HomeMy WebLinkAbout1957-10-21-BOS-min 72
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SELECTMEN'S MEETING 1
October 21, 1957
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, October 21, 1957 at 7 :30 P.M. Chairman
James, Messrs. Reed, Maloney, Tucker and Mrs . Morey
were present. Mr. Stevens, Town Counsel, Ir. Gayer,
Superintendent of Public Works, and the Executive
Clerk were also present.
The Chairman read a letter from the Arlington
Board of Selectmen relative to proposed curtailment
of passenger service on the Boston & Maine branch.
The Arlington Selectmen is of the opinion that joint
Boston & opposition by Arlington, Lexington and Bedford would
Maine be more forceful than individual municipal opposition
trains and felt that the matter could be discussed at a
meeting of the committee appointed to make a study of
the Great Meadows, which will be held within the next
two weeks. The letter stated that members of both
Boards have been invited.
The Chairman advised that the Lexington Board
had not received any invitation to such a meeting.
Mr. Maloney reported that Mr. Greeley, Chair-
man of the Committee, has talked to him several
times over the telephone and is ready and willing
to meet with a committee from Lexington. He ex-
plained that perhaps Mr. Greeley thought he had
invited this Board through Mr. Maloney. He said
he thought it would be a good idea to have Mr.
Greeley set up the meeting as he felt there was
more room in the Selectmen's Room in Arlington.
Mr. Stevens pointed out that the Town of Bed-
ford would not be interested in the Great Meadows,
but would be interested in the railroad.
Mrs. Morey said that both matters could be dis-
posed of at one time but she thought Bedford should
be present at the discussion pertaining to the pro-
posed curtailment of passenger trains.
Mr. Stevens said he thought the only thing to
do is to get an Act through the Legislature to get
the title to the Great Meadows cleared. That would
involve some procedure in the Act setting up claims
of Lexington and Arlington.
Mr. Stevens suggested that a meeting be held
as indicated and that the representatives from Bed-
ford be invited for discussion of the railroad situa-
tion.
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At a later time during the same evening, Lex-
ington and Arlington Selectmen could discuss the
Great Meadows . He advised informing Arlington that
nothing has been heard about the meeting mentioned
in this letter.
The Chairman read a letter from John R. Mclsaac,
Chairman of the Brotherhood of Railroad Trainmen, with Trains
reference to the petition filed by the Boston & Maine
to discontinue train #3212 and #3217. Mr. Mclssac
said he hoped the Board would take action against this
petition and have Town Counsel present to oppose it.
Mr. Stevens referred to Contract No. 7, sewer
work, between the Town and a partnership d.b.a. Sewer
Pitt Construction Company of South Lincoln, and re- contract
ported that it is now in order for the Board to
sign.
Upon motion of Mr. Reed, seconded by Mr. Maloney,
it was voted to sign the contract as presented by
Mr. Stevens . All copies were taken by Mr. Stevens,
Mr. Stevens reported on Dr. Howard Foley 's
suit which came up for hearing this morning. He re-
ported that last week he contacted Mr. Seth and
last Saturday morning he met with Mr. and Mrs . Seth,
Mr. and Mrs . Maxner and went over the situation with Foley
them. They allowed him to borrow a property pur- suit
chase of sale agreement which was dated the same date
as the Town Meeting which accepted the layout, which
calls for the sale by the Seths and Maxners to the
three Foleys, including th part of the strip in
front of the Viano land/tRe part of the strip in front
of the Whalen land, all subject to the Town voting to
accept the layout. He told them it appeared to him
this was now exhausted and they were under no agreement
to convey the land and in fariness to the Town, the land
should not be conveyed to Foley except on the basis of better-
ments . In view of the fact they are charging $500 for
the land, he recommended that the Town abate the $500.
He said that they were very co-operative and said they
had no desire to see the Town come out ee poorly on
this or to see Dr. Foley being put in a position
where he could not be protected.
Mr. Stevens said that he was going to see their
attorney in the morning and he thought they would go
on the theory that they are still willing to convey
the land but not unless Dr. Foley agrees to pay
betterments. Mrs. Seth said Dr. Foley mentioned a
II
figure of $3,000 having been given to him by some-
one on the Board and it was all right with him. She
also said this was the first time it ever had been
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explained to them thattA thought of the Board, or
Mr. Stevens, was that/s o ld convey this to the Town
with the understanding that the Town would convey
it to Dr. Foley upon payment of what the betterments
would have been.
