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HomeMy WebLinkAbout1959-09-08-BOS-min 254 tc SELECTMEN'S MEETING September 8, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday, September 8, 1959, at 7:30 P.M. Messrs James and Ferguson and firs . Morey were present . The Executive Clerk was also present. Messrs Maloney and Adams arrived at the meeting at 8:05 P.M. Upon motion duly made and seconded, Mr James was elected Lhairman until Mr. Maloney arrived at the meeting. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on August 24, 1959 Mr. James J. Carroll, Town Clerk, met with the Juror Board for the drawing of one juror. Mr. Charles D. Paton, 21 Fiske Road, was drawn for jury duty Mr . Carroll stated that the Town Treasurer of Watertown is Chairman of the Multiple Sclerosis Drive and has appointed Treasurers of the surrounding comes munities as his committee . Permission was asked to Collection place a collection box in the Lexington Town Office box Building, which was done , and Mr Carroll agreed to take the subject up with the Selectmen The Chairman asked if Mr. Carroll would mind if the box were removed, and he replied in the negative Mr. Carroll retired at 7:35 P.M. Later in the meeting, when all members were pre- sent, location of tae box was unanimously opposed, the Board being of the opinion that an undesirable pre- cedent would be established. However, if the Committee would like to place a small container on the counter in the Selectmen' s Office , there would be objection. Mr 6tevens, Town ' ounsel, and Mr. John J. Carroll, Superintendent of Public Works, met with the Board at 7 35 P.M. The Chairman read a letter from the Board of As- sessors relative to betterment assessments upon which payments have been deferred as provided for by Chapter 255 159 of the Acts of 1950, together with a list of those on which the three-year extension period had expired Deferred According to the letter, two parcels of land have been betterment sold by the original owner and therefore the better- assessment ment is due in its entirety Mr. Stevens asked to have a copy of the communi- cation sent to him. Mr. Stevens reported that he had an Order of Taking for taking alope easements on North Hancock Street for the parpose of constructing the street. He explained that it would be necessary to erect walls for the slop- ing of the street. Taking for Mr. Carroll presented a plan of the proposed tak- slope ing and explained that the property owners have all been easements approached Upon motion duly made an ' seconded, it was voted to sign the Order of Taking of slope easements on North Hancock Street in the following form COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the eighth day of September, 1959, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, it was duly "VOTED That the sum of 636, E=00.00 be appropriated for permanent construction of North Hancock Street and part of Winchester Drive and that payment be provided by the transfer of $13,651 .29 from funds received from the State under Chapter 718 of the Acts of 1956, and the balance of 622,848.71 to be railed in the current tax levy", and WHFR'AS the Selectmen have determined that it is necessary in the construction of said North Hancock Street, a public way in said Lexington, to acquire slope easements in certain land abutting on said way that is hereinafter described. NOW, TH`-;HEFORE, 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 79 and of Section 256 0.4 r4 32B of Chapter 82 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 enabl- ing, take in the name and on behalf of said Town of Lex- ington the perpetual rights and easements to enter upon, remove , deposit, slope , bank and maintain upon the parcels of land hereinafter described situated on North Hancock Street in Lexington whatever material, filling or support may be deemed necessary for the construction and maintenance of said North Hancock Street; said parcels of land being bounded and described as follows: Parcel 1. A strip of land situated on the southerly side of North Hancock Street, near Bedford Street, said strip commencing 42.84 feet easterly from the easterly point of curvature of the curve forming the intersection of Bedford Street and North Hancock Street, and having a uniform width of 6 feet and a length along the southerly side line of North Hancock Street of 189 feet, all as shown and marked "Slope Easement" on plan entitled "Plan of Slope Easements North Hancock St. Lexington Mass ." , dated June 15, 1959, John J Carroll, Town Engineer, to be recorded herewith; Parcel 2. A strip of land situated on the southerly side of North Hancock Street, near Ballard Terrace , said strip having a uniform width of 6 feet and a length along the southerly side line of North Hancock Street of 315.19 feet, all as shown and marked "Slope Easement: on the aforesaid plan; Parcel 3 A strip of land situated on the northerly side of North Hancock Street, which strip commences at Linmoor Terrace and extends easterly along and abutting upon the northerly side line of North Hancock Street for a distance along said side line of 145 45 feet, more or less, and with varying widths that at no point exceed 