HomeMy WebLinkAbout1957-10-07-BOS-min 39
SELECTMEN'S MEETING
October 7, 1957
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday evening, October 7, 1957 at 7 :30 P.M.
Messrs. Reed, Maloney, Tucker and Mrs . Morey were
present. Mr. Stevens, Town Counsel, Mr. Gayer,
Superintendent of Public Works , and the Executive
Clerk were also present.
Upon motion of Mrs. Morey, seconded by Mr.
Tucker it was voted to appoint Mr. Reed as Acting
Chairman.
Mr. James J. Carroll, Town Clerk, met with the Juror
Board for the drawing of one juror. Mr. Percy F.
Crowell, electronic technician, 11 Sherburne Road,
was drawn for jury duty.
Mr. Carroll retired.
Hearing was declared open upon the petition of
the Boston Edison Company and the .New England Telephone
and Telegraph Company for relocation of one pole on Pole
Spring Street. location
Mr. Mahon, representing the Boston Edison Com-
pany, was the only person present at the hearing.
Mr. Mahon reported that Robert J. Trebino has
requested that the pole be relocated to the lot
line in order to give him relief to his driveway.
He explained that he looked at it today and the
pole appeared to be directly in front of the man's
driveway.
Mr. Stevens asked if the pole was on the same
side as the driveway and Mr. Mahon replied in the
affirmative. He said he met Mr. Trebino while he
was there and he indicated that he intends to hot-
top the driveway.
Mr. Mahon explained that the wires from this
pole cross Mr. Trebino's property to service the
Kilgour house.
Upoh motion of Mr. Tucker, seconded by Mr.
Maloney, it was voted to grant the petition and
sign the order for the following j/o pole re-
location:
Spring Street, northwesterly side ap-
proximately 585 feet northeast of
i
40 �
Shade Street, -- one pole.
(One existing pole to be re-
moved. )
Hearing was declared open upon the petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
i/o pole on Raymond Street.
Pole Mr. Mahon was the only person present at the
location hearing.
Upon motion of Mr. Maloney, seconded by Mrs.
Morey, it was voted to grant the petition and sign
the order for the following pole location:
Raymond Street, northeasterly side
approximately 65 feet southeast
of Clark Street, -- one pole.
Mr. Mahon retired at 7:40 P.M.
Mr. Stevens. presented a plan and indicated land
of G. 0. Anderson & Son, Inc. to be conveyed to the
Boston Edison Company, He mentioned that last week
G. 0. the Board released the sewer and water betterment
Anderson assessment for Winter Street, and said there was a
betterment sewer betterment put on in connection with the sewer 111put in Bedford Street. He submitted a request
from G. 0. Anderson & Sons, Inc. and the Boston
Edison Company asking that the sewer betterment as-
sessment be divided into three parts; first on
parcel A now owned by the Boston Edison Company;
the second on land still owner by Anderson lying.
between a portion of parcel A and Bedford Street.
Mr. Anderson is asking that the betterment on the
remainder of the land be postponed under the special
Act.
Mr. Stevens explained that the original better-
ment assessment was $3,317.86. Mr. Gayer computed
that the amount would be $]14 .5.39 if the fifty-foot
frontage were used and Mr. Stevens said he assumed
that amount should be put on Parcel A, and the total
would be $436.18. Taking $436.18 and subtracting
$145.39 leaves $290.79 for the second parcel which
would leave a balance of $2,881.68 postponed under
the provisions of Chapter 159 of the Acts of 1950.
Upon motion of Mr. Maloney, seconded by Mr.
Tucker it was voted to divide the sewer betterment
as follows :
Parcel A as shown on a plan entitled "Plan of Land
in Lexington owned by G. 0. Anderson & Sons, Inc. ,
to be conveyed to Boston Edison Co." dated July 10,
1957 - $145.39.
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Land still owned by G. 0. Anderson & Sons, Inc.
lying between a portion of said Parcel A and Bed-
ford Street and bounded northwesterly by an ex- Sewer
tension bo Bedford Street of the most northwester- betterment
ly boundary of said Parcel A - $290.79. divided.