Mr. Stevens reported that at the hearing in Court
today, prior to appearing before the Judge, he talked
to the attorney and it is a matter of dollars and
cents. They checked the records and feel, according
to what they find in the records, that betterments
were not put on until more than six months after the
work was completed and where they were only put on
two property owners instead of all of them, that it
can't be supported. They also admit it is not fair
for him to get the road without paying. They feel
Dr. Foley should pay his fair share , but his fair
share is not the full amount of the betterments be-
cause the land the other people gave was not the
amount of the betterments they were estimated to be
assessed on them. He said he told Berry there were
many considerations the Board had in mind in putting
this through. Some people were in favor of having
it go through as Seth and Maxner, and there were
those who were not, and there never was any thought
that Dr. Foley should be admitted to the road with-
out payment of whatever the betterments were . He
has a portion of the land in business and gained a
direct substantial benefit from it. Mr. Stevens
said he told him he did not think Seth and Maxner
were going to convey the land. Mr. Stevens said he
recommended to him to find out if Dr. Foley now wants
the land.
Mr. Maloney said he thought it would be better
to have the Town own the land.
Mr. Stevens reported that he told the attorney
that if Dr. Foley does not want the land he would
recommend that the betterment be abated, but if he
is going to have the land, he should pay the better-
ment. It was left that Mr. Stevens would talk to
the Board about it tonight and call him tomorrow.
Mr. Stevens said if Dr. Foley does not get title
to the land, the betterment should be abated. He also
told Seth and Maxner it was not fair for them to con-
vey the strip in front of the Viano or Whalen land.
They said Mrs. Whalen did not want it but he told them
he did not think she understood it.
Mr. Reed asked about the Town purchasing the land
and then agree to sell it to Dr. Foley if he paid the
betterment.
Mr. Stevens advised that it would be better to
have it worked out between the parties.
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Mr. Stevens returned two subdivision agreements; one
between the Board of Selectmen as a Board of Survey
Agreement and George W. Sarano, dated May 13, 1946
and one between the Town and R. Lockwood Tower, et al,
dated March 24, 1941.
He said he told Mr. Gould, attorney for Mr.
Corrigan, Friday that the School Committee wanted to
know what was going on. He explained that he told
Mr. Gould he understood from him that they would not
need an access across the school land and he said
that was correct. He was to let Mr. Stevens know
but he has not heard from him.
The Chairman reported that he met with Mr.
Corrigan and Rupert Stevens. He listened to their
proposal for an amicable settlement which was to
include their supplying water pipe , fittings, drain Corrigan
pipe and sewer pipe and the Town would do the work.
Their position, they said, was upheld by the fact
in one of these agreements which Mr. Stevens just
returned, Mr. Gould indicated that a Board of Survey
street defined was one that included the installation
of water and drain. It did not include sewer in these
instances because there was no sewer to connect to.
Having been so advised by Gould, they felt they were
reasonable.
The Chairman explained that he talked to Mr.
Stevens, Town Counsel, who felt Gould's interpreta-
tion was somewhat in error so they will be required
to put in the water up to eight inches. If the Town
requires anything more than that it will pay for the
material. They are to pay for their own sewer con-
nections and all drainage down to a point on this
street. The Town will pick it up from there because
of the jog in the drain pipe.
Mr. Stevens said that a Board of Survey Street
includes the drain. He asked if the Chairman meant
through their own land and the Chairman replied in
the affirmative . He said they are going to bring it
part way down to this street.
Mr. Stevens said the Town would build a Board of
Survey Street and a drain is part of the Board of
Survey Street.
Mr. Reed said he did not see how the Town could
make them go that far. He said it was all right if
they would, but he did not think the Board could tell
them they have to.
Mr. Stevens explained that anyone reading this
agreement would be misled because it says "The sub-
divider will construct the ways in the manner and
location shown on the plat as finally approved by
the Board of Survey and will conform to the regula-
76 '�
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tions of the Board of Survey regarding such con-
struction.
