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HomeMy WebLinkAbout1939-07-10364 SELECTPvIEN'S MEETING JULY 10th, 1939. ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7;30 P.M. Chairman Giroux, Messrs. Potter, Rowse, Sarano and Locke were present. The Clerk was also present. Allen Rucker, Jr. and Leon Burke, Jr. appeared before the Board. Rucker stated that both he and Burke were guides in the Town and that their licenses stated that the charge for guiding could not be more than fifty cents. He Guide suggested that fifty cents be the fee, but that twenty-five. charges. dents for each additional half hour be approved, the total charge not to exceed $1.00. The Chairman asked Burke if he felt as Rucker did, and he replied in the affirmative. The Chairman asked if there were any other boys guiding, and he said there were not. The Chairman asked what their average earnings are in a week. Rucker said that he averaged about $12. per week. $7. would be a low week. Burke said that he had made $7. or $10. in four days, but then a day would come along when he would not even have a party. The lowest he had made was $3.50 a week. Rucker said that they were on the job from 9;00 A.M. to 6:00 P.M. seven days a week. The Chairman told them itEat the Board would take the matter under advisement and Rucker retired. Burke asked if it would be possible to have a sign Advertis- advertising the fact that there were guides available. He ing suggested something similar to what is used in Concord. The guides. Chairman suggested that the boys take the matter up with Mr. Worthen and tell him that the Board would approve what- . ever he recommended. Mr. Potter moved that the fee for guiding be set at $.50 for any part of an hour, $.25 for each additional half hour or part thereof, the total charge not to exceed $1.00. Mr. Locke seconded the motion and it was so voted. Mr. John Lamont appeared before the Board. He said that he had visited all the farms, pigEeries and slaughter houses in the area within a radius of one -qua rter of a mile of the Houdlette and Dexter houses on Concord Hill. He said that he believed that .John Sullivan and Ballard had gotten rid of 50% of the flies at their places. Holman has an electric f ly killer which is doing a good job. The Chairman asked Lamont if he believed the trouble was con- fined to the group of houses that Mr. Ross built, and Mr. Lamont said that he thought the condition was worse there. He went to two h'ouses'at 2361 and 2377 Mass. Avenue and the people stated that the flies were bad, but always had been. Magalette, who lives in the field opposite the houses, stated that he was bothered with flies very much until five or six days ago, but they were not bad now. Mrs. Dexter 365 ' stated that they tried to eat supper outdoors a few nights ago, but were unable to do so because there were so many flies. The Chairman told Mr. Lamont to drop into the houses once a week for the next few weeks and do everything possible to get rid of the flies. Mr. Lamont said that the Pichette house on Fletcher Fletcher Ave. evidently had an overflow from the cesspool going Ave. into the old drain from the Jefferson Union which was drain drain. ing-into the old channel of Vine Brook. The Chairman told Mr. Lamont to handle the matter in conjunction with Mr. Raymond. Mr. Fred C. Came and Mr. Raymond appeared before the Board. Came said t.aat three weeks ago, he had been run into by a truck owned by the Town of Lexington. The Employers' Ins. Co. told him to find out if the Town Came - carried property damage and he had an estimate of $79. for claim fox having the car fixed. This estimate was from the Cadillac- damage. Oldsmobile Co. in Boston. Came said that he turned left from Mass. Avenue into Waltham Street and when he got around the corner, another car was stopped so he had to stop, and the town truck ran right into him, although he was only going ten miles an hour. Mr. Potter asked Came if he would have any objection ' to ..having the local Oldsmobile dealer do the work, and he. said he would not. Mr. Potter moved that he take the car to F. K. Johnson and that Mr. Raymond talk with Johnson and have. only the work , done that resulted from the accident and that the expense be charged to Highway Maintenance, provided the bill does not exceed $78.00. Mr. Rowse seconded the motion and it was so voted. The Chairman said that Sunday morning at 9¢15,.Mr. Garrity called him and said he wanted to see him about something important in connection with the swimming pool. He met Garrity at 9;45 at the pool and Dr. Rochette and Swimming Robert Eichorn were with him. Two town employees were Pool. cleaning the tank inside the pool. Eichorn reported that Saturday afternoon, three children had come to him and said that several boys were sick and