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HomeMy WebLinkAbout1966-10-10-BOS-min 277 SELECTMEN'S MEETING October 10, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 10, 1966, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent. of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Wilbur Jaquith, Chairman of the Historic Dis- tricts Commission, met with the Board. He said he would like to urge the Board to fill two vacancies on the Historic Historic Districts Commission for Associate Commissioners. Districts He explained difficulty in getting members out to hold Commission hearings and one meeting had to be adjourned because of members the inability to get a quorum. He said there is a meet- ing coming up in November and two members will not be able to sit because of being interested There has to be five for a quorum to act The Commission would like the Selectmen to arart procedure to have Commissioners I- nominated. The Chairman stated the Board has had some diffi- culty in getting the nominations and asked if perhaps the law could be changed Mr. Jaquith said it was assumed, when this was set up, it would operate efficiently. Mr Sheldon said he would be glad toact for the Bo rd. relative to the Arts and Crafts submitting two names Mr. Jiqu$th said each organization submits two candidates Mr. Sheldon asked if the names could be submitted by the Board of Directors rather than waiting for the annual meeting of the organization. He explained the Arts and Crafts Society is divided into a number of guilds , but in this case, the Board would be dealing with the President of the whole society. He agreed to obtain two names from the Arts and Crafts Society. Mr. Gray said a few weeks ago, he had a request from the Veterans ' Agent regarding quarters for a larger office. He said it seemedthat the rooms available in the Town Office for Office Building are not adaptable to use for this office. Veterans ' The reproducing machines Mr Carroll has would have to Agent be moved and there are supplies that would have to be stored. Furthermore, the State Auditors use the room he 278 CI hAd in mind during January, February and March. He said he thought the conference room in back of the Assessors' office might be used as the Assessors do not use it. He stated this room would be adequate for Mr. Belcastro and his part-time clerical help. The consultant now using this room could use Mr. Belcastro' s present office. He said the Planning Board has no objection, and if the Board of Selectmen has no objection, he would make the necessary arrangements Mr. Gray saidthe question came up of renting public buildings and insurance coverage. To cover the Town Office Insurance Building,Police, Cary, School Office Building, Red Cross, Library and Branch Library, Visitors' Center, would cost $931 In talking to Mr. Stolz, he said the concern should be the buildings used with a fee charged, for instance, Cary. To cover Cary alone would cost $400, and to add bhlb Visitors' Center Building would cost $40. These are the two where a fee would be charged. Mr. Sheldon said this would be something for next year' s budget. Mr. Gray stated many ,towns have the organization renting the building take out the insurance, and Mr. Sheldon said he thought that is too complicated. Mr. Cataldo suggested that the Board have a policy written and increase the rental fee. Mr. Gray said he would check the insurance budget. Mr. Gray reported receipt of a letter from Mr. Frank Carpenter, 94 Pleasant Street, in regard to street sweep- ings and leaves on Bowman Park. Mr. Carroll said the dumpings there is what has been swept off the street by the Town sweeper. There is a drop- off place where the material is dumped to be picked up at a later date rather than make several trips to the dump. He said there is no regular schedule for picking the material up. Mrs. Tryon said there are seven loads spread out and it does not look like the kind of dumping one would pick up later. She said this has occurred in past years and has not been collected. The Chairman asked Mr. Gray to get together with Mr. Carroll on this . Mr. Carroll said he had an Order of Taking by eminent domain on property of Tryon and Presho which Mr. Legro, Town Counsel, prepared The Chairman suggestedthat at this point, the Board had ten minutes before a scheduled appointment, and he knew that Dr Tryon wanted to speak. He suggested taking 27 � up other items and then discussing the taking order after the meeting the Board has at 8:00 o' clock with the Appropri- ation Committee. Mr. Carroll said he had an item concerning the list of new programs, etc. which the