The subdivider will construct all the
ways shown on the said plat in accordance with the
'Construction and Materials Specifications for
Streets, Sewers, Drains, Water Mains, and Services '
adopted by the Board of Selectmen and Public Works
under date of July 8, 1940, a copy of which is hereto
annexed, so far as applicable, Type B. Surfaces to
be deemed applicable." He explained that this tells
them what they have to do to construct, but it does
not tell what to construct. He pointed out that there
is no agreement in this that he will put in either
water or sewer, and water has nothing to do with a
Board of Survey street. He explained that a Board of
Survey street was of certain type, grades, etc. , and
that is what the Town is going to do. He said he
thought the Town had been fair.
Mr. Gayer asked if he was to run the drain from
the subdivision down to the Town line.
Mr. Stevens replied that wherever drainage is
required in that street, having in mind it will tie
into the drainage of the subdivision, he would think
the Town would put it in.
Mr. Gayer asked about the section from here, in-
dicating it on a plan, up to the development.
Mr.. Stevens said it seemed to him that if this
was being put in as a Board of Survey street, the
Selectmen, as a Board of Survey, would require drain-
age all the way. He said in fairness he thought the
drainage should be included. He said if they do not
come in to put in the utilities, the only thing the
Town can do is build the street and it will have
carried out its obligation.
Mr. Stevens referred to the voting machine agree-
Voting ment which was left for him by Mr. Carroll. He read
machines it and advised that it is now in order for the Board
to sign. (Original and copy returned to. Mr. Carroll. )
Mr. Reed asked what is to be done about Mr. Busa's
bridge, and reported that he is anxious to have an
answer. He said he felt certain that Mr. Busa intend-
ed to insist upon the Town repairing it. Mr. Reed said
he looked into the records and also went down to see
Mr. Busa. Mr. Busa told him that there never was any-
thing in writing. He reported that he also talked
to Howard Custance because he was the one who put the
bridge in and he feels that the Town has a definite
obligation to maintain it. He feels that the Town,
if the case went to court, would lose because it is
dumping water in the brook from all parts of the Town.
177
Mrs . Morey reported that Mr. Busa maintains that
when some of his land was taken, it was guaranteed that
he would have access to his land.
The Chairman asked what the Town had for agreements
and Mr. Stevens replied that there is nothing. He said
that the Town has the right to put water in there from
all over Town. That was the right the Town took and
Mr. Busa had his claim for damages. The damage he sus-
tained was whatever was taken from him by the widening
of the brook. The bridge he had, Mr. Stevens assumed,
was not wide enough in its span to cross the widened
ditch. He said the record is clear that the Town
would build a bridge just as good as the one he had,
so he was no worse off and he was paid some amount for
his damages . He said it would be most unusual to have
an undertaking by the Town that the bridge was to be
maintained in perpetuity without having something in
writing. The bank was in on it and its representative
wanted to be convinced that the settlement being work-
ed out with Busa was satisfactory.
Mr. Reed said the point he brings out is why did
the Town replace it with a cement bridge, and no one Busa 's
seems to remember why. He said Mr. Busa does not have bridge
access to his land and the water the Town is dumping
111 in there is washing it and widening the brook. He
said there is no question in his mind that whoever
put the pillars in did not go down deep enough. Mr.
Custance said he did not put the pillars in..
Mr. Reed said that the normal course of the
channel cannot go through the bridge . He said there
is a question of whether Mr. Busa put the rocks there
or of the pillars are on the rock.
Mr. Gayer said that Busa said he put the rocks
in so he could collect water for irrigating in the
Summer.
Mr. Stevens said that actually Mr. Busa has no
right to put the rock there .
Mr. Reed explained that Mr. Busa is going on the
basis that because the Town had the cement bridge
constructed, the Town should maintain it.
Mr. Stevens said that when it was done, there is
no doubt it -was done under the assumption that it was
the Town's obligation to do it.
The Chairman said he thought whatever the Board
does should be done right and can be supported.
Mr. Stevens said if the Town repairs it and Mr.
Busa will excuse the Town from doing anything further,
the matter would be disposed of.
Mr. Reed said that Mr. Busa is under the impression
11 that it is to be a continual maintenance by the Town
regardless. He said he is guaranteed access to his
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Po
land and to him that means the Town is to maintain the
bridge.
