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HomeMy WebLinkAbout1979-12-03-BOS-min q/ SELECTMEN'S MEETING December 3, 1979 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 3, 1979, at 7 30 p.m Chairman Miley, Mr Buse, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Chairman Miley opened the hearing on sewers for consideration in FY 81 F.Y 1981 She said an administrative hearing was held in Cary Hall Sewers on November 1, 1979 and abutters were invited to attend The Sewer Advisory Committee participated and then reviewed and submitted com- ments to the Board by December 3 Comments were received from the Board of Health, Conservation Commission, and Planning Board by December 3 The Sewer Advisory Committee is present this evening and will ask questions and comment as requested by the Board Before making their final decision, the Selectmen agree to have the specific recommendations of the Board of Health; petition re- sults-number of proponents and opponents; the construction cost per house and the betterment to be assessed per house and, from the Planning Board, the potential development of adjacent land if a sewer is installed Mr. Hutchinson said the Town Meeting had approved $2 5 million in 1978 to finish those areas of the town that would need sanitary sewers now or in the future We have been continuing with that pro- gram since the authorization, and we have a Sewer Advisory Committee He introduced Michael Hanlon, the new Town Engineer, Peter Chalpin, Assistant Town Engineer, and Frank Leahy, Senior Engineer Mr Hanlon said we have completed one contract of $375,000, another for $300,000 is under construction, and we also have two contracts under design for $750,000; tonight, we will propose another $1 million for work which will come up at the next Town Meeting There is still some additional work which will have to come after that, and that will be about $230,000 This represents a total of $2 6 million If past history holds true, our estimates are conservation as we have overestimated, and the future work will be the same. In all likelihood, we will be able to do the work within the $2 5 million authorization Mr Leahy made the presentation of the following streets for the construction of sewers Waltham Street from Concord Avenue to the Waltham Town Line, 800 feet, 8 houses involved and 1 vacant lot; responses to questionnaire were 6 for and 1 undecided It is recommended by the Board of Health and the Sewer Advisory Committee $58,400 estimated cost II I� Selectmen's Meeting - 2 - December 3, 1979 Clelland Road in East Lexington, 120 feet, 2 houses and 1 vacant lot; g response was 1 for; recommended by Sewer Advisory Committee $8,760 The Planning Board recommended construction to the last house, and Mr Leahy said that Engineering recommends this, and not service the vacant lots Mr Spagnulo was present and said he was speaking in behalf of the Kingston Builders Corp and Max Kantor, another property owner, and potentially there are 5 additional building sites and we are very definitely in favor of any sewer service that would be put in on Clelland Road Mrs Battin read the Planning Board recommendation that it does not consider Clelland Road a street of adequate grade and construction; there, in accordance with the definition of a street in the Zoning By-Law and Subdivision Control Act, it can- not be used as frontage for any new houses The Building Com- missioner has therefore denied building permits for any new houses The sewer construction should be shortened and not serve to the vacant lots which cannot be used unless and until the road is improved Pearl Street off Bartlett Avenue, 150 feet, 1 house and 1 vacant lot involved; $10,950; sewer construction to finish up the area; recommended by the Sewer Advisory Committee Questionnaire was not returned The owner of the house involved was present and was not in favor of the sewer. She asked which side 'of the street the sewer would be, whether it would go on top of a deep drain in the street, and whether construction could be at some future time? Mr Leahy responded that the final design as to which side of the street has not been done Mr Code, Sewer Advisory Committee, said the committee was not aware there was any objection, and thought it would be completed as part of the whole package Mrs Fricker, Chairman of the Sewer Advisory Com- mittee, asked about the policy on sewering, and of they are not put into the package at this time, would they be permanently crossed off the list? Mr Hutchinson said it is very relevant to those people who are opposing sewers right now that the general policy of this Board right now - and each Board can change its policies - in holding these hearings, if people do not want sewers extended that while the Board will always listen to the public if people want them cut out, it is very difficult for the Board to extend them a wait of time and as part of our commitment to the Board and others was that we wouldn't be bringing them up