Remaining land of G. 0. Anderson & Sons, Inc . -
$2,881.68.
Upon motion of Mr. Maloney, seconded by Mr.
Tucker, it was voted under the provisions of Chapter 159
of the Acts of 1950, to extend the time for payment
of sewer betterment assessment in the amount of $2,881.68,
without interest, on remaining land of G. 0. Anderson
Sons , Inc. until said land or any part thereof is built Sewer
upon, sold, or until the expiration of three years betterment
from the date hereof, whichever event occurs first, deferred
provided, however, that this extension of time shall
terminate immediately if the facilities of the sewer
are used for said land or any part thereof.
Mr. Stevens reported that Mr. Smith, Superinten-
dent of Schools, called him last week and said that
Ernest J. Corrigan is continuing to go across the
IIschool land to get into his subdivision. Mr. Stevens
reported that Corrigan's attdrney told him that Corrigan
had made other arrangements and was going in over the
land of an abutting owner and was paying compensation
for it. He asked Mr. Gayer to check today to see what
was being done.
Mr. Gayer reported that Corrigan is still using
the school land.
Mr. Maloney asked how much he was using it and
Mr. Gayer replied just to go in and out.
Mr. Maloney reported that he has been over there
many times and didn't see any excess use at all.
Mr. Stevens said he applied for an extension of
time to use the land after September 3rd and the
School Committee denied it. He said he told Mr. Corrigan's
Smith he would bring the matter up this evening to use of
find out whether or not there is anything the Board school lank
wanted to do. He asked if the Board wanted to inter-
cede for Corrigan with the School Committee.
Mr. Maloney asked about the town's agreement and
when it is supposed to do the work.
Mr. Stevens replied that the Town will do the
work after certain things have happened. Those things
have happened and the Town is supposed to do it.
The water and sewer should be in before the street is
finished. He said he told Corrigan's attorney the
Town would not treat their having put in the water and
sewer as a waiver and in the interest of getting the
road built, they should work out *ith Mr. Gayer the
joint operation. They will have to put in the water
and sewer.
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Mr. Maloney asked if the Town was obligated to
put in the water and sewer and Mr. Stevens replied
that in his opinion the Town is not.
Mr. Maloney said that the road is going in by
the School and the Board has never abandoned the
original idea.
The Chairman said that the Board put the road in
with the idea of connecting to the development. There
never was any idea until the suggestion was made to
put it on the land they took under option for Worthen
Road.
Mr. Maloney said Corrigan could not be stopped
from using the road because it has never been
abandoned.
Mr. Stevens said that whatever was in the mind of
the Board when that drive was built gave Corrigan,
Baskin or Ryder no rights. He said the Board is going
ahead with the construction of the road, but it has to
work out putting in the water and sewer so the con-
struction won't be delayed. That is what Corrigan was
supposed to do but he didnt do it. The answer
Corrigan's attorney gave to Mr. Stevens to the denial
of the School Committee was that his client had made
other arrangements. He said he thought Corrigan should
take or position or another. ,
Mr. Maloney said it seemed ridiculous because
last year there was more trucks and equipment over
there and there never was a complaint.
Mrs. Morey said that Corrigan said he would be
out and he is not out. That is all that is bother-
ing Mr. Smith.
The Chairman said he could not understand how
the School Committee could refuse him as that was
supposed to be ari access road and it was the full
intent all along.
Mrs . Morey suggested advising the School Com-
mittee that until the other access has been construct-
ed, Corrigan should be allowed in there .
The Chairman said he would like to have the
Board write a letter to the effect that the Selectmen
feel that, until the road is constructed for Corrigan
on Waltham Street, he should be entitled to the use
of the access road which goes through the school
property.
Mr. Maloney said that the Town is obligated to
give Corrigan a Board of Survey Street and put it in
the way it is supposed to and then let him worry
about the water and sewer.
