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HomeMy WebLinkAbout1956-08-27-BOS-min I 111 SELECTMEN'S MEETING August 27, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 27, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, Tucker, Mrs. Morey and the Executive Clerk were present. Mr. Gayer, Superintendent of Public Works, was also present. Mr. James J. Carroll, Clerk to the Board of Jurors Registrars, met for the drawing of three jurors. The following individuals were drawn for jury duty: Robert P. Buckingham, Sales Engineer, 136 Bedford Street; James A, Stone, Salesman, 253 Lincoln Street; Vincent J. Fopiano, Engineer, 74 Middle Street. Mr. Carroll asked if Mrs. Morey had given any further consideration to the subject of locating Precinct 5 Precinct 5 at the Central Fire Station. location The Chairman reported that Mr. Carroll had re- changed IS ceived complaints relative to elderly people en- countering difficulty in climbing the stairs and also relative to the lack of parking facilities. He said the Public Works Building was at one time considered but to get into the room the voters would have to go through the garage and it is impossible to keep the mechanics quiet. He said that Mr. Carroll felt the Central Fire Station could be used. Mr. Maloney said that many people have complained about going to the Parker School because of the stairs. Mr. Carroll referred to the Public Works Huilding and said that trucks would be going in and out and he thought the Central Fire Station would be a good place* He stated that the equipment would not have to be taken out and the new door makes a seperate entrance. Furthermore, there is ample parking space in the rear, The Chairman said he thought the Central Fire Station would be much better than the Parker School and that the rescue truck and ambulance would have to be taken out. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was unanimously voted to eliminate the use of Parker School for voting and to locate Precinct 5 in the Central Fire Station. Mr. Carroll retired. 2 Caal Hearing was declared open upon petition of the Pole Boston Edison Company and the New England Telephone location & Telegraph Company for permission to locate one pole on Castle Road. Mr. Mahon, representing the Boston Edison Com- pany, Mr. and Mrs. Oscar R. Carlson, 23 Hayes Avenue and Mr. and Mrs. Edward J. Gildea, 5 Castle Road, were present at the hearing. Mr. Mahon explained that permission is requested to relocate the existing i/o pole to an existing lot line from which it is planned to run a service to a home assessed to Freddrick' K. Johnson. No one wished to be recorded in opposition, and the hearing was declared closed at 7:45 P.M. Upon motion of Mr. Maloney, seconded by Mr-. Tucker, it was voted to grant the petition and sign the Order for the following i/o pole location. Castle Road, approximately 40 feet northeast of Franklin Road, -- One pole. (One existing go pole to be removed. ) Mr. Stevens, Town Counsel, arrived at the meeting' at 7:50 P.M. At 8:00 P.M, Mr. Leonard F. Collins, his collector, Mr. Hill, a hog raiser and Mr. George McFaul, of the Maryland Casualty Company, met with the Board. Mr. Collins expressed thanks to Mr. Gayer for in- viting him to meet with the Board. The Chairman explained that the Board decided to Garbage hale Mr. Collins present this evening as, which he collection probably realized, there had been an unusual number of complaints this summer relative to garbage col- lection. He said that the Board would like to know if there is some way which Mr. Collins can improve the collection. Mr. Collins replied that it can definitely be improved if rubbish in the garbage can be eliminated. The Chairman said that there was a provision in the contract whereby if the contractor gave written notice to the Board that garbage collected contained certain materials, he would not be required thereafter to collect from that particular building. Mr. Collins said that he gets them all and more. The Chairman explained that Mr. Collins should have written to the Board. Mr. Collins said that he would need a secretary and a bookkeeper. He said that he was fined last 3 month and two of the fines he definitely did not feel were justified. The Chairman said that the Board would like to know how it can help Mr. Collins and how he can help the Board. He said he did not think the answer was rubbish in the garbage and Mr. Collins said that was a large part of it. He said Lexington is one of a few towns that does not have rubbish collection and there- fore he is getting it in the garbage. He said he brought a hog farmer in this evening, one of the largest in the area, to whom he tried to sell his garbage. The Chairman said this situation had never been brought to the Board's attention and it was Mr. Collings fault for not advising the Board. Mr. Collins said that what he sells of the garbage amounts to $8.00 a load and that size - truck should be bringing in $20 or $26 a load. He said the profit is in the garbage. He further stated that there has been a building boom in Lexington and they have not been able to keep up with it. The Chairman stated that Mr. Collins bid the same price for three years knowing that the town was in- creasing. He said the Board realizes that the profit is in-the garbage and also realizes that the price of hogs is so low that he is making less. IIMr. Collins said that if he could sell a whole lead, it would help. him out for sure. This gentlemen has bought more garbage than any farm around here and would be willing to take it at a reasonable price. He said there is bound to be rubbish because there is no rubbish collection. He said that for instance, the load Mr. Hill picked up today was full of apples. He said he would go around, make notes and send the Board a letter. The Chairman said that if the trouble is rubbish, the Board could send out notices which might eliminate a good portion of it. Mr. Collins said that he did not think it Was fair that he had $15 taken off his check last month. Mr. Maloney asked if he felt that he was doing a good job and he replied that, undei' conditions, he thought he was. the Mr. Maloney asked if he could do a better job and he replied he definitely could if the rubbish is elimi- nated. Mr. Maloney asked if that was his only complaint and he replied that without the rubbish he can dispose of the garbage and that will help him out. Mr. Maloney said that the rubbish could not be eliminated and it was too big a problem to try. I 4 Fita N Mr. Collins said he thought so himself and the only solution is rubbish collection. The Chairman said that the Board is trying to find out if the only problem is rubbish and Mr. Collins is not saying. Mr. Maloney asked if the situation was always this way and Mr. Collins replied that it was but now it is worse. The Chairman said that when he first had the con- tract he was picking up himself on specials. 