Mr. Stevens said there is not much more to do ex-
cept check the files and check with Mr. DeFoe who was
Superintendent at the time .
Shannon Upon motion of Mr. Reed, seconded by Mr. Maloney,
option it was voted to exercise the option for the acquisition
of land owned' by Shannon in the following form:
EXERCISE OF OPTION
By instrument dated July 30, 1957, Clarence Philip
Shannon, of Randolph, Massachusetts , for consideration paid,
granted to the Town of Lexington an option to purchase certain
land situated on North Street in Lexington as therein des-
cribed.
NOW, THEREFORE, pursuant to the provisions of said
instrument, the Town of Lexington, acting by its Board '
of Selectmen, hereby exercises said option to purchase
said land subject to all of the terms, provisions and
conditions set forth in said instrument.
Signed at Lexington, Massachusetts, this 28'th day of
October, 1957.
TOWN OF LEXINGTON
By- Raymond W. James
Haskell W. Reed
William E. Maloney
Majority of the Board of
Selectmen
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Mr. Turzyn met with the Board to discuss the pos-
sibility of getting water for a house he is construct-
ing on Freemont Street. He said that all the people
around him have long services . He discussed the sub-
ject with Mr. Gayer who did everything he could and
even talked to some of the people in an effort to get
them to sign a petition for the installation of a
water main. However, the people already have water.
He said when he purchased the land, he did not ex-
pect to build, but where he is now living is being
taken over for a development and he has to move . Request
He knew this six months ago and started to build a for water
house. He said he applied for water and could not on Freematt
get it. Mr. Turzyn said if he could arrange for a Street
temporary connection now, he would be willing to
sign a statement agreeing to pay betterments when
the water main is installed. He said the bank will
hold back his next payment until water is available.
Mr. Gayer submitted a plan of Lexington Farms
and pointed out Mr. Turzyn's lot and also pointed out
where the water main comes to at the present time.
He said several houses have long services. He ex-
plained that Mr. Friel has built a house and indicat-
ed the lots owned by him. He said that Mr. Friel
paid his betterment on Freemont Street and gave the
Town an easement across one lot and the Town gave
him a water service. He said the problem is get-
ting the extension of the main which is a routine
matter except this gentlemen is in a hurry.
The Chairman asked if the only way the Town
can supply him with water is to extend the main
and Mr. Gayer replied in the affirmative.
The Chairman asked what it would cost to do
that and lir. Gayer replied $1800. He explained that
there is a six inch pipe there now.
Mr. Reed asked how much it would cost to put a
service in for this man from the corner of Home-
stead Street and also asked if it could be done.
Mr. Gayer replied that it could be done if
he had the time which he does not have. He said
he is running four to six weeks on services.
Mr. Reed asked why the main could not be extend-
ed at this time and the Chairman replied because it
will cost *1800.
Mr. Reed asked if requests for such short dis-
tances as 300 feet were being held up. He said he
thought the main should be extended for this distance
rather than to have a service put in.
Mr. Gayer said he would not recommend a long
service as there are too many of them now.
Mn. Maloney asked if Mr. Turzyn's house was
under construction and he replied that the plumbing
is about finished and it is ready to be plastered.
80 2
Mr. Reed asked if he saw the sign about water
when he took out his building permit and he replied
in the affirmative.
Mr. Reed asked if he was being forced to build
sooner than he anticipated and he replied in the
affirmative .
Mr. Turzyn said when he started to build, he
tried to get the people to sign a petition for water
and sewer. Mr. Dwyer held out and then no one else
would sign.
Mr. Maloney asked if there was anyone who would
be willing to give Mr. Turzyn permission to tie in-
to their line temporarily.
Mr. Gayer said if he could do that and get by-,
this water main might be put in under the Betterment
Act in another year.
Mr. Reed asked if Mr. Friel would give him per-
mission to tie into his property now and Mr. Turzyn
replied that he might.
Mr. Maloney said if Mr. Turzyn could get per-
mission from Mr. Friel. he would have water in there .
Mr. Gayer said that the Board could then con-
sider the petition which Mr. Turzyn gave him today
so that he might get water there next year.