Mr. Stevens said that Mr. Gayer cold work out
somthing with Mr. Corrigan which would be to the best
advantage.
43
Mr. Maloney suggested that the Board proceed
with what the Town is supposed to do and ignore the
water and sewer if that is Corrigan 's problem.
Mr. Stevens presented a plan of land owned by
Miller, Ives and Gray taken for the Junior High
School and said he was submitting it just to find out
if there were any questions about it. He pointed out Junior
parcels A and B on the plan and said the Town expects High
to give B and take C, and if that is so there is a School
building on it. He pointed to a line on the plan and Land
asked if it was still the intent to go to that line
and Mr. Maloney replied in the affirmative .
Mr. Stevens reported that he had contacted the
Town Counsel in Arlington relative to the proposed
station closings by the Boston & Maine Railroad. The
Arlington Board of Selectmen voted last week to oppose
it. Even though Arlington is in the M.T.A. district,
they feel the trains should continue to run and are
going to discuss the subject further.
Mr. Stevens said Lexington should ask the D.P.U.
to set Lexington trains down for a seperate fearing
with the hope that the question of freight profits
11 might be brought up.
Mr. Alexander D. Traill met with the Board. Mr.
Gayer presented a plan showing Curve Street and three
properties, 905 A, B and C Massachusetts Avenue and
explained that in order to get the sewer line low Sewer
enough to serve these properties, a section of the 905 A, B,
Curve Street sewer will have to be rebuilt. He ex- C Mass.
plained that Mr. Traill is using Mr. Doran's septib Avenue
tank and the other owner is not interested in the
sewer.
The Chairman said as he understands the situa-
tion Mr. Doran and Mr. Traill are not interested in
a connection charge but want a betterment charge
which can be apportioned over a period of years.
Mr. Traill said as fas as he knows, Mr. Randolph
will give the easement.
The Chairman reported that Mr. Doran assured
him that Mr. Randolph will give a temporary ease-
ment during construction. Mr. DorAn's concern is
whether there will be a connection charge or a
betterment charge.
Mr. Traill asked if it was up to the Board to
decide and the Chairman replied in the affirmative
and explained that the Board wanted to check with
Town Counsel. Mr. Stevens agreed to a betterment
charge.
Mr. Gayer explained that the owners would still
have to pay from a point which he indicated on the
plan to the house.
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Mr. Reed said they understood the house connec-
tion charge .
Mrs. Morey said that the third house would
eventually need the sewer.
Mr. Traill said they have water down the right
of way from Massachusetts Avenue and it serves the
three homes. He said they don't have much pressure
and would like to be connected.
Mr. Gayer said that is a service and as such
they would have to pay for it but this subject has
never been discussed with him.
The Chairman said that if the sewer is put in
now and these two gentlemen are charged btt serments ,
the third property owner should be charged now.
Mr. Maloney asked how expensive this would be
and Mr. Gayer replied that he did not know. He said
it would be about seven feet deep along most of the
time.
Mr. Traill said it is about 900 feet to the middle
of Curve Street.
The Chairman asked if he was sure about the dis-
tance and Mr. Traill replied in the affirmative .
The Chairman said that betterments would be
charged so the payment could be apportioned over
a period of years . The cost would have to be estima-
ted by Mr. Gayer.
The Chairman said that the owner of the third
house should pay a portion of the betterment charge
because the sewer will be available to him whenever
he wants it. He said the Town would be running a
sewer in for two houses which then becomes available
at a later date to the third house. He asked how
the Board could change these two people a betterment
and not the third owner.
Mr. Traill asked if the third property owner
could be charged if he does not want the sewer.
The Chairman explained that usually if 65% of
the property ownensrequest a sewer, it is put in
regardless of the fact that there are those whb do
not want it.
Mr. Gayer said it could be put in and these two
lots charged just as if they were out on Massachusetts
Avenue and then extend it at a later date.