had gottenbugs from the swimming pool. Eichorn felt that because the children were so small, they must be repeating what they had heard their parents say. Sunday morning he was in Smith's Paper Store and several citizens approached him and said that Bayard Tracey had died Saturday night and had got the infection at the swi mning pool. Eich orh reported this to Garrity. If this had been an ordinary rumor that the child ' was ill from the pool, the Chairman said that he would have put the matter over until the next Board meeting, but when the rumor was that the child had died from an infection 366 he got in the pool, he -thought it serious enough to order the pool closed. He had the workmen sent home so that there ' could not be a statement from anyone that we had done anything with the water in the pool. They wanted to get in touch with the State Board of Health, but had to wait until today. He ordered the pool closed until further notice. He then went to the Police Dept. and requested an officer to be on duty at the pool until such time as the State Board of Health had taken samples of water both there and at the wells. The were on duty from then until _police the State Board of Health took samples this morning. He telephoned Mr. Wrightington yesterday af'ternQon and told him that he had done this because if there was any danger of infection no other child would get it and further, to protect the town. He suggested that the policeman on duty at the pool furnish the Selectmen with statements, of what hours they were on duty and the fact that no one entered the pool. He said his insttuctions to Mr. Garrity were that the pool was not to be re -opened until we have received a report from the State Board of Health, Mr. Garrity will begin to empty the tank now that samples have been taken and Dr. Rochette suggested that the tank be exposed to the sun until after the results of the analyses are known. Mr. Rowse moved that the Chairman's action be approved and that the pool be kept closed until a report has been received from the State Board of Health, and that if the water is not contaminated, that the pool be opened. Mr. ' Potter seconded the motion and it was, so voted. Pair. Raymond said that they estimated that they would have to rebuild about 200 feet of walk between the steps at the Merriam house and the next house down hill on Stetson Street, the cost of the excess excavation being approx- Sidewalk - imately $120. About one-third of that will be on the Brown Stetson land. The Chairman suggested that the tovai advise Miss ,Street. Brown that it would pay one-half of the cost of the excavation. If they want a_conerete sidewalk, it will cost about in addition. A tar surface sidewalk will cost about 8300, 120. Mr. Raymond thought a bituminous walk would be better than concrete there because the -drainage was not good enough. Mr. Rowse moved that the people be notified that the Town would be willing to pay one half.of the entire cost including the excavation. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that he had investigated two complaints about standing water and the illness of children. Standing One was off Marrett Road near the William Dailey house where water- water stands most of the time. That situation cannot be complaints. corrected until the East Branch of Vine Brook is 'improved, substantially as requested by the farmers in the akcinity a year ago, which was turned down because it was felt that it would be for the benefit of private individuals. He thought there might be a possibility of eliminating the nuisance by a mosquito control project. Mr. Locke moved that the project be worked up and submitted in due course. Mr. Potter seconded the motion and it was so voted. The other complaint was on Outlook Drive. There is a low spot of land in the rear of 18 and M, *here water had stood, and the land has also been used for refuse disposal. He made an appointment with Mr. Allen of Outlook Drive to look over the situation, but before he got over there, the water had dried up. Mr. Raymond reported that there was an overflowing cesspool at 11-13 Pleasant Street about which Alexander Wilson complained. This has shown no sign of overflowing during the last week. Probably later on it will run over. The owner wrote the town when work was being done on Pleasant Street and warned the Town that the sewer system would be damaged. Mr. Raymond has been informed that the cesspool has given trouble before. The situationcannot be corrected on the lot because it is a very small one and the house is right on the street line. The remedy would be to build a sewer in Pleasant Street. He had two suggestions, one was a sewer which would go beyond the low point of Pleasant Street and would cost $5100.00, or a shell sewer that would cost $3500.00. Mr. Potter moved that no action be taken until such time as the cesspool is overflowing. Mr. Locke seconded the motion and it was so voted. 