again, certainly through the administrative process if in fact they are being turned down One of the dangers you get into is when people oppose sanitary sewers because they have no interest in bearing the cost or may be in the process of selling their property to somebody else, and if sold, we wind up with a request from the new owner It was agreed that the owner of the one house involved could contact the Engineering Division relative to any further questions she may have Selectmen's Meeting - 3 - December 3, 1979 James Street, 755 feet, 11 houses, 2 vacant lots; 6 for and 1 against, $55,115 Recommended by the Board of Health and the Sewer Advisory Committee Mr Ralph Buker, 28 James Street, was present and said he had no objection to the sewer but asked about the condition of the street after construction Mr Hutchinson said we will leave the street (unaccepted) in the same or better condition; there are no provisions to upgrade the street Mr Sargent, 29 James Street, and one other resident discussed the existence of ledge and mud Mr Chalpin said when we leave, there will be gravel on the road and we will be eliminating the bumps and ledge that stick out; in some degree, that will improve the travel on the road The resident of 31 James Street was in favor of the sewer; she had not received questionnaire. Hazel Road, 320 feet, 2 houses and 4 vacant lots, 2 for the sewer, $23,360 This falls in the same category as Clelland Road and we are going to go as far as the last house and provide sewer to a couple of vacant lots; there are vacant lots beyond that We will provide service to the houses that are there Recommended by the Sewer Advisory Committee Grove Street, 425 feet, 2 houses involved, 2 for, $31,025; Health problem reported by the Board of Health Redcoat Lane, involves a gravity sewer of 110 feet, $8,000; force main, 160 feet, with small pumping station, $11,700; 4 houses involved, 1 for, 1 against Recommended by the Sewer Advisory Committee David Weaver, 5 Redcoat Lane, asked how the situation would be improved? Mr Leahy said by providing the sewer in the area, it would eliminate existing pumps in two basements, and would service the other two houses in the low spots - #3 and #5 You will be able to put your system into the town services without a pump Whittier Road, 390 feet, 4 hour s in olved, 4 against the sewer, $28,470 The Sewer Advisory Committeepstated that the committee was reluctant to recommend building a sewer where no one wants it, though the committee thinks a sewer may eventually be needed on this street Residents should understand that they are permanently crossed off the list if they opt now for no sewer Pleasant Street, Wilson Farm end, 620 feet, 6 houses and 1 vacant lot, at the time of the questionnaire, 2 were undecided; $45,260 Recommended by the Sewer Advisory Committee Pleasant Street, from Worthen Road up towards Watertown Street, 1300 feet, 5 houses and 1 vacant lot involved; 4 for, 2 against, $94,900 Mr Ralph Dinunzio, 91 Pleasant Street, said he was not in favor of the sewer; he has lived there 29 years without problems Mr James Storer, 69 Pleasant Street, asked questions about damage to trees, the depth of the sewer, where it would be located, and the cost Mr Leahy said the sewer basically would be down the middle of the street; he did not see damage to trees; the sewer would be 6 feet deep Also, we have betterments available if anyone wants to call the Engineering office Mr Karl Strauch, 81 Pleasant Street, said he voted against it as most of the houses on the street are very far from the sewer, and Mr Dinunzio and .Mr Storer had voted against it Chairman Miley said many people who do live a distance from the street feel that although they plan not to hook up themselves that someone at a future date who would own the house might like to hook up Ms Kay Demeno said she was in favor of sewer for future purposes Selectmen's Meeting - 4 - December 3, 1979 Lee Avenue, which will require an easement; 200 feet, 3 houses involved, 2 for, 1 against, $14,600 North Street, from Lowell Street to the Burlington line, 775 feet, 8 houses and 2 vacant lots, 3 for, 2 against, $56,575 Recommended by the Sewer Advisory Committee North Street, along Willards Woods, 2340 feet, 20 houses and 4 vacant lots, 3 for, 2 against, 3 undecided; Board of Health recommendation; $170,820 John Goldman, 79 Lowell Street, said his major concern is with the long row of old trees on his property, and he suggested that the possibility of putting the sewer on the other side of the street should be explored as there are no significant trees there He sub- mitted a letter from Frost & Higgins regarding his trees Mt Alan Millner, 48 North Street, said he was in favor but asked if the proposed sewer would be adequate for the number of homes; how many of those 20 homes are occupied, how many are under construction, and likely to be built within the next year Mr Leahy said the pro- posed sewer is definitely adequate for the 20 homes; there are 3 