The Chairman asked if he was talking about a
connection charge or a betterment and 1!r. Gayer re-
plied he was talking about a betterment.
Mr. Gayer asked if Mr. Traill would like to
approach the third owner now and the Chairman said
before he did that, he should find out what the
amount of the betterment will be.
Mr. Gayer said that he would let Mr. Traill and
Mr. Doran know what it will cost them and then give
45
II them a figure as to what it will cost the third in-
dividual so they can discuss it with him.
Mrs. Morey pointed out that if Mr. Traill and
Mr. Doran's water service is bettered, the service
in the third house will be bettered.
Mr. Gayer said he was not sure about connecting
with the water end he would like to checks the plans
on that.
The Chairman said that Mr. Gayer would give Mr.
Traill an estimate of the cost.
Mr. Traill retired.
Notice was received from the Department of Public
Utilities advising that the hearing relative to the Crossing
Woburn Street grade crossing which was scheduled for
today had been cancelled.
Copy of letter t dd# 8it� evens from the Board of
Appeals was received/that ReNsrs. Nickerson and
Ripley will represent the Board of Appeals on a Sign
Committee to study the matter of signs with a view Committee
to rewriting a By-Law so that it can be enforced.
Mrs . Morey said she would be willing to rep-
resent bhe Board of Selectmen and it was also agreed
11 to have Mr. James, as Chairman, represent the Board.
Letter was received from the Emergency Finance
Board, together with two votes, authorizing the Town Borrowing
to borrow in accordance with Chapter 645 of the Acts authorized
of 1948, for construction of two elementary school
additions.
The Chairman read a letter from the Lexington
Golf Club relative to additional parking space in
the vicinity of the Club. The Club feels that a
suitable area appears to be possible about 200 or Golf Club
300 feet easterly of the Club house. When Hill parking
Street was relocated, there was left an unused or
abandoned strip of the former travelled way. The
Club would like to know if this strip can be made
available for parking.
Mr. Maloney asked if the Town had full rights
in the street and Mr. Gayer replied that it is
something that should be discussed with Mr. Stevens .
He said there is no record of any takings or givings.
Mr. Stevens asked if this was it County layout
and Mrs. Morey replied that the County built it under
Chapter 90.
Mr. Stevens explained that on Chapter 90 work
the County makes the layout. He explained that if
the Town lays out a town way and deviates from the
location of the private street, the rights of the
46
portion retained by the Town are not lost but are
still there . If there is once a town way and the
Town relocates it, any part that is not included in the
relocation is considered to be abandoned. He explained
that the Town does net have any right in the land
which was abandoned unless it has a fee and he did
not know if the Town had a fee. He said if this is
a town layout over a previously unaccepted street,
then the Town has no rights.
Mr. Gayer presented a plan which he explained
to Mr. Stevens who said that either way one looks
at it, the Town has no control of that portion and
he did not see why the Club could not use it. He
recommended that the Board just write a letter say-
ing it could see no reason why the Club can't use
the land.
Mr. Joseph Fitzgerald and another gentlemen
met with the Board relative to a petition, sub-
mitted by Mr. Fitzgerald, requesting the Town to
prohibit hunting in the Great Meadows.
Mrs Fitzgerald said the hunters are supposed
to be in the Meadows but they come right up to the
houses. He explained that many of the people who
signed the petition have bullet marks in their
houses .
The Chairman explained that hunters must ob-
tain permission from the Town of Arlington to
hunt and they also have to obtain permission from
the Chief of Police or Board of Selectmen in Lex-
ington. He said that to prohibit all shooting
in the Town of Lexington would require a vote of
Town Meeting, and the Selectmen have no authority
Hunting to restrict hunting.
Great Meadows The Chairman said, as he understands the
petition, the people want hunting prohibited only
in the Meadows and Mr. Fitzgerald said that is what
he is concerned about.
Mr. Stevens explained that hunters have to
obtain written permission from the owners of the
land and the Chief of Police.
The Chairman said the only alternate is to
have the Chief of Police refuse to issue permits
to hunt in the Great Meadows .