367 Cesspool Pleasant Street. Letter was received from one Frank P. Winn stating that he was requesting the sum of $100. because of the taking of Winn five lots of land in connection with the North Lexington Claim - Sewer Project. Mr. Raymond said that no taxes had been No. Lex, paid on these lots for the last forty -years, and up to and Sewer. including 1938, the total outstanding charge would be $212.il. He suggested that in answer to the letter, an offer of 050. be made in settlement, provided Winn will pay the back taxes and interest. Mr. Potter moved that the recommendation be approved. Mr, Rowse seconded the motion and it was so voted. Mr. T. A. Custance appeared before the Board. He said that he was appearing in the interest of Mary D. Hatch regarding water for her development. The estimate for extending the main in Pleasant Street to Crescent Road and in Crescent Road, is $1250.00. He said the question was as to the advisability of running a main along the side of Watertown Street, which he thought unwise. He thought it would be better to take the main from the main in old Watertown Street and wanted to know if this could -be done. He said it was -his contention that Mrs. Hatch should not Hatch property - Water main, pay anything for the main in Watertown Street. He said that 368 C;C Mrs. Hatch wished to have this extension under the old water ' guaranty system and not under the Betterment Act. Mr. Raymond said that there was no money appropriated for water extensions under the guaranty system this year, it was decided to insert an article in the warrant to Article. install the water main in Old Watertown Street under the Betterment. Act. Mr. Custance said he had installed curbing in Watertown Curbing - Street for Calvin Childs which cost 1342.00. This curbing 'Watertown completed everything with the exception of a small piece of Street. patching that Paxton wanted to do himself. Mr. Custance said that everything was done to Mr. Paxton's satisfaction. He requested that the Town reimburse him for the cost of the work. He retired. Mr. Rowse stated that in view of the way the matter had been handled, he thought an article should not be inserted in the Warrant unless a petition for the same wads submitted by Mr. Custance, Mr. Rowse moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. Letter was received from Oscar B. Kenrick relative to his claim for damages as a result of the Vine Brook project. Mr. Kenrick requested that a dam be built in order to ' Kenrick guarantee him a continuous water supply. He said that claim - I�Vine the Federal Land Bank of Springfield had to be given. Brook assurance that the Town would maintain a dam to prevent his Project. water table from being lowered. Mr. Raymond said that a dam such as Kenrick wants built would cost about $2500. and would make the water stand back all the way to Hayes Lane and would make the maintenance of that channel very expensive. It would have to be cleaned out regularly, not less than twice a year, and there would be deposits of sand and silt which would result in the slow- ing up of the flow. If this is done, it is very doubtful 3f there would be much benefit to his land as he believes that the sub-surface drainage on Kenric4l s land is more in the other direction than it is toward the brook. Mr. Ray - mond said he did not believe the dam requested would be of any benefit to the well at Kenrickts house. At times this well is emptied by the pump, and he did feel that this con- dition might be aggravated by the project but it would be something that could be corrected much cheaper than by this dam. He recommended that the town P as roceed planned, We have made an award to Mr. Kenrick and his course is to sue for damages if he will not accept a nominal amount for damages. He recommended that an extra work order be approved for the building of a sump. Mr. Kenrick appeared before the Board. He said'he ' wanted to know how deep down we were going. The water in his well is much lower than usual. Mr. Raymond said he was M ' not sure, but he thought the channel vias down to grade now. Mr. Kenrick said he was worried about his supply of water in the summer. He said he bad a pool with a gravel bottom before. Mr. Raymond remarked that he had had no trouble with his water supply this year. The Chairman suggested that Mr. Kenrick talk with Mr. Raymond In the morning and attempt to _straighten out the matter. He retired. Mr. Raymond said that he had sold the hay at the Town Farm for $10.00. Mr. Potter moved that his action be Hay at approved.. Mr. Locke seconded the motion and it was so Town Farm voted, Original and duplicate of the agreement