Appropriation Committee has asked for which the Board might want to discuss with Public the Committee later on. Works ' The Chairman said this is something Mr. Carroll 1967 Re- would submit to the Board and it would in turn discuss quirements it with the Appropriation Committee. Mr. Carroll submitted a four-page letter, and the Chairman eked that copies be mailed to each member of the Board. Mr. Carroll, with reference to the Hamilton pro- perty at the corner of Massachusetts Avenue and Worthen Road, said Hr. Hamilton was in last week. Since 1913, there has been a pipe flowing water onto the brook which is in the property owned by Mr.Hamilton. Since 1943, the Town storm drainage system on Massachusetts Avenue has been conn.cted to that pipe He said he did not know what was connected back in 1913 but since 1943, the Town has been dumping water into the brook. He statedto pipe the brook would cost an estimated $8,000. Mr. Cataldo saidhe would like to have this submitted to Town Counsel and ask if the Town has any legal right to dump the water. He saidhe wanted a legal opinion from Town Counsel. The Chairman asked Mr Carroll to prepare whatever facts he has and forward them to Mr Legro for his opinion. Notice was received from the Metropolitan District Commission of a hearing to be held Monday, October 17, 1966 at 11:00 A.M. , 20 Somerset Street, on the subject of "Pro- posed improvements or extensions to the Metropolitan Sewer- age System" Mr. Carroll said he has the date. The Chairman read a letter from the State Department of Public works listing bids received, covering work to be done on Massachusetts Avenue, Chapter 90. Chapter 90 Upon motion duly made and seconded, it was voted bid to award the contract to the low bidder, Belli Bros. Inc . , 76 Silver Lake Avenue, Newton, at the bid price of $14,282 The Chairman read a letter from Mr. Carroll advising the bill for two signs at the Visitors' Center came to $130. The balance in the account is $212.60 and with the Board' s permission, he would charge the cost of the signs to the account ac The Chairman read a letter from Mr. Carroll advising the bill for two signs at the Visitors' Center came to $130. The balance in the account is $212.60 and with Signs - the Bard' s permission, he would charge the cost of the Visitors' signs to the account . Center The Chairman said Mr. Carroll had the Board' s per- mission to charge the bill of $130 to the account being carried as the Public Facilities Building Account. Upon motion duly made and seconded, it was voted that the Rules and Orders of the Town of Lexington , Amendment adopted on October 7, 1935 and subsequent amendments to Traffic thereto are hereby further amended as follows: Rules By adding at the end of Article VIII, Section IT the following new descriptions : Southbound drivers on Grant Street at Massa- chusetts Avenue . Southbound drivers on Cedar Street at Massa- chusetts Avenue . The Chairman read a letter, dated October 4, 1966, Transfer received from Donald K. Irwin, Building Inspector, re- questing a transfer of $227.00 from the Reserve Fund to the Inspection Department-Expenses Account . Upon motion duly made and seconded, it was voted to approve the request. Letter was received from the Cemetery Commissioners listing requests that will be submitted in that department' s Budget budget for 1967. The Chairman stated he thought thisEhould be referred to the first budget session. The Chairman read a letter from the Planning Board in regard to lots 22-28, Marvin Street, sold to Alfred L. Iodice and Lena E Iodice in 1963. Mr. Frederick J Conroy, attorney for Mr. Iodice, had written to the Board Tax title of Selectmen requesting that the restrictions in the deed be waived In view of the conditions of sale and the restriction to which Mr. Iodice agreed, the Board was unanimously op- posed to having the restriction waived Letter was received from the Planning Board in regard Planning Bd. to a Long Range Study to Which was attached the following Long Range preliminary memoranda submitted by Metcalf & Eddy: Study Memorandum No. 1, Area of Influence; Memorandum No. 2, Existing Land Use and Suitability; Memorandum No. 3, Population; Memorandum No. 4, Housing and Neighborhood 1 analyses. I 281 II The Chairman suggested that Mr. Gray read the memo- randa and reduce it to the basic points for the Board . In the meantime, it will be available in the Selectmen ' s Office for all members of the Board. Mr. Gray saidhe would see if Mr. Zaleski had any additional copies. The Chairman read a letter from the Alcoholic Beverages Commission, acknowledging receipt of a copy of a letter received from Stephen T. Russian to the Select- men informing the Board of modification made in the premises at 1775 Massachusetts Avenue, Joseph Trani , Inc. The Commission advised ordinarily it would hold this pendg result of action taken by the Selectmen. However, if the Board approves, the Commission will also approve the reduction in premises. Upon motion duly made and seconded, it was voted to approve the reduction in premises of Joseph Trani, Inc. Package Goods Store . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public seourity, the financial Executive interest of the Town, or the reputation of any person. Session Following discussion with the Appropriation Committee and Salary Study Committee regarding the latter' s pro- posed salary schedule , it was votedto resume the open meeting. The Salary Study Committee and the Appropriation Committee retired at 9:05 P.M. The Chairman asked for a motion for opening and closing times for theolls on November 8, 1 66. Voting 9 Upon motion p duly made and seconded, it was voted hours to open the polls at 7:00 A.M. and close them at 8:00 P.M. on Tuesday, November 8, 1966 . Upon motion duly made and seconded, it was voted to sign the warrant for the State Primary Election on Warrant Tuesday, November 8, 1966 Mr. Carroll said he had an order of taking which Town Counsel prepared on the property of Dr. and Mrs . Order of Tryon and Mr. and Mrs. Presho, Pleasant Street. He Taking reported Town Counsel had asked., if the Board votes to Drain Ease- adopt the Order, that both copies of the Order be signed. ments He said. Dr. and Mrs. Tryon wanted to speak and Mrs. Presho was also present. He submitted a plan which he said was the one Dr. Tryon wants to speak about. II 282 Dr. Tryon said he had a summary of the points he would like the Board to have, which he gave to the Board. He said the first part he would like to bring out is that the present plans for the sewer along the Green Lane pro- perties does not give any evidence it will solve the impounding of the surface water. There is a headwall at this point, which he also indicatedon the plan. He said apparently those are the only two places the surface water can enter the system. When extremely heavy rains occur, they felt there should be some provisions so water is not impounded at very high levels and has an opportunity to flow out of the valley mouth. He said there is no indi- cation on these plans that any such accommodation shall be made. Also, he wanted to point out the views of the Chair- man of the Bbpman Park Association. They feel Bowman Park needs all the water it can get and the Mimno property next to the park needs the water it can get . There are two series of catchments on Pleasant Street .tich separate this land. They do not like to see the water diverted from flowing onto the park, and in addition, he was objecting about the two pair of catchments. He said the final point he wanted to make is this 200 yard installation from this point along Green Lane properties to Route 2 brings up the same problem he discussed earlier. He saidthis can do nothing but promote drainage of this valley; as the water table is lowered that part will dry out. He said when peat dries out , it shrinks and this would lead to the alteration of the valley. In addition to damages of the trees, there is an additional problem that properties have in the back of the houses filled over the peat, and if the peat dries out , this fill will slump. He said first of all, he requested that they consider that Whitman & Howard be asked to provide alternate plans that, #1, remove the two pair of catchments, and #2, eliminate entirely the storm drain at the back of Green Lane, and #3, provide for adequate surface drainage at that same point. He asked the Board to consider this whole problem in relation to the inland wet land. Act. He said it would be appropriate if the Board could make a de- cision as if the inland wet land Acts were in effect. This Act will give protection to Beaver Brook valley. He said he did not believe this storm sewer drain is in fact a neEessary drainage. The Chairman asked from what point to what point. Dr. Tryon said he was speaking about the 200 yard line down the valley and said there is a possibility of extensions here , which he indicated on the plan It would be the drainage within the Beaver Brook valley. The Chairman said Dr. Tryon objected to the two catch- ments here, which he indicated on the plan. 283 Mr. Carroll said there are two down the street about 400 feet further and two between the Presho' s and Tryonfs properties . The Chairman asked how this all came about initially, and