Mr. Fitzgerald asked if hunters could be arrested
if they came up onto private property and the Chair-
man replied in the affirmative . He explained that
they are not allowed to shoot within 500 feet. of any
building.
Mr. Fitzgerald said that the Town of Arlington
has a list of names of persons who have been given
permission to hunt in Lexington.
47
Mrs . Morey said the Board should get that list
and check it with the Chief of Police.
The Chairman reported that usually the Chief
has a list of the locations where the hunters are
going.
Mr. Maloney suggested that the Board write a
letter to the Chief and ask how many people have
permits and advise him that hunting in the Great
Meadows creates a hazard.
The Chairman pointed out that the Chief does
not have any knowledge of this petition andriny
have already issued some permits, but the Board
could find out what he has done.
The Chairman said that the Board would talk to
the Chief and find out who has permits and see if
the hunting can be curbed. He said the Board may
instruct the Chief to limit the permits.
Mr. Fitzgerald and the other gentlemen retired
at 8 :50 P.M.
It was agreed to write Lieutenant Corr asking
if permits have been issued this year for hunting in
the Great Meadows and ask to have any further grant-
ing of permits held up until the Board has discussed
the matter.
Further consideration was given to Mr. Robert
Sherman's request for the extension of a water main
to service his house at 14 Ridge Road .
Mr. Gayer presented a plan showing the property
owned by Mr Sherman and also the property owned by
Mr. Wasilec, and pointed out the land he assumed
Mr. Sherman was referring to in his letter of
September 30th.
Mrs. Morey asked if Mr. Sherman owned both sides of
the street and Mr. Gayer replied in the affirmative.
The Chairman said no indication has been given
that he could not purchase additional land. He said Ridge Rd.
he would be in favor of deferring the water better- water
ment assessment, but would not be in favor of abat-
ing it as someone could build on the land.
Mr. Gayer indicated Mr. Wasilec 's property and
explained that he also owns a mall strip on the
other side and •that is evidently what he is con-
cerned abput.
The Chairman said that the betterment on that
aide of the road could be deferred for a period
of three years, but he did not think the Board
should abate the betterment.
Mr. Gayer asked if he should make up an
estimate and the Chairman replied in t•he affirmative .
He said the Board would tell Mr. Sherman that the
betterment may be deferred but not abated.
48
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Mr. Stevens said he had a contract on the
voting machines which was given to him by Mr.
Carroll just before he came into the meeting
Voting this evening. Inasmuch as the vote authorized
machines the Selectmen, it calls for the signature of the
Board.
Mr. Gayer referred to water in Winter Street
and reported that he has discussed the subject
with Mr. Stevens. He reported that the main was
put in from Rangeway to Grove Street and no bet-
Winter terments were charged. Now there are people
Street wanting to connect to the main and he asked if
Water they should be charged an amount equal to the
betterment.
Mrs. Morey asked why no betterments were
charged and the Chairman replied that there were
no houses there.
Mr. Stevens said that there was no Order
for the construction. He said this came up
some years ago and the Town has no easement there.
Mr. Gayer presented a plan which he said
was. used as a basis for determining where the
main was to be put.
Mr. Stevens reported that the Planning Board
took the view this was not a street Within the
meaning of the subdivision control laws . Then
it turned out that this was being used and plow-
ed by the Town. A strong argument was made that
this was a subdivision street. If they laid this
out forty feet and gave the Town an easement for
a water line, the Planning Board would then endorse
it Approval not Required. The Town would then have
a water line easement. He said he never heard any-
thing more about it until he was told some time
later that there was a water line in it, which was
not put in under the Betterment Act.
The Chairman asked where the houses are now
getting water .and Mr. Gayer replied that about eight
houses are connected and never paid a betterment
or any connection charge. They did pay for the cost
of the line from the main into the house.
Mr. Gayer said now there is a house under con-
struction and the builder has applied for water. He
asked if he should charge him an amount equal to the
betterment.