with the Ryders was signed as follows; 1 1 AN AGREEMENT made this 10th day of July, 1939, between the Board of Selectmen of the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts , (hereinafter called the Selectmen) of the one part, and Charles W. Ryder of Newton, Massachusetts, Minnie M.. Ryder of the said Newton., wife of the said Charles W. Ryder, Robert L. Ryder of Lex- ington, Massachusetts, the said Charles W. Ryder and Robert L. Ryder as they are Trustees of the Lexington Estates Trust, and the said Robert L. Ryder as he is Trustee of the Lexing- ton Real Estate Trust (hereinafter called the Ryders) of the other part; WHEREAS the Ryders or sane of them are plaintiffs in Ryder four actions of tort now pending in the Superior Court for Agreement. the County of Middlesex against the Town of Lexington, numbers 85504, 85506, 105724 and 105725, in which they claim damages for flooding certain of their lands near or adjoin- ing Vine Brook; and WHEREAS the said Town has heretofore authorized and has now under construction a Federal P.W.A. project for certain drainage improvements in the Vine Brook area, completion of which will eliminate the drainage conditions complained of in the said actions, and contemplates a W.P.A. project for further improvements ori the South Branch of the said Brook; and VFdEREAS the Ryders are in arrears for taxes to the said Town and numerous Petitions for foreclosure of tax titles are pending in the Land Court, and other tax sales have been made vihi ch have not yet reached the Land Court, and taxes on other parcels are in arrears for 1937 and 1938 on which no tax sale has yet been made; and WHEREAS other controversies have arisen or may arise between the Ryders and the said Town and it is the desire of the parties hereto to devise a plan of adjustment and 370 � settlement of all potential disputes; and ' WHEREAS No settlement of these matters is possible without an affirmative vote or votes at one or more tows meetings of the said Tovm and this agreement is to be con- tingent upon subsequent ratification by the said Town and adoption by the Town of the necessary* votes to authorize execution of certain terms of this agreement, but it is the desire of all the parties that a definite agreement may be presented to the town meeting which shall become binding upon the Ryders and certain mortgagees and others holding title under them and upon the said Town, upon the adoption of appropriate votes by the said Town; NOW, TBEREFORE, in consideration of the premises and of the mutual agreements herein conisined, it is hereby mutually agreed as follows: 1. The Selectmen will recoamnend to the town meeting that a sum of $41,000. be appropriated for the purpose of carrying out this settlement. Of the money so appropriated, $6,000. shall be paid by chests to the order of Roberts B. Owen, Attorney for the Lexington Estates Trust, et als, which check shall be delivered to the said Owen. The balance shall be paid by checks of the Town to the order of the Town Treasurer and endorsed by him and applied by him in payment ' of indebtedness of the Ryders or some of them to the Town for taxes, consisting of the amount with interest fixed for the redemption of thirteen tax titles, foreclosures of which are now pending in the Land Court, numbers 6613., 6616, 6619, 6621, 97190 9724, 9725, 13325, 133262 13327, 13331, 13332, 14344, and eight other tax titles on the records of the Town Treasurer, four of land standing in the name of Minnie M. Ryder, three of land standing in the name of Charles W. Ryder, and one of land standing in the name of Lexington Estates Trust, including the 1938 taxes and interest thereon, and certain unpaid taxes for 1938 and prior years on the books of the Collector of Taxes on which tax sales have not yet been had, but not including any taxes for 1939. The payment of the said sums by the said Town shall be made only when the Ryders simultaneously deliver or cause to be delivered re- leases as hereinafter provided. 2. Simultaneously with the payment and application of the said sums referred to in paragraph 1 hereof, the Ryders will execute and deliver to the said Town general releases of all claims by them or any of them against the said Town or any of its officers or employees, including without limiting the generality of the foregoing, all claims for damages embodied in the said four actions at law, and for any period subsequent to the date of the writs in said ' actions for the same cause, and will sign agreements for the entry of "Neither party, no further suit for the same cause of action" in all the said cases. The Town at the same time 371 will file a satisfaction of its judgment for costs in action 85505 in the said court. Upon execution and delivery of the foregoing documents the Town will file