Mr. Carroll replied the Board of Selectmen received a petition from the residents in the area, Green Lane and Pleasant Street. Mrs. Tryon asked if the petition wasntt to drain sur- face water, and Mr. Carroll replied, certainly. Mrs. Tryon said the petition arose because this fill, the initial drainage line had been disturbed because of the fill in back which causedimpounding of surface water She said it was not an extensive impounding but a blockage of the middle drainage lines that existed before the sanitary sewer was installed. Mr Carroll saidthat was not true. The elevation of the brook and land was not substantially changed from the time the sewer was put in The elevation of the brook from this point was never distnlrbed by the Town and it is higher than the lowest point behind the Presho and Tryon houses and the houses on Green Lane. Mr Anthony Mazza said when the sewer line was put in, there was a little higher elevation and the drain was brought closer to his house. He said he did not have a water problem before the sewer line. 11 Mr. Carroll said the topography of the area was not changed. He has all kinds of profiles and it is possible something might have changed. at Mr Mazza' s house. Mr Mazza said when he signed the petition, he thought it was to get rid of a little bit of surface water. If the water is drained out of the peat, it will change His land has gone down already and this point he could prove. Mrs. Tryon said Mrs. Presho had her house moved and it was moved down to that area. There was some disturbance of the land which may have contributed to the previous disturb- ance made by the sanitary sewer trunk. It became an un- natural situation whatever the cause was . There was no water impounded. It was not a serious mater and finally taken care of by a gtoup of neighbors on a Sunday morning. She said it was not a major problem. Mr. Carroll said it was major enough for the people to get together and petition the Town. Mrs. Presho said they filled the brook and then it was dug out That brook was diverted and not pu'b back the way it was and backs into her door in the back. She said she filled behind her house and it was dug out again. She said she filled the brook and it was dug out. The flow should have been better than it was before. She said where she is now is level and the water does back up very badly 2S4 w N Mr. Sheldon, addressing Dr. Tryon, said he assumed he was in favor of no drainage whatever; tilt nothing be done . Dr Tryon replied his third point was that adequate drainage be provided. Mr Carroll saB Dr. Tryon meant an open brook. Dr. Tryon said substantially that. An adequate surface flowage from this area. There is a grade for it . Mr. Carroll stated that Mrs. Mazza saw him out there. She suggested that maybe this brook not be enclosed in a pipe. He told her if she so felt, she should contact the Selectmen, and in the meantime, he would figure open drainage vs closed piping. He did, andto put in adequate open drainage, it would cost about the same as this. He said it does not mean just digging a brook, it means a paved channel, not as free of maintenance as the enclosed pipe. Dr. Tryon asked what _depth this would be, and Mr. Carroll replied the same as the pipe; three feet by Tryon' s property, down by Route 2, ten feet. Dr. Tryon said somehow the surface drainage was adequately taken care of in the past, and he did not understand how a certain amount of surface grading could not restore the previous adequate surface problem. He said some of these people have not been in this area many years . Mr. Cataldo stated no one there before the sanitary sewer could ever say the water was held back because that whole area was covered with water, and in some instances, as much as fifteen inches. Mr. Carroll said, in his opinion, the water table in the area would not be lowered Mr. Cataldo said the level of the outlet is constant. Their land has sunk and the water will stay there until it dries out unless Mr Carroll takes care of it. He said there was always water there. He said he walked the area and this is the only answer that will solve this. Mr. Carroll said he thought this was the best solution from the Town' s point. Dr. Tryon said there can be no guarantee it will not drain the whole valley. It will have extreme adverse effect and he thought the residents should not accept the risk. Mr. Carroll said he would put in corrugated pipe and will not take out the peat at the Presho and. Tryon properties . The Chairman asked about infiltration, and Mr. Carroll said there was very little chance. Below each manhole and between each manhole he was