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HomeMy WebLinkAbout1950-08-07-min 155 SELECTMEN'S MEETING August 7, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, August 7, 1950 at 7 :00 P. M. Chairman Emery, Messrs . Driscoll, Nickerson, and Hoyt were present. The Clerk was also present. Mr. Carroll, Town Clerk, met with the Board for Juror the drawing of one juror. Mr. Alexander R. Milne, plumber, 9 Utica Street, was drawn for the Jury Pool. Mr. Carroll retired at 7 :04 P. M. The Chairman read a letter from John C. McPeake, 1' P 34 Valley Road, Lexington, offering 4400 for part Property of lot A, lots B and C, (formerly owned by Burr) located on Valley Road. It was agreed to advise Mr. McPeake that the Board is not interested in selling this land for the price offered. Mr. DeFoe, Suptt. of Public Works, met with the Board at 7 :07 P. M. Letter to The Chairman asked the Board if it would be Brox advisable to write Mr. George Brox and inform him that the Selectmen are entirely satisfied with the - work which he has done in Lexington. It was the unanimous opinion of the Board that such a letter should be written and Mr. DeFoe said that he would very much appreciate it. The Chairman reported that Mrs. A. B. Tenney has expressed the desire to give the Town, as a MinuteMan gift, funds to defray the expense involved in Statuue lighting the Minute Man Statue. lighting Mr. DeFoe reported on the ditch at the rear of Dr. Murray's property on Highland Avenue and stated that the Town does not contribute to this drain. He explained that Tar. Murray wants the Dr. Murray's Town to clean the ditch and he told him that he complaint would have to check records to determine whether or not the Town has any commitment there. Mr. Driscoll said that during Mr. Paxton's time the Town did clean this ditch out, but nothing has been done since he left. Mr. DeFoe agreed to submit a complete report on the subject at the next meeting of the Board on August 14th. Mr. Harold E. Stevens, Town Counsel, arrived at the meeting at 7 :15 P. M. 156 Mr. DeFoe reported on the drainage at the corner of Concord Avenue and Waltham Street and presented a sketch of the area. He stated that Mr. Burns, Mr. Concord Stevens and he had all inspected the location. Ave. Drain- Mr. Stevens said that the street was dry the age day they looked at it and from the appearance of the land he could not see any evidence that there was any large amount of water cast onto the land . He said that he would assume any water from the street was almost insignificant and would not be the cause of any difficulty. Mr. DeFoe said that he again inspected the area after the rain the other day and there was a puddle in front,of Mr. Abbott's about 601 long and from nothing to 5 ' wide, going to where the drain is located. Some of it was high enough to ease off the road and he said that there is no way to take care of the situation, other than a major drainage job, except to fill it in and put in a berm. Mr. Stevens said that the land owned by the persons who met with the Board several weeks ago is subject to natural drainage but they are not the ones who blocked the drain. He said that he did not see anything that would make him believe the Town should provide drainage relief because of water that the Town casts upon the land. Mr. DeFoe said that the Town has no right to throw water on private property. He said the location is a natural low spot and what the Town contributes is a very minor portion. Mr. Stevens said that if the Town put in a dry well in the side of the road it still would not solve the problem. The Chairman asked if he thought it would ful- fill any obligation the Town has and 'Mr. Stevens replied in the affirmative. The Chairman suggested that Mr. DeFoe advise Mr. Abbott that the Town would fill in the hole and ask him for permission to build a dry well on the edge of his lot. Mr. DeFoe explained that it would have to be a large dry well and he would prefer to find out whether or not Mr. Abbott would allow the water to flow onto the land he is not using. The Chairman said that he would write to the other individuals involved and explain that in general the Board does not see that the Town is contributing any water. Jellis ' Mr. DeFoe again brought up Mr. Leonard Jellis ' request for request for extension of water main to 115 Reed water Street. Mr. Stevens reported that this situation seems L 157 to be one on which he can obtain no further information. He thought that it was a County way on the side of the thiangle that no appears to have veen laid out by the County. However, it is not a County way, but is a Town way that was laid out by the County Commissioners on an appeal from the refusal of the Selectmen to lay it out back in 1875. He explained that the Town Engineer has checked and found no record of the Town ever formally accept- ing the street on the other side of the triangle. It has, however, been used as a Town way for many years and the Town has maintained it. He said that he thought the Board could go on the assumption that the street is a Town way. He informed the Board that Mr. Jellis is willing to take the responsibility of putting in the water