motions to dismiss a71 pending tax title foreclosure proceedings in the Land Court.above referred to and will file proper disclaimers of tax tiles that have not yet reached the Land Court. Simultaneously with the said settlement, the Town by its Town Counsel will sign agreements for judgnent for neither party in four actions of contract for arrears of taxes against the Ryders now pending in the Superior Court for the County of Middlesex, in which William S. Seamman as Collector of Taxes is plaintiff, numbers 105020, 105021, 105022, and 105023, and will file certificates of dissolution of attach- ments of real estate made therein. Pending votes by the town meeting on the question of approving this agreement and executing its terms, the Town will agree to a postponement or postponements of the date for redemption in the tax title forecloruse cases pending in the Lend Court, and no further action will be taken by either party in any pending litiga- tion. 3. The Ryders and the said Minnie M. Ryder will execute and deliver to the Town a release of all ruts of way over the Centre playground appurtenant to their lands, including certain rights of way referred to in a deed from Augustus E. Scott to the said Town dated March 31, 1915 and ' redorded frith Middlesex South District Deeds, Book 3981, page 109, with the exception of a right of way extending from the Pageant Ground, so-called, defined on a plan made by John T. Cosgrove, Town Engineer and dated October 20, 1937. The Town agrees that it will grant to said Charles W. Ryder and Robert L. Ryder as they are Trustees of the Lexington Estates Trust, a right of way as last mentioned, which said right of way said Charles W. Ryder and Robert L. Ryder as Trustees as aforesaid shall by a proper instrument or instruments cause to be subjected to a certain mortgage given by Olympia Cerussi to Cecilia G. Scott, Executrix, dated October 4, 1918 and recorded with Middlesex South District Deeds, Book 4222, page 115 and now held by Trustees of Tufts College. The Town agrees that if the North Branbh of Vine Brook is relocated on lands of the Ryders substan- tially as provided in the reports of Metcalf & Eddy hereinafter referred to, one crossing of the said channel will be pro- vided by the Town for a connection from the Ryder lands to the right of way extending from Clark Street and shown on the said plan of Cosgrove dated October 20, 1937. 4. The Ryders will execute and deliver to the said Town a grant of an easement to discharge surface water on their land abutting on Waltham Street through catch basins now located on the said street and so discharging, and a ' release of claims for damages arising out of the discharge of water through the said catch basins and their outlets hitherto, and the breach of any alleged contract in consider- ation of which the discharge may have been originally per- mitted. 372 5. The general releases to be executed by the Ryders as aforesaid shall include releases by them and by their mortgagees of all _claims. for damages against the said Town arising out of takings by eminent domain of their lands for the said Vine Brook improvements, including takings made September 20, 1938 recorded with Middlesex South District Deeds, Book 6245, page 241, and for any and all claims for damages accruing to them or any of them resulting from the said takings or the said improvements and any change in the direction, volume or rapidity in flow of the said Vine Brook or of surface or underground water in the said valley result- ing from the said improvements. They shall also include covenants not to sue the Town or any of its agents or employees upon any claim of them or of any of them or of any of their mortgagees or of any of their successors in title for damages to any land now owned by said Ryders or any of them, arising out of the construction of a drainage channel in accordance with the plan on file in the office of the Town Engineer entitled "Plan of a Drainage Outlet Channel along the South Branch -of Vine Brook, Lexington, Mass., march 20, 1939, John T. Cosgrove, Town Engineer", or any taking by eminent domain for the same, or arising out of any further improvements of brooks or other main drainage channels in the Town, or takings by eminent domain for the same, which improvements may be constructed hereafter sub- stantially in accordance with the Vine Brook Drainage Report of Metcalf & Eddy of September 29, 1928 and the Report upon Drainage of the Town of Lexington of Metcalf & Eddy dated April 30, 1936. Easements for such future im- provements to main drainage channels shall not exceed fifty feet in width on the Ryder lands, except that adjacent lands of the Ryders may be used for sloping the bangs and may be temporarily used for purposes of construction, In consider- ation of