1r. Collins said that he is now every day. He said if there is anything wrong, he gets it. The Chairman asked if he thought he had given the Board the answer, just rubbish. Mr. Gayer said that there is between eight .and nine days on the collection and Mr. Collins said he doubted that. Mrs. Morey asked if any place was collected more than once a week and Mr. Collins replied in the affirms. tive. Mr. Collins said he has to walk his own way and does not want to come crying to the Board. Mr. Maloney asked if three trucks were enough to give the town the service the contract calls for and Mr. Collins replied in the affirmative. He said he was doing a pretty good job and last year during the corn season he put on a third truck. Mr. Maloney asked how he proposed to take care of it next year with all the houses being built and go- ing to be built. Mr. Collins said that if things don't straighten out maybe he will let the bonding company take it over as they have already been contacted. He said the con- tract calls for garbage and he is getting everything but garbage. He said that the only one protected in this contract is the Town. He said he did not like to pick out houses, but everything is being put in the garbage. Mr. Gayer asked if he ever covered the whole town and picked up twice a week since he had the contract. Mr. Collins said that he did it every fifth day and never had any complaints. He said that the corn season/during the hot weather is the only time /and there are complaints. He said that he tries to eliminate trouble and never wanted to come in before the Board. Mr. Gayer said he wanted to see if there were something that could be done to help Mr. Collins. ti Mr. Maloney said that the rubbish is not going to be eliminated and it is going to be a problem,. Therefore, the Board is asking Mr. Collins to tell it how to give a reasonably good collection with all these conditions. Mr. Collins said that with the building of more houses he will have to put on another truck and ask the town to help him out. Mr. Maloney said that Mr. Collins should not be tpo proud. The situation is severe and it is going to get worse. The Chairman asked, if rubbish cannot be elimi- nated, how could the town help and Mr. Hill replied by appropriating more money and putting on more trucks. Mr. Collins said that he knew what he was doing when he bid this contract but 1:4 did not know that the price of hogs was going down to nothing. Mr. McFaul asked what it cost to operate a truck for a year and Mr. Collins replied that if the gar- bage was worth what he could sell it to this man for -- Mr. McFaul asked if he rented the trucks and Mr. Collins replied that he owns them. Mr. McFaul asked the cost of the truck and man for one year. Mr. Collins said that if he could get the gar- bage and his profit, he would come out on top under normal conditions. Mr. McFaul asked if he kept a cost record and Mr, Collins replied not for each individual truck. Mr. McFaul asked what it cost to buy a truck and Mr. Collins replied that it is close to $3,000 for the body and the truck is $2300. Mr. McFaul asked how much the mants salary would be for a year and Mr. Collins replied that he was not prepared to say. Mr. MoFaul asked if it were about $6,000 and Mr. Collins replied that it is more money. Mr. McFaul said that the truck would be amor- tized in a year and $7,000 for the man makes $8,000 a year. He asked if $8,000 more a year on the con- tract would help. Mr. Collins Paid if hogs were worth a half reasonable price, that would help. He said he bid the contract on a 24 market and knew what he was doing. He said he has made money in the past on hogs. Mr. McFaul asked if he had $10,000 a year for an extra truck, would it make a difference and Mr. Collins replied definitely. Mr, McFaul said then all these things would amount to $10,000 for the next year. G N Mr, Collins said that he had thought about -asking for $5fo00 er $8,000 but has been trying to get by. Mr. MWFaul said he had to think of a wholey ear ahead. In order to give good service, Mr. Collins must be in a position to put, the truck on when he needed it. He asked if Mr. Collins were in a position now to ask the Board to re-negotiate the contract and ask for an additional sum. Mr. Collins said he would like to think that over, Mr. McFaul said it was a business arrangement. Mr. Maloney said it would be a good idea for Mr. Collins to think about it as he has no figures to go on. He said Mr. Collins shduld come in with some concrete example of what it is costing. The Chairman suggested that Mr. Collins go home, figure out how the Board can help him and tell what the amount would be. He said there will be a Fall Town Meeting coming up. Mrs. Morey asked if there could be a card for Sash collector to carry in his pocket to be left at the houses where there is rubbish in the garbage advising that it would cut down on the frequency of collections. The Chairman suggested that Mr. Collins figure out how the Board can help him and come in next Tuesday night with something concrete. He asked if Mr. Collins could do it in that length of time and he replied that he definitely could. The Chairman said that the Board understands Mrs Collins' problem and he understands the Board's prob- lem. He said the Board could try to eliminate the rubbish but it is not possible to eliminate it en- tirely. He said that there would be some cards printed up which Mr. Collins can give to his men. Messrs. Collins, Hill, McFaul and the other individual present retired. Mrs. Howard D. Fisk and her son, Howard, Jr. met with the Board. Pension The Chairman explained that the Board is required by law to have this meeting before any pension can