new houses that aren't occupied Mr Millner said there are quite a few of those homes in a subdivision and would sewers be provided to them? Mr Leahy replied, "Yes " There are possibly two of the new houses under construction we might not be able to sewer because they are too low Amherst Street, an easement, Hayward Avenue, and Fairview Avenue are inter- mingled Recommended by the Sewer Advisory Committee and Bd of Health Amherst Street,250 feet, 3 houses involved, at the time of the questionnaire 2 were against, and today received a letter that the other house is in favor; Board of Health and Sewer Advisory Committee recommendation $18,250 In conjunction with this, we will have to construct a trunk sewer via an easement of 670 feet at an estimated cost of $48,910 Dr Hormell, 35 Hayward Avenue, expressed concern about the easement which goes thru a screen of trees on the park side; also where the easement would be going He said this is an area of sandy soil and we all have adequate drainage for our systems Mr Leahy replied that we will have to take down some trees but we would be very selective and not remove them indiscriminately As far as the sandy soil, there is a definite health problem at #5, as reported by the Board of Health in 1976, and recently by the new resident Mr Robert Nash, Minuteman Park, was concerned about where the easement is going to be; Mr Leahy said it would begin at the end of Amherst Street and go down into Woodpark Circle Ms Francine Stieglitz, 3 Amherst Street, said she and others had sent a letter to the Board asking if there were any other way to readjust the route other than through the woods to Woodpark Estates Mr Busa said the question was asked where the property is that the easement is to be on Mr Leahy said there is an existing easement at Woor- park Circle and the land between there and Amherst is also owned by A J Lane, and we see no problem with an easement Mrs Frick, Conservation Commission, said she had read the Planning Board recom- mendation and agrees with it She wondered why the town can't allow the developer to put the sewer in Mr Leahy said it has been two years and A J Lane hasn't done anything about it Mrs Frick felt it needed more study; also, the Board should look into what the Planning Board is saying In response to Mr Crain's and Mr Kent's questions, Mr Hutchinson said there was no basis for us to force the developer, and we are not doing anything more than we absolutely have to ?$- Selectmen's Meeting - 5 - December 3, 1979 Mr Luce said he was the new owner of #5 Amherst Street and the only one asking for the sewer He expressed concern about damage to the trees and the environment, and would like a statement that minimum damage would be done Hr Hutchinson said that the town is environ- , mentally sensitive Hayward Avenue, 550 feet of sewer, 10 houses, 8 for, 1 against, $40,150 The construction on Haywood Avenue is divided into two sections, one by constructing 250 feet of sewer flowing down into our Amherst Street proposal and the other end of Hayward Avenue will be con- nected into our proposed sewer in Fairview Avenue In response to a question from a resident, Mr Leahy said that construction is going to be in the street at the Hayward Avenue end; down at the Fairview Avenue end, it is possible that construction could be by an easement behind those houses Engineering is in favor of the easement but we are in contact with the residents in order to get the best possible solution for everyone involved Mr Donahue, #4 Hayward Avenue, was concerned about what is going to happen when you put the sewers behind the houses, and what will happen to the paper streets? What plans would the town have for the paper streets and are they going to be developed? Mr Leahy replied that the question of land development should be addressed to the Planning Board Mr Busa said he was positive there would be no development on that parcel of land owned by the town Paper streets cannot be built upon only under subdivision control laws, and the owners would have to get together and combine their lots and present them to the Planning Board as a subdivision With the restrictions now imposed by the Planning Board on developers, it is most unlikely Discussion was held on questions from residents regarding accepted/ unaccepted streets; also, if the town-owned land in the area could be given to the Conservation Commission Mrs Frick commented that Conservation had brought this town-owned land to the attention of the Housing Authority Town Counsel advised that the residents could talk with Conservation regarding the possibility of having an article in the warrant for the land to be transferred for conservation pur- poses Residents may consider sending a letter to the Conservation Commission to this effect Fairview Avenue, 430 feet of sewer, 2 houses and 1 vacant lot, 8 for, 1 against; $31,390 Part of Hayward Avenue would flow down to Fairview Avenue Chadbourne Road, 1,000 feet of sewer, 12 houses involved, 6 for, 