such releases, no betterments will be assessed on the lands of the Ryders for the aforesaid future improvements. The said releases shall also include covenants not to sue the Town or any of its agents or employees upon any claim of the Ryders or any of them or of any mortgagee or successor in title of the Ryders or any of them for damage to any land of said Ryders arising out of any changes in the volume, direction or rapidity of flow of the said brooks or drainage channels or of surface or underground water resulting from drainage improvements for highways and public or private lands constructed hereafter by the Town and discharging into such brooks or main drainage channels. This agreement shall bind and be for the benefit of the Ryders and their respective heirs, executors, adminis- trators, successors and Sasigns and shall run with the lands now owned by the Ryders or any of them, all as the case may be, 1 ' IN WITNESS WHEREOF a majority of the Board of Selectmen of the Town have hereunto set their hands and the Town Treasurer has affixed the seal of the Town hereto and the Ryders have. hereunto set their respective hands and seals the day and year first above written. 1 J ARCHIBALD R. GIROUZ WILLIAM G. POTTER ERROL H. LOCKS A. EDWARD ROWSE GEO. W. SARANO A majc&ity of the Board of Selectmen CHARLES W. RYDER ROBERT L. RYDER MINN IE M. RYDER Individually and as Trustee as aforesaid. And for the consideration aforesaid the undersigned mortgagees assent to the foregoing agreement and agree to sign the said releases. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this 11th day of July 1939 personally appeared Robert L. Ryder and acknowledged the foregoing instrument to be his free act and deed individually and as Trustee as aforesaid., before me, SYDNEY R. WRIGHTINGTON Notary Public, Mr. Raymond said that he had received a claim from Marian D. Lewis for the building of the wall on the North Branch of Eine Brook, the other side- of Waltham Street. He made a slip:-vp in the original vote by not carrying it beyond Waltham Street. Mrs. Lewis has signed a release satisfactory to Mr. Wrightington for the considdration of $50. Mr. Raymond had a letter from Mr. Bicknell, her lawyer, requesting this and that the shrubbery be replaced by Mr. Garrity. He approved the award of 650.00. Mr. Potter moved that the award of $50, be approved. Mr. Locke seconded the motion and it was so voted. 373 Lewis claiu Vine Brook Letter was received from E. Elizabeth Holton represent- ing the Mass. Bonding and Insurance Co., and listing policies carried by that company at the present time. She Insurance. requested the privilege of renewing the policies. The Clerk was instructed to write Mrs. Holton and tell her that one of the policies had already been renewed throuE�i another office, but that she would be given every consideration in the future. Letter was received from Harold P. Johnson, attorney for John Morrow, Jr. of 151 East Street, demanding payment Morrow because of alleged damages suttained by him as a result of claim - the taking in connection with Vine Brook. Mr. Raymond said Vine Brook. he thought this matter should be turned over to the Tom Counsel to find out what his damages are and what his demand is. Mr. Saran moved that the suggestion be approved. Mr. Rowse seconded the motion and it was so voted. Letter was received from Mr. Garrity advising that a Tree - hearing was held on July 6th relative to the removal of the Oak St. Elm tree #150 on Oak Street. Fourteen people attsnded the hearing and all were opposed to the removal of the tree. Mr. Garrity advised leaving the tree stand and installing the new sidewalk to within 18 inches of the trunk of the tree on both sides. He thought the tree would then receive enough moisture to keep it alive. Mr. Rowse moved that the tree be left standing. Mr. Saran seconded the motion and it was so voted. Barnes alaim Letter was received from Pierre A. Northrup with ref - Vine Brook* erence_to the alleged damage to the Barnes property on Sherman Street caused by the construction work in connection with Vine Brook. Judge Northrup said that the upper apart- ment had been vacant for several months and that it was impossible to rent it because of the condition of the street. He said that he intended to hold the Town respons- ible for every month the apartment was vacant. Mr. Raymond said he had received a letter from Mr. Wrightington requesting information on the matter and he was going to anzwer it very shortly. Petition was received from the New England Tel. & Tel. Pole Co. and the Boston Edison Co. for permission to maintain location. two poles on Westview Street, from a point approximately 2398 feet west of Bedford Street and running westerly. Mr. Locke moved that the petition be granted. Mr. Sarano seconded the motion and it was so voted. Counsel's Letter was received from the Town Counsel requesting Pees that the Board authorize payment of the $3,000. appropriated Ryder case, for his'services in the Ryder cases at the Annual Town , Meeting. . Mr. Potter moved that payment of the $3,000. be authorized. Mr. Locke seconded the motion and it was so voted. 