be paid. He said many things the Board has to ask are personal but he assured her that whatever is discussed will be kept confidential. Mr. Stevens explained that it is a question of the need of Mrs. Fisk and the maximum pension of $1500 a year. He stated that the Selectmen determine the amount, but it is not to exceed $1500 a year and they have to have information regarding her finances. Mrs. Fisk said that she has a house at 10 Spencer L 7 Street and that is all. Mr. Stevens asked if it were a single house and if she received rent, to which she replied in the negative. Mr. Stevens asked about bank accounts or securities and Mrs. Fisk said that all she had was insurance. Mr. Stevens asked how much that was and she re- plied $1500. Mr. Stevens asked if she were employed and she replied in the negative. Mr. Stevens asked if her son lived at home and she replied in the affirmative. Mr. Stevens, asked if he were contributing to her support and he replied that he gives his mother $25 a week. Mr. Stevens asked if he were paid on the annual salary and what his weekly wage was. Mr. Fisk replied that before deductions it is abput $90. Mr. Stevens asked if there were anyone else living at home and Mrs. Fisk replied that her daughter and two children are living there but they are building a home. Mr. Tucker asked if the house were tee and clear and Mrs. Fisk replied that there is a $4,000 mortgage. The Chairman asked if that were the entire finan- ' cial set-Up and Mrs. Fisk replied in the affirmative. Mrs. Morey asked if Mrs. Fisk had a car and she replied in the affirmative. Mrs. Fisk and her son left the meeting. Mrs. Morey said that inasmuch as Mrs. Fisk has no dependents and only herself, she thought $1200 Would be enough and cited a widow with three children would then be paid the maximum. In that way, there would be a difference in the pension paid to a widow with no dependents and one with children to support. Mr. Maloney said that the $1500 maximum waa es- tablished to take care of people years ago. Upon motion duly made and seconded it was, Voted) pursuant to the provisions of Section 89 of Chapter 32 of the General Laws, as amended, a pension at the rate of $1500 a year bjaid to Mrs. Ida B. Fisk, widow of the late Captain Howard D. Fisk of the Lexington Fire Department, such annuity to be payable from April 25, 1956 the date Qt the death of Captain Fisk. Mr. Ivan W. Douglas, 60 Paul Revere Road, met with the Board relative to a First Class Agent's license. S Cil He explained that a First Class license is re. 1 quired in his business. He is a distributor under License contract for the sale of hearses and ambulances and his territory is New England. He said he does not use a showroom or do any repairs. He stated that he has a building in Somerville where he stores equip- ment, He said that he does all his own bookkeeping, orders cars and makes out bills of sales and hie accounts are checked by an auditor once a month. He said that he has purchased a, house on Paul Revere Road and would like to do what he did in Waltham; that is to make one room an office. There will be no customer traffic as the sales are made on orders and the units built to order. The only reason he is applying for a license is the fact that he had to have it to file because he is under the direction ;: of the State Bureau of Motor Vehicles. He presented the Chairman with the license that he obtained from the city of Waltham. Mrs. Morey questioned if the Board could grant a license to anyone operating a business on Paul Revere Road, a residential area. Mr. Stevens said that was the difficulty. Mrs. Morey said she assumed the license would read to do buziness at such and such a number bn Paul Revere Road, and the Board would have to watch whether it is licensing a business in an R1 district. Mr. Douglas said he thought he should license his business there as he will be keeping his books there and, according to law, the books have to be kept where the license is, He explained that the only car at his house would be his own car. Mr. Stevens said there is no rule as to which comes first; the license from the Board or a variation of the Board' of Appeals and he thought Mr. Douglas would have to have both, He said the Selectmen might wait to ascertain whether the Board of Appeals granted a license. The Chairman said that this is a residential area and although there will be no selling or purchasing of cars at this address, he thought the matter should go through regular channels. He suggested that Mr. Douglas file an application with the Board of Appeals to find out whether or not a variance i(ould be granted. If it is approved by that Board, the Selectmen would then grant the license. Mrs. Morey asked how Mr. Douglas was listed in the telephone book and he replied Just his own name. He is sole owner of the company. Mr. Stevens said it was not a corporation and Mr. 9 Doi,glas said that was correct. The direct mail from the factory goes out under the name of I. W. Douglas with the address of 6 Paul Revere Road on the letter/. head. He stated that he has been in business since 1938 and has not had more than three funeral directors come in to buy a car in all that time. He said that he is actually a factory sales representative. The Chairman said that 4Mm..Douglas should file an application with the Board of Appeals and if the variance were granted, the Selectmen would issue a license. Mr. Douglas retired at 9:30 P.M. Upon motion of Mrs. Morey, seconded by Mr. Maloney it was voted to award the contract for painting two strands at the enclosed field to Theodore Mickle, an Contract individual doing business as T. Mickle & Sons who awarded submitted a bid of. $1875.00. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign the contract for painting two stands at the enclosed field, pre. pared by Town Counsel, between the Town of Lex- ington and Theodore Mickle, an individual doing business as T. Mickle & Sons in the sum of 41.875.00. Mrs. Leroy F. Marek, Chairman of the School Com- mittee, Neil W. Chapman and John Blackball Smith met with the Board. In reference to the subject of the removal of rubbish from the schools, Mrs. Marek said that this School is a problem that should be worked out between the rubbish Committee and the Selectmen; the Town will pay for removal it either way. The Committee feels that it should be done in the most efficient way and/method should /a be agreed upon for the efficiency and to relieve any friction. The truck purchased by the School Committee did not indicate that the School Department would take care of the rubbish and it is not the type of truck they would have had in mind if that were so. She said that the subject was not discussed with the Board or at Town Meeting. The Chairman said that he has discussed this with the Board and although he did not make any statement at the Town Meeting to the effect the truck would be used for rubbish, it is the understanding of some of the members of the Board that it would be used for that purpose. Mrs. Marek said that the Committee's thinking was different. They would have recommended a larger 10 tri truck and would have had to have additional persahan Mr. Smith .stated that when they asked for the truck in 1955 and again in 1956, they listed verbally the things they intended to do with the truck, nonerof which included the removal of rubbish. He said he did not think any group brought up this matter that the school would handle its own rubbish collection. Last year the Appropriation Committee asked if additional help would be necessary and the answer was no because the men would handle the truck. He said if they were going to remove rubbish they would have indicated a different type and certainly more persomel to do the job. He explained that what they did intend to do at the Hancock School was to remove the rubbish because it was only being taken away twice a week. Some of the schools have incinerators where a good deal of the paper is and can be burned but the lunch program involves material that incinerators can't take. The Chairman said that he did not know if the truck was discussed last year before Town Meeting. He thought it was included in the expense budget and the Board did not know the truck was in there until it came up at the meeting. He said the year before it was a separate article and the Board did know about . Mr. Smith explained that it was/the regular school budget but the Appropriation Committee brought it up as a separate item. The Chairman said that last year it was not din, cussed and that may be where the difference of opinion has come up. A few of the members were of the opinion that the truck would be used to collect rubbish, Mr. Maloney said that he recalled much discussion concerning the use of the truck and as he remembered, it was going to relieve the Public Works Department at the time. He said the department has a larger and better truck than he thought it was first going to buy. He said that he was under the impression that the school Department would be much happier having control of it. Mr. Smith said he did not think there was a record any where of this truck being discussed for rubbish re- moval at any meetingby any group. Mr. Maloney asked how much time was involved in picking up the rubbish at all the schools and said he thought it would be worth a try by the School Depart. men t. Mr. Smith said that they did try it and it took two men not quite two and a half days with their truck to do it. Mr. Gayer said that it would take two men one day 11 a week to handle the rubbish problem, according to Mr. II Weisinger. Mrs. Marek said the Committee talked about using the truck for theainters and takingdesks from one P school to another and taking supplies from a central point to the various schools. Mrs. Morey asked who drove the truck and Mr. Smith replied that there are three maintenance men and the responsibility of the truck has been allooated..ta Mr. Stevens because he is a mechanic. He said it was as- sumed he could handle it without taking too much time away from his job as a maintenance man. Mr. Chapman asked what type of a function this was. He asked if it was a function of the Department od Public Works or a function that the schools usually take care of. He said that, in other communities, the schools have not had to prepare themselves for this function. The Chairman explained that if the Town had rub- bish collection it would unquestionably be a function of the Department of Public Works. Mr. Maloney said that he agreed with Mr. Smith in many ways. They do have a vehicle and it is es- timated it will take so many hours to do the work and the School Department would have control of it. He said it has not been tried so they do not know for sure how inconvenient it would be. He said he thought it would be worth a try and if it does not work out, the Selectmen and the Department of Public Works could then work •something out. He suggested that the School Department find out how much it will cost and just what it does do. Mrs. Marek said one problem is to handle it for the four months left this year and the other problem is to find/if it is going to be handled next year./out Mr. Maloney said if the School Department tries it for a couple of months, they will be able to see that it will or will not work. Mr. Chapman said that was a good idea but he felt the schools are not in the rubbish collection business and he did not think they should be. He said the res- burants have to make provisions for rubbish disposal and the School Committee could do it if it were agreed that it is not a function of the town. Mr. Maloney said this was not a common practice throughout the town and it is a special service. Mr. Smith said that rubbish disposal is not the function of the schools in most communities and it is handled by the Department of Public Works. 