service from his property to what has been considered as Reed Street. If he does that and at some future time anyone should raise an objection, it would be against Mr. Jellis and not against the Town. He said that he thought this would be better than to have Mr. Jellis enter into any tyge of agreement which he is willing to do . Mr. Jellis will do the work uindef the supervision of the Town. Mr. Stevens said that he would talk to the County Commissioners and find out whether or not their approval is necessrry. He said that he thought the Town should, at a Town Meeting, accept the other piece of land. The Chairman inquired as to where this application is on the list and Mr. DeFoe replied that it is near the end. The Chairman suggested, and the Board agreed, that Mr. DeFoe should advise Mr. Jellis that his request for water will be put on the list and done in order of priority and to further advise him that he has not lost any time as a result of checking the status of the property. Mr. DeFoe referred to Mr. Buss's letter relative to the bridge over Vine Brook and explained that when Vine Brook was built, the Town constructed a bridge for Mr. Buse to enable him to use the land on both sides and Buss there was an easement obtained at that time. He ex- bridge plained that about a year ago he had occasion to look .at V. Brook the easement for something else and thought that it was given to Mr. Lynch at the time. However, it is not in the files given to Mr. Stevens by Mr. Lynch and he has been unable to contact him. He explained that he had obtained a price of $864 from Mr. Custan ce for repairing the bridge and a price (oral) of $1075 from Mr. -Napoli. Before the above quotations were received Mr. DeFoe had estimated that cost to be approximately $1,000. 15E3 cc Mr. DeFoe was instructed to obtain a price for concrete and also for rot-proof timbers. Mr. Stevens explained that two parcels of land, owned by Louisa G. Bean, located on Bedford Street, have been taken by the State in connection with the con- i Bean struction of Route 128. The State will not pay for sewer the land until the sewer liens are removed. Mr. assessment Stevens explained to Mr. Kelley, of the State, that if the Board had deferred payment of the betterment assessment it was to help Mrs. Bean. She has now, in effect, sold the property and therefore she would have to pay the assessment. Mr. Stevens stated that he thought this was a case were no formal action should be taken except for an expression of opinion of the Board that the betterments that were deferred should now be paid. Mr. Hoyt said that he was willing to accept Mr. Stevens opinion on the subject. The Board agreed to make no change in the policy of requiring payment of deferred betterment assessments when the property has been sold. Mr. Stevens agreed to handle the matter for the Board. Mr. Stevens reported that he had talked with Con- verse Hill relative to the Leary property on Waltham Street and explained to him that the only way to get the work done was to have Town labor do it, but the Town wants an insurance company to which any claim for damages can be referred. Mr. Hill would like an opportunity to think it over. Mr. Stevens said that he had talked with Mrs. Sexton and explained that the Town expected to have Leary a contractor do the work, but they are all so busy property they are not interested in any extra work and as a result it may have to be done by Town help. He said that he suggested giving her the $ 300, but she wants the work done. He said that if Mr. Hill will write a policy, he thought the best thing to do would be to have the Town do the work and he will prepare an agreement to be signed by the Learys re- leasing the town. However, if Mr. Hill connot write the policy, he felt it would be better to tell her that there is no way the Town can do the work and can only give her the money-- 300 and if she is not willing to accept it there is nothing further that can be done. Mr. Stevens discussed the waterproofing work done on the steps at Cary Memorial Building two years ago . Mr. Stevens reported th1t Mr. Chester Newman, the contractor, is an individual of excellent re- putation and has come back several times to correct 159 the condition, but there are still areas showing leakage. He told Mr. Stevens if anyone can show him how to prevent the leakage he will be willing to do it but he is not coming back again, because he cannot do any better than he has alrady done. The Board felt that the matter should be closed inasmuch as in its opinion the contractor has done the best he can. It 8;00 I). M. hearing was declared open upon the application of the Socony-Vacuum Oil Co . Inc. for permission to increase the underground storage of gasoline at 27 Massachusetts Avenue from 3,000 gallons to 7,000 gallons. Mr. A. V. Paynter, representative of the pet- itioner and one other person was present . Notice of the hearing was read by the Chairman and the application approved by Deputy Chief Roy A . Cook. No persons were present in opposition. Gasoline Mr. Paynter explained that by increasing Hearing the capacity of the tank, it will not be necessary to run the oil trucks in so often. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to grant the petition and sign the license. The two gentlemen retired at 8:10 P. M. The Chairman read a letter from Town Counsel with reference to the claim for damages filed by Alice G. Kiernan for damages to her car because Kiernan of a loose catch basin cover on Waltham Street. claim for Mr. Stevens, recommended that the claim, in the damages amount of $25.00, be settled. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to settle Alice H. Kiernan's claim in the amount of $25 .00, at recommended by Town Counsel. The Chairman reported that he had talked with Mr. Stevens about the Shoppers Haven violation of Shoppers ' Sunday Sales license and he thought someone should Haven go over there. It was arranged with Chief Rycroft violation to send a man over last Sunday and he reports that Mr. Lewis Kraff sold meat illegally on Sunday, August 6th and will be in District Court on August 9th. Mr. Stevens reported on that status of the Larson- Clearin Oak Street situation and explained that he had prepared, g for the Board 's signatures, an instrument to clear Nichols Howard Nichols ' title on record. title-Oak 11Mr. Driscoll moved that the agreement, as prepared Street by Town Counsel be signed. Mr. Nickerson seconded the motion, and it was so voted. (Original forwarded to Mr. Stevens. ) 164 Further consideration was given to Mr. R. L. McQuillan's offer to purchase lots 74 and 75, Tower Tax Title Road. A notice of the offer was advertised in the Property July 27, 1950 issue of the Lexington Minute-Man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Hoyt, seconded by Mr. Nick- erson, it was voted to sell and convey lots 74 and 75 Tower Road to Mr. R. L. McQuillan for $500. Further consideration was given to an offer of $25 for lot 118 Cary Avenue, received from Richardson, Tax Title Wolcott, Tyler and Fassett on behalf of a client. Property The Chairman agreed to advise the attorney that the Selectmen do not desire to dispose of the property at this time because of its closeness to town drainage. White Mr. Stevens presented copies of the contract sewer con- between the Town of Lexington and Richard White Sons, tract Inc. for the construction of Sanitary Sewers on Sun- dry Streets. The Board signed the contract and all copies were taken by Mr. Stevens . At 8:30 P. M. hearing was declared open }.pon the petition of John F. O'Connor for a Sunday Sales Hearing License at the Five Forks Dairy Bar, 271 Lincoln on O'Connor Streets. Sunday Mr. O'Connor, his attorney, Mr. Tropeano, Mrs. Sales George W. Sarano, Messrs. Joseph F. Clark, Charles G. Esterbert, Jr. ,Arthur T. Burroughs and two other individuals were present. The Chairman explained that the hearing was called pursuant to a letter, signed by Mr. Tropeano, attorney for Mr. O' Connor, dated July 27, 1950 and he proceeded to read the letter . He also read the Board's reply dated July 31st and the letter to Mr. Clarke of the same date. Mr. Tropeano said that he thought it might be ad- visable for Mr. O'Connor to state briefly what he has been conducting during the past few months, the condition of the premises, etc. He said that he thought it is important to point out why Mr. O'Connor opened this type of business in this location. Mr. O' Connor said that he is petitioning for a Sunday license which is, in this business, the best day in the week. He said that there was of course, as everyone knew, objections and in fact there were objections to building the stand when the idea first came about. He said that some time ago, he thought it was in Feb- ruary, he applied for a Board of Appeals hearing in connection with the construction of the building. As he understood it, there was immediate objections raised regarding the Board of Appeals hearing and he withdrew his request. He explained the reason he had made the 161 11request was to build the building of 3rd class contruction instead of 2nd class as he felt a better job could be done with wood rather than block. Unfortunately, he felt it necessary to withdraw the request. He said that he talked with the Building. Inspector and he suggested that Mr. O'Connor might apply for a permit to build a 3rd class contruction. He said that he received a registered letter telling him that he was building at his own peril. Mr. O' Connor said that he felt he knew enough about the Zoning Laws to proceed which he eventually did. He stated that some weeks before he opened he heard that he might own the building, but that he would never open it as a business and that he would not be granted a license to operate. He explained that this information came to him from a man who lives fifty miles from here and was riding on a bus when he overheard the conversation. He stated that he opened the building for business on the 24th of June and his application for a Sunday Sales License, he believed, was pre- sented to the Board on the 24th of April where it remained for two months. He said that on the 24th day of June action was taken on a petition by a Committee. He said that he understands this request to the Board to deny the Sunday Sales License was presented on June 24th, two months after his appli- cation