1 unde- cided; $73,000 Each end of Chadbourne would flow to the middle and come down to the existing sewer on Concord Avenue Concord Avenue, gravity proposal of 1,325 feet, $96,725; force main of 945 feet, $68,985; 15 houses and 2 vacant lots; 4 for, 3 against Recommended by the Board of Health and Sewer Advisory Committee Mr Sydney Rosenthal, representing the Belmont Country Club, asked questions regarding the location of their land, and the Engineers agreed to meet with Mr Rosenthal after the hearing to answer his questions Mr Michael Smiddy, 144 Concord Avenue, was recorded in favor of the sewer Mr Leahy said this completes the presentation of the F Y 81 sewer proposals Selectmen's Meeting - 6 - December 3, 1979 Concord Mrs Battin asked if the question raised by the Planning Board about Avenue the number of pumping stations and, if there is one, who pays the costs Sewer for constructing it or maintaining it? Has this been resolved? Mr Hutchinson said it has not been resolved and will be reviewed with the Board of Selectmen Mrs Frick said she had read the Inflow/Infiltration Report and wondered if the Selectmen have been briefed on it It says there are two major areas of problems with sewers; one is in Tophet Swamp, which she did not know about and is concerned about because Conservation is having more and more wetlands hearings in the area The other area, which she knew about, is at Brookwood Road A number of people wonder why we aren' t correcting problems we now have before we go ahead on new sewers The I & I Report has to be studied Mr Crain said the process we set up was that as soon as the new Town Engineer got on board that he have a chance to digest the latest input on the I and I study and come before this Board and give us his interpretation of that material The Board agreed to invite the Conservation Committee to the meeting when Mr Hanlon, Town Engineer, briefs the Board on the Inflow/Infiltra- tion study All involved persons retired from the meeting Battle Mr Fitzgerald, Chairman of the Town Celebrations Committee, and Reenact- Mr Zann, representing the Massachusetts Council of Minutemen and Militia, ment - met with the Board Mr Hutchinson informed the Board that he had checked April, out the details regarding the route, police control, and D P W involve- 1980 ment and town forces will provide the necessary assistance on April 20, 1980 Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Town Celebrations Committee for approval of final plans for the battle reenactment on Sunday, April 20, 1980, as submitted by Brigadier General Chapman of the Massachusetts Council of Minutemen and Militia; subject to assistance being provided by the Police Department and the Public Works Department Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote - Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Busa - to go into executive session, with the intention of resuming the open meeting, to discuss strategy with respect to litigation. After discussion, it was voted to go out of executive session and resume the open meeting at 9 15 p.m MAPC 208 Chairman Miley read a memo from Mrs Laura Nichols of the Planning Water Board stating there has been no indication from the comments on the MAPC Study 208 Final Areawide Waste Treatment Management Plan that they corrected the incorrect watershed delineation in Lexington Their watershed in- cludes the North and South Branches of the upper Vine Brook, which do not flow into the Charles River watershed Chairman Miley said we did send some corrections and apparently they still haven't corrected them The Manager's office had pursued it before and we would appreciate it if he would pursue it again Mr Hutchinson agreed Selectmen's Meeting - 7 - December 3, 1979 I IIIThe memo from the Planning Board also suggested that the Town should Salt adopt an ordinance requiring all salt stored out-of-doors to be stored in Sheds a covered shed with a concrete bottom, and if DPW funding was available for construction of municipal salt storage sheds The town and Emerson Gardens store in Mr Hutchinson said the Board has the right to consider a by-law the open recommendation regarding salt sheds Emerson Gardens evidently stores salt in a manner similar to the town, and the question has been raised by Mr Crain if the town can require Emerson Gardens to do that Mr Cohen said from what he had heard, you can, and if the town should adopt some kind of by-law, you might have to give some period in which to do it Chairman Miley said the point is, you can't do it now; you have to pass a by-law Mr Crain said therefore we have no basis upon which to take any action now The Board agreed Chairman Miley read a notice from Senator Rotondi reminding the town Legisla- of the December 5 deadline for filing legislation under the right of free tion petition Mr Kent said there will be some legislation filed by the Deadline Mass Selectmen's Association but he was not aware of any legislation that the Board would be interested in