12 MC Mr. Tucker said he would like to see the School Committee try to handle the problem itself, at least give it a try. Mr. Maloney pointed out that the Department of Public Works is pressed more that the School Depprt• meat at the moment and if this does not work, fhe School. Committee can let the Selectmen know. Mrs. Marek said one group or the other will need some extra:. money and it is a question as to which group will need it. Mr. Maloney said that an opinion was being formed without giving it a try. Mrs. Marek said the Committee would be taking a man away from some other work. Mr. Chapman said he did not think it was Schoal Department business to remove rubbish. It is a tow* function and nine time out of ten the towns do it. Mrs. Morey asked if the rubbish collection were done by the Department of Public Works through June or when did 'it cease. Mr. Smith said that they were never notified that it would be discountinued. When the truck was pur- chased there were rumors and he wrote Mr. Gayer about it. He said for years this money has been in the bud- get and asked why it was discontinued in June. Mr. Gayer explained that it is not a matter of money. His men are working six days a week some- times seven days a week trying to get water and sewer into houses and he feels his work is more important than picking up the rubbish from the schools. He said he has less men than the department has ever had be- fore. There is over 100 miles of pavement and there has been more sand put on than ever before, with only one sweeper and less help. He said as much as he would like to do it, he just can't get to the schools to sweep the sand and it is not just a case of not wanting to do these things. Mr. Smith said he spoke to Mr. Gayer in April be- cause of the sand being tracked into the schools. The School Department does not have equipment for removing it. He said if the Public Works Department sands the areas, it should be responsible for removing the sand. Mrs. Morey said this all boils down to the fact that more men are needed in the Public Works Department. Mr. Chapman inquired about long range plans in regard to Public Works services and Mr. Gayer said that he thought, in relation to the rubbish, the Board will have to consider next year whether or not the Town wants to pick up rubbish. If there is a rubbish tol- 1 13 lection program, the School Department should be in- cluded in it. Mr. Gayer referred to the sand and stated that he told Mr. Smith that, if the School Department would pay for it, he would get the sweeper out on Sundays to pick it up. Mr. Chapman said the Committee could go out on contract for this rubbish collection. Mr. Maloney asked how much it cost to collect the rubbish at the Hancock School and Mr. Smith replied that it was $15 per month, Mr. Maloney asked how many schools and Mr. Smith said that some schools would have eight or ten times that amount and on a school basis $150 a month would do it but he thought the figure would be nearer $400. Mr. Maloney said if the Department of Public Works has been doing that, it cost $3800. Mr. Tucker said it seemed to him that it would be worth while for the School Department to give the rub- bish collection a try and the Department of Public Works should remove the sand. Mrs. Marek asked if the Selectmen wanted the School Department to go out and purchase the equipment to do the work. She said she did not think the Town Meeting would want that. Mr. Maloney said he still thought it would be worth trying. Mr. Smith said his staff was planned and developed for a program that did not include rubbish collection but he would be willing to try it. Mr. Maloney said he did not think it necessary to hire extra men for it. Mrs. Marek referred to bus transportation and re,* ported that the Committee has asked the State to make a traffic survey. She said all the Committee can do School bus is• get a traffic count and provide bus transportation traffic on an emergency basis where it is indicated. count The Chairman inquired as to the time of day they could be taken and Mr. Smith said that has given them the school hours. Mrs. Marek said she hoped the Police Department would give the schools as much help as possible to .slow the traffic down. The Chairman reported that four additional Police Women have been appointed. The School Committee retired at 10:35 P.M. 1 14 imay 111 MC Hearing was held on application of the Church of Fuel oil Our Redeemer for permission to maintain one under permit ground tank for the store..ga of 6,000 gallons of -#2 fuel oil on premises at 6Meriam Street. No. one appeared in pposition. Upon motion of Mrs. Morey, seconded by Mr. Tucket*, it was voted to grant a license to the Church of Our Redeemer to maintain one underground tank for the storage of 6,000 gallons of #2 fuel oil on the premises at 6 Meriam Street. Captain Stephen H. Broughall' s request for re- tirement from the Lexington Fire Department was held Retirement over pending receipt of information from Town Counsel. Upon motion duly made and seconded, it was un- animously voted to sign contract, prepared by Town Counsel, between the Town of Lexington and C. L. Guild Construction Co., for Sewer and Drain Work, Contract #2, in the amount of 4.34,090.00 The original and all copies were retained by Town Counsel. Chapter 90 Statement of expenditures under Chapter 90 Agree- ment #16145, Winchester Drive, was approved by fir. Gayer and signed by the Board of Selectmen. Upon motion of Mr. Maloney, seconded by Mr. Sewer Order Tucker, it was voted to sign the following Order of Taking for the installation of a sewer main in Ross Road. COMMONWEALTH OF MASSACHUSETTS MIDDLESEX,SS, TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of August, 1956, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1955, namely at an adjourned session thereof duly held on March 28, 1955 in accordance with the provisions of law applicable thereto, it wait unanimously VOTED: To authorize the Selectmen to install a sanitary sewer main from the sewer pumping station in a general. southerly direction toward the intersection of Massachusetts Avenue and Paul Revere Road in such locations as the Selectmen may determine and to take by eminent domain, purchase or otherwise aquire any fee ,easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $4.00,000.00 and to provide said sum bythe issue of bonds or notes of the terms, and that the Treasurer, with approval of the Selectmen, be and he hereby is authorized to 15 borrow the sum of $400,000.00 and issue bonds or notes of the town therefor, to be payable in accordance with the provisions of Chapter 44 of the Generi1 Laws, as amended, wkbhin a period not exceeding twenty years.", and WHEREAS the Selectmen have determined that said sanitary sewer main should be located in the land hereinafter described. NOW THEREFORE, we, the undersigned, being .a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby under and by virtue of the provisions of _ Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, an0 all acts in amendment thereof and in addition thereto, and/ay and every other firer 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 sanitary sewer or sewers with any manholes, embankments, walls,pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass alongEnd over the land for thef'oresaid purposes,in, through and under the following described parcel of land situated in. said Lex- ington and shown on a plan entitled "Plan of Sewer Easement in Lexington, Mass.", dated August 26, 1956, Whitman. 