Loading...
HomeMy WebLinkAbout1950SELECTMENtS MEETING ' January 3, 1950 A regular meeting of the Board of Selectmen was held in the.Selectments Room Town Office Building on Tuesday January 3, 1950 at 7:00 P. M. Chairman Emery, Messrs. bay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. Ralph W. Cowdry, 1055 Massachusetts Avenue Arl- ington, met with the Board relative to veteran lot k3, Hill Street., The Chairman explained that the Board has received requests from veterans for lots and would like to determine whether or not those veterans having lots actually intend to build and if so when. Mr. Cowdry stated that he has had his lot a little over one year, but at the present time his finances are such that he cannot proceed with construction. He explained that he has been living, until recently, with his mother- in-law and it will take some time before he is financially able to build his house. The Chairman explained that the Selectmen are not anxious to press the restrictions but would like to make sure that all those veterans who have been assigned lots really intend to build on them. ' Mr. Cowdry said that he is definitely interested and wants td build. He said that several of his friends have built. on a veteran's lot. He has two children and does , _not believe that Massachusetts Avenue, Arlington is the Veterans place for them to be brought up. Lots The Chairman asked if Mr. Cowdry had plans prepared and he replied that he has his own general ideas but has not as yet seen an architect to have his plans drawn. - Mr. Cowdry asked if there Frere any deadline as to - when he,must have his house built and the Chairman said that the deadline has long past. Mr. Cowdry stated that the earliest he could build would be a year from this coming spring and possibly not until the fall. The Chairman explained that if the situation becomes such that the Board feels justified in requesting further information Mr. Cowdry would probably be invited to meet with the Selectmen again. He said that if, in the meantime, Mr. Cowdry does not intend to build on the lot, the Board hoped that he would release it. Mr. Cowdry retired at 7:05 P. M. Mr. Carl R. Petterson, 8 Hill Street, Lexington, met with the Board relative to veteran lot #12, Cedar Street• The Chairman explained that the Selectmen would like to know whether or not Mr. Petterson is in erested in build- ing a house on his lot, because several requests have been received from other veterans. 504 Mr. Patterson stated that he is very much interested in the lot, but 4e cannot afford to build now and does not know ' when he will be in a position to start construction. He ex- plained that two years ago he made a deposit on this lot with every intention of building, but he has since married* The Chairman said that as longg as lots are available the Selectmen would like to have the boys keep 'them„ but if more requests are received from lots, something may have to be done about having those released which have not as yet been built upon. He said, however, that the Selectmen would invite Mr. Petterson to meet with them before taking any action and asked if such an arrangement would be agreeable to him. Mr. Patter- son replied in the affirmative and retired. Memo was received from Albert D. Evans, 49 Outlook Drive, relative to veteran lot #15, Cedar Street. Mr. Evans stated that he intends to build a house but wants to wait urrtil his son and daughter, now attending a teachers' college in Alabama, return. Both children are veterans. His daughter will gradu- ate in June, 1950, The Cle* was instructed to write Mr. Evans and ask him to qualify the situation as to the status of his plans, and to advise the Board as to just when he intends to start con- struction of his house. Letter was received from David G. Govan, 1834 Massachusetts Avenue, Lexington relative to veteran lot #205, Cedar Street. ' He stated that he definitely does plan to build on this lot and that his plans have been accepted by -the Planning Board. His reason for not building is because he is not financially able. He does not want to take a chance of losing his house when it is built. Mr. DeFoe informed the Board that he would like to in- crease the holdover in the Road Machinery Account from $3300 I to $5,000 in the event he is able to purchase a large sidewalk tractor. Mr., Joseph H. DeFoe, sup't, of Pulbic Works, met with the Linehan Board. better- Further consideration was given to Mr. Charles A. Linehan's ment request for an abatement of the water betterment assessments assessment levied against his property on Westview Street. A majority of the members of the Board inspected the property and it was unanimously agreed to reduce the assessment levied against the parcel of land on the westerly side of the street to $150, It was the opinion of the Board that this lot has received a betterment not less than what would ru-e> to an ordinary Zoning Law Lot which would have to have a minimum of 100 foot frontage. The Board was not in favor of abating any portion of the betterment assessment on -the easterly side of the street inas- much as the members who inspected it felt that it is a build- able lot. Mr. DeFoe informed the Board that he would like to in- crease the holdover in the Road Machinery Account from $3300 I to $5,000 in the event he is able to purchase a large sidewalk tractor. Mr. Hoyt