putting in stops. The joints will be tied. Mr. Sheldon said what Dr. Tryon is really saying is, he does not want the surface water diverted because he would rather have it flowing into the area. The Chairman said he understood the brook would. be 285 three feet deep in some places , and asked how deep in other places Mr. Carroll replied it would be five, and eight or nine feet deep. He said a pipe can be put through the largest part of it . Mr. Sheldon asked if it would flow, and Mr. Carroll replied there wouldbe some standing water and there would be a maintenance problem. He explained a brook that is riprapped, one always has to consider the possibility of putting a machine and he does not like to go in with a shovel because it takes up so much space and is liable to damage. Mrs . Tryon asked how often this brook had been cleaned out in the last ten years , and Mr. Carroll replied, it has not been cleaned out at all be cause the Town does not have an easement . Mr. Cataldo asked if Mr. Carroll would recommend a riprap if it were an open brook, and Mr. Carroll replied in the affirmative. Mr. Cataldo said in some places , this brook would be nine feet deep. Mr. Carroll said it would be fourteen or fifteen feet wide at the top. Mrs. Tryon asked if it couldn' t be graded, and Mr. Carroll replied that is why it would be so wide at the top. Mrs. Presho said there is an easement between her pro- perty. It seems she has two or three easements and she did not know why. She has one in the back; two-thirds of it on the right hand side andon the left is another easement no one knows anything about . That is depreciating the value of her house Mr. Carroll explained if the drain is to go in, it is the best location, and does the least damage to both properties . He stated that Mrs Presho has an easement on the west side of the prof rty which is a water easement , and it must run to a former owner of the land . Appavently at one time there was a thought of servicing the property on Green Lane from Pleasant Street and it is not a Town easement. He said he would like the Board , if it makes this taking, to ask Town Counsel to see what can be done about helping Mrs . Presho with that problem. This easement is not being used. Alen the former owner recorded the lot , he retained the easement . The Chairman said she purchased the property with the water easement . He said he looked at the property and did not remember any large trees . Mrs . Presho said there aren' t any. Mr. Carroll said Mrs. Presho is more concerned with the easements on the property Mrs. Presho asked if the Town did not have the ease- , ment how could it alleviate the water backing up into the back yard. i I 286LAC CalMr. Carroll replied th3t_is what he is trying to correct . The Chairman said if this is done , it will relieve the problem of water backing up into her yard. Mrs. Presho said it comes into the driveway from the street and she has mud in the driveway. Mr. Goldman, Pleasant Street, said he knew the area right across from his house, and it is a very beautiful area. If the consideration is whether the Board will put in this drainage system as proposed and taking a risk there of damaging the natural beauties of the property, it will represent a cost to the Town as against the alternative of putting it down through the street , it might be a cost more excessive than the cost of the damage. He urged the Board to take the cost it knows rather than the cost it does not know and put it down through the street. Mrs. Mossman, 108 Pleasant Street, said she had to second Mr. Goldman' s point of view and the family at 106. That family and her family very much prize the brook and would like to see it retain any openness the Board can give it. The Chairman asked if it disturbed her to have a brook that could be nine or ten feet deep; if she had small child- ren wouldn' t it disturb her. Mrs . Mossman replied she has not seen this brook at its potential high and her property is fenced in by a chain link fence. The people might be willing to erect fences to protect the children rather than demolish the area. She said Mrs . Gillis lives at Route 2 end of the brook and has a growing family and has managed to cope with the hazard. Mrs. Presho said in 1954, she purchased her house at the corner of Pleasant Street and moved the house be- cause of the brook. During hurricanes , the brook was in her basement . She asked if the brook was dug out , would it do the same thing. Mr. Carroll replied if she was asking him if it would take care of a hurricane, of course not. He stated there is much more chance of water being in her basement without the drainage. He said Mrs . Presho is concerned about flooding and there would be more chance of flooding in the area if the drain is not put in. If the brook is left as it is , she will get more flooding. Dr. Tryon asked if she would get less flooding with the pipe than the surface drain he was proposing. Mr. Carroll said it should be about the same situation. He explained the choice of pipe or open brook would not change the picture of the easement on the Presho and Tryon properties, and he would not recommend an open brook there. 