1 1 375 Letter was received from Vernon Page criticising the Plumbing Plumbing By-laws to be presented at the Town Meeting, Laws. Sidewalk Betterment Assessment Abatement in .the, amount Abatement of $26.33 for lot 39 Charles Street was signed by the Board. Letter was received from the Town Counsel relative to Mutual Insurance. Mr. 11frightington said that there was no doubt of the authority of the Selectmen to place fire in- surance with mutual companies, and further, that no vote of the Town Meeting appeared necessary. Mr. Searle, of the Division of Accounts, thinks the implication from Sec. 31, Chap. '44, G.L., would forbid the use of mutual policies in other fields of insurance such as liability insurance. The Chairman said that he had talked with Mr. Merriam, who suggested that .the matter be turned over to the Appropria- tion Committee for.study, and recommendation. Mr. Potter moved that the vote of June 26th calling for an article in the warrant to authorize the Selectmen to place insurance with Mutual companies be rescinded. Mr. Locke seconded the motion and it was so voted. Mr., Locke moved that the question of placing town fire insurance with mutual companies be presented to the Approp- riation Committee for study and reccmmendation. Mr.Potter seconded the motion and it was so voted. Mutual Insurance. U Mr. Sarano moved that the Town Counsel be instructed Loam to appeal to the full court of the Supreme Judicial Court, stripping the bill in equity of the Town of Lexington.v Menotomy Trust case Co., at als. Mr. Locke seconded the motion and it was so voted. Letter was received from the Town Clerk to which was Bond attached bond #53305 in the sum of $10,000., the additional sum required for Town. Collections, on which he was prin- cipal, Mr. Potter moved that the Bond be approved.. Mr. Locke seconded the motion and it was so voted. The Chairman informed the. Board that shortly after the last meeting, a letter was received from the Town Counsel Loam stating that _it_would be necessary to pay the bill for print- stripping ing the record in the case of Lexington v Menotomy Trust Co. case. (loam removal case), imuediately. The bill was $27. Inas- much as there were no funds aiiailable in the Law Dept. Expenses Account, the Chairman requested the Appropriation Committee to transfer that amount from the Reserve Fund. He said that the request had been granted. Mr. Sarano moved that the Chair- man4s action be approved. Mr.. Locke seconded the motion and it was so voted. Letter was received from E. E. Gillis, Director of W.P.A. Finances for the W.P.A. advising thatit would not be payrolls possible to furnish copies of W.P.A. payrolls for LeAngton Projects. Mr. Sarano moved that the following Licenses be granted: Licenses. Paul Mooney - Cor. Mass. Ave. & Merriam St. - Overhanging Sign. Win. S. Caouette - 1765 Mass. Ave. - Overhanging Sign, Mr. Potter seconded the motion and it was so voted. Slaughter The application -of George Murphy for permission to license. slaughter at Casey's slaughter house on Laconia Street was granted. The Ch.ainnan stated that previously the Board voted Carnival to allow the V.F.W.to use the field beside Countryside Permit, the week of July 4th for the purpose of holding a carnival. Inasmuch as it was impossible to make arrangements to hold a carnival that week, the organization requested that the permit be changed to the week of July 24th. Mr. Potter moved that,the request be granted. Mr. Sarano seconded the motion and it was so voted, Upon motion of Mr. Potter, seconded by was -voted to sign the following citments (Commitments Water miscellaneous charges - Re -commitment Sewer Rental Charges Commitment of Water Liens Mr. Locke, it $6..45 - 2.72 25.67 Request to A letter was received from. R. H. Stevens stating that strip loam stripping had been carried on in town for some time loam. although this was contrary to the zoning laws. He said that at the present time he had an offer of thirty acres of very fine loam and he requested the Boards official sanction for stripping the same. No action was taken on the matter. Town Mr. Potter moved that the Town Meeting be held on Meeting. Thursday evening, July 27th. Mr. Sarano seconded the motion and it was so voted. The Warrant for the meeting was then signed. ' Welfare Messrs. Mitchell and Morse appeared before the Board relative 'to welfare matters. The meeting adjourned at 11:05 P.I. A true record, Attest; �•Q�e� Clerk.