stated that he frankly opposed increasing the amount of money to be held over and questioned whether ' the use of this equipment would justify spending $1200 or $ 1500 more of the town's money. Mr. Nickerson said that he would not want to have Mr. DeFoe purchase a small unit if he were convinced that the larger unit would do a better job. He stated that the Town of Arlington has the small tractor which apparently has been satisfactory. Following a Eeneral discussion it was decided to leave the order for the small tractor as it is and if it is not purchased further consideration can be given to the subject in the spring. Mr. DeFoe reported to the Board relative to request received from Hoseph Dattoli for the removal of two boulders from Albermarle Avenue. He said that he does not know whether they are boulders or ledge, and there is a question as to whether they can be cut back or will have to be dug out. He.explained that if they.have to be taken out it, will cost approximately $300. It might take two or three days; two men for drilling and one on the shovel. He said that any blasting were done there is the possibility of shattering. Mr. Hoyt asked if the street would be left the way it is if the boulders are removed and Mr. DeFoe replied in affirmative. 1 505 Sidewalk tractor Boulders Albermarle Avenue the The Chairman stated that the appeatance of the street would be improved if the boulders are removed and he thought the situation had been aggravated somewhat by the installation of the sewer.. Mr. Gay reminded the Board that Albermarle is an unaccepted street and raised and question as to whether or not removing the boulders would invite similar requests from other streets. Mr. DeFoe was requested to report further on the problem next week. Mr. Harold Stevens, Town Counsel, arrived at the meeting. Further consideration was given to Mr. Cataldo's, request for an abatement of the sewer betterment assess- Cataldo ment levied against his property on Both Street. A assessment majority of the members of the Board inspected this property and Mr. Gay stated that he believes thea are some fine house lots in this parcel of land. lie said, however, that there is one thing which might enter into this and that is the fact that Mr. Cataldo has given the town a sewer easement. Mr. Driscoll agreed with Mr. Gay and he said that he would go along with the Board if it is determined that the sewer easement should be considered. The Chairman asked if the lots are buildable and both Mr. Hoyt and Mr. Driscoll replied in the affirmative. The Chairman explained the situation to Mr. Stevens and asked if it would be legal for the Board to reduce . the amount of the betterment assessment by a sum which the 506, Board feels to be a fair compensation for the sewer easement which Mr. Cataldo gave the town and for which he would not accept payment. Mr. Stevens replied that he would prefer to check on the situation further, Mr. Nickerson said that as he understood the.matter, Mr. Cataldo is not interested in any agreement and he did not believe the Board would -get anywhere in offering Mr. Cataldo' a compromise. The Chairman agreed and said that if the Board is willing and it is legal to offer him a compromise he might accept it. He said that he would like to offer a compromise even if Mr. Cataldo declines it. Mr. Stevens agreed to give the Board an opinion. The Chairman said that when water was piped. up Oak Nieholst Street in 1942, Howard Nichols, or he and his brother and farm sister owned the so-called Nichols' farm which was later assessment sold to Mr. West. When the water was installed, the Selectmen, upon the advice of Mr. Wrightington., made an agreement with Howard Nichols, who at that time was the legal owner of the fee or at least the representative of the Nichols family. He read the agreement and explained that a bill was mailed �n 1948 but the amount due never paid. The Chairman gave the bill and agreement to Mr. Stevens and asked him to determine if the Town has a point of action, and who should be responsible for the bills. The Chairman brought up the subject of acquiring a parcel of land on Marrett Road, suggested by Mr.•Delbe, to eliminate going through ledge in the construction of the Farmerest sever. He said that there is one aspect to taking.this lot.and that is that it will cc= out.af.taxable Land taking town property, and will no longer be a site for a home or Farmcrest bring in revenue. He elplained, however, that Mr. DeFoets 'sewer proj.figures show a saving of 43,OCD by installing the sewer through this particular lot of land. He said that he; Mr. Driscoll and Mr. Hoyt agree that it would be to the town's advantage to purchase the lot. Mr. Nickerson said that;he has seen the lot, is familiar with it and would vote to pui�ase it as he definitely believes it to -be a good business deal. It was the sentiment of the Board that the Town acquire the property and Mr. Stevens expressed the opinion that he thought it should be acquired by a tkking. H e explained that the Statute makes it clear that the Town can talie property by eminent domain for sewer purposes but it does not mention puchasing property. He:said that the Town cannot buy for a price which is more than 25% of the average assessed value for the last three years. He said that he thought f in this instance it would be much better to make