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SELECTMEN'S MEETING
April 27, 1953 '
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, April 27, 1953 at 7:00 P. M. Chairman
Reed, Messrs. Nickerson, Gay and Bateman were present.
The Clerk was also present.
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of three jurors. The following
individuals were drawn for Jury Duty commencing June 1,
Jurors 1953: Frederick D. Wells, 58 Prospect Hill Road, John
Bidwell, 32 Percy Road and Talmage D. Marshall, 11
Sylvia Street.
Mr. Carroll retired at 7 :03 P. M. and Mr. Burns,
Sup't. o1 Public Works, met with the Board.
Petition was received from the Boston Edison
Company and the New England Telephone & Telegraph
Company for permission to relocate one JO pole on
Pole Concord Avenue.
location Mr. Burns explained that the request had been
made to relocate the pole to clear a driveway.
Upon motion of Mr. Nickerson, seconded by Mr. Gay,
it was voted to approve the petition and sign the
order for the following pole location:
Concord Avenue, northeasterly side, ap-
proximately 560 feet southeast of Chadbourne
Road, -- One (1) pole. (One existing JO
pole to be removed. )
The Chairman read a letter from Miss Mildred G.
Armstrong requesting the installation of one street
Street light at 34 Wood Street.
light Following the policy of the Board to consider
all street light requests about the first of July,
Miss Armstrong is to be advised that her application
will be placed on file and discussed at that time.
T1e Chairman read letters from the Department
of Public Works advising that the sum of $1,000
Chapter has been approved for maintenance of Chapter 90
90 roads in Lexington, on condition that at least
$1,000 is contributed by the town and $1,000 by
the county; ;;:,000 has been approved for improve-
ment of Hill Street, on condition that at least
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$4,000 is contributed by the town and $4,000 by the
county.
The Chairman read a letter from Kendall S.
Reed, 38 Buckman Drive, together with cards signed
by property owners on Bubkman Wive, requesting the
acceptance of said drive as well as Dawes Road,
between Pollen Road and Buckman Drive.
Mr. Burns asked about sewer installation and
the Chairman replied that the people do not want the
sewer. Mr. Burns asked if it would be requested
within five or six years and the Chairman replied
that when the applicant first discussed the matter Buckman Drive
with him, he stated that the property owners do not
want the sewer installed, but that he would be glad
to check again.
Mr. Burns was authorized to prepare petition
with estimates of the cost of construction to be
sent out for signatures.
Mr. Worthen's letter inquiring about the pos-
sibility of the town maintaining elm trees on the
Munroe Tavern and Hancock-Clarke house property was
held over.
Mr. Burns reported that he had discussed the
Subject with Mr. Garrity and he estimates the amount
of money involved to be $250. It will not be pos-
bible for him to do any of the work on these trees
until July 1st, after the spraying season, and then
he will have to take time from other work which is
equally as important.
Mr. Burns presented a plan showing proposed
transfer of the Building Department to the Account-
ing Department and Accounting Department to the
Building Department. Accounting
Following a discussion of the subject, upon & Buildin
motion of Mr. Nickerson, seconded by Mr. Gay, it was Offices
unanimously voted to change the Building & Plumbing
Inspector's office into the present Town Accountant's
office and the Accountant 's office into the now
Building & Plumbing Inspector's office.
Mr. Nickerson was delegated to advise both
Messrs. Walker and Lindstrom of the changes to be
made.
Mr. Stevens, Town Counsel, arrived at the
meeting at 7:25 P. M.
Mr. Stevens reported that Mr. Kelley asked him
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today if payment for the Bedford sewer could be ap-
portioned over a period of two years. He advised
Mr. Kelley that he could see no way that this could
be done as it was• presented to the Town Meeting on
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the basis that this was a borrowing to be made for a
specified period of time - until the sewer connection
was completed. He reminded Mr. Kelley that the Town
of Lexington expected payment as soon as the connec-
tion is completed. He said that Lexington cannot ask
the contractor to wait until the Town of Bedford knows
what it is going to do. Mr. Kelley said that Bedford
is going ahead with the project but cannot do anything
before Friday.
