loamed and grassed. The first house has a ledge that sticks out in the sidewalk about three feet and there are probably twenty yards of ledge in the piece. To fix up the loam strip would cost about $250. Mr. Raymond said that there were a number of cases where such work had not been done but he thought that the Town should find funds somewhere to do things like this on accepted streets. Mr. Giroux moved that Mr. Raymond be authorized to do such work in each case as he deemed necessary. Mr. Potter seconded the motion, and it was so voted. nee Funds. Wires - Elm Avenue. Street Lights. Work on accepted streets. Mr. Raymond reported that he had received applica- tions from Messrs. Morse, Hynes and White on Locust Sidewalk Avenue for sidewalks. The contract price for con - works structing these three sidewalks is $350.00, exclusive of ledge, and he thought that at least $500* should be appropriated and transferred at the next town meeting. He said that this was almost an emergency as the town had to replace ,the stone dust twice this summer as it was washed away from the sidewalk. Mr. Ross moved that such an article be inserted in the warrant. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he had worked up=projects to be done in 1938 under the provisions of Chapter 90 as follows: Watertown Street, from end of present work to the Belmont Line - ;12.90000 0:- Mr. Raymond said that the street in Lexington was in a much better shape than in Belmont, but he thought that Belmont was going ahead and rebuild it next year. He thought, however, that there were other projects that were much more important. Pleasant Street, between Concord Avenue and the new Turn- pke - 0.00:- It will require a taking to provide a thirty foot pavement and a fifty foot right of way. Chapter 90 This figure includes drainage, but $2500. more will be Work. needed for a drain parallel to the Concord Turnpike to the brook. Bedford Street, from Tewksbury Street to the Railroad - This figure includes curbing, drainage and Class I pavement. Woburn Street, from Mass. Avenue to Utica Street - 425,630.00:- This includes curbing on•both sides and ,drainage in accordance with Metcalfr& Eddy's plan. Mr. Paxton thinks that Watertown'. Pleasant and Walnut Streets should be done in one year but that Bedford and Woburn Streets should be done in two years. The drainage and curbing could be put in in one year and the pavement the next year. Everything over $15,000.00 has to be done by unit price and for that reason Mr. Raymond thought that Paxtonts idea had merit. He said that he was not ready yet to make any specific recommend- ations, but he thought it would be fAir for the Town to appropriate about $30,000. for Chapter 90 work. Mr. Ross asked whether or not Mr. Raymond had given any consideration to asking for bids on any of this work, and he said that he had not and that if it was let -out for bids, the State would handle it entirely. Mr. Ross said that Belmont and Arlington laid their own drainage and set the curb and let the pavement work to a contractor. It was decided to take no action on the matter until the next meeting* lJ 1 1 ' Mr. Raymond said that he asked five dealers for bids on supplying coal to the Town Offices and Cary Memorial Building and Public Works Building, the same five dealers that gave him the bids last year. He received only one bid and that was from the Lexington Coal Company. They cannot bid on coal to be supplied in January and he supposed that -that was the reason none of the other dealers bid on it. The bid of the Lexington Coal Co. is a little higher than what was bid last year. Mr. Giroux moved that Mr. Raymond be authorized to place his order'for coal for the amount he needs and when he sees fit, Mr. Ross seconded the motion and it was so voted. 1 1 Mr, Raymond reported that there was a silver maple 24 inches in diameter right in the center of Sherburne Road on the Vine Brook Road loam strip. He suggested that it be posted for removal. Mr. Ross moved that the suggestion be carried out. Mr. Giroux seconded the motion and it was so voted. At the last meeting the Board instructed Mr. Raymond to make tests in the O'Riordan property. He was thinking of using Park Department men and the spraying device to do this, but he thought afterward that perhaps the Board wanted to have the work done with Welfare labor. He did not think that that was practicable. He said that there were no funds available for wash borings. Mr. Ross said that what he had in mind was merely to make test holes and see if there was anything that could be used for filling or could be sold. Mr. Raymond said that it would be necessary to build a road into the property before anything at all could be done. There was some question as to the exact location of the property and it was decided to do nothing further on the matter until the locus was determined exactly. Mr. Raymond reported that Mr, Custance was not in any hurry to have his bill paid for work on Follen Road as he has not even sent in the bill. Bids on coal. Tree in Sherburne Road. OtRiordan property. Follen Road, work. Mr. Raymond brought up the question of erecting Signs on signs on private streets leading off private streets. private He said he did not think it was up to the Town to do Streets this. He has had a number of requests for signs on such streets and received one today from Mr. Trebino of Dunham Street. He has refused to erect such signs and asked the Board's approval of his action. Mr. Ross moved that his action be approved and that the policy be continued. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he received a request from William Devine to put some fill in Brookside Avenue and he told Devine that the Board would probably approve ME, putting it in at $2.00 a load. Mr. Potter Request for he would not be getting into trouble doing filling Chairman said he thought the policy of not material. filling material should be continued. Mr. that Mr. Devine's request be refused. Mr, seconded the motion and it was so voted, wondered if ' this and the selling Giroux moved Potter Mr. Giroux said that the same people who wanted the "Stop" signals at Merriam Street now wanted some "Go Slow" signs at the three approaches to Mass. Avenue. Traffic Mr. Raymond said that the Town was having too many signs signs. now and the answer would be up-to-date traffic signals. The signals at Clark Street are not working and Mr. Raymond said that the signals at Waltham Street would not last the winter. The Chairman suggested that Louis Bills be requested to report to the Selectmen on the condition of the traffic signals in the center of the Town. Mr. Raymond said that he would request such a report from Bills. Letter was received f oon Treasurer advising that he had received a bid OT" a loan of X10,600. for Waltham Street which is to be constructed under Loan. Chapter 90 in anticipation of reimbursement from the State 'and County and on $5,100. for maintenance of various roads under Chapter 90 in anticipation of re- imbursement. Mr. Potter moved that the Town Treasurer be authorized to accept the bid. Mr. Ross seconded the motion and it was so voted. At 8:00 P.M. hearing was declared open on the Overly application of Charles H. Overly for permission to garage maintain a one car garage at 29 Colony Road. No hearing. persons appeared in favor or in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Building Inspector. Mr. Ross seconded the motion and it was so voted. At 8:02 P.M. hearing was dedlared open upon the Ross application of Albert A. Ross for permission to maintain garage a two car garage at 2652 Mass. Avenue. Mr. Ross being hearing. present at the meeting, presented plan of the proposed garage. No persons appeared in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. At 8:04 P.M. hearing was declared open upon the Barry application of Hazel M. Barry for permission to maintain garage a two car garage at Sherburne Road, Mr. Barry appeared hearingo and presented plan of the proposed garage. No persons appeared in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Building Inspector, Mr. Clark seconded the motion and it was so voted. 1 1 U 1 r �n At 8:06 P.M. hearing was declared open upon the application of Gustaf S. Julin for permission to main- tain a two car garage at 87 Cliffe Avenue. Mr. Julin Julin appeared and presented plan of the proposed garage. No garage persons appeared in opposition. Mr. Potter moved that hearing. the permit be granted subject to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. At 8:10 P.M. hearing was declared open before the Board of Appeals and the Board of Selectmen upon the petition of Jennie M. Partridge for permission to main- tain two underground tanks for the storage of gasoline in the capacity of 1000 gallons each on the premises at 400 Waltham Street. Chairman Maddison and Mr. Robbins and Associate Member John A. Lyons were present as members of the Board of Appeals; also Mr. Ferguson,, being a member of both Boards. Notice of the hearing before the Selectmen was read by Chairman Ferguson, and notice of the hearing before the Board of Appeals was read by Mr. Robbins. Several persons were present -at the hearing, in- cluding Mr. R. L. Ryder, counsel for the petitioner. Mr. Ryder said that he filed the application for Mrs. Partridge. The property is leased to the Morris Motors, represented by Mr. Morris Bloomberg, who has been in business for himself at this location for a little less than two years. In October 1935, the Board of Appeals granted a permit for a service station and show room at Partridge this location and it has been operated as such since that Joint time. It has been determined that the sale of gasoline Hearing. and oil is going to be necessary if Mr. Bloomberg is going to succeed and do more than pay his rent. Mr. Ryder said he thought the property was ideally located for this purpose. He thought that probably the Jenney Mfg. Co. and the Standard Oil Co. would be represented to oppose the petition. Mr. Ryder said that if the Bbard was going to give a man the privilege of conducting a garage and service station, he should be given the right to sell gasoline. He has tried to operate without it and finds that it is a great handicap to his business. The gasoline and oil he would sell would be to his own customers and people who come to have work done on their automobiles. Ryder did not think it would harm the business of the other two gasbline companies. He thought it was only proper that Mr. Bloomberg should have the privilege of selling gasoline and said that it would enable him to make a better thing of what he started out to do. Chairman Maddison stated that the permit from the Board of Appeals stated specifically that there should not be any sale of gasoline. Mr. Ryder replied that he was not at the hearing and did not know that but he thought that the business required it and he did not see why the permit was not granted before. 