13 feet, more or less, all as shown and marked "Slope Easement" on plan entitled "Plan of Slope Easement North Hancock St . Lexington Mass." , dated June 14, 1959, John J Carroll, Town Engineer, to be recorded herewith; and Parcel 4 A small parcel of land situated on the southerly side of North Hancock Street, near Bertwell Road, with a length of 6 feet, more or less, on the southerly side line of North Hancock Street and a uniform width of 6 feet, as shown and marked "Slope Easement" on pl^, n entitled "Plan of Slope Easement North Hancock St Lexington, Mass ." , dated June 18, 1959, John J Carroll, Town Engineer, to be recorded he ewith; 257 and referenced to the aforesaid plans are made and said plans are incorporated herein for complete and detailed descriptions of said parcels of land Said rights and easements in the above described parcels of land are taken without interference with or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the surface of the premises in reasonably as good con- dition as when the entry was made The land in which the aforesaid rights and easements are taken is believed to be owned by the following named persons, but if the name of the owner 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 : Lots as shown on Owner aforesaid plans Parcel 1 Robert B Townsend and Marjorie E Townsend, husband and wife Unnumbered lot Edward A Mead and Madeline T. Mead, husband and wife Lot "D" Parcel 2 Catherine F Stoico Unnumbered lot Norman L. Foskett and Maria T. Foskett, husband and wife Lot 3 Merlin W. Ennis and Elizabeth Logan Ennis, husband and wife Lot 62 Ralph H. Elvedt and Marion Elvedt, husband and wife Lot 61 and part of Lot 60 Parcel 3. Jeanne D Boeing Lot J Ruth Morey Unnumbered lot Parcel 4 David E. Acker and Marion b Acker, Husband and wife Unnumbered lot 258 CD CC No betterments are to he assessed for this improvement. And said Board, having considered the question of dam- ages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this eighth day of September, 1959 /s/ Alan G. Adams w /s/ Raymond W. James Ruth Morey Gardner C Ferguson /s/ William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 8, 1959 Then personally appeared the above named William E Maloney, Alan G. Adams, Gardner C Ferguson, Raymond W James and Ruth Morey, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledged the foregoing instru- ment to be their free act and deed, before me , /s/ Harold E Stevens Notary Public My commission expires: September 16, 1961 Mr. Stevens reported that he had an Order of Taking of a drain easement from Webb Street through and along the common boundary of two lots in the rear owned by John Modoono. He explained the problem is that the drain ease- ment the town wants is an easement between Woburn Street and the westerly end of lots 72 and 73 Mr Modoono owns Drain on Woburn Street. This drain will flow into a brook southerly Easement out to Woburn Street Mr. Modoono feels that, from the point where the town leaves off to Woburn Street, should be piped at this time Mr. Stevens did not think it would do any farm to leave it open but Mr Modoono advised th?t he would not grant the easement. However, he would grant the easement the town is taking now, plus the easement out to Woburn Street for $500. Mr. Stevens said he did not believe there had been any damage done to either lot, and in fact, he thought 259 the land was being improved The Chairman asked about extending the easement to Woburn Street and Mr Carroll said it would be an improvement He explained that the piece out to Woburn Street is a long narrow lot and that is where Emerson Road is going out and eventually the Town will need to pipe this Mr Snow wants to get an option on that property He explained that Mr . Modoono definitely wants to be paid Mr. Ferguson inquired as to how necessary this drain is and Mr. Carroll explained that Webb Street is being constructed and there is no question but the drain is needed Mr. Ferguson asked if there was any other alterna- tive and Mr Carroll replied that the Town could make a taking Mr. Ferguson asked if there was any other alternative as to where the drain could be located, and Mr. Carroll replied in the negative . He explained that Webb Street goes up sharply and there would be a twenty-foot cut, and it would he out of the question economically. The Chairman said, as he understood it, Mr. Modoono does not object to the drain or drain easement but he just wants to be paid Mr. Ferguson asked how much it would cost to pipe it . Mr. Carroll said the Town could make the taking when needed and not pay any money because he did not think there was any damage Mr. Stevens said that Mr. Carroll should have pictures of the area taken and he explained that he al- ready has pictures . The Chairman asked if Mr Modoono would agree to the easement if the drain were piped and Mr Carroll replied in the negative He said he discussed to sub- ject with Mr. Modoono at length and he kept saying that he felt it was worth something and wanted some money for the damage Mr. Stevens explained that the drain is needed for the construction of the street and does not allow any more time Mr. Carroll explained that if the Board