The Board requested Mr. Burns to ask the bidder
if he would be willing to extend the time for accep-
tance of the bid for ten more days.
Mr. Stevens reported that he has the contract
for supplying water to Raytheon and has been over it
with Mr. Burns. It is now in order for signatures.
Upon motion of Mr. Nickerson, seconded by Mr. Gay,
it was voted to authorize Mr. Burns to execute the
contract, on behalf of the Town of Lexington for
supplying water to the Raytheon Manufacturing Co. at
its plant in Bedford.
At 7:30 P. M. Mr. Thomas Napoli met with the Board.
He said that he would like to discuss two prop-
erties, his and his father's. He said that he would
take up his father's first. He has had three sewer
betterments totalling about $450G which have been
deferred. His sister has decided she wants to build
on the property, and his father wants to give her the
land and let her build. He can't convey a clear title
to her without paying all the betterments and, in view
of the circumstances, he wants to pay the betterments
and give her a clear title. However, he would like
one concession. He said that at no time did they ever
oppose the sewer, which they could have, but they were
aware of the bad sanitary conditions in the neighbor-
hood. He said that his father feels there is no pros-
pect of realizing any great amount in retaining the
land, and by that he meant he could not receive the
amount of the sewer betterment because of the sur-
rounding lots. They are all 75 foot lots, and the
price of his father's lots plus the betterment assess-
ment would price them too high.
His father would like the town to put the sewer
pipe up to the basement of the house at the town' s
expense. He is asking this because he feels that the
interest on the amount of money involved, if he carried
out the deferments the next three years, would amount
to the cost for installing the sewer up to the house.
He said that if this could be worked out, well and good,
and if not, that would be all right.
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The Chairman said that the Board would consider the
request and let him know.
Mr. Nickerson asked what part of the amount of
land was to be given to his sister, and Mr. Napoli re-
plied that it is lust one lot about 125 feet. He
stated that there are about twelve lots in the two
parcels.
The Chairman asked if the connection Mr. Napoli
is talking about is to his father's house, and he re-
plied in the affirmative.
Mr. Repoli said that on his land there is a sdmilar
situation but to a lesser degree. The Town deferred
$836 'and $157. In the meantime a Mr. Andrews pur-
chased the Miller property including the hen house.
He needed a piece of land and wanted to buy it from
Mr. Napoli. He told Mr. Andrews what was involved and
they came to the conclusion that there would be no
harm in selling and agreed on a price of $1200. In
the meantime the town put in the sewer at an assess-
ment of $234. Mr. Napoli said that he realized he
would have to pay this off to give a clear title. He
had a certificate of title which had printed on the
back a lien, and it mentioned the sewer betterment of
$234 against this property. There was no mention of
the Lincoln Street water betterment. The bank advised
Mr. Andrews that it would loan him the money on the
house he proposed to build provided Mr. Napoli paid
the sewer betterment, but no mention was made about
the water betterment. He said that there is a ques-
tion now in his mind as to whether or not he really
owes it. Mr. Lynch, his attorney, said that there
was some question in his mind, but finally advised Mr.
Napoli to pay the betterment.
Mr. Napoli asked if the Board would accept $836 as
pay*ent for the water betterment, for the whole thing,
and disregard the $157 betterments He said that he has
already paid the sewer betterment of $244.33.
The Chairman asked if his understanding was correct
in that Mr. Napoli wanted to pay $836 and have the $157
abated. Mr. Napoli replied in the affirmative.
The Chairman _said that the Board could not give
him an answer this evening.
Mr. Nickerson said that he could follow the logic
in Mr. Napoli's first request for his father and asked
if his request for abatement of the $157 was based on
the same logic.
Mr. Napoli replied that it is based on the fact
that there is some doubt in his mind as to whether or
not he owes it in view of the fact that it was not on
the certificate of title.
Mr. Nickerson asked whose fault it is if saaearte
looked up a title and found that there is no lien on
it, and Mr. Napoli replied that he didn't know.