11 II & Howard, Engineers, to be recorded herewith, and bounded and described as follows: line Beginning at a point in the easterly side/of Ross Road, which point is the southwesterly corner of lot 47 on said plan; thence running by a curve to the left with a radius of 446.77 feet along salleasterly side of Ross Road distant 151.11 feet to a point; thence running ly a curve to the left with a radius of 25 feet along the side line of the intersection of Ross Road and Revolutionary Road distant 54.28 feet to a point; thence turning and running south 70 446 23" East across said Revolt �2nary Road distut 40 feet to a point in the easterly dide/or"evolutionary Road at lot 39 on said plan; thence turning and.,running bya a curve to the left with a radius of 150feet along said easterly side line of Revolutionary Read and of the inter- section of Revolutionary Road and Ross R8ad distant 140 .70 feet to a point; thence running south 34 281 59" east aing the easterly side line of Ross Road distant 20.52 feet to a point; thence running by a curve to the left with a radius of 26.17 feet distant 32.08 feet to a point in the westerly side lie of Paul Revere Road; thence turning and running southwesteiy along said westerly side line of Paul Revere Road distant 65.99 feet to a point at lot 32 on said plan; thence turning &Mt running by a curve to the left with a radius of 25 fed (,l cam•, CC Cs7 along the westerly side line of Rosa Road distant 19.a6 feet to a point; thence running north 34° 281 59" West along the westerly side line of Ross Road distant 231.70 feet to a point; thence continuing-by a curvg` to the right with a radius of 506.77 feet along the westert side line of Ross Road distant 150.8gfeet to a point; thence turning and running North 720 34' 0" East dis- tant 40 feet to the point of beginning; all as shown on said plan. And we do hereby also take temporary construction easements, for use in constructing the sewer to be installed in the permanent easement herein above des- cribed, in two strips of land, the first being a portion of lot 47, and the second being a portion of lot 39, the easterly boundaries of said strips being parallel to and situated a uniform distance of 25 feet from the proposed line of the sewer to be installed in said permanent ease- ment; allas shown on the aforesaid plan and marked "'Temporary Work Easement". The temporary construction easements herein taken Al- elude 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 sewer construction, and the Town shall be obligated to restore the land to reasonably the same condition in which it was prior to the entry of the Town thereon. The ' construction easements shall terminate thirty days after the completion of the sewer 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 far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands lying within said described strips for all lawful purposes not inc- onsistent with the use thereof for all of the purposes hereinabove mentioned. On each occassion that the Town enters upon the land in which the aforesaid rights and easements are taken and pe.forms any work thereon, it shall be the obligation of the Town to rebove all surplus material and to leave the premises in reasonably the same condition as when the entry was made. Any trees upon the land included within the above. described strips are included within the taking. The land in which the aforesaid rights and easements ,, 1 17 are taken are believed to belong to the following named pat. ties, but if the name of the owner of any of said land or of any interest therein is not correctly stated, it is to be understood that such land or interest is owned by an owner unknown to us: OWNER LAND AS SHOWN ON THE PLAN Eleanor L. Rose Lot "X" and portion of Ross Road abutting thereon. Ivan K. & Florence F. Hoyt Lot 31 and portion of Ross Road abutting thereon. P. Cyril V. & Ruth/Seymour Lot 32 and portion of Ross Road abutting thereon. L. Richard J. & Thelma/Fontaine Lot 47 and portions of Ross Road and Revolutionary Road abutting thereon. Robert & Louise Sutherland Lot 39 and portions of Ross Road and Revolutionary Road abutting thereon. Betterments are to be assessed for this improvement. The area which it is expected will receive benefit or advan- tage other than the general advantage of the community from such improvement is shown on the schedule that is hereto annexed and made a part hereof, and it is hereby estimated that betterments will be assessed on each parcel of land set forth on said schedule, said parcels being shown on the plan referred to above. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 27th day of August, 1956. Haskell W. Reed Ruth Morey Ralph H. Tucker Ma3ority of the Selectmen of the Town of Lexington 18 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. AUGUST 27, 1956 Then personally appeared the above-named Haskell W. Reed, Raymee4 U. T_g.es, wirk:::E E'., 1l,41., , Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly ele- cted, qualified and acting Selectmen of the Town of Lexington and acknowledge the foregoing instrument to be thea free act and deed, before me. Harold E. Stevens Notary Public My commission expires: September 16, 1961 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER( LOT AS SHOWN ON 'Dal PLAN ESTIMATED' OWNER tOSP.ISAASV TO IN SAID ORDER ASSESSMENT Cyril V. & Ruth P. Seymour 32 *497.99 Ivan K. & Florence F. Hoyt 31 039.49 Eleanor L. Ross "x" $676.34 Robert & Louise Sutherland 39 076.34 Richard J. & Thelma L. Fontaine 47 011.7.79 Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to sign the following Order of Taking for the installation of a sanitary sewer main in the so-called "'Golf Course' land. COMMONWEALTH OF MASSACHUSETTS MIDDLESEX,SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of August, 1956, it is ,9 ' ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1955, namely at an adjourned session there- of duly held on March 28th, 1955 in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: To authorize the Selectmen to install a sanitary sewer main from the sewer pumping station in a general southerly direction toward the intersection Of Massachusetts Afvenue and Paul Revere Road in such location as the Selectmen may determine and to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $400,000.00 and to provide said sum by the issue of bonds or notes of the town, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $400,000.00 and issue bonds or notes of the town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined .that said sanitary sewer main should be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 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, reduce, operate and forever maintain a sanitary sewer or sewers with any manholes, embankments,walls, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under the following described parcels of land situated in said Lexington and shown on a plan entitled "Plan of Sewer Easement Lexington, Mass.", dated August, 1956, Whitman & Howard, Engineers, to be recorded hexa - with, and bounded and described as follows: Parcel 1. A strip of land having a uniform width of 20 feet and beginning at a point in the northeasterly side line OS Locust Street, which point is northwesterly and distant 10 feet from the common boundary line of lots 38 and 39; thence running South 49° 101 4" West across Locust Street and through lot 16 on said plan distant 143.39 feet to a point in a stone wall at the southwesterly boundary of said lot 16; thence continuing South 49° 101 4" West distant 188,18 feet to a point; thence turning and. running South 20° 22'53" West distant 312..60 feet to a point; thence running South 90 45' 26" West distant 265.93 feet to a point; thence running South 11° 38' 26" West distant 53.96 feet to a point in a stone wall; thence 'tunnies and running North 500 1' 26" East along said stone wall distant 32.22 feet to a point; thence turning and running North 11° 38' 26" East distant 29.04 feet to a point; thence running North 90 45' 26" east distant 264.39 feet to a point; thence-;finning and running North 20° 22' 53" East distant 305/feet to a poi thence turning and running North 49° 10' 04" East distant 183.66 feet to a point in a stone wall at the southwesterly boundary of lot 17; thence continuing North 49° 10' 04" East through said lot 17 and across Locust Street distant 143.47 feet to a point in the northeastter1 ide line of Locust Street, which point is southeasterly and 10 feet distant from the common boundary Of lots 36 and 39; thence turning and running northwesterly along said ..northe3a.sterly side line Locust Street distant 20 feet totfsapoint of beginning; of all as shown on said plan and marked "20 Ft. Sewer Easement". Parcel 2. A strip of land having a uniform width of 20 feet and beginnindat a point in the easterly side line of parcel 1 described above, said point being the angle point situated in the "Access Road To Golf Course" on said plan; thence runni: i south 90 45' 26" West along the easterly side line of said parcel 1 distant 11.09 feet to a point; thence turning and running South 69° 44' 33" East distant 197.70 feet to a point in Cedar Street; thence turning and running North 330 35' 01" East distant 20.54 feet to another point in Cedar Street; thence turning and running North 69° 44' 33" West distant 204.43 feet to a point in the easterly side line of said parcel 1; thence turning and running South 200 22' 53" West along said easterly side line of parcel 1 distant 9.09 feet to the point of begin- ning; all as shown on said plan and marked "20 Ft. Sewer Easement". And we do hereby also so take temporary construction easements, for use in constructing the sewer to be installed in the. permanent easements hereinabove described, in two strips of land each having uniform width of 15 feet and being situated adjacent to and erten•:", _ • +g the full length of both sides of the permane ='i �' .ed above as parcel ]. and inastrip of land havinniform width of 20 feet and being adjacent to and extending along the full length of , the ncr therly side of the permanent easement ddsoribed above 2; all as shown on the aforesaid plan and marked "Tempor'y Work Easement" . The temporary construction easements herein taken in. elude the right to enter upon the land taken, to deposit earth and material thereon, and in general, to make all use necessary or desireable in connection with the aforesaid sewer construction, and the Town shall be obligated to re- store the land to reasonably the same condition in which it was prior to the entry of the Town thereon. The construction easements shill terminate thirty days after the completion 21 of the sewer 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 wig or` pre•judice to the rights of the respective owners of the land, except so far as is reasonably necessary in t he exercise of the rights and easements hereby taken, and there are re- served to the respective owners and their h$$irs, successors and assigns all of their respective rights/, id to the use of their lands lying within said describedstrips 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 premises in- reasonably the same condition as when the entry was made. Any trees upon the land included within the above- described strips are included within the taking. in The land/Which the aforesaid rights and easements are taken are believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not correctly stated, it is to be understood that such land or interest is owned by an owner unknown to us: OWNER LAND AS SHOWN ON THE PLAN Town of Lexington Lots 16, 17, 38 and 39, and the portions of Locust Street abutting thereon. Vincent N. Bellizia "Golf Course" land No betterments are to be assessed for that part of the sewer main that is to be installed in the permanent easements herein taken. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 27th day of August, 1956. Haskell W. Reed Ruth Morey Ralph H. Tucker Majority of the selectmen of the Town of Lexington 1.4 22 tri COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. AUGUST 27, 1956 Then personally appeared the above-na;ded Haskell W. Reed, Rayme4-W.