makes a taking it does not eliminate a settlement with Mr . Modoono at a later date . Upon motion duly made and seconded, it was voted to sign the Order of Taking for a drain easement in the following form: 260 Cz" COM` ONWEALTH OF MASSACHUSETTS MIDDLESEX, sb TOWN Oi LEXINGTON At a meeting of thr Board of Selectmen of the Town of Lexington held on the 8th day of September, 1959, it is ORDTRr, : Vhereas at a Town Meeting duly called, warned and helcij March 2, 1959, namely at an adjourned session thereof held on March 16, 1959, in accordance with the pro- visions '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 they may determine , in accordance with Chapter 263 of the Acts of 1926, as amended, or other- wise , subject to the assessment of betterments or other- wise , and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land neces- sary therefor, and to appropriate for such installation and land acquisition the sum of $58,400.00 and to provide for payment by transfer of $28,400 00 from the Excess and De- ficiency Account and by raising the balance of $30,000.00 in the current tax levy." , and WHER ,AS, the .selectmen have determined that it is necessary for the public convenience to construct drains for the purpose of surface and ground water drainage in the land hereinafter described NOW, THahEFORE, we , the undersigned, being a majority of the Board of Selectmen, duly elected and qualified and acting as such, do hereby, under and by virtue of the pro- visions 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 the perpetual rights and easements to lay, construct, inspect, repair, remove , replace , operate and forever maintain a covered surface water and ground water drain or dr'ains, with an manholes , pipes, culverts and other appurtenances, and t7R11 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 having a uniform width of 10 feet and running westerly from Webb Street to the westerly boundaries of lots 72 and 73 on plan hereinafter mentioned, said strip of land extending for a 2G1 uniform width of G feet on each side of the common boundary of said lots 72 and 73, all as shown and marked "10 ' Drain Easement" on plan entitled "Plan of Drain Ease- ment on Lots 72-73 Webb St Lexington, Mass " , dated Au ust 11, 1959, John J Ca roll, Town Engineer, to be recorded herewith, and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said strip of land. And we do hereby also so take temporary construction easements for use in constructing the drain now to be in- stalled in the permanent easement hereinabove described in two strips of land, each having a uniform width of 20 feet and abutting upon the full lengths of the northerly and southerly boundaries of said permanent easement, all as shown on the aforesaid plan and marked "20' Construction Easement" , and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said strips of land The temporary constructioneasements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the afore- said drain construction. The construction easements shall terminate thirty days after the completion of the drain construction, and, in any event, not later than one year from the date of this order Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the rights of the respective owners of the land, except so .r as is reasonably necessary in the ex- ercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, suc- cessors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent with the use thereof for all of the purposes here- inabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs 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 I described easements are included within the taking. 262 p The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties,s, but if the name of the owner of any of said land or of any interest therein is not stated or is not cor- rectly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Lots as shown on Owner aforesaid plans John Modoono Lots 72 and 73 No betterments are to be assessed for this improvement And said Boara, having considered the question of dam- ages, hereby determines that no damages have been sustained and none are awarded WITNESS our hands at Lexington as aforesaid, the 8th day of September, 1959 /s/ Ruth Morey /s/ Raymond W James Alan G. Adams Gardner C . Ferguson /s/William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 8, 1959 Then personally., appeared William E. Maloney, Alan G. Adams, Gardner C . Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of theduly elected, qualified and acting Selectmen of the Town of Lexington, and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Harold E Stevens Notary Public My commission expires September 16, 1961 263 Mr . Stevens referred to the pedestrian way from Essex Street to Valley Road and explained that the railroad filed a petition with the County Commissioners to abandon the existing crossing over what had been Old Pedestrian Valley Road The Town filed a petition for leave to crossing lay out this town foot way across the track at grade . A hearing was held before the Town Meeting, earlier in the spring, and the County Commissioners voted at the hearing to grant both petitions . The first would be the abandonment and other would be the new layout The railroad had no objection to the laying out of the pedestrian way. The next procedure was for them to draw up the order. The County Commissioners have never had the order written up and the difficulty is that as they looked into it, they could find no statutory authority to approve an abandonment of a railroad crossing and felt this might establish a precedent It is now at an impasse . Mr. Stevens has talked to the County Commissioners and representatives of the railroad and he believes that the Town can accomplish what it wants to by a ne4 petition asking for the alteration of the crossing at Valley Road. One of the Commissioners said that this form is a7liright and the railroad representative said it would be satis- factory. Upon motion duly made and seconded, it was voted to sign a petition for alteration of crossing at Valley Road in the following form COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Before the County Commissioner: PETITION FOP ALTRATION OF CPOSSING VALLEY ROAD, L XITTGTON Respectfully represents your petitioner, the Board of Selectmen of the Town of Lexington in said County of Middle- sex, as follows : 1. That pursuant to order of the County Commissioners adopted on January 7, 1873, the Lexington Branch Of the Boston & Maine Railroad crosses at grade a way in the said Town of Lexington, formerly known as Hammon Reed Road and subsequently known as Valley Road, which road is open to the public and which crossing was established as a public crossing for the passage of vehicles and pedestrian traffic . 2 Thpt subsequently the Town of Lexington duly es- tablished a town footway from Essex Stre t to Valley Road, which footway crosses said Lexington Branch within thelimits of the aforesaid crossing and is shown on plan hereinafter mentioned. 264 n CC 3 . Th-=t the petitioner deems it necessary for the convenience of the public that said crossing be altered by reducing the crossing to the width and location shown on plan entitled "Plan of Footway from Valley Rd to Essex St . Lexington, Mass " dated January 8, 1959, drawn by Richard J Gayer, Town Engineer, a copy of which is annexed hereto, and by limiting the use of the crossing to ped- estrian traffic WHER 'FOEE your petitioner prays that in accordance with the provisions of section 59 of Chapter 159 of the of the General Laws, as amended, this Honorable Commission alter the aforesaid crossing as set forth above . /s/ Ruth Morey Raymond uJ James Gardner C Ferguson Alan G Adams William E. Maloney Board of Selectmen of September 8, 1959 the Town of Lexington The Chairman read a letter from the State Depart- ment of Public Works advising that the Commissioners had voted to settle for $250 the claim for damages re- sulting from the laying out and construction of a State highway in the Town of Lexington. Mr Stevens explained that this is for the taking Claim of a corner of the Westview Cemetery property and he settled will call Miss McMorrow to find out what the next step is and how to obtain the money Notice was received from the State Dep'rtment of Public Utilities relative to a petition of the Boston Edison Company for approval of the issue of additional shares of comm on stock. No action was taken on the subject. Mr. Richard F. Herzog, 34 Whipple Road, came into the Selectmen' s office to inquire about purcnasing a small strip of land, now owned by the town, adjacent to his property Mr. Stevens explained that there are two lots up in Sun Valley that were sold by Mr DeVries to the individuals who purchased the regular lots on the street. Mr. Herzog wanted to acqui,'e a strip that would be 265 between his lot and an adjoining lot ownad, by private individuals . He said the Planning Board is studying the problem and will make a recommendation as to how much of the Herzog rear land the Town should acquire Strip of either by negotiating or by taking . He said he thought land in everything should be held in abeyance until a report Sun Valley is received from the Plannin, Board and said he would suggest to the Board that they contact Mr . Herzog. Memorandum of Agreement was received from the State Department of Public Works for the maintenance of certain roads under the provisions of Chapter 90. Chapter 90 Upon motion duly made am seconded, it was voted to sign the agreements and return them to the State for signature of the Commissioners . The Chairman read a letter from the Middlesex County Commissioners advising that a meeting will be held on Wednesday, September 16, at 10 A.M. at the Commissioners ' office , Superior Court House , East Cambridge , for discussion of matters pertaining to public roads Mr. Carroll reported that he has talked to the Chapter 90 people and for the amount of money avail- ' able this year, Concord Avenue cannot be done to Wal- Chapter 90 tham Street . There will be a distance of 850 feet from Waltham Street not finished . They designed the Chapter 90 road and claimed that an additional W_5,000 will be needed to 7o the rest of the way He explained that whether the road is built this year or not , an ad- ditional15,000 will be needed for next year for the completion of Concord