a taking under the vote bf the Town Meeting. If a taking is made, take a fee and obtain a release of damages and a confirmatory deed from the present owner. The Chairman asked if, after the Town took the fee, the land could be used for any municipal purposes and Mr. Stevens replied that he thought no but would prefer to check to make sure. C� 1 1 C The Chairman asked if Mr. Stevens favored taking fee and he replied in the affirmative. Mr. Stevens presented an order for the taking in two parcels of land necessary for the installation of sewer main in Grapevine Avenue and Marrett Road. Upon of Mr. Driscoll, seconded by Mr. Gay, it was ordered: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. ti�tyj it in fee of a motion Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington , held this 3d day of January, 1950, it is ORDERED:- WHEREAS, by a unanimous vote of a Town Meeting duly called, warned and held the 7th day of March, 1949, in accordance with the provisions of law applicable thereto, to wib: at the adjourned session thereof held on April 4, 1949, the Selectmen were authorized and empowered on behalf of the Town of Lexington to install sewer mains in such accepted or unaccepted streets as might be applied for during the year 1949 and to take by eminent domain or otherwise acquire any easements or other interest in land necessary therefor, and an appropriation of money was made for the purpose, as will more fully appear by reference to said vote, an attested copy of which is annexed hereto, and WHEREAS, pursuant to said vote orders for the construction of common sewers in Grapevine Avenue and in Marrett Road in said Town of Lexington were duly adopted by the Selectmen at a meeting duly held on October 31, 1949, copies of said orders being recorded in Middlesex South District Deeds, Book 7501, Pages 40 to 43. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts and amendments thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee for the purpose aforesaid, two parcels of lAnd within said Town, said parcels being Lots No. 72 and No.84 on a plan entitled "Plan 2, Section 2, May, 1919, C. H. Gannett; C. Ego ' and recorded with Middlesex South District Deeds, Book of Plans -274, Plan 43, together bounded and described as follows: - SOUTHWESTERLY by Marrett Road, formerly Middle Street, fifty (50) feet•, NORTHWESTERLY by Lot No. 83 and b Lot No. 73 on said plan, two hundred thirty (230 feet; NORTHEASTERLY by Grapevine Avenue, fifty (50) feet, and SOUTHEASTERLY by Lot No. 71 and by on said plan, two hundred thirty (230) lots together containing 11,500 square more or less. Lot No.85 feet; said two feet of land, All trees upon said land and structures affixdd thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: To Ralph L. Santos and Lucinda C. Santos, husband and wife, both of Cambridge, Middlesex County, Massachusetts, the sum of One (1) Dollar. In so awarding damages, we supposed owner of record of the hereof, but, if the name of the land is not correctly stated, it interest is owned by an owner or such case, our awRrd is made to of. have awarded them to th® land hereby taken as of the date owner of any interest in said is to be understood that such owners unknown to us, and, in' the lawful owner or owners there - Betterments are to be assessed for the improvement for which this taking is made and have been estimated in the afore- said orders for construction of sewers, copies of which are recorded in said Deeds, Book 7501, pages 40 to 43. WITNESS our hands at said Lexington the day and year first above written. George W,_Emery Lewis L. Hoyt William H. -,Driscoll Donald E. Nickerson - Frederick M. Ga Board of 3electmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. January 3, 1950 Then personally appeared George W. Eme, William H. Driscoll, Donald E. Nickerson, Frederick M.7ay and Lewis L. Hoyt, known to me to be the duly elected, qualified, and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be the free act and deed of the Town of Lexington. Before: -me, Hazel J. Murray Notary Public ^771 1 1 1 1 1 I. James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at the Town Meeting of Lexington, duly called, ,warned, and held, the 7th day of March , 1949 in accordance with the provisions of.law applicable thereto, to wit: at the adjourn- ed session thereof held on April 4, 1949, the following vote was unanimously adopted -.- Article 13; "VOTED: That the Selectmen be slid they hereby are authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1949 in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any easements or other interest in land necessary therefor, and to appropriate therefor the sum of $ 198,000.00 of which 0,000.00 are to be transferred from the Sewer Assessment Fund and the balance of $190,000.00 are to be raised 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 $190,000.00 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws, Chapter 44, within a period not exceed- ing thirty years." Carried unanimously 8:55 P. M- A true copy. Attest - January 4, 1950 Ls/ James J. Carroll Town Clerk Lexington, Massachusetts I. James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify that the above is a true and exact copy of .'ARTICLE 13 as passed at the adjourned Town Meeting held April 4, 1949 and as same appears on record. Ls/ James J. Carroll Town Clerk 510 