592 Chairman Maddison asked where:Mr. Bloomberg planned to place the pumps and Mr. Ryder presented a plan show- ' ing the proposed location. Wo other persons wished to be heard in favor. Mr. John F. Rogers of 23 Haskell Street, the lessee of the u.��} al�'l�,,? 1 s that he had been inIi�ge`athtsaio$rIire or four years. He said that he objected to t e granting of the petition because there was not enough business on the corner for another station. Mr. Rogers said that there was a pump in back of Mr. Bloomberg's garage which Mr. Partridge used and he said that Bloomberg use it and if he merely wanted the privilege of selling gasoline to take care of his own business, the pump in the rear would take care of that. He said that there were two stations at the corner now and he thought they had and would take care of the business ably. He said that When Marrettaftad was Route 2, there was a great deal of traffic going through but that the traffic had decreased greatly since the construction of the Concord Turnpike. Most of the traffic now is along Route 128, and if Bloomberg was granted this permit, his pumps would be on Route 128. Charles McDonald of 14 Grapevine Avenue said that he' had worked with Mr. Rogers as an attendant at the station and that they were not very busy. There are ten pumps on the corner now. He said he believed that at the present time Morris Motors is selling oil but he did not know about gasoline. Mr. Robert H. Eldridge of 495 Waltham Street said that he could not see how Mrs. Partridge would make any- thing by having this permit granted. He did not believe that the property was in A.1 shape now and said that from a pedestrians standpoint, the sidewalk was not very good. There are trees in front of the garage and the street is rather narrow and he thought that gasoline pumps would increase the danger to children going'to the stores at the corner. He thought that the two stations now es- tablished were sufficient 'and he said that they were kept in good condition. Mrs. Robert H. Eldridge of 495 Waltham Street said that if the pumps were put in there, the cars would have to be on the sidewalk, so-called, bedause the building was close to the street. She thought that this would be very dangerous. Chairman Maddison stated that there would be twelve feet between the property line and the pumps. Mrs. Eldridge stated that she wished to be recorded in opposition. Mr. Ryder said that the gasoline pump Rogers men- tioned was easily fifty feet from the property in question and had nothing to do with it. That pump is connected ' with the store that faces on Marrett Road and Mr. Bloom- berg does not use it. He said that therd was just one tree and that was on the exact division line between the Socony station and this property and he thought that it was dying now. The property has a frontage of approx- imately 100 feet and the pumps would be loeeted twelve feet from the line, the same distance back as those of the Standard Oil Co. Mr. Rogers said that he wished the Board to know that the Morris Motors had been given permission by the owner to use the pump in the rear and that company had had gasoline delivered to the pump. No other persons wished to speak in opposition and the hearing was declared closed at 8:30 P.M. Mr. Lyons moved that the Board of Appeals reserve its decision until the next meeting which will be held on Sept. 24th, 1937. Mr. Robbins seconded the motion and it was so voted. Mr. Giroux moved that the Selectmen reserve their decision until the Board of Appeals has acted on the petition. Mr. Ross seconded the motion and it was so voted. Mr. Robert Whitney appeared before the Board to dis- cuss insurance. He said that building costs had gone up since the appraisal and at the present time, all town buildings were under -insured. ' The Chairman asked how serious that was. He said that most of our buildings were insured for about 100% at the time of the last appraisal. Mr. Whitney replied that the buildings were insured to about 90% of the then value and they are now ten or fifteen percent lower. The Chairman asked if the only way we could find out how much we are under -insured would be by having an appraisal. Mr. Whitney replied that the Board could go by the National Appraisal Company's figures. The Chairman said that at the present time there were no funds available and asked if Mr. Whitney thought it would be serious if the matter was let go until next March. Mr. Whitney said that it might very probably be serious. The Chairman asked if contents had gone up and Mr. Whitney replied that he believed so. He suggested that the Board recognize the increase in building costs by adopting some arbitrary figure until an appropriation is available. He said that by increasing the valuation, the rates would not be increased if all valuations were increased by the same percentage. Mr. Giroux said that if valuations were in- creased proportionately, there would still be the problem of securing funds. Mr. Whitney said that building costs had increased more than 10%, It was decided to do nothing on the matter at this meeting. The Clerk was instructed to find out before I the next meeting how the Insurance appropriation stands. 