The Chairman said that there are now eight
houses connected and asked if anything could be done
at, this late date.
Mr. Stevens replied in the negative.
The Chairman asked how, out of fairness to the
man building the house, the Board could charge him.
Mr. Gayer asked what he would do from here on
49
and the Chairman asked how many there are.
Mr. Gayer replied that there are a lot.
Mr. Stevens said the Town owns the water line.
The Chairman said he thought the Board should
request acceptance of Winter Street.
Mr. Stevens said it is all laid out and shown
on a land court plan.
The Chairman told Mr. Gayer to furnish the
water but not to do anything about it.
Mr. Stevens said he did not see how the Board
could now charge him.
Mr. Stevens retired at 9:25 P.M.
Notice was received from the New England Telephone
and Telegraph Company relative to abandonment of a Pole
j/o pole on Massachusetts Avenue, northerly side, abandoned
approximately 6G feet west of Estabrook Road.
The Chairman read a letter from the Lexington
Historical Society recommending the erection of a
sign at Five Forks directing traffic to Lexington Center.
The Board agreed with the recommendation ant9 Sign
instructed Mr. Gayer to have an appropriate sign
erected.
The Chairman read a letter from Henry C. Little-
john, 24 Adams Street, suggesting that the Town con- Traffic
aider adopting "Yield Right of Way"signs for vehic- Sign
ular traffic.
The Chairman was authorized to refer the sub-
ject to the Traffic Study Committee.
The Chairman read a letter from Mr. Gayer in
reference to Mr. Collin S. Campbell 's recent letter
in regard to the installation of a sanitary sewer
in Minute Man Lane . The letter explained that at
no time were there any plans to install a sewer Campbell 's
main on that part of Minute Man Lane on which sewer
house 2409 Massachusetts Avenue faces. The studies assessment
and plans which were made by Whitman & Howard in-
dicated from the beginning that this house would be
served from Massachuset �s Avenue .
Mr. Gayer thought/IJ4iibly Mr. Campbell was
referring to the fact that he was assessed on
Minute Man Lane and the method of assessment used
follows the policy of the Engineering Department
and does not necessarily indicate the actual loca-
tion of the sewer in the street. Furthermore, had
Mr. Campbell's assessment been made on Massachusetts
Avenue it would have been about $40 higher due to
the fact that he has more frontage on Massachusetts
Avenue.
50
Mr. Gayer suggested that Mr. Campbell contact
the Engineering Department if he has any further
questions.
The Chairman was authorized to send Mr. Camp-
bell a copy of the letter.
Mr. Gayer said that Mr. Busa on Grant Street
has a bridge across the brook. A wooden bridge
was constructed in W.P.A. days and this was re-
built by the Town in 1950 when a concrete bridge
Busa Bridge was constructed. Last night the bridge was dam-
Grant St. aged due to the heavy rain and Mr. Busa has request-
ed the Town to repair it. Mr. Gayer asked if
this was a Town function.
Mr. Maloney asked about the extent of the
damage and Mr. Gayer replied that it took out one
of the piers.
Mr. Stevens said that the Town is not respons-
ible unless it assumed it in some way.
Mr. Maloney milted how the Town could construct
the bridge end not be responsible.
Mr. Stevens explained that it may have found it
cheaper to put in a good bridge.
Mr. Maloney asked how much it would bolt to re-
pair it and Mr. Gayer replied that he would have-
the answer tomorrow.
Mr. Stevens said it might be well to have an
understanding now that this is the last time.
The Chairman said he would meet Mr. Gayer in
the morning and go over to see Mr. Busa.
Mr. Stevens retired at 9 45 P.M.
Mr. Louis J. Visco's letter requesting per-
mission for a sidewalk from his driveway to the
corner of Hastings Road was held over.