Mr. Reed pointed out that Mr. Turzyn would have
to have an agreement whereby he could tie in until
such time as the water is available; otherwise, the
owner could shut him off.
Mr. Gayer said he would be better off to be tied
into the street.
The Chairman said he thought the Board understood
the problem. He suggested that Mr. Turzyn contact Mr.
Friel and let the Board know how he makes out.
Mr. Turzyn said that he is in favor of getting
the main regardless of whether he can get water now
from Mr. Friel or not.
Mr. Turzyn said he would advise Mr. Gayer as to
how he makes out.
Mr. Turzyn retired at 8:55 P.M.
The Chairman reported that a Town Meeting member
said that every Town Meeting has to be hurried because
Town of the time limit on salaries and asked why those could
Meeting not be acted upon at a seperate Town Meeting with two
Warrants . One Warrant would take care of Article 4
and ohe Warrant would take care of everything else.
Mr. Stevens said that the Board could have as
many Warrants as it wants but there are several
things that should be done at an Annual Town Meeting
and there is only one Annual Town Meeting.
Mr. Donald Jenkins, Jr. , 7 Dane Road and Mr.
Roger T. Westcott, 3 Foster Road, met with the Board.
X1
Mr. Jenkins said he wanted to know if the Board
had arrived at any decision relative to acceptance
of Dane and Foster Roads. He said that the problem
as he recalled it, was that the Board would like to
have the streets accepted which have been built ac-
cording to the Planning Board rules and regulations
but they must abut on a previously accepted street.
Mr. Stevens said that in each occasion where
this question came up, the Board has taken the posi-
tion that it would only accept streets when they did Dane and
connect with a public way. Foster
Mr. Jenkins asked if the streets in question Roads
were built to the Town specifications and Mr. Stevens
replied in the affirmative. He explained that what
has happened is a petitiontjgs been filed to have the
Town lay out as Town ways/connecting streets . The
Town then has rights over its own ways but would be
taking on an obligation to maintain a way to which it
does not have access. He explained that the Board
does have the power to lay out the streets. It in-
volves assessment of betterments so the people liv-
ing on them are affected.
Mr. Foster said that in a sense he paid for an
accepted street and Mr. Stevens explained that it
was not for an accepted street but for an approved
street. He said there have been other streets built
which the people did not want accepted.
Mr. Reed explained that now it would probably
not cost anything to have the street accepted but
two or three years from now, it may be necessary to
do some work on it at which time it would cost money.
Mr. Westcott said that is correct and they are
not too happy about it.
Mr. Reed said that the people on Sherburne Road
would probably not be happy to have betterments as-
sessed against them either.
The Chairman asked if anyone had talked to the
people on Sherburne Road and Mr. Jenkins replied in
the negative.
Mr. Reed said that Sherburne Road is not in good
condition and it would cost those people money.
Mr. Westcott asked if the policy of not accepting
a street unless it joins an accepted street is a law
or a policy.
Mr. Stevens said that he has never had to rule
whether it is legal. He said it does not make much
sense to accept a street that does not abut an ac-
cepted street because the Town does not have the
right to go in a street and do the work it has to do.
He explained that the Planning Board rules and regula-
tions are to protect the purchaser. He said if Mr.
Jenkins ' street was built to a cheaper standard, he
would find himself doing maintenance work the first
year.
we
He said the regulations protect the people who
111
buy the lots and also saves on cost when the street is
accepted.
Mr. Stevens said that when the Town participates,
it accepts liability for defects in the streets . He
said the Town goes as far as it can and obviously
Sherburne Road will have to come in some time.
Mr. Reed asked if Mr. Jenkins would be willing to
contact the people on Sherburne Road and advised him
that the Board requires signatures of 659 of the prop-
erty owners for a street to be accepted.
The Chairman said if Mr. Jenkins wanted to get
some indication that the people on Sherburne Road
would go along with this, it would be fine, but it
has to be done fairly rapidly because the Board likes
to have the petitions for street acceptances in by
the 15th of October, to be figured late in December
so that the Appropriation Committee can consider
them for Town Meeting. He said the Board would like
to have the petitions as soon as possible to be con-
sidered this year for next years budget.