Mr. Stevens reported that he di.cussed with Mr. and Mrs. Ralph L. Santos the question of damages resulting to them. from the taking of their two lots of land situated respect- ively on Grapevine Avenue and Marrett Road, and that Mr. and Mrs. Santos would accept $l XO and give confirmatory deed and release. It was thereupon: VOTED: To pay Ralph L. Santos and Lucinda C. Santos $1,100 damages for the two parcels of land taken from them by order adopted January 3, 1950, and received confirmatory deed and release. Letter was received from Mr. Lynch, together with copy Bishop's of his letter to Board of Health, relative to Mr. Bishop's complaint complaint with reference to the keeping of chinchillas in a cellar next to his property. Mr. Stevens took the entire correspondence. Mr. DeFoe retired. Chief John -W. Rycroft, of the Police Department, Messrs. Lewis and Littlejohn, engineers for General Radio met with the Board relative to the bids received on December 19, 1950 for two-way radio equipment. Mr. LaWis presented, and the Town Counsel read, m appraisal of the proposals made by the;five bidders, taking into consideration all the facts presented in the proposals and factors not specifically covered by specifications or the proposals submitted. The,complete analysis is on file in the Selectmen's Office under Bids 1950. Mr. Stevens said that the questiom had been asked him if it were legal to allow Harvey to come in and say how much they would supply the eliminator for after the bids had been opened. He said that this has been done in some cases, but if often leads to trouble. He stated that he does not know of any case where this particular thing has been tested, and that as a matter of'law he did not think bids should be changed once they have been received. He said that if the Board finds the bids are not satisfactory because of omitted items or specifications not complete, they may be rejected and if so he did not believe anyone .could complain. Mr. Littlejohn informed the Board that Ryatheon, as far as he knows, has not made an installation of the new line. Mr. Lewis stated that Raytheon has no production on the fixed receiver. Mr. Stevens mentioned that Raytheon has been rated by the engineers as second on an overall basis and Mr. Lewis explained the rating as second simply because the price is low. He stated that he has attempted to contact the Link representative to find out whether or not the eliminator has been included in the bid. He said that if there is a chance that a local firm could do the job he would like to-/ consider them, but he definitely thought Link to be the better buy for the town from the standpoint of service, reliability 1 1 1 and everything else. ' Mr. Lewid informed the Board that Raytheon does not manufacture the equipment here and they have never made it before. He said that it may be all right to purchase the equipment from Raytheon on the basis that it is cheaper, but if the Board wants what the engineers believe a police department should have, they recommend purchasing some other equipment. Mr..Stevens said that he had discussed with Mr. Littlejohn, the possibility of having a demonstration and was advised that demonstrations actually do not prove anything. It may take two years to determine how satisfactory a set is going to perform. Mr.'Lewis said that he has never seen any guarantee stated in terms. The equipment is guaranteed to operate properly and to meet performance specifications for one year but no guarantee is made of the vacuum tubes because the manufacturers do not guarantee them. He said that from his experience he believes the specifications recommended by him and Mr. Littlejohn.will provide a satisfactory system. Mr. Nickerson said that in private business the re- commendations of the engineers would be accepted. Mr. Stevens said that he would prefer to contact Link before the contract is awarded to make certain whether or not the eliminator is included in the bid. ' The Chairman said that he would like to have a demonstration and Mr. Littlejohn stated that the accepted bidder could set up a temporary until as they have done in some instances, but it does not prove any- thing. Mr. Hoyt said that he would be willing to accept the Link bid providing the eliminator, which amounts to $105, is included in the bid and a test can be made. Mr. Driscoll said that he would take the recommenda- tions submitted by the engineers. The Chairman authorized either Mr. Lewis or Mr. Littlejohn to contact the Link representative, without making any commitment, to find out about the eliminator. They were also authorized to arrange for a test. The engineers retired at 9:15 P• i. C Chief Rycroft informed the Board that his attention had been called to the advertisement in the local paper whereby Shoppers Haven, Marrett Road, is conducting a regular business on Sunday. A notice was sent calling attention to the Sunday law and the police made periodic checks. However the proprietor knows the local police officers and makes no sales while they are in the stere; The Chief went to the District Attorney who assigned an:officer but felt that desired results would not be obtain -if an arrest were made and an appeal taken before a jury. He suggested that the police department make an effort to obtain some evidence to be presented to the Board of Selectmen who could then revoke or suspend the Sunday Sales license. 