Sidewalk Mr. Gayer reported that Mr. Visco wanted to
put in a sidewalk iron his driveway which is part
way into the road to the Town in the Town direct-
ion. He advised Mr. Vasco that if the Town partic-
ipated in a sidewalk, it would have to go all along
his property because the abutting owner might want
to put in a sidewalk also. He has not heard any-
thing further from Mr. "Visco.
Further considerationiwas given to the con-
struction of a Sidewalk on Massachusetts Avenue
extending from Cedar Street a distance of 3200
feet more or less.
Mrs. Morey suggested putting it in as it is
Sidewalk with the reservation that any trees by staying up
would not narrow the sidewalk less than four feet
and keep the line straight, that it be so left and
the property owners be notified that if any damage
is done to the property they will not complain.
51
Mr. Maloney instructed Mr. Gayer to put the
sidewalk in and use his own judgement.
Mrs. Morey said to put the sidewalk in per-
fectly straight and narrow it where necessary to
save trees.
Upon motion of Mr. Tucker, seconded by Mr.
Maloney, it was voted to sign an Order for the
installation of a sidewalk along the northerly
side of Massachusetts Avenue, extending from
Cedar Street, westerly a distance of 3200 feet
more or less, in the following form:
MASSACHUSETTS AVENUE
Middlesex, as . Town of Lexington
WHEREAS, the Town of Lexington at a Town Meeting
duly called and held on March 18, 1957, and adjourned
to the 25th day of March, 1957, duly adopted under
Article 18 of the Warrant the following vote:
"VOTED: That the Selectmen be and they hereby are
authorized to construct concrete, bituminous concrete or
other sidewalks, at such locations as they shall determine,
where the abutting owner pays one-half of the cost or
otherwise, and to appropriate therefor the sum of $50,000.00,
and to provide for payment thereof by transfer from the
Excess and Deficiency Account."
NOW THEREFORE, We , the undersigned being a majority
of the Board of Selectmen of said Town of Lexington,
duly elected qualified and acting as such, do hereby
pursuant to said vote and under provisions of Chapter 83
of the General Laws, as amended, and of any and every
other power and authority us hereto in any enabling
determine that public convenience requires the
establishment of a sidewalk along the northerly side
of Massachusetts Avenue, a public way in said Town,
extending from Cedar Street westerly a distance of 3200
feet, and it is therefore;
ORDERED that a bituminous concrete sidewalk
be constructed along the northerly side of Massachusetts
Avenue, extending from Cedar Street westerly a distance
of :3200 ± feet and that one half of the cost thereof be
assessed upon the abutting estates.
Annexed hereto and made a part hereof is a schedule
of the owners of said abutting estates and an estimate
of the assessments upon them.
Witness our hands at Lexington aforesaid this
seventh day of October, 1957.
Ruth Morey
William E. Maloney
Ralph H. Tucker
Majority Board of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . Lexington, Mass.
October 7, 1957
Then personally appeared William E. Maloney,
Ralph H. Tucker and Ruth Morey, and severally acknowledged
the foregoing instrument and statement by them subscribed
to be their free act and deed .and the free act and deed
of the Board of Selectmen of the Town of Lexington,
before me.
Hazel J. Murray
Notary Public
My commission expires Nov. 29. 1957
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Owner as of
January 1, 1957 Lot No. Frontage Assessment
Mary H. Green B 83.77 $83.77
Hanna B. Breslin 100.0 100.0 '
53
'' Owner as of Lot
January 1. 1957 Number Frontage Assessment
Frank P. k Mary E.
Rycroft, h/w 60.0 060.00
Gardner P. & Hazel
D. Ladd, h/w A 164.15 164.15
George E. & Sonja F.
Stone, h/w A 144.5 144.50
Roy & Ethel M.
Johnsen, h/w B 75.0 75.00
Community Nursery
School,. Inc . 325.0 325.00
Albert T. & Janet W.
Pitt, h/w 85.3 85.30
Dennis McNamara 85.0 85.00
James L. & Winifred M.
I
Sullivan, h/w 73.0 73.00
John Sullivan 125.00 125.00
Edwin H. & Hazel P.