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Mr. Nickerson asked if he based his second
request on the fact that he doubts if he legally
has to pay,and Mr. Napoli replied in the affirma-
tive.
Mr. Napoli said that he also tried to do a
favor for a neighbor. He thought he would pay off
the betterment, help the neighbor and help the town.
He said that he is not going to make anything on the
deal and lose a piece of land. He gave him a 75 foot
frontage with a wedge; between income taxes, lawyer's
fees, betterments and everything, the $1200 *melted°
away.
Mr. Bateman asked how much of the land is farmed,
and Mr. Napoli replied about twenty-two acres.
Mr. Napoli retired at 7:55 P. M.
The Board felt that it would look with favor upon
abating the balance of $157, if Mr. Napoli paid the
total betterments less this amount.
Mr. Stevens agreed to check further into the
notation on the certificate of title.
Mr. Burns retired at 8:10 P. M.
Chief Rycroft and the following newly appointed
policewomen met with the Board: Bernice Pearlman,
217 Massachusetts Avenue, Madge B. Colpitts, 50
Police Hillcrest Avenue, Elizabeth M. Sinclair, 163 Cedar
women Street and Eleanor H. Sullivan, 34 Baker Avenue.
The Chairman inquired as to when they would go
on duty, and the Chief said that it depends on how
long it takes to get their uniforms.
The Chairman asked where they would be assigned
to duty, and the Chief replied that they will go to
Oak Street crossing, Adams School, Munroe School and
Woburn Street.
The officers retired at 8:14 P. M.
The Chairman explained that the Appropriation
Committee had agrbed with the Board of Selectmen on
the date of May 15th for starting the policewomen
working, and the Board would like him to plan on
starting them that date regardless of whether they
have uniforms or not. Chief Rycroft agreed.
Mr. Gay asked the Chief what he knew about the
bus stop at the corner of Bow Street, ad he replied
that he, Mr. Burns and Mr. Cole, representative of the
Middlesex & Boston Street Railway are going over the
situation.
Messrs. Rycroft and Burns retired at 8:20 P. M.
Mr. Stevens meneioned the subject of persohal
property taxes for 1951 and said that some time ago
Miss Thompson, the Collector, spoke to him and he
suggested that, in view of the fact that many people
were misinformed, rather than just turn the accounts
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over to the Deputy Collector, that she give him a list
when she had what she thought was a firm basis of those
who were not going to pay. She has given him the list
and shows the amounts uncollected to be $2,984.40 Personal
against a warrant of $119,120.77. The amounts due Property
vary from $1.80 to $54 and $81. He said that it taxes
would seem to him, if the Board is in favor, it might
be well for him to send a letter to these people
pointing out to them that this is an enforceable
tax. Then after a period of time if they are not
paid, the Collector could turn them over to a Deputy
for collection.
The Board had no objection, and Mr. Stevens said
that he would either use his etationgry or have some
printed.
The Chairman read a letter from Edward A. Lamer,
Jr. applying for some of the town's insurance business.
Mr. Lamer has lived in town for many years and is
associated with Marsh & McLennan, Inc.. Insurance
Upon motion of Mr. Gay, seconded by Mr. Bateman,
it was voted to refer the matter to Mr. Converse Hill
and ask that Mr. Lamer's name be placed on the insur-
ance list.
The Chairman read a letter from the Town Counsel
giving his opinion that a member of the Board of Reg-
istrars may not serve on any other committee or board Legal
in the Town. opinion
Upon motion duly made and seconded it was voted
to rescind the vote of the Board, April 13th, appoint-
ing Mr. Charles F. Vaughan (a memberof the Board of
Registrars ) a member of the Board of Public Welfare.