51.1: Sunday Sales lbi olati on 512 cc� The Chief said that he then contacted the State Police ' and an officer was assigned to the case. Last Sunday the Chief gave the officer five dollars and instructed him to survey the store and purchase a pound of ham. Mr. Edward G. Conrdad of the Concord Barracks took the money and made the purchase. Sergenat Knapp and the Chief later had a talk with Mr. Kraff, the proprietor, who denied that any ham was sold on Sunday. The Chief recommended that the board suspend or remoke the Sunday Sales License, but said that he would leave this up to Town Counsel. Mr. Stevens agreed to check the Statute and advise the Board as to the best procedure. Chief Rycroft retired at b.-.30 P. M. Mr. and Mrs. Nicoli met with the Board to again request abatement of the water betterment assessment levied on their property on Cummings Street. Mr. Nical i stated that there is no water pipe in front of his property. The Chairman said that the Board would view the property Saturday morning before taking any further action. Mr. and Mrs. Nicoli retired at 9:40 P. M Mr. Gay, at•the request of the Chairman, conducted the meeting for the balance of the evening. Letter was received from the Pleasant (Request chasers of the Harvey C. Wheeler estate on for The letter stated that 200 houses are to be Water beginning in March, 1950, and approximately pipe of water pipe will be needed. Associates, pur= Lowell Street. constructed, 10,000 feet It was agreed that the group should be advised that no commitment whatsoever can be made in view of existing needs in Lexington for extensions of water mains and strengthening the present system. Petition was received signed by residents of North Side- Hancock Street requesting the construction of sidewalks. walks Phe Board felt this was an item to be considered in the 1950 budget and the Clerk was instructed to give a copy of the petition to the Superintendent of Public Works. Letter was received from Mr. L nch, together with a copy of his letter to the Board of ealth, relative to Complaint,complaint received from Frahk K. Bialhop with reference to chinchillas being kept in his neighborhood. Mr. Stevens took the entire file on this subject. Mr. Stevuns retired at 9:45 P. M. Veterans Letter was received from Anthony Zarella, 15 West Lot Court Terrace, Arlington stating that he enlisted from Lexington and would like to purchase Lot #1, Hill Street. The Clerk was -instructed to invite Mr. Zarella to meet with the $oard next Monday night. 1 1 Application was received from the V.F.Yf. requesting permission to conduct meetings in Estabrook Hall and a Use of Hal: conference room on January 4th and 18th from 8:00 P. M. until 11:00 P. M. Mr. Hoyt moved that the uses be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Hoyt, seconded by Dr. Driscoll, it was voted to renew the following licenses: Licenses L. J. Foss 1734 Masse Ave. Common Victualler (renewal) Johnsons 966 Waltham St. Hattie E. A. Peckham 37 Hancock St. " Minute Man Cafe 1715 Mass. Avenue Anna E. Phillips 1800 Mas... Ave. Wildaere Inn 50 Percy Rd. Innholder " Fred N. Viano 1794 Mass. Ave. Sunday Movies " Anthony Ferriera 249 Marrett Rd. Peddlerts License William F. Reidy 109 Bow St. 2nd Class Agent " Application for renewal of-Common Victuallerts License received from Shoppers Haven was held-over. On Thursday, December 29, 1949, the Town Clerk and a majority of the Board of Selectmen met in the Selectmen's Jurors ' Room and the following jurors were drawn: Howard W. Howes, Jr. 35 Bowker Street drawn to serve an Civil Business, First Session at Cambridge beginning February 6, 1950. Preston E. Maxwell, 22 Downing Road, drawn to serve on civil business, Second Session at Cambridge beginning February 6, 1950. It was agreed.to meet Saturday morning at 10:00 A. M. to consider hud;ee for 1950. The meeting adjourned at 10:35 P. M. /lectmen. L 514 Hydrant markers Sewer bonds SELECTTYENtS MEETING January 9, 1950. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, January,9, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay. Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe, Superintendent of Public Works, met with the Board. - I I Mr. DeFoe reported -on the proposed hydrant markers and the Chairman explained that in discussing this subject with Mr. DeFoe, he was willing to charge the expense to Snow Removal for 1950. The problem of placing the markers was considered at length as well as to what account the expense should be charged. The Chairman asked.if the Board desired to have one half of the cost, for purc4asing markers only, charged to the;Snow Removal Account and the balance to be charged to the Fire Department budget. Mr. Nickerson suggested, and the Board agreed,: that the markers be purchased, posted during the summer, the work to be done entirely by the Fire Department because theoretically it would be done at no cost and that the markers be charged to the Snow Removal Account. Mr. DeFoe requested the Board to obtain bonding. money for sewer construction - sundry streets, and ex- plained that there is X190,000 to be bonded from last year. The Chairman inquired as to how much money was, being spent and Mr. DeFoe stated that it is a -proximately $2,000 per week. The Chairman informed Mr. DeFoe that the Town Treasurer would be meeting with the Board