filing by December 5 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of October 15, 1979 Mr Hutchinson agreed to send a staff member to the MDC meeting MDC Water on December 11 in Newton for discussion of a water system management Forum program. Chairman Miley read a request for an extension of hours of opera- Liquor tion on New Year's Eve Sheraton- Upon motion duly made and seconded, it was voted to approve the New request of the Sheraton Lexington Motor Inn for an extension of hours Year's on New Year's Eve to 1 00 a m under the Innholder Liquor License. Eve Chairman Miley read a request from the Carlisle Board of Selectmen HFAC for representation on the Hanscom Field Advisory Committee Chairman Hanscom Miley said that Mrs Jacqueline Smith, Chairman of HFAC, has suggested that no action be taken at this time as HFAC has heard that the towns of Acton and Burlington are also interested in representation; if ac- cepted, it was suggested that they be members at a different level than the four members from the communities contiguous to Hanscom Also, HFAC has recommended that a request be made to the Board of Directors of Mass- port that a subcommittee be formed to address the problems of Hanscom Mr Kent said Mrs Smith hoped we would wait until the four town board comes back and tells us how it feels we ought to respond to either a partial or a total membership on the part of these neighboring communities Upon motion duly made and seconded, it was voted to table the letter from Carlisle re representation on HFAC pending a recommendation from HFAC Patricia Upon motion duly made and seconded, it was voted to approve Town Counsel's Ter- recommendation to sign the Patricia Terrace Sewer Agreement between Lexington race and Arlington Agree- ment G0 Selectmen's Meeting - 8 - December 3, 1979 Gen'l Mr Hutchinson reported that he had conducted the Manager's hearing Revenue on the proposed use of General Revenue Sharing Funds in the Selectmen's Sharing Meeting Room at 6 30 this evening; consistent with the regulations, ap- Funds propriate groups dealing with the elderly were contacted It is im- portant to remember that Congress has this program under consideration and the Board has indicated its concern to our Senators and Representa- tive; the town has been receiving in excess of $400,000 a year and right now this program is up for grabs in the sense of reenactment What is amounts to is that we would receive in excess of $400,000 or in excess of $200,000 next year, subject to the ultimate disposition of this legis- lation A letter was submitted on the proposed use of FY 81 General Revenue Sharing Funds, signed by Mr Tropeano-Senior Citizens Club, Mrs Shunney-Housing Authority, Rev Goodwin-Minuteman Home Care Corp , Mr Sen-Council on Aging, and Mr Webster-Cooperative Elderly Services Representatives of the Association fret Retixed Persons were present and supported the letter which stated, in part, that using the assumption as to tenancy of the Munroe School by the Housing Authority and the Council on Aging, any use of the building must comply with federal standards with regard to being barrier free, and it is requested that $100,000 be identified in the 1981 General Revenue Sharing Funds for the renovation of the Munroe School with barrier free access for the disabled and the elderly by ramps, installation of barrier free toilets, and elevator Mr Hutchinson said he had explained to them at the hearing that the Board is waiting for receipt of the Manager's budget which addressed con- siderations, and the Board would be holding a hearing on a subsequent date. Any consideration of monies like this would be part of the General Revenue Sharing hearing process and the budget process as well Mrs Battin said she had just returned from the National League of Cities annual meeting and a Congressman from California had talked with them about the future for General Revenue Sharing Funds; he was quite confident that direct grants to cities and towns would go through next year but it would take very diligent efforts on our part to see that our interests and needs are represented in the final version. The feeling is the current level of funding will not increase; it is likely to be the same for the next four years The format for distribution may be altered so that more dis- tressed areas really get more money, which means we are going to suffer What is in real jeopardy is the state revenue sha�ring_and if the state loses its money, it is going to make it up through oca s an It is important that we let our representatives and senators know bow we feel, that we actually cite what Lexington has nsPd it for, and what will happen if we don't get it, if the state loses theirs, what will happen in the de- crease from the local aid We should remember that this is election year, that the entire house, a third of the Senate, and the President are all up, and that they are listening to us and it is very important we talk to them. We should do whatever we can