Avenue to Waltham Street . He said the balance of the m ,ney requested under Chapter 90 should be used for the construction of the inter- section of Winchester Drive , Lowell Street and Maple Street . He said any remaining funds should be used for paving Winchester Drive . He said it should be hot topped because Johnson Road in Winchester is go- ing to be hot topped The Chairman suggested constructing the area ct Winchester Drive , Maple and Lowell Streets and hot topping Winchester Drive as far as the remaining funds would take it . Mrs Morey referred back to Concord Avenue and said that she did not like to see all but 850 feet done , the project stopped and then picked up again. Mr. Carroll said thet he would prefer to wait until next year an explained that the money could be held over . 1 266 Cr It was agreed that Mr Carroll shood explain at the meeting on Chapter 90 that the Boa-d prefers to wait until spring at which time Concord Avenue can be completed The Chairman read a letter from Mr. William T. Welsh, 11 Childs Road, relative to protection for children go- ing to the Hancock School from the Robinson Hill area The Chairman asked about painting crosswalks and Mr Carroll said he could have them painted but he thought the Chief would object as he has the problem of assign- ing someone for, traffic duty. Mass . Ave . & Mrs . Morey said that a study had been made of this Worthen Rd intersection a couple of years ago and at the time, Mr. intersection Gayer was opposed to it because of snow removal. She said that when cars are channeled around traffic islands, they are slowed Mr. Car oll said he did not think the island should be built until Worthen Road goes through. He suggested discussing the subject with the Chief and then painting crosswalks . Mr. Adams suggested referring the subject to the Traffic Study Committee , and Mr Ferguson asked what the Committee would do. Mrs . Morey said she would like Mr Carroll to lo- cate the study that was made of the intersection and ..I what was recommended at that time Mr. Adams suggested that the Traffic Committee recommend something to be put into effect right away and also something for the future . Mrs . Morey sugr•ested painting the lines for cross- ing and then see if the Traffic Committee could make some suggestions Mr. Carroll asked if he was to paint the cross walks without waiting for a meeting of the Traffic Study Committee . Mr Adams recommended painting the cross walks now and then h ve the subject referred to the Traffic Study Committee for further recommendations . Mr Ferguson said he did not think painting lines would help very much and asked what determined whether an officer was to be assigned to duty at a cross walk. Mrs Morey explained that the Chief has counts made as to the number of children using the cross walk, and the amount of traffic Mr. James asked if the lines would be required regardless of what was worked out and Mr Carroll re- plied in the affirmative . It was agreed to paint cross walks across Worthen Road and across Massachusetts Avenue to Forest Street and to refer the subject to the Traffic Study Committee for further recommendations . 267 The Chairman read a letter from Mary M. Cox rela- tive to extension of a water main to service her pro- perty at 2965 Massachusetts Avenue Mr. Carroll reported that Miss Cox had been in Water to see him and there is a possibility that the pro- perty could be connected without a long service and he would have more definite information for the next meeting . The Chairman read a letter from Robert Townsend, 265 Bedford .Street, relative to the use of his property for public parking by patrons of the Manor Stores . Mrs . Mcrey said she thought parking- was to be limited to one side of the street after North Hancock Street had been constructed and sidewalks built Parking Mr Carroll said that if a sidewalk is built and complaint there is a grass plot, people will park on the grass . He explained th-t there are no plans for curbing and he suggested carrying it up to and beyond Mr Townsend' s property. He said he thoucht curbino would eliminate his problem It was agreed that curbing should be installed but there was some difference of opinion as to whether or not Mr. Townsend should be advised that curbing is to be installed, with the result th t he was to be told every consideration would be given to his problem with the reconstruction of North Hancock Street . The Chairman r' ad a letter from Fred B. Dole , Acting Commissioner, St-,t:e Department of Public Works, advising that plans for the widening of Route 128 at Bedford Street are now advanced to the stage where they Route 128 are available for the Board' s review. A meeting may be widening made through the office of the Chief Engineer. Mr Carroll agreed to arrange a meeting for the members of the Board to view the plans Telephone call was received from Mrs . Korn, 2L Blueberry Lane asking to have the cliff at the corner of Winchester Drive anu Lowell Street knocked down so there would be a crass plot for the children to walk on. Sidewalks The Chairman read a letter from Mr. Spiris to Mrs . Korn stating th t he had again looked at the Winchester Drive-Lowell Street area anu could not see any reason for declaring this an emergency area. The children have a sidewalk to use from Winchester Drive to the policewoman stationed on Lowell Street. In addition, Lowell Street is well marked with school and traffic signs . 