later on in the evening and the subject would be considered further at that time. He said that it is just a question as to whether the full amount id borrowed or only a portion of the authorized amount. Mr. DeFoe stated that he has received a request from Mr. Glover for the installation of a sewer lateral at Request 46 Burlington Street. In checking with the Health Sani- for sewertarian Mr. DeFoe was advised that Mr. Glover is having in Burling -trouble with his'septic tank. ton St. The Chairman reminded the Board that last summer the sewer was extended in Burlington Street to service the Powell property and this lateral will necessitate an extension of another 800 feet, and to reach the house it will be necessary to make a very deep cut. He explained that there is no unencumbered money and the $190,000 borrowing which the Town authorized iFmor ally allocated to Fair Oaks and Farmcreat. He said that it appears to 1 1 1 ' him that the only thing to do is include this item in, the 1950 budget. It was agreed that Mr. DeFoe would advise Mr. Glover that available funds have been committed and to see if some alternative can be worked out. Mr. Harold Stevens, the Town Counsel, arrived at the meeting at 7;15 P. M. The Chairman read a letter from Katherine T. Leary advising that she does not intend to sign the easement with reference to her,. property at 45 Waltham Street. The •Chairman referred the claim'to Town Counsel and Mr. Stevens took all the correspondence. The Chairman stated that the East Lexington Fire Station Building Committee is considering requesting_ bids. He asked Mr. Stevens to give the Board an opinion as to whether or -not there is any legal reason why bids not be requested. 515 Leary claim E. Lex. Fire Station should Mr. Stevens reported on the Nichols' Oak Street better- ment assessment and stated that Mr. Nichols believes that Mr. West, Who purchased the property, should pay. The Chairman explained that the agreement the Town had was'with Mr. Nichols. Mr. Stevens informed the Board that as soon as Mr. Nichols sold the property, the obligation to pay arose and that he would report further on this next week. Nichols' agreement Mr. Stevens said that he would like to approach' the Shoppers Haven problem from a non -legal point of view. Sunday He said that he would look into the matter further but Sales wanted to call the Board's attention to similar instances. Complaint Mr. Stevens reported that he had spent song time - with Mr. Cromwell, Chairman of the Planning Board, Mr. Cromwell wanted him to tell him that he would go over the draft of the Zoning By-;aw for the Annual Town Meet- ing. Mr. Stev;ns told him that it was a very long job as apparently a good portion of the By-law has been rewritten. He said that he could not do an honest job within the limited time. The Planning Board is most anxious to present the By -laves at the coming Town Meet- ing, one reason beim; the proposed development of the Wheeler estate on Lowell Street. Mr. Stevens told Mr. Cromwell that in some instances a consultant is called in. The Chairman explained that the Board discussed this subject rather generally and it is the Board's opinion that this is something which must be done with utmost care. The Board also fe;t that Mr. Stevens would have considerable work to do between now and Town Meet- ing and that Mr. Lynch would be very much occupied with his own personal work and eighty-one easements for the Town. He stated that the Board felt very definitely Mr. Town Counsel - Zoning Laws 516 Stevens would not have the time to give to the Zoning By-law. He said that if the Planning Board wants this for ' Town Meeting, special counsel will have to be obtained and then there is a question as whether or not there is ample time.. The Chairman asked Mr. Stevens if, leaving the time element out, this is something he though he should or should hot do as Town Counsel -within his retaining fee. Mr. Stevens replied that, based upon his understand- ing with the Board, it would have to be done within his retaining fee. The Chairman asked, if the Planning Board ceased t9 force the issue, would Mr. Stevens take it bn as he could get to it and he replied in the affirmative. The Chairman stated that the Planning Board is an ' eleeted group over whom the Selectmen have no authorityg but that they have no power under the By-laws to retain counsel: Mr. Stevens and Mr. De Foe retired at`8:10 P. M.; Mr. Stevens to meet with the Planning Board. Mr. Gardner Ferguson and approximately twenty-eight other individuals met with the .7oard relative to the development of Kinneen Park. Mr. Ferguson presented the Chairman with a signed petition requesting the Board to consider the development of a portion of Kinnen.n Park as a play area and the improvement of the Kinneen Park skating area. It was also requested that the Board in- ' sert an article in the warrant for the March meeting re- questing an appropriation for this purpose; Mr. Ferguson said, among other things, that the area to the left of the paid where they want the play area `is about 1001 x 1801, lie stated that the group wants the Board to make provisions for this project in the 1950 budget and have the funds earmarked for this purehase.If the Selectmen are not willing to do so, the petitioners will insert and artield themselves.' The Chairman explained that Mr. Gustin, Chairman of the Recreation Committee met with the Selectmen last Saturday morning on Budgets but the Selectmen did not go into detail. As he recalled -it the cost .to cut back the hill, do some drainage work, clean out the mud and level the area was 94,000. The total Recreation budget for 1950 was $673,000. 