-James, W Illaa,4T-MaIeney, Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me. Harold E. Stevens My commission expires: September 16, 1961 Letter from James G. MoFaul in reference to sewer betterment assessmentp evied agains his ro- t g perty at 94 Spring Street was held otter. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to authorize an abatement of $160 (50%) due to the fact that the profile and location of the Abatement sewer, this lot was not bettered to the extent of the original assessment. A further communication was received from Thomas A. Sweeney relative to speeding on Concord Avenue. The following items on the agenda were held over until the next meeting of the Board. Letter from Cary Memorial Library Building Addit- ion Committee relative to parking facilities for the proposed addition; Letter from Fire Commissioners re transfer of $1500 to Personal Service budget; Letter from Fire Commissioners re appointment of an additional man; Letter from Roland B. Greeley, Chairman of the School Site Options Committee re presentation of articles to Town Meeting. Letter was received from the United States Air Req. for Force Recruiting Service, 103 Moody Street, Waltham, erection requesting approval of the erection of a sign eight of sign feet long and five feet high, preferably at the junc- tion of Massachusetts Avenue 'aXid Route 2,. Waltham- Street or Massachusetts Avenue within the town limits. IIS 23 The Chairman was authorized to advise Sergeant David A,Miller that the Town has been very strict relative to erection of signs and such a sign is not permitted under our governing By-laws. Upon motion made and seconded it was voted to Election appoint the following Election Officers for a one- officers year term expiring September 1, 1957. Charles J. Dailey, 28 Bow Street, John D. Barry, 22 Bow Street, Joseph P. Waddleton, 15 Norton Road, George E. Foster, 10 Plainfield Street, Gaetano Buttaro, 837 Massachusetts Avenue, Ilda J. Field, 20 Chase Avenue, Mary A. Rowland, 111.8 Lowell Street, Rose I. McLaughlin, 88 Oak Street, Goerge F. Stygles, 65 Oak Street, George D. Smith, 12 Locust Avenue, Helga M. Carlson, 82 Pottier Avenue, Mary E. Clifford, 54 Chase Avenue, Gwendoline Johnson, 4.2 Baker Avenue, Annie H. McDonnell, 7 Curve Street, William W. Ferguson, 6 Belfry Terrace, Ralph I. Dale, 1640 Massachusetts Avenue, Randall W. Richards, 67 Farmcrest Avenue, Merrill Y. Papen, 9 Hilltop Avenue, Louise Ahern, 15 Muzzey Street, Margaret Bailout 332 Concord Avenue, Edward McGrory, 46 Parker Street, Mary G. Oliver, 610 Waltham Street,Elizabeth F. Downey, j. Farmcrest Avenue, Henry P. Meade, 1505 Massachusetts Avenue, Mary S. H. Ellis, 188 Waltham Street, Beatrice F. Morse, 1 Vine Brook Road, Dorothy K. Parker, 9 Forest Street, Eleanor T. Husted, 36 Kendall Road, Emma Zitso, 65 Williams Road, James T. McGann, 11 Utica Street* jf, Margaret E. Collins, 160 Woburn Street, Rosalie MacDonald, 8 Sheridan Street, Jean E. /Ella D. Baker, 38 Fletcher Avenue, Edna D. Anderson, 21 Leonard Callahan, Road, Milton F. Hodgdon, 36 Hayes Avenue, Agnes T. Buckley, 311 Bed- 22 Grant Street, Muriel S. Williams, 9 Sheridan Street, ford St. Clarence E. Delp, 18 Dexter Road, Ethel M. Koester, 16 Gleason Road, Dorothy A. Parks, 10 Fletcher Avenue, Elizabeth Fardy, LlA Preston Road, Joseph 0. Rooney, 51 Grant Street, Florence M. Bruce, 126 North Street, Lester L. Andrews, 1 Hill Street, Helen M. Smith, 170 Wood Street, Christine A. Stewart, 782 Massachusetts Avenue, Helen M. Kirk, 211.2 Massachusetts Avenue, Mary J. Ferry, 50 Downing Road, Carroll J. Ryan, 10 Bedford Street, Michael J. McDonough, 1993 Massachusetts Avenue, Mary A. Spellman, 214. Shirley Street,Caroline F. Deloury, 99 Spring Street, Sally S. Hooper, 282 Bedford Street, Eleanor M. Cosgrove, 307 Wood Street, Mary A. Hallett, 2270 Massachusetts Avenue, Ingrid M. Newhal1,34 Eaton Road, Agnes Hall, 7 Lake Street. Upon motion of Mrs. Morey, seconded by Mr. Tribute to Maloney, it was voted to incorporate the following statements into the Selectmen's permanent records, Mr. Worthen an original to be sent to Mr. Edwin B. Worthen, Jr. and Mr. Emery P. Worthen and a copy to be published in the Lexington Minute-Man. 24 C17 VOTED, that the Board of Selectmen of the Town of Lexington, recognizing the irreparable loss to the Town by the death of Edwin B. Worthen, order that a copy of the following tribute be spread on its records, a copy sent to his family and a copy sent to the Lexington Minute-Man for publication: By the death of Edwin Burrough Worthen on August 16, 1956, the Town of Lexington has lost one of its most respected and useful citizens, and many of its resi- • dents have lost a sincere friend. To no man could the Town be more of a home than it was to him for. 75 years, His long record of public offices held and service on important committees since early manhood, is ample evidence of his interest and affection for his town and _its townspeople. His avid interest and profound knowledge of the Towns early history and records was exceeded by that of no other citizen and eminently qualified him as Town Historian. Truly, his was a life spent in service for which his sole compensation was the esteem and gratitude of hia neighbors, friends and fellow townspeople. it is with deep sincerity we say of "Ted" Wotthen, as he was affectionately yet respectfully known to most and called by many, Mayh s tribe increase.. Selectmen of the Town of Lexington Mr. Stevens retired at 11:15 P.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary to be held on Tuesday, September 18, 1956. Sidewalk Upon motion duly made and seconded, it was voted Orders to sign the following sidewalk Orders: Lowell Street, westerly side, extending from Summer Street southerly a distance of approximately 1750 feet; Lowell Street, westerly side, extending from Woburn Street northerly a distance of approximately 915 feet. Letter was received from Warren R. Guild, M. D., Peter Bent Brigham Hospital commending the Police De- partment for supplying an escort when a boy was rushed 1 25 ' to the hospital for emergency treatment. The Chairman was authorized to sepia copy of the letter to the Police Department to be read at roll call. The meeting adjourned at 11:25 P.M. A true record, Attest: ixecutive erk, electme 4 4,