for a license. The petition was acted on that evening and his application for a license was denied . Mr. O'Connor said that he was willing to go along that the original petition could be a mis- statement of fact and he believed it stated that there would be rubbish and papers all over the lawns, and that there would be rats, insects, traffic hazard and ihe necessity of police officers for traffic duty. He said that he was willing to go along and let the project prove itself . He said that he does not believe anyone can say that there has been any filth, cups, or paper napkins on the premises or on the streets in the immediate vicinity since the place opened. He said that he could not be responsible for Other businesses in the neighborhood that uses the some type of containers and he refuses to pick up containers belonging tt. other concerns . Mr. O'Connor said that the building, as it stands, he believes is attractive and has been told by a great number of Lexington people that they are happy the stand is there. They do feel it is somewhat of an injustice II for Lexington people to be sent out of town on Sundays to patronize a business of the same type when he has the business and is paying taxes in Lexington. He stated that the above was a brief resume of the situation. He 162 explained that the building is constructed as far ' away from the adjacent lot line as he could safely do it, and that was in deference to Mr. Esterberg. Mr. O'Connor said that the lot was on the market the 6th of May, 1949 and there was a sign 2 ' square with 4" letters which said it was zoned for business . This sign was located within 70' of the Esterberg property line and Mr. Esterberg pur- chased his property July 15, 1949 and the sign was there. He said that in May it was his intention to dispose of the lot but on the 5th of July he learned that he has a serious heart condition. Mr. O'Connor explained that he has a wife and two children and he did not see how he could supply them with enough insurance to maintain them if anything happened to him. It then became necessary for him to make some way to provide for them. He said that he felt this type of business was one that his wife could operate if necessary and that is the reason for the stand being there. Mr. Tropeano asked if he proposed to hot top and landscape and Mr. O'Connor replied that he in- tended to do it this fall or in the spring. His plan calls for dressing both extremes of the lot taking in the existing parking area with possibly some landscaping in front of the building. Mr. Tropeano asked why Mr. O' Connor did not do the work this summer and he replied that he felt it is only good judgment to extend capital so far. Mr. Tropeano asked if Mr. O'Connor had received complaints about the noise, filth, etc. and he replied in the negative. Mr. Tropeano asked if Mr. O'Connor had inquiries as to why he is not open on Sunday and he replied that several hundred Lexington residents have asked him that question. Mr. Tropeano presented the Chairman with a petition requesting the Board of Selectmen to grant a Sunday Sales license to Mr. O'Connor and stated that ten people who signed this petition also signed the original petition requesting that the license be denied. He explained that about half a dozen other people, because of previous commitments to the neighbors, did not want to sign it. He said that one of the abutters to Mr. O' Connor 's pro- perty, Mr. Morash, did not sign the original petition and did not sign this one. He is in favor of having the stand but he prefers not to enter into a so-called neighborhood brawl . The Chairman said that 4. O'Connor spoke of the refusal of his Sunday Sales license on the same day the Board received the petition from residents in that area . He explained that on March 28 the Board wrote Mr. Carpenter and acknowledged his petition and he would 163 ' not like to leave the impression that one was tied to the other. That certainly was not so. He said that the Board has a letter dated March 28th acknowledging the petition against the issuance of a Sunday Sales License. Mr. Tropeano said that Mr. O'Connor's reference was to a letter signed by six individuals requesting a hearing if a license were granted. He said that he be- lieved the Board had replied that a license had not been issued and a hearing a -4-heyrftrg-therefore was not necessary. Mr. Tropeano said that the objections seemed to have been raised and based more on the existence or nonexistence of the Zoning law rather than the granting of a Sunday License. He stated that the Town has zoning laws adopted many years ago and the reason for zoning laws is for the preservation of property rights . He said that anyone purchasing adjacent to a business area should not determine what business can be conducted in that particular area. He stated that there are no re- strictions in the zoning laws with reference to con- ducting an ice cream stand, and that it is not necessary to have a Board of Appeals hearing to conduct an ice cream stand. Mr. Tropeano said that the Statute states that the license can be revoked at any time. He also said that 11 there is not one concern in Town, selling ice