1 The Chairman called the groups attention to the fact that the town is growing very rapidly and the needs for the taxpayers? dollars are man�y.� He said that he did not thinI the Board would recommend p67,000 for capital outlay for the Recreation Committee this year. He asked if the group would be willing to leave it that before the Selectmen make a final decision on what they will recommend they call the group or its representatives back a ain as to what conclusion -the,,' Board makes. He said that if they were not willing, the only safe thing to do was to submit an article and re= minded the group that the warrant closes January 21st. Mr. Ferguson said that they want favorable action or art article in the warrant. f The Chairman explained that this is an time which should appear in the Recreation Committee's budget and that is where it does appear. Mr. Jaquith said that he thought 9,000 would be excessive and that the amount could be cut in half to give thelpetitioners what they want. Mrs. Packard said that she is in favor of having something done in the Kinneen Pond area, but she regretted the method with which the group apparently went to work and drew plans without first consulting the Recreation Committee and are now in a postion of wanting to insert an article in the warrant when it belongs in the Re- creation Committee budget. She said that as for the project, she thought she would like it, but as a citizen of Lexington she wondered if this has been thought through carefully enough. After further discussion, the group retired at 8:45 P. M. Mr. Nickerson asked if this subject should be referred to Mr. Gustin and the Chairman said that he felt something would have -to be done in this area this year and that possibly $3,000 would make quite an im- pression. Mr. Hoyt said that if he thought an expenditure of $3,000 or,$4,000 could be part of an overall program and not just thrown away he would be willing to go along with it. Mr. Driscoll was inclined to feel that the Selectmen may be getting into something which should be handled by the Recreation Committee and suggested that it be referred to Mr. Gustin. The Chairman agreed to contact Mr. Gustin and Mr. Burns and find out what the minimum cost would be to commence this project. aero , own er Czia `reasurer, met with the Board to discuss personal services budget for 1950. The Chairman explained that the Selectmen, in going over the budgets, did not know whether Mr. Carroll was requesting three clerks -for his department or whether -one was to be a replacement. Mr. Carroll informed the Board that he intends to have three full-time clerks.. The Chairman asked if the salaries of three clerks had been figured for a complete -calendar year and Mr. Carroll replied in the affirmative. He stated that a new clerk started to work today at 430 per week and one girl started last April at $30 per week. H51 explained that he put in a full time figure for the cler who -is not in the hospital because she is supposed to be able to ' return within a year and has been in the hospital now since last April. Mr. Carroll retired at 7:50 P. ill. 517 Kinneen Pond Town Clerk budget 518 ::L Mr. Anthony Zarella, 15 West Court Terrace, Arlington, met with the Board, at the 3oardts request,'relative to his application for veteran lot #11 Hill Street. Vet. The Chairman asked if Mr. Zarel.la knew the condition Lot under which veterans lots are required and he replied -in the affirmative. He informed the Board that he has his plans all drawn. The Chairman said that the Board would consider the application and advice Mr. Zarrella of the decision. He retired at 8:50 P. M. 'Letter was reedived from Mr. James J. Carroll, Town Precinct Clerk, advising that he has been eledted Chairman of the Commmitte Committ)e"appointed to review the boundaries of the voting precincts. Letter was received from Mr. James4J. Carroll, advising Long that Leon W. Bateman has been appointed to serve as a member Range of the Long Range Planning Committee to fill the vacancy Planning caused by the resignation of Mr. Harold E. Stevens. Committee Application was received from the 4-H group requesting permission to conduct a meeting in a Conference Room, Cary Hall on January 23rd. Mr. Gay moved that the request be approved and the use of the room be granted free of charg6. Mr. Driscoll seconded the motion, and it was so voted.,_ Mr. Harold Lombard, Chairman of the Board of Public Welfare, and Mr. James Collins, Welfare Agent, met with the Board. A general discussion was held with reference to the various welfare budgets and Messrs. Collins and Lombard retired at 0:30 P. M. Letter was received from the Massachusetts Selectmen's Town Association advising that a hearing will be held on January Clerk 12 before the Committee on Public Service with reference tenure to the proposed Town Clerk's tenure bills. bill: Upon motion by Mr. Nickerson, aeconded by Mr. Gay, it was unanimously voted that the Board of Selectmen of Lex- ington be recorded as opposed to any such legislation. The Chairman read a letter from Philip P. Spencer,, ' 440 Waltham Street, stating that he would like to pur- Tax chase a parcel of tax title property on Valley Road Title for which he will pay the sewer betterment assessment amounting to $970. The Chairman suggested, and the Board agreed, that the unofficial Committee on Tax Title Property be fequested to submit a recommendation. 