593 Insurance 594 Copy of letter from the Building Inspector to the Town Counsel was read, The Building Inspector reported Brown that the property on Marrett Road occupied by Roger Brown property. was inspected on Sept, 10th and he found that Brown was not obeying the injunction as there were about twelve loads of brick stored on both sides of the garage and about 280 bags of cement stored inside the garage. Letter was received from the Secretary of the Board Funds for of Retirement advising that the sum of $1500, should be Retirement provided at the next Town Meeting for the Pension Board. Accumulation Fund and that 0250.00 should be provided to cover expenses until the annual meeting in 1938. Letter was received from the Board of Retirement advising that Robert H, White, Consulting Supt. of the White - Highway Dept., had requested to be admitted into member - Retirement. ship in the Contributory Retirement System and that the Board had admitted Mr, White. The Board also received a request from Mr. White that he be continued in service for a period of two years, The Retirement Board rdquested that the Selectmen give that Board its recommendation with regard to Mr. White being continued in service for the period requested. Letter was received from the Board of Retirement Collins - advising that John J. Collins of the Highway Department Retirement had requested that he be admitted into membership in the Contributory Retirement System. The Board admitted Mr' Collins into membership on Sept. 9th. Mr. Collins had also requested that he be continued in service for a period of two years. The Retirement Board requested that the Selectmen give that Board its recommendation with reference to Mr. Collin's request, Letter was received from the Board of Retirement Hadley - relative to Mr. Charles E. Hadley, who became age 70 Retirement. on August 24th, 1935. Mr. Hadley has signified his desire to become a member of the Retirement System and had also filed a request for continuation in service for a period of two years. His case will be decided by the Board of Retirement very soon and if it is decided that the man is eligible for membership, his request for con- tinuation in service will be referred to the Selectmen for recommendation, The Board of Retirement appeared before the Select - Discussion men. The Chairman asked what the policy of the Retirement re Retire- Board was going to be on these sort of requests. Mr, ment cases. Russell stated that there would be only these cases which were being discussed now, as those reaching age 70 after July lst, 1937 who are members of the System will have to be retired. There are only six cases which are now pending. Mr. Walker stated that it seemed to his Board that where Mr. Whitens salary is appropriated up to Dec. 31st, 595 1937, it would be proper to retire him as of that date inasmuch as he was not giving the town service. The Chairman asked if Mr. White were retired as of Dec. 310 1937 and assuming that there was enough agitation to continue him for two years, if he would be reimbursed for the difference between his pension and what he would get from direct appropriation. Mr. Walker said he thought that he would. Mr. Russell said that the Statute says that any person who is receiving a pension in a city or town shall receive no other remuneration from that city or town unless it is from a position to which he is elected by vote of the people. The Town Accountant said that the town could not appropriate a salary that would carry over December 31st, but that the Selectmen could recommend that Mr. White be retired as of some time next year, then an article could be inserted in the warrant to see if the Town was in favor of Mr. White being continued in service for the two years. It was decided to request the Supt. of Public Works to give the Board his recommendation relative to the continuance of employment of Mr. John D. Collins. It was decided to defer decision on all the cases until the next meeting. Letter was received from the Field and Garden Club requesting the use of Estabrook Hall for meetings on the Use of following dates; October 25, November 29, January 31, Hall, 1938, February 28, March 28, and April 25. Mr. Giroux moved that the use of the hall be granted on these dates free of charge. Mr. Potter seconded the motion and it was so voted. Mr. Arthur J. Wellington and the Town Counsel appeared before the Board relative to the so-called Harrington property. Mr. Wellington said that everything relative to the sale of the property had been straightened out but the brook and the strip of land adjoining the same. At the present time the Town has an easement for the purpose of cleaning out the brook and it has been suggested that it would be agreeable to the Town if it could have a Harrington conveyance of five feet from the thread of the brook and property a" discharge of