cream, that does not have a Sunday Sales license. Mr. Tropeano said that he has a great deal of respect for this Board, but it would seem that there is a great deal of dis- crimination being shown to John O'Connor or a great deal of consideration being shown to the objectors. He said that not only have the Selectmen followed that trend, but the Town Meeting has, and stated that one year the Selectmen went before Town Meeting and sought guidance for the issuance of a Sunday License for the Lexington Theatre. He said that another instance was a few years ago when a Sunday Bowling license was granted. He said that these matters should be taken as a Town and not as the immediate neighborhood and stated that no matter what it is the people who are in the immediate vicinity always object to any change. He said that the objections made by this group are the same type of objections received when anyone is seeking a permit for any type of business. Mr. Tropeano said that he did feel, in fairness to Mr. O'Connor, in view of the way he has conducted the business and in view of the trend indicated by the Town Meeting and the precedent of the Town, that he should be granted an opportunity to operate on Sundays with the full knowledge that the license is subiect to re- vokation by the Board . ' The Chairman asked if anyone present speak for the petitioner. Mr. Tropeano said that he assumed, from the Chairman' s letter, that he was not to bring anyone to speak for the petitioner. 164 ccPlz The Chairman asked if there was a spokesman for the group or anyone who desired to speak for himself. Mr. Arthur Burrows, 61 School btreet said that their impression of the zoning in Lexington was that..the intent, when the various sections were zoned, was to take care of neighborhood activities at a time when transportation was not what it is today. He said that he had more or less gathered, listening to the matter of rezoning, that Lex- ington would have preferred to have its business activity in one area. He said that the area in question was almost empty at the time most of the people came into the situation. He stated that it had a gas station which is a peculiar type of business . It serves the neighborhood and also transients but it is of a fleeting nature. He said that their objections to the type of business that was to go in there were based on the objections of such places as Buttricks and the observation of the conditions that sur- rounded the ti'hite Spot. He said that if the business has enough volume to be a good business there will be a lot of people there resulting in containers , napkins, etc. being spread around. Mr. Burrows said that it is pleasing on Sunday to have it peaceful and have a respite from the traffic and bulldozers. Mr. Chester Esterberg, Jr. , 263 Lincoln Street said that it seems his name has come into this quite a bit. He said that the point was brought up that Mr. Morash, the other abutter, voiced no complaint. He said there is heresay that Mr. Morash intends to build a drugstore for his son and that may be one motive behind his agree- ment of the stand. He said that he contends with the stand six days a week until 11 :00 o'clock at night. He said that if he feels like going to bed at a fairly reasonable time there are horns blowing, people talking, etc. He said that he has to keep the shades in his bed- room down because of the lights and that it is not a case of personality or spite on his part. He said that they are fellows who came out of the Army and wanted to get a home and it was not a case of turning around and finding out about the zoning laws. He said they have their home there and the neighborhood is fairly well established, and any business that operates six days a week should be. sufficient. Mr. Esterberg said that it was also rumored that if a Sunday license were not granted Mr. O'Connor would have a fried clams or a grocery store. Mr. F. S. Carpenter, Jr. , 260 Lincoln Street said that if people 3/4 of a mile away objected, they were on the end of the line of other people who also objected and wanted to sign the petition. He said that his situation is similar to Mr. Esterberg' s . He stated that r 165 he is away from home a great deal and it would be nice to have his days at home in peace and quiet. He said that there are a few people in the neighborhood who are young and just starting out who have possibly over- stepped themselves a little bit in trying to buy in a neighborhood a little beyond them. He said they are trying to protect their interest in their homes. Mr. Carpenter said that he thought the zoning laws were to benefit a majority of people even though a minority had to suffer. Mr. O'Connor said that one statement made by Mr. Esterberg was perhaps, slightly distorted . He made the statement that there would be a fried clam stand or a grocery store there. Mr. O'Connor said that the true statement was that he had an opportunity to either sell or lease the stand for a fried clam stand but in deference to Mr. Esterberg in particular, because the prevailing wind in the summer is westerly and the odors would blow in every window of his house, he would not consider the proposition. Mrs . Saran°, 