to document what would happen to us if we lose it; either the change in the formula for distribution or losing the state aid, or even maintaining the current level of funding I 9f Selectmen's Meeting - 9 - December 3, 1979 Mr Hutchinson said the Board has been discussing the problem with Dogs- dogs on school grounds, and he recommended an amendment to the regula- Park tions to prohibit dogs on school grounds, this has been approved by the Regs School Committee Upon motion duly made and seconded, it was voted to amend the Park and. Recreational Facilities Regulations by adding to Regulation No 5 "provided, however, that no dogs shall be allowed on school grounds " Regulation No 5 now reads, "(It is forbidden) to allow any animal, other than a dog, to go upon these grounds unless such animals be used for pleasure travel on a way or place provided therefor; provided however, that no dogs shall be allowed on school grounds " Arrangements are being made by the Manager for the posting of signs stating, "No Dogs Allowed Per Order of the Board of Selectmen" at the following schools Adams, Bowman, Bridge, Clarke Jr High, Diamond Jr High, Estabrook, Muzzey, Fiske, Franklin, Harrington, Hastings, Lexington High, and Munroe The Board agreed to refer to, and work with, the Recreation Committee Dogs- in terms of requirements for people with dogs using recreation areas Also, Recreation to discuss the conservation regulations with the Conservation Commission, Conserve with the understanding that large conservation areas would not be taken Areas into consideration Town Counsel would make recommendations on any possible amendments Regulations No 1 and No la of the Park and Recreational Facilities Park Regulations were discussed with respect to the hours in which persons may Hours be on park property, and it was agreed to review both regulations with Town Counsel Mr Hutchinson informed the Board that he will submit the F Y 1981 FY 81 operating budget to them on December 7 He pointed out that there are Budgets problem areas, and inflation is very visible For informational purposes, Chairman Miley read a notice of a hear- Burlington ing to be held by the Burlington Planning Board on a petition for approval Movie of a special permit and site plan for the operation of a movie theatre at Petition the Burlington Village Mall (Caldor area) Mi Busa commented that the only impact on Lexington would be if more traffic would be generated by having the movie theatre there Chairman Miley informed the Board that a notice has been received META sup- from the MBTA Advisory Board that hearings on the supplementary budget plementary are to be held on December 5 and 6 Budget Mr Busa said he had discussed with Town Counsel the recent letter Historical from the Historical Commission concerning options involved in the com- Commission pletion of the Commission's project to identify all significant historic properties in Lexington 1 Hiring of professionals with the aid of a Mass Historical Commission 50% matching Survey and Planning grant 2 Hiring of a graduate student intern. 3 The attempt to persuade a university to make Lexington the site of graduate field work in Preservation The third option appears the most feasible at this time and the Director of the Preservation program at B U has indicated that Lexington could be considered as a potential site K Selectmen's Meeting - 10 - December 3, 1979 Mr Busa said that Mr Cohen is researching the impact if someone's home is placed on the Commission's list - whether the person would be informed or whether he could object to having it on the list However, the Board of Selectmen has the final decision on what properties or homes would be placed on the National Register Problems could develop if it is on the National Register as to what the restrictions are on the build- ing, whether it could be removed, destroyed, painted, etc Before we become more involved, the Board needs more information Chairman Miley said it was her understanding when working on the Hancock School, that the the Historical Commission's role is to make a list of the buildings in the town to be put on the National Register, and the only limitation that she knew of if a building is on the National Register is that it cannot he torn down with federal funds but that other funding can be used So, it is a much narrower criteria than we had thought Mr Hutchinson said there are some other budget proposals in the letter and the Commission is going to have to wait to get through a process The Board agreed that more information is required, and Mr Busa, Mr Cohen and Mr Hutchinson are to come back to the Board Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote - Session Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain - to go into executive session, with no intention of resuming the open meeting, for the purpose of discussing real estate After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 00 p m. A true record, Attest ://C ecutive Clerk, Selectmen I