Mr. Jenkins said that unless the people on
Sherburne Road sign a petition, Dane and Foster Roads
have no chance and the Chairman repled that is
correct.
Messrs.
Messrs. Stevens, Jenkins and Westcott retired
at 9:15 P.M.
Mr. Floyd R. Judd, representing Spaulding-Moss
Company, met with the Board, and said that his reason
for an interview was to discuss the possibilMy of
printing the Town Report by offset. He said that at
the recent Town Clerk's convention in Great Barring-
ton, he spoke about off-set printing. He explained
that his concern does a great majority of the street
listings in Towns by offset and is now doing a number
of Town Reports by offset. He said that the reports
they do have pictures, charts and graphs. Spaulding-
' Town Moss has done reports for Wilmington, Methuen and Con-
Report cord and can save $600 the first year. They have also
done Gloucester, Beverly and Melrose . The reports are
all typewritten. He explained that the key to saving
money is that the Town has its various departments
type their own reports. He said he felt he -could save
the Town 50% of what it paid last year.
The Chairman asked if he meant that the Town
designs its own report and Mr. Judd replied that is
what it comes to.
Mr. Reed asked about going out on bid and Mr.
Judd explained that the Board could go out on the
same specifications .
The Chairman said that the Board would have
to write its own specifications .
S3
Mr. Judd said the Board would state that it is
to be off-set printing, everything ready for the
camera, page by page .
Mrs. Morey asked if all the reports would be done
on the same typewriter and Mr. Judd replied that in
some towns they bring all the material to one depart-
ment. He said he would be glad to show the girls in
the offices how to type their reports.
Mr. Judd said he borrowed one of Lexington's Town
Reports and had a bid made up which may not be accord-
ing to the Board ' s specifications. The bid for 600
copies was $1,110.
Mrs. Morey asked Who would make up the index and
Mr. Judd replied that the Town would and stated that
some of the reports do not have an index.
The Chairman asked how long it would take to issue
the report after the copy had been submitted and Mr.
Judd replied that it would not take more than three
weeks . he explained that photographs cost a little
more than type.
The Chairman asked how much it would add to the
cost if Spaulding-Moss did the typing and Mr. Judd
replied about $2.00 per page.
The Chairman said that the Board would discuss
the subject and contact Mr. Judd one way or another.
Mr. Judd retired at 9:50 P.M.
Mrs . Morey said she would like to make the sug-
gestion that the Town by-laws be put together and
doing it this way might not cost very much. She By-Laws
said these people could do it and then the Board
would have a sample of the work. She said she
would like to have the By-Laws done eveh though
they are not revised so they can at least be read.
Mrs . Morey suggested that when Mr. Judd is in
again he be shown the By-Laws and asked to submit a
price as to how much it would cost.
Petition was received from the Boston Edison
Company and the New England Telephone and Telegraph
Company for relocation of a j/o pole on Bedford
Street 205 feet northwest of Worthen Road.
Mr. Gayer explained that the relocation is
to enable the First National Stores to widen their
driveway.
Upon motion of Mrs. Morey, seconded by Mr.
Tucker, it was voted to grant the petition and
sigh the order for the following j/o pole reloca-
tion:
Bedford Street, southwesterly side , ap-
proximately 205 feet northwest of Worthen
Road,
Pole One pole.
location One existing j/o pole to be removed.
The Chairman read a letter from A. Clifford
Fletcher requesting extension of the sewer, under
the Betterment Act, to service 112 Spring Street.
Mr. Gayer reported that this extension would
Sewer be about fourteen feet deep and is solid ledge.
extension The Chairman was authorized to advise Mr.
Fletcher that his request will be included in the
1958 budget and considered when appropriations are
being discussed for presentation to the Annual Town
Meeting in March.
The Chairman read a letter from Dominic Simeone,
requesting installation of sewer in Essex Street.
It was felt that this would be an item for the
1958 budget but Mr. Gayer was instructed to obtain
more information relative to the installation of
sewer in this street and also in Laurel Street.
Petition was received frog residents of Young
Street requesting that the street be accepted from
#24 to #34.
Young Street does not connect to an accepted
Young street, but has been constructed according to
Street the Towns specifications . A street now under
construction by Mr. Frizzore, when completed, will
connect to Young Street.