268 The Chairman reported that he went over to the area today and noticed the bank is high, but he agreed with Mr. Spiris and did not think this was an emergency area. Mrs . Morey said the engineering work on sidewalks should be done for a Fall Town Meeting. Mr. Car•'oll said he was not in favor of sidewalk projects at Fall Meetings, but if the Board agreed to have sidewalks in the area before the next school year, he would have them built. It was agreed to advise Mrs . Korn that the Chapter 90 recommendation for 1960 projects, inwhich the County and State participate , will include this particular area. The Chairman read a letter from Mrs . R. Swenson, 18 Fairlawn Lane , asking to have the Fence Viewers look Fence at a fence at the corner of Fiske Road and Fairlawn Lane, which she feels is a hazard The Chairman reported that he had looked at the fence which is approximately forty feet from the corner It was agreed to refer the complaint to the Fence Viewers. The Chairman read a letter from the Planning Board relative to Worthen Road . Mr. Carroll said that there is no reason why the location of the road cannot be moved one way or another, Worthen Rd. but the Planning Board may feel that there is a land use problem It was agreed to invite the Planning Board to meet with the Selectmen next week to co over the subject again in regard to land use . The Chairman read a letter from Mrs Arthur G. Proclamation Bernier, Regent, Lexington Chapter D.A.R. , together with suggested proclamation for the observance of Constitution Week, September 17-23. The proclamation was signed for publication in the Lexington Minute-man Mr. Carroll presented each member of tte Board with copies of proposed policy for the maintenance of Policy re playgrounds and driveways surrounding school buildings . school play- Mr. Adams stated that he thought it was a very grounds and clear-cut policy and a desirable one driveways The Chairman asked how the School Department felt about it and Mr Carroll replied that he did not know He said he felt the necessary funds should be included in the school budget Mr Adams suggested, and the Board agreed, that inasmuch as this is a major policy, the Board should 29 II have an opportunity to study it and a copy should be sent to Mr. Medill Bair After Mr Bair and the School Committee have studied the recommendations, a meeting is to be arranged for them to meet with the Board for a general discussion of the subject and to receive their reaction . Certificate of Incorporation, on behalf of Herbert Kassman, 5 Stonewall Road, was signed, satisfactory Cert.of Inc . character re erence having been received from the Chief of Police . Mr. Carroll reported that he had a conversation with Mr Morris of Itek and is trying to get Itek to decide where the water main is to be located. He pre- sented a plan and explained the proposed location. Itek hopes to acquire the Linnehan property and intends to construct an eight or ten inch main in preference to tying into the six inch main Mr . Morris wanted to know if the Town would participate in the cost of this main Mr Carroll advised him that this was marely a service to the building because the town would derive no benefit . Mr. Morris felt that the Town might want to run the main up Maguire Road but Mr. Carroll felt that there will be no need for it on Maguire Road be- ' cause Itek owns all th t property The Chairman questioned how the Town could be in- volved in private property and it was agreed that the Town should not share any part of the cost of the pro- posed water main, Mr. Carroll to so advise Itek Mr. Carroll retired at 9:45 P.M. The Chairman read a letter from Chief Rycroft advising that he plans to leave on his annual va- Police Chief cation September 19 and will be away for about three weeks Upon moticn duly made and seconded, it was voted to appoint Lieutenant James F. Corr as Acting Chief during the period of time Chief Rycroft is on his vacation. Letter was received from Governor Foster Furcolo relative to a conference on Youth Fitne.:s to be held Youth September 25, 1959 at Sargent College , Boston Uni- Conference versity, from 9 00 A M until 12• '0 P.N. Letter was received from Richard D. Hamilton, 14 Harbell Street, submitting another bid of X18,000 for lots 243-258 Asbury Stre t and lots 234-242 on Free- mont Street. 270 1-410,19.0 CV It was agreed to advise Mr. Hamilton thot the Board Tax title does not desire to dispose of this property, it being of the opinion that it is in the best interest of the Town to retain ownership Letter from Carl F Sweeney, 49 Blossomcrest Road, commending th Police Department, was noted and placed on file, a copy to be sent to Chief Rycroft Letter was received from Mr Bertram P. Gustin, Resignation resigning as a member of the Town Celebrations Committee It was agreed to invite Mr Gustin to meet with the Board next week to discuss the vacancy and also advise him that his resignation should be submitted to the Town Clerk Upon motion duly made and seconded, it was voted to grant the following licenses Licenses Lexington Theatre 1794 Mass. Avenue Theatre License (renewal) It " It It " Sunday Movies Brigham' s Inc . 