The Chairman read a letter from Town Counsel in
regard to betterment assessments levied in 1951 and 1952
against land acquired by the Town upon foreclosure of
tax liens. He recommended that the Board abate the
street assessments committed in 1952 and sewer assess-
ments committed in 1952 on properties listed in the
Aseeesore' letters dated April 2, 1953. He further
recommended no abatement of the sewer betterment assess-
ments against lots 131 and 132 Marrett Road. These lots
were conveyed to Nicholas Thambash in January, 1952,
pursuant to an offer and acceptance for t he property in
1946. He advised the Board to recommend that the Asses-
sors collect these betterments from the present owners
who are Murray T. and Doris L. Potter.
Upon motion of Mr. Nickerson, seconded by Mr. Gay,
it was voted, upon advice of Town Counsel to abate the
following 1952 committed street assessments and 1951 and
1952 sewer assessments assessed on land acquired by the
Town of Lexington:
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OD
Location Committed Amount Former Owner
Cary #118 9-2-52 $283.50 Blanche Rand, et al
Cary Avenue
Park Hts.
Plan 3, lot 30
Hillcrest St. 12-22-52 375.00 Maria Wright
Park Hts,
Plan 3, lot 31
Hillcrest St. 12-22-52 375.00 Michael J. Evans
Park Hts.
Plan 5,1ot 35 12-22-52 375.00 John M. Roma
Park Hts.
Plan 3, Lot 36
Hillcrest St. L2-22-52 518.25 Johm M. Roma
Cary #77
Marrett Rd. 12-22-52 135.74 John & Ella Jack
Lot #4
Marrett R'd.: 12-22-52 355.64 Matthew A. & Elizabeth
Macaulay
Lot #11
Woodland Rd. 11-26-51 257.30 John H. & Eleen Peterson
Copy of letter from Town Counsel to Mr. Carroll,
Town Clerk, was received advising that a general release
had been received executed by Greenough Bros. Inc. cover-
ing all claims on Contracts C-1 and A.
The Chairman read a letter from the Lexington Post
No. 3007 V.F. W. requesting permission to conduct Poppy
Days on May 22nd and 23rd.
Poppy Upon motion of Mr. Bateman, seconded by Mr.
Drive Nickerson, it was voted to limit the drive to one day,
whichever date the organization prefers.
John A. Sohoppet's application for an auctioneer's
license was held over from last week. Mr. Bateman re-
ported that he had checked with Mr. Parker, Lexington
Federal Savings and Loan, and found that the applicant is
Licenses an employee of the Winter Hill Federal Savings and Loan
Association. He does all the auctioning of property
foreclosed by the bank.
Upon motion of Mr. ]t,eman, _seconded by Mr.
Nickerson, it was voted to grant the following licenses:
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John A. Schoppet B Dee Road Auctioneer
111 Pine Meadows Country Club 232 Cedar St. Common Victualler
Jesse Meadows 536 Mass. Ave. Junk Collector
Village Variety Store 93 Mass. Ave. Sunday Sales
Mr. Stevens discussed the Salary and Wage Study
Committee, authorized at the Adjourned Town Meeting held
on March 23, 1953 and was authorized by the Board to Salary
contact Mr. James, Chairman of the Appropriation Com- Committee
mittee, to discuss the overall subject.
Mr. Stevens retired at 9:20 P. M.
Dr. Howard W. Foley, Chairman of the Recreation
Committee, met with the Board. He stated that bids
had been received for sandblasting and painting the
swimming pools and submitted them as follows :
Boyd Weatherproofing Service, Inc. Everett $2955.00
Patrick Ross Company Cambridge 3050.00
W. E. Smith Company, Inc. Boston 3393.00
The Waples Company, Inc. Boston 2875.00
Roy 0. Leonard Framingham 2370.00
Dr. Foley said that Leonard has done work for the
town and mentioned the flag pole and standpipe. He said
that as far as he knows, and he discussed the matter with
Mr. Garrity, Leonard is good reputable man.
Upon motionof Mr. Nickerson, seconded by Mr. Gay,
it was voted to award the contract to Roy 0. Leonard,
the low bidder, at his quotation of $2370.
Dr. Foley retired and the meeting adjourned at
9:25 P. M.
A true record, Attest:
lellikAtjelec/'
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