Davenport, h/w 22 136.69 136.69
James F. & Ruth M.
Andrews, h/w 23 134.00 134.00
Jules P. & June E.
Sussman, h/w 24 134.00 134.00
John & Gabriella
Fernandes , h/w 25 125.00 12.5.00
John K. & Virginia C.
Clymer, h/w 26 125.00 125.00
Gerhard R. & Anne Marie
MicZaika, h/w 27 12.5.00 125.00
Robert K. Taylor 28 125.00 125.00
Oscar R. & Garnet W.
II
Reed, h/w 29 125.00 125.00
54
Owner as of '
January 1, 1957 Lot. No. Frontage Assessment
Isadore D. & Virginia
M. Larkin, h/w 38 133.91 133.91
Johanna P. M. Versteeg 37 110.00 110.00
Lawrence K. & Alice A.
Casey, h/w 36 101.0 101.00
The Chairman read a letter from Mrs . John
F. Noonan, 12 Kimball Road referring to a petition
Light that has been circulated in the neighborhood re-
Shield lative to a street light in front of 8 Kimball Road.
She did not understand what the petition was for. If
it is for a shield she would have no
objection, but she would strongly object if it is to
have the light removed.
The Chairman was authorized to advise Mrs .
Noonan that a request had been received by the
Board for a shield on the light at 8 Kimball Road.
The Chairman read a letter from Mrs. Daniel
E. Foran, 36 Lawrence Lane , calling the Board 's
attention to offensive garbage odors emanating
from a local piggery.
Complaint The Chairman was authorized to acknowledge
the letter, send a copy to the Board of Health
and also call it to the attention of the owner
of the piggery.
Application was received from Philip G.
Licenses Whitney, 32 Crawford Street, Arlington and
Theron W. Osgood, 63 Gleason,Road, Lexington
for a Common Victualler and Sunday Sales
License, to do business at 865 Massachusetts Avenue,
the Corher Variety Store .
Satisfactory character references were re-
ceived from Acting Chief of Police.
Upon motion of Mr. Maloney, seconded by Mr.
Tucker, it was voted to grant the licenses.
Further consideration was given to the subject
of whether or not the American Legion should pay
the janitor's overtime fee for services rendered on
September 9th, Annual Installation of Officers.
The Chairman said that the policy of the Board,
when the budgets were being prepared, was to include
money in the Public Works ' budget to pay the Janitors
for all fees incurred by any group renting Cary
55
Memorial Building. When a group rented the building,
they were to be charged janitor's fees and were to
be billed by the Town and the Town was to pay the
janitor from the amount of money included in the
budget.
Janitors are not to be paid by anyone using the Janitor's
building, and all organizations , not Town organiza- fees for
tions, using the building are to be billed by the Town. overtime
With regard to the Legion, the Chairman was
authorized to advise the organization that no charge
was made for the use of the hall but that the janitor
should be paid and enclose a bill for the same.
The Chairman read a memo from Mr. James relative
to the water situation.
Mr. Gayer said the Board could order the ban
lifted and see what the results are but once lifted
it is difficult to put it back on again.
Mr. Maloney said if the ban is off, something
could be put in the paper to the effect that it may
have tanbUt Cii again. He said it could be tried
but it would incur much more trouble.
Mrs. Morey pointed out that the ban is not be- Water ban
ing enforced now, and she thought one sound truck
out for a couple of hours would take care of it,
but Mr. Gayer did not agree.
Mrs. Morey suggested that the ban remain in
effect and the sound truck used. She said if the
Board continues the ban, she felt it should be en-
forced.
It was finally decided to insert a notice in
the paper advising that the ban has been lifted
strictly on a trial basis. Co-operation by con-
sumers in limiting the use of outside water to bare
necessities is requested and if it is found that
adequate pressure cannot be maintained under these
conditions , the watering restrictions will once
again be put into effect.
The .meeting adjourned at 10:30 P.M.
A true record, Attest :
-E ec tivez-Cler1t, Select en