287 He said the easement is necessary no matter how the problem is solved . Dr. Tryon said he could take care of the property along their common land. Mr. Carroll said Dr. Tryon might sell the property tomorrow and there has to be a way for the Town to main- tain it and it has to have the right. Dr. Tryon asked if the Town was going to put in an open surface drain, would there also be catchments on Pleasant Street, and Mr. Carroll replied, certainly. The Chairman explained this is not a formal hearing, but an opportunity for citizens to express their views. The Board has received them andit is the pleasure of the Board now to take whatever action it cares to take. Mr. Cataldo said if anything at all is to be done , it should be done right at the lowest cost to the Town from the point of installation and maintenance. The people have asked for drainage and the Board is going to put it in the best way it knows how. Mr . Sheldon said either the Board does it right, or it does nothing. Mrs Tryon said she did not think a right way had been established, and asked what the right way is. Mr. Cataldo replied there is a difference of opinion as to what the end result will be. He said he would take the recommendation of the Superintendent of Public Works. He stated he has a knowledge of the area himself and with that knowledge, he agrees with Mr. Carroll. Mr. Mabee said he also agreed. The Chairman read, not aloud, the Order of Taking as prepared by Town Counsel. Upon motion duly made and seconded, it was voted unanimously to adopt an Order of Taking by eminent domain drain easements in certain parcels of land that abut on Green Lane believed to belong to Joseph H. Presho and Jean T. Presho, h/w, and Rolla M. Tryon and Alice P. Tryon, h/w, andto award damges in the amount of $100.00 to Joseph H. Presho and Jean T. Presho and Rolla M. Tryon and Alice F. Tryon; the Order of Taking being in the follow- ing form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LHXINTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 26th day of September, 1966, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1966, namely at an adjourned session 288 thereof duly held on March 21, 1966, in accordance with the provisions of law applicable thereto, it was unanimously VOTED: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor ; and to appropriate for such installation and land acquisition the sum of $34,400.00 ; and to provide for payment by transfer from the Excess and Deficiency Account ." WHEREAS, the Selectmen have determined that it is neces- sary to install a covered surface and ground water drain or drains in the land hereinafter described. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 263 of the Acts of 1926 and Chapter 79 of the General Laws , and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington thepperpetual rights and easements to lay, construct, inspect, repair, renew, replace, operate and forever maintain a covered surface water and ground water drain or drains, with any man- holes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexington bounded and described as follows Beginning at a point in the northerly side line of Cambridge Concord Highway (Route 2) at the southwesterly corner of lot 21; thence running South 76003'43" East along the northerly side line of said Highway,. a distance of 24.03 feet to a point; thence turning and running North 47°35' 30" East through lots 21, 20, 19, 18, 17 and 16, a distance of 613.18 feet to a point in the northeasterly side line of lot 16; thence turning and running North 42°24' 30" West along said northeasterly boundary line of lot 16, a distance of 20.00 feet to the northerly corner of said lot 16, and thence turning and running South 47°35' 30" West along the northwesterly boundary lines of lots 16, 17, 18, 19, 20 and 21, a distance of 627.1? feet to the point of beginning; all as shown and marked "20' Drain Easement Off Pleasant Street, Lexington , Mass." , dated August 5, 1966, John J. Carroll, Town Engi- neer, a copy of which is annexed hereto and made a part hereof. 