1780 Mass. Avenue Sunday Sales Anthony Ferreira 249 Marrett Road Peddler Upon motion duly made and seconded, it was voted Sewer Order to sign an Order for the installation of sewer on Lowell Street in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington ORD1M FOR CONSTRUCTION OF SL cii LOWELL STREET From a point on Lowell Street 90' ± northerly of the Arlington-Lexington Town Line a distance of 64' ± north- erly The Board of SelectmEn of the Town of Lexington, acting as a Board of Water anc Sewer Commissioners and acting in purs lance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority them thereto enabling, at a meeting duly held this eighth day of September 1959, has laid out and voted to construct a common sewer in Lowell Street, a public way in said Town, from a point on Lowell Street 90' - northerly of the Arlington-Lexington Town Line a distance of 64' northerly as more fully shown on a plan entitled "Plan of Proposed Suer in Lowell St . 271 Lexington Mass Scale 1" = 40 ' June 22, 1959 John J. C Carroll, Town Enwineer" , abutting the premises thereon designated as Lots 5 and A on the Assessors ' plans and does hereby order that the same be constructed in said location . A plan entitled "Plan of Proposed Sewer in Lowell St Lexington Mass Scale 1" = 40' June 22, 1959 John J. Carroll Town Engineer" is to be recorded here- with all in compliance v1411he vote taken at the Ad- journed Town Meeting hel4 L , 1959 as follows: "VOTED: That the Selectmen be and they hereby are authorized to insta4rNtSs , subject to the assessment of betterments or otherwise , in such accepted or unac- cepted streets or other land as the Selectmen may deter- mine , in accordance with Chapter 501.4 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, 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 an , land acquisition the sum of $159,300.00 ana thot payment be provided by the trans- fer of $44,956 00 from the Sewer Assessment Fund, the transfer of $14,065.83 from the unexpended balance of the appropriation for the installation of sewer mains voted under Article 12 of the Warrant for the 1955 Annual Town Meeting, the transfer of $50,278 17 from the Excess and Deficiency Account and the balance of $50,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he heLeby is authorized to borrow the sum of $50,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter )41I of the Gen- eral Laws, as amended, within a period not exceeding twenty years ." Betterments will be assessed for this improvement in accordance with she provisions of Chapter 80 of the General Laws and Chapter 221 of the Acts of 1926. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of John J Carroll, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule And it is further ordered that a copy of this order, attested by the Clerk of the Board, be filed for record 1 272 in the Registry of Deeds for the Southern District of said County, as a statement of our action in the premises in compliance with the provisions of Section 27 of Chapter 83 of the General Laws IN WITNESS WHERt;OF the undersigned beim a majority of the Board of Selectmen aforesaid have hereunto sub- scribed our names this eighth day of September, 1959. /s/ Ruth Morey Selectmen Alan G. Adams of Gardner C Ferguson .Lexington Raymond W. James Attest: /s/Hazel J. Murray Executive Clerk, Selectmen SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Lots as shown on the Plan referred EGtimated Owner to in said order Area Assessment Book Page William J. & Christina M. Mackey 5 5010 222.00 6811 5L9 Theodore J. & May D. Boebel A Previously 6753 463 Assessed Upon motion duly made and secondees, it was voted Tax title to sign a deed, prepared by Town Counsel, conveying lot 8 James Street to Reginald A. Wood. Further consideration was given to replacement of Rev. Floyd Taylor and Mr. Dexter Smith on the Historic Districts Commission. The following names Were submitted Mr. Charles D. Sullivan, 64 Marrett Road, Mr . Edward T. M rtin, 13 Sherburne Road and Mr. Donald E. Legro, 84 Gleaaon Road. 273 The Chairman agreed to contact them by telephone to determine whether or ,not they would be interested in Historic serving on the Committee Districts It was agreed to ask the Trustees of Cary Memorial candidates Library to submit the names of two candidates so that the vacancy caused by thr resignation of Mr Taylor can be filled. The Chairman read two letters from Mr James J. Carroll, advising that he needs an additional amount of $500 for the Town Clerk and Town Treasurer' s Lxpenses and $50 to complete foreclosures on sixteen parcels of land. Upon motion duly made and seconded, it was voted to request the Appropriaticn Committee to transfer the sum of 3500 from the Reserve Fund to the Town Clerk and Town Treasurer ' s Expenses Account and $50 from the Re- serve Fund to the t''oreclosure of Tax Title Account . The meeting adjourned at 10 :20 P.M. A true record, Attest• s i �x�ec ive lerk,( Selectmy . C U