Mr. Gayer was instructed to obtain more definite
information as to the time when Frizzore 's street
will be finished.
Mrs . Joan Sheehan's request for water at 54
Asbury Street was held over.
Mr. Gayer reported that he received a petition
from Asbury Street for installation of sewer and
street construction. He presented a plan and
explained the location of Mrs . Sheehan's house . He
Request said an extension of 200 feet would reach her lot,
for Water but if the street is to be constructed, he thought
Asbury the water should be put in the entire length.
Street The Chairman asked if the petition was for both
street and sewer and Mr. Gayer replied in the affirma-
tive,
ffirma-
tive,
The Chairman asked if, providing funds are avail-
able , Mr. Gayer could get a contractor to do this and
do Freemont Street. He said if there is enough money,
he would be in favor of inviting bids and getting
these two pieces done .
Mr. Reed asked if all that was needed was another
shovel, and Mr. Gayer replied in the negative. He said
the biggest job is laying the pipes .
85
The Chairman read another letter from Edward R.
Stockdale, 6 School Street, in reference to the Board's Tree
letter of September 26th denying his request for re- removal
imbursement of money paid by him for the removal of
a tree.
The Board was of the opinion that there is noth-
ing to justify a change in its decision.
The Chairman read a letter from the Department
of Public Works advising that J. J. Carroll Construc-
tion has requested an extension of time on Chapter 90 Chapter 90
work on Concord Avenue. The Department recommended
an extension to November 23, 1957.
Upon motion of Mr. Reed, seconded by Mr. Maloney,
it was voted to grant the J. J. Carroll Construction
an extension of time on Chapter 90 work, Concord
Avenue until November 23, 1957.
The Chairman read a letter from Miss Edith A.
Tuttle, 12 Hancock Street, complaining about an
old barn and fence at the railroad track near her Complaint
house.
The Board felt this was something over which
it had no jurisdiction and referred it to the
Historic Districts Commission for a possible solu-
' tion.
The Chairman read a letter from the Planning
Board to the State Department of Public Works rela-
tive to the re-design of Route 2 and the recently Route 2
completed major street plan for Lexington.
Mr. Gayer said that he is of the opinion, if
the Board could spare some time, that it should sit
down with Mr. Snow to discuss this and he would like
to be present also. He said there is a substantial
amount of money involved and if he tries to get
estimates on all that was brought up, it will take
about six months.
The Chairman said he thought the Board should
devote a whole evening to the subject and go into
it thoroughly.
It was agreed to meet Thursday night, October
24th, if it is convenient for Mr. Snow and the Plan-
ning Board.
Mr. Gayer said that his estimate on sewer services
at this time indicates that he will need approximately
$4,000. He reported that he will have about $4,500
after this week's bills are put through. He said if
the estimates are correct and the weather is right,
he will probably spend about $8,000.
The Chairman suggested that Mr. Gayer call the
matter to the Board's attention again when the ac-
count is down to about $1,000, at which time con-
Water sideration can be given to requesting a transfer
services from the Reserve Fund.
Mr. Gayer retired at 11:00 P.M.
Letter was received from Mrs . Henry J. Gartin,
11 Fairview Avenue, advising that she would like to
acquire title to the parcel of land located between
so-called old Wood Street and new Wood Street.
The Chairman was authorized to advise Mrs.
Gartin to consult an attorney for advice and assist-
ance in acquiring this property.
The Chairman read a letter from Raymond F.
Sewer Boudreau, owner of Lot 14., Lowell Street, requesting
betterment deferment of the sewer betterment assessment levied
deferred against this lot.
Upon motion of Mr. Maloney, seconded by Mr. Reed,
it was voted, under the provisions of Chapter 159 of
the Acts of 1950, to extend thet time for payment of
#389.33 sewer betterment assessment, without interest,
until said land or any part thereof is built upon,
sold, or until the expi aQ n of three years from the
date hereof, whichever/o 'cs tirst; provided however,
that this extension of time shall terminate immediately
if the facilities of the sewer main are used for
said land or any part thereof.
The Chairman read a letter from Mr. Carroll
advising that the additional voting machines are due
for delivery any time after November 1st. He said
that it will be necessary to change the voting places
of precincts one and two because there is no storage
space in the Adams School or the East Lexington Fire
Station.