289 Said rights and easements are hereby taken subject to part to an "Existing 20' Sewer Easement" taken by the Town of Lexington by order dated August 8, 1960 and registered in Middlesex South District Land Registry as Document No. 357567, all as shown and so marked on the aforesaid plan. Said rights and easements in the land included within the above description are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exer- cise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and per- forms any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made. Any trees upon the land included within the above de- scribed strip of land are included within the taking. The land in which the aforesaidrights and easements are taken is believe to belong to the following named parties, but if the names of the owners of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Registered Land Lots as Indicated Certificate Owner on Aforesaid Plan of Title Gerald Boghosian and Elizabeth Boghosian, husband and wife Lot 16 90724 Book 583 Page 174 Joseph R. Evans and. Dora B Evans, husbandand wife Lot 17 99413 Book 627 Page 63 James H Fitzpatrick and Marguerite E Fitzpatrick, husbandand wife Lot 18 103167 Book 646 Page 17 2G.) 99 CI Angelo DiFietro and. Mary Di Pietro, husband and wife Lot 19 108834 Book 674 Page 84 Pasquale R. Arigo and Margaret C. Arigo, husband and wife Lot 20 99333 Book 626 Page 183 Angelo DiPietro and Mary DiFietro, husband and wife Ft. Lot 21 78766 Book 524. Page 16 And said Board, having considered the question of damages , hereby determines that no damages have been sus- tainedand no damages are awarded. No betterments are to be assessed for this improvement. WITNESS our hands and seals in Lexington as aforesaid this 26th day of September , 1966. /s/ Lincoln P . Cole , Jr. /s/ Robert Cataldo /s/ Levi G. Burnell /s/ I. H. Mabee /s/ George C. Sheldon COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 26, 1966 Then personally appeared Lincoln P. Cole, Jr. , Levi G. Burnell, Robert Cataldo, George C. Sheldon and Irving H. Mabee, known to me to be a majority of the duly elected, qualried and acting Selectmen of the Town of Lexington, andacknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lex- ington, before me /s/ Donald E. Legro Notary Public My commission expires: March 14, 1970 291 The Chairman said the Board had received from the Division of Civil Service a lint of patrolmen. List #1 established in 1965 has the names of Francis J. Smith, Jr , 54 Cary Avenue, and Anthony Augustine , 26 Melrose Avenue . List #2 established in 1966 has the names of William C. Petrino, 14 Grapevine Avenue, and. Roy J. Murgiy, 7 Cherry Street. He said the Board has two weeks toact on the list and he thought the Chief of Police should be con- sulted. The Board has two weeks from October L , 1966 to get the request in He said he would follow this through with the Chief and get his recommendations and if there are any names the Chief wants to have the Board interview, he would also arrange for the interviews. The Chairman read a letter from the Planning Board advising that a group of residents is appealing the de- cision of that Board approving a subdivision known as Counsel fo: Peacock Farm, Sec. VI (Mason Street Extension) . The Planning Planning Board requested that Town Counsel be made avail- Board able to act for it in this matter. Upon motion duly made and seconded, it was voted to grant the request that Town Counsel be made available to act for the Planning Board in this matter. Upon motion duly made and seconded, it was voted to grant permission to St. Brigid and Sacred Heart parishes Paper Drive to conduct a paper drive on October 23, 1966. Upon motion duly made and seconded, it was voted to grant a Common Victualler license to the RHD Realty Common and Development Corp to operate the Drummer Boy of Lex- Victualler ington Restaurant . Upon motion duly made and seconded, it was voted to authorize the Chairman to issue Liquor Purchase Identi- I D Cards fication Cards to Harry L Ritchie , 75 Appletree Lane and Catherine McSweeney, 24 Bellflower Street Upon motion duly made and seconded, it was voted to approve the minutes of the Selectments Meeting held Minutes on October 3, 1966. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public , Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. Following discussion relative to parcels of land in which the Town might be interested and a complaint in- 1 292 volving an employee, it was voted to resume the open meeting. li; Upon motion duly made and seconded, it was voted to adjourn at 10:15 P.M. A true record, Attest : 71,1xecu ivee/Clerl , Selectm'n 1 III