any easement beyond the five foot line. He said that the matter had been submitted to the Dept. of Justice and that he had received no reply at all on it. It then had to go to the Treasury Dept. and ten days ago he received a reply and apparently that Depart- ment was agreeable but wanted to go through the formula of giving an exact description of any easement that would have to be given and a proposal containing the exact description. Mr. Wellington said that the plans of the building had been made and it was not planned to put any part of the building on the five foot strip. The width of the brook is 4.6 and they wanted to take the line five 596 �c feet from the thread. He suggested that the warrant for the next town meeting carry an article for the Selectmen to release all easements now owned by the Town on that side of the road in exchange for a strip of land for whatever width it is. Article ''he Town Counsel said that he would draw up such for an article and Mr. Giroux moved that it be included in warrant. the warrant. Mr. Ross seconded the motion and it was so voted. Mr. Wellington then_ said he had another case which he would like to discuss and that was the case of Scheibe vs. Lexington. He said that during the construction of Lincoln Street, trees were out down on Mr. Scheibe'sland and he was not consulted. Scheibe was very much upset Scheibe and there are now two or three suits growing out of the case. cutting down of these trees. Mr. Scheibe has passed away and his family wanted to get the matter straightened out. Mr. Wellington is now dealing with Scheibe's brother and widow. There is some legal expense involved, but Mr. Wellington has got the Scheibes to say that they will settle for $750.00. The Board told Mr. Wellington the matter would be discussed and he retired. Mr. Ross moved that no action be taken on the matter until the December Town Meeting. Mr. Potter ' seconded the motion and it was so voted. It was decided that the Board should think the matter over and make Scheibe a counter-offer. The Town Counsel said he would like to discuss the case of the Colonial Garage vs. the Town of Lexington. Mr. James Gleason of Winchester, a real estate' man, says the damage to the property is $9.4630.00. His way Colonial is to figure not only the value of the land, but also Garage the effect of the taking on Viano's business. He takes Suit. the land on which the garage stands as well as the land between the garage and the brook. Viano says that by reason of this taking, he is prevented from enlarging his sales and show room. Mr. Eugene Viano has said that if the Board did not want to pay him the X9,630.00 he would like to have a hearing before the Board. Mr. Wrightington suggested that an expert be hired to offer counter -testimony to Gleason's. Mr. Giroux moved that Mr. Wrightington be authorized to secure the services of an expert to testify in the case. Mr. Potter seconded the motion and it was so voted. Mr. Wrightington discussed the case of Theresa B. Cummings Cummings vs. the Town of Lexington, which case grew out case* of the deepening and widening of Brown's Brook. He said that he would tell Mrs. Cummings that the next step would be for her to have a hearing before the Selectmen. Mr. Wrightington discussed the Ryder cases and he 1 said that he went over the proposed agreement with R. L. Ryder. Mr. Wrightington presented a letter which he proposed to send to the Board, and he sent Ryder a copy of it. He had just received his reply today. The Chairman said that it was planned to submit the Drainage Report to the next Town Meeting ai3d ask for funds for the engineering. He thought that a copy of the agreement should be mailed''',to the Town Meeting Members and to ask for what money is needed at the December meeting. The Town Counsel said that right along it has been understood that Ryder would settle the cases only if the drainage project was going through. The Board discussed the matter of the purchase of the Barnes property. Mr. Potter moved that an article for the, purchase of the property be inserted in the warrant.provided Judge Northrup or some other individual requested it. Mr. Ross seconded the motion and it was so voted. Mr. Clark wished to be recorded in opposition. Letter was received from the Town Counsel relative to the unexpected incrdase in the number of claims for personal injuries due to defective streets. Attached to this letter was a copy of a letter addressed to the Chief of Police requesting that immediately after an accident, a report should be made in considdrable detail. Letter was received from the Town Counsel advising that there was nothing specific in the Building or Zoning By-laws relative to the erection of markers on the Green ' by the Lexington Historical Society. In his opinion, the Building Law is not applicable to such historical markers and there is nothing in the Zoning Laws which affect their erection because such markers are appropriate for the 597 Ryder cases. Article re Barnes property. Soar case Emery Will Claims. Historical markers. Letter was received from the Town Counsel advising that he had been unsuccessful in securing an expert who would be accepted in Court as qualified to express an opinion on the effect of surface conditions