Mr. Carroll suggested precinct one at the
Harrington or Munroe School; precinct two and three
Voting at Cary Hall; precinct four at the Senier High School;
Precincts precinct five at the Central Fire Station and precinct
six at Maria Hastings School.
Mrs. Morey said if the voting at the Adams SchOol
was downstairs, she felt sure there would be room to
store the machines.
Mr. Maloney said he thought there was storage
space available in the basement of the East Lexington
Fire Station.
The Board decided to view the voting places be-
fore making any decision relative to Mr. Carroll's
suggestions.
The Chairman read a letter from the Planning
Board stating that it is their understanding that
office space is to be rearranged upon completion
of the new Police Station. The Planning Board has
87
in mind continuance of its present office and the
addition df the office now used by the Cemetery
Commissioners.
Mr. Reed reported that Fred Johnson, a member
of the Standing School Building Committee, said
that they would like to take over the Barnes property
for the Superintendent of Schools .
The Chairman said he thought the Board should
spend an evening to discuss this entire situation
and determine who is going to go where and why.
Mr. Malone eplained that the furniture and
equipment/PliPt e ew building has been purchased for
the people they determined were to Office
be in that building. space
The Chairman said that as far as the old Town
Office Building is concerned, and arrangements for
the Barnes property are concerned, nothing definite
has been done .
Mr. Reed said that Mr. Johnson told him rather
than lose three class rooms he would like to see
the Superintendent of Schools located in the Barnes
building.
The Chairman read a letter from Gerald E. Foley,
76 Adams Avenue, Everett, requesting permission to
hunt in that part of Lexington known as the Great
Meadows.
The Chairman was authorized to advise 1Ir. Foley Hunting
that, according to our By-Laws, permission must first
be obtained from the owner of the land, Lexington not
being the owner, and then from the local Chief of
Police or Board of Selectmen.
The Chairman read a letter from the Town Meeting
Members Association stating that they definitely want
heads of departments present at Town Meetings.
Mr. Reed said that the Board of Selectmen is the
head of Public Works Department and not the Superin-
tendent. Department
Mrs . Morey said she thought the only way it could heads at
be done as the way the School Department does it. The Town
Superintendent is present but never has to say ahyth±ng. Meeting
She said the Town Accountant is also present and he does
not have to say anything.
The Chairman said he presumed the Association
means the head of the Fire and Police Departments,
Board of Assessors and Cemetery Commissioners.
Mrs. Morey suggested that the Chairman acknow-
ledge the letter and ask what is meant by depart-
, ment heads.
The Chairman reported that James M. West has
resigned from the Standing School Building Committee
V 6 Y bns4
p�..r
ery1...1.�1
Ifs'
, resignation and it will be necessary for the Board to appoint
someone to fill the vacancy.
The Chairman said that during the Summer, the
Board did not complete viewing tax title properties
tpx title and asked if it would be convenient to continue
this on Saturday.
It was agreed to discuss those parcels that
the Board had looked at on Thursday night.
The Chairman said that he has received two or
three letters from other towns who want a copy of
Salary Lexington's salary schedule . They have sent copies
plan of their schedule now in existence and contethplated
changes . He said it is plain to him that Lexington
salary plan will have to be revised this year upward to
be in line and it will be a major job to do that. He
said he would be glad to undertake it if the Board
wanted him to.
No one objected and it seemed apparent that the
other members of the Board would like to have the
Chairman continue his work on the schedule.
The Board gave further consideration to Mr.
William E. Maloney's offer of $400 for lot 5 Mass-
achusetts
Avenue (Munroe East Lexington) . Apro-
posal to sell this lot was advertised in the October
17, 1957 issue of the Lexington Minute-man. No
persons contacted the Selectmen's Office as a result
' Tax title of the advertisement.
Upon motion of Mr. Reed, seconded by Mr. Tucker,
it was voted that the offer be accepted and that Lot
5 Massachusetts Avenue (Munroe East Lexington) be
sold and conveyed to Mr. Maloney.
The meeting adjourned at 11:35 P.M.
A true record, Attest:
xec tiv Jerk Select'n
N kJ5