315 Lincoln Street said that she is fortunate in having a barn between her house and the stand so the lights do not bother her, but she does pick up containers She said that she does not know whose they are. She said that if the business is open Sundays she is afraid there will be accidents with so much parking there . Mrs. Sarano stated that Mrs . Scheibe, from whom Mr. O'Connor purchased the land, told her that he bought it to build a house on and she thought that was the reason he got it at a very low figure. Mr. O'Connor said that he would like to correct the impression that was given. He said that he does not know what the converation was between Mrs . Schiebe and Mrs. Sarano but Ehe sold the lot at her own price and not his. She was also very definite in telling Mr. O'Connor that although she had some trouble with the Lovell Bus situation, she was sure in her own mind that the lot was zoned for business . He said that the value was put on the lot and that was what he paid . Mr. Tropeano asked how many cars go into the stand week days and Mr's. Sarano said that she does not know as it has not been operating very long. Mr. Tropeano said that the property has to be made pay and if it does not pay it will be divided and if sold, a meat market is going in there and there is an option on it now. He explained that the meat market will set on the •line because in a business zone it can be erected on the line. Mr. O'Connor said that he doesinot see the difference between a car pulling into a gas station and getting gas and pulling out and a car pulling into an ice cream stEnd, getting ice cream and pulling out. He stated that the 166 c bulldozers have not pulled in on his side. He explained that there definitely is a traffic situation as all the traffic that would normally go up Massachusetts Avenue is now going up Lincoln Street. He said that he has been working around the building since last March and has never seen a serious accident on the corner yet. He said that he does not see why, with so many licenses being issued in Lexington that he should be the only one who cannot have a license . Mr. Burrows said that there have been so many com- plaints about Buttrick's stand that this group wanted to start complaining early enough so that they w ould not be asked why they hadn't done something about it. It is anticipation where we have seen what happens when a business of that type really begins to carry a volume of business. We realize it may seem inconsistent now but maybe the Buttrick stand became so well established that to deny them a continuance of the license would be inconsistent. Mr. O'Connor said that the original petition to deny the license was in anticipation of something that has not happened and now they want the license denied again in anticipation of something that may happen five years from now. He said that if his application were denied in anticipation of what might happen then he thought every Sunday Sales license should be denied. He said he could gu&rantee that any cups which may have been picked up did not come from his stand. Mr. Lsterberg asked what control Mr. O'Connor had over his customers when they drive away from his stind and he replied that he has no control whatsoever. He stated that his situation is taken care of before eight o ' clock in the morning, but that he does not intend to pick up containers which belong to the Shell station across the street or those belonging to Buttrick. The hearing was declared closed at 9:35 P. M. and the group, with the exception of Mr. Stevens and Mr. DeFoe retired. (Decision on Mr. O'Connor 's petition to be given Friday night, Aug. 11th, Special Meeting of the Board. ) Mr. DeFoe reported on Mr. Bullock's request for the Bullock extension of a water main to service his property at request 34 Valley Road. He explained that Mr. Bullock's well for water had run dry and it was necessary for him to seek the aid of the Fire Department. He is willing to pay for the long connection and also 100' frontage but will expect the Town to pay for the copper tubing to the curb cock. Mr. Stevens said that he could see no legal aspect to the connection and it was agreed to authorize Mr. DeFoe to solve the problem to the satisfaction of Mr. Bullock and himself. Mr. Stevens retired at 9:50 P. M. 167 Mr. and Mrs. David L. Wilson, Jr. 11 Hamblem Street, met with the Board relative to their offer, and the Board ' s counter-offer of $400 for lots 110. 111, Tax Title 112, and 113, Bellflower Street . Property The subject was discussed at length and the Chairman asked if Mr. Wilson would be willing to pay $350 and he replied in the affirmative. The Wilson' s retired. Mr. Nickerson moved that a proposal to sell the lots be advertised in the Lexington Minute Man and that further consideration be given the offer at the next meeting of the Board. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe said that he had received an offer of $10 for the waiting station formerly used at Five Forks and asked for permission to accept it. Mr. Nickerson suggested and the Board agreed, to leave this matter to Mr. •DeFoe ' s discretion. Letter was received from the First Church of Christ, Scientist requesting the installation of curbing on Forest Street, the length of the "hurch Forest St. property, and around the corner on Muzzey Street Curbing to the end of the walk at the side of the Church. Mr. Driscoll moved that the request be approved and the work done at Mr. DeFoe 's earliest opportunity. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe reported on the bids for a new boiler for Cary Memorial Building. Mr. Nickerson said that the Board could pay Mr. Kimball his commission and try to have some repair work done on the present boiler or accept the low bid and request a transfer. The Chairman suggested requesting a trasnf er or Transfer not taking any action. for Cary Mr. Hoyt said that he does not think the Board Boiler should take a chance. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson it was voted to request the Appropriation Committee to transfer the sum of $1800 from the Reserve Fund to the Town Offices and Cary Memorial Building Account. Mr. DeFoe requested permission for the construction of the Fair Oaks Sewer. He explained that with the equipment he now has, and which he wants to keep, he Fair Oaks would like to start this project in about three weeks sewers whether it is let out on contract or done by Town help. He stated that it will cost apprxomately $65,000 or $75,000 including road repairs. The Chairman asked if Mr. DeFoe and Mr. Burns felt that, from a practicial point of view the work could be done with Town help, done well, economically and whether or not it would fit into this year 's schedule. Mr. DeFoe 168 replied, that from past performance, he was of the opinion that it could be done by the Town men. He stated that if they have this work during the winter, he will be able to keep them working if we have an open winter. The Chairman asked how the Board felt and upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to authorise Mr. DeFoe to proceed with the construction of sewers in the Fair Oaks section, the work to be done by Town help. The Chairman reported that he attended a meeting at the State House and Mr. Stokes made it very clear that it is proposed to include civilian defense duties with the regular peace time duties of the various Town Departments . He stated that, having this in mind, he thought some provision would have to be made whereby Mr. DeFoe and Mr. Burns will be able to delegate some of their work. The Chairman then read a letter from Mr. Edward A. Palmer, 36 Fuller Road, formerly employed by Lever Bros. Co. , inquiring as to whether or not there is an opening in the Town Offices for an accounting, bookeeping, clerical or supervisory position. Mr. DeFoe reported that he had talked to Mr. Palmer and also discussed the subject somewhat with Mr. Harrington, of the Public Works Department . Definite action was held over until the next meeting of the Board. Mr. DeFoe retired 11:00 P. M. The Chairman read a letter from Mr. Henry Brask Mr. Brask advising the Board that it will not be possible for resigns him to devote the necessary time to the Town Manager from Town Committee and he was, therefore , submitting his resign- Mgr. Com- ation. mittee The Chairman asked the members of the Board to give this some thought and be prepared, at the next regular meeting of the Board, to appoint someone to replace Mr. Brask. Petition was received from the Bostondison Company and the NewEngland Telephone & Teleraph Com- Pole pany-for an alteration in the location of c twin poles Location along and across the following public way or ways in Lexington. Burlington Street approximately 550 feet northeast of Grove Street, one pole. One existing jointly owned pole to be removed. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the petition and sign the order. r 169 Petition was received from the Boston Edison Company and the NewEngland Telephone & Telegraph Company for an alteration in the location of cer- tain poles along and across the following public way Pole or ways in Lexington; Location Lowell Street approximately 765 feet north- west of Haskell Street, one pole. One existing pole to be removed. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order. Application was received from the Stanley Hill Post #37, American Legion for permission to use Cary Hall on the evening of September 14, 1950 for the Use of Hall installation of officers . Upon motion of Mr. Hoyt, seconded by Mr. Nicker- son, it was voted to grant the use of the hall free; this to be considered one of the Legion' s six free uses. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the following licenses : Countryside Associates, Inc. Lowell St. Sunday Golf Lexington Theatre, Inc. Mass. Ave. " Movies Richard Michelson Marding Road Guide Upon motion of Mr. Driscoll seconded by Mr. Nickerson, it was voted to appoint the following Election Election Officers for terms expiring September Officers 1, 1951; (see Selectmen's Files-"Election Worker ' s 1950) . A special meeting of the Borrd will be held on Friday evening, August 11, 1950 at 7 :30 P . M. The next regular meeting of the Board will be held on Monday evening, August 14, 1950 at 7 :00 P. M• The meeting adjourned at 11:25 P. M. idle , electmen.