on Waltham Street on fast and slow driving. This referred to the case of Soar et als vs. the Town of Lexington. He said the best he could do was to have Mr. F. K. Johnson look at the road and to rely on Mr. Raymond's ability to give a --technical description of it if that should become ad- visable later. Letter was received from the Town Counsel relative to the proper disposition of the funds aecrueing under the will of the late Frederick L. Emery. Mr. Wrightington thought that the $5000. in the fund should be turned over to the Town to be administered by the Trustees of Public Trusts. They would then invest the money and pay over the income to the Field and Garden Club and see that that Club applied the income in accordance with the limitations of the Will. Letter was received from the Town Counsel relative to the unexpected incrdase in the number of claims for personal injuries due to defective streets. Attached to this letter was a copy of a letter addressed to the Chief of Police requesting that immediately after an accident, a report should be made in considdrable detail. Letter was received from the Town Counsel advising that there was nothing specific in the Building or Zoning By-laws relative to the erection of markers on the Green ' by the Lexington Historical Society. In his opinion, the Building Law is not applicable to such historical markers and there is nothing in the Zoning Laws which affect their erection because such markers are appropriate for the 597 Ryder cases. Article re Barnes property. Soar case Emery Will Claims. Historical markers. 598 x use of the land for a public common and such use by the Town does not require consideration by the Board of Appeals. In his opinion, the Town might erect such markers on the Green and the Selectmen can, if they choose, authorize the Historical Society to do the work for the Town. Mr. Ross moved that the Historical Society be authorized to erect historical markers on the Common and in front of the Buckman Tavern. Mr. Clark sedonded the motion and it was so voted. Flags for Letter was received from the Chief Marshal of the celebrktion. State Committee on the Celebration of the U.S. Constitu- tion Sesquicentennial requesting permission to use the thirteen flags of the thirteen original states for the parade to be held on Fridays September 17th. Mr. Clark moved that the use of the flags be granted. Mr. Potter seconded the motion and it was so voted. Letter was received fDom the Tax Collector advising Article re: that he had received a counterfeit $10.00 bill and request - Tax Collector-ing that an article be placed in the warrant so that he reimbursement.might be reimbursed in that amount. Letter was received from. Theodore N. Waddell, Director of .Accounts, on the matter. Mr. Waddell said that he knew of no Statutory provision .for a thing such as this but that quite frequently cities and towns did vote to cover ' "overs" and "shorts" occasioned bt the receipt of counter- feit money and other causes, and if the Town should vote an appropriation to reimburse the Collector fot this counterfeit bill, he did not believe that anyone would question the right to do so. Mr. Waddell suggested that an article be placed in the warrant for the special Town Meeting for the Town to act -on it. Letter was received from the Lexington High School Use of Football Injuries Committee requesting the use of Cary Hall. Memorial Hall on Friday evening, November 26th, from 8:00 P.M. to 1:00 A.M. for the purpose of holding a dance. Mr. Potter moved that the use of the hall be granted free of charge. Mr. Clark seconded the motion and it was so voted. The application of the Middlesex County Sanatorium Permit to for permission to keep from 75 to 200 swine on Boa Street keep swine. (Waltham) was received. Mr. Potter moved that the permit be granted. Mr. Clark seconded the motion and it was so voted. Mr. Stanley Doucette's offer of $100.00 for lots 33 and 34 Charles Street was discussed. Mr. Potter said that he had look at these lots and the two of them contained less than 5,000 feet. He thought that the lots 599 were worth more than $100. and he moved that the two lots Sale of be offered to Mr. Doucette for $150.00. Mr. Ross seconded lots. t -he motion and it was so voted. Letter was received from the Lexington Lions Club requesting the use of Cary Memorial Hall on October 21, Use of 1937, for the purpose of holding a penny sale. Mr. Potter Hall. moved that the use of the hall be granted.subject to a fee of $15.00. Mr. Clark secor4dd tie inotior. and it was so voted. - Commitment of Water and Sewer House Connections in the amount of $88.01 was signed by the Board. The Board discussed the articles for the Warrant. Mr. Ross moved that the vote of last week to extend the water main in Shade Street from the Andresen property to the Hayden driveway be rescinded. Mr. Potter seconded the motion and it was so voted. Mr. Ross moved that the water main be extended in Shade Street from Weston Street to the Hayden drive. Mr. Potter seconded the motion and it was so voted. Commitment Article re water in Shade St. The Board signed the warrant for the Town Meeting to be held on September 27th, 1937. Warrant. The meeting adjourned at 11:20 P.M. A true record, Attest: Clerk.