'Letter was reedived from Mr. James J. Carroll, Town Precinct Clerk, advising that he has been eledted Chairman of the Commmitte Committ)e"appointed to review the boundaries of the voting precincts. Letter was received from Mr. James4J. Carroll, advising Long that Leon W. Bateman has been appointed to serve as a member Range of the Long Range Planning Committee to fill the vacancy Planning caused by the resignation of Mr. Harold E. Stevens. Committee Application was received from the 4-H group requesting permission to conduct a meeting in a Conference Room, Cary Hall on January 23rd. Mr. Gay moved that the request be approved and the use of the room be granted free of charg6. Mr. Driscoll seconded the motion, and it was so voted.,_ ' Petition, plan and copies of an order the Boston Edison Company for the following location: was received from joint pole Marrett Road, approximately'125 feet northwest ✓ of Spring Street. 'One pole. One existing JO -1 pole to be removed. The'Clerk informed the Board that Mr. Burns, Town Engineer, had no objection to the proposed location, but inasmuch as it is on a State highway felt that he had no authority to approve or disapprove. Mr. Gay moved that the petition be approved and the order -signed* Mr. Nickerson seconded the motion, and it was so voted. The Chairman agreed to discuss this further with the Town Engineer. Upon motion of Mr. Gay, seconded by Mr. Nickerson, It was voted to approve Frederick N. Vianots Sunday Movies Incense. The Clerk informed the Board that Chief Rycroft re- commended the appointment of Nathaniel P. Thompson as a Special Police Officer. ' Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to appoint Nathaniel P. Thompson a Special Police Officer in the"Town of Lexington for a term ex- piring March 31, 1950, C 'm Pole Location At 10:10 P. M. the following membdrs of the Planning ' Board met with the Selectmen:, Chairman Richard P. Cromwell} Messrs. -Adams, Johnson, Potter and Ripley. Mr. Cromwell stated that the proposed development of the Wheeler Estate on Lowell Street will be coming up very soon and the Planning Board would like very much to submit Zoning the revised Zoning By-law to the Town Meeting in March. He By-law said that the Planning Board has been working on the By-law for a long time, but has riot had the benefit of any legal assistance, and they must have legal aid before it goes into effect. He said that his Board felt it could be submitted in March if the legal work is completed by the middle of February. He said he understood that Mr. Stevens will confer with Mr. Lynch next Saturday to determine how much' work is involved. - That means another weekts time is lost. He said that the Planning Board would like to know if there is any possible means by which the Selectmen could obtain funds to employ counsel inasmuch as the Planning Board has no legal authority to do so. Thb Chairman explained that the Selectmen have no,power to make a firm contract with a lawyer but if the Planning Board is in effect recommending and asking that the Selectmen obtain legal counsel, they could approach a lawyer and explain the problem to him. It would have to be explained to him that no promise can be made as to money but that the Selectmen 520 would recommend -that an appropriation be made at the Town Meeting'in March. I�r# Potter suggested that it might be better to let Mr. 'Stevens handle the By�iaw and givb'cspecial counsel some c. of the other problems.. Me =explained his suggestion bar stating that the By-law is'complicated and will be discussed on Town Meeting floor and should be -explained by whoever prepares it. The Chairman said that he did not know how the members of the Board felt but he would not be in favor of having special counsel appointed now inasmuch as'he thought Mr. Stevens should assume the town work now as it is. A lengthy discussed was held as to whether or not ' it is feasible and possible to submit the new•Zoning By-law to the Annual Town Meeting in March and also the proposed development of the Wheeler estate. Mr. Nickerson suggested that the Selectmen find out from Mr. Lynch if he would be willing to quote a price to do the By-law. The Chairman asked if the Planning Board was re- questing the Selectmen to make arrangements with an attbrney for the preparation of the Zoning By-law, to be completed not later than the middle of February to be submitted to the Annual*Town Meeting and Mr. Cromwell replied in the The Planning -Board retired at 10:40'P. M. ' Mr. -Driscoll, having an appointment with Mr. Lynch for tomorrow, agreed to discuss this problem and arrange to have j Mr. Lynch telephone the Chairman. Mr. Nickerson suggested that the Board authorize the Chairman to make the necessary arrangements with Mr. Lynch up to an amount of $1,000. Mr. Hoyt said that as far as he is 'concerned the Chairman could make any reasonable arrangement with Mr. Lynch that is necessary. The' meeting adjourned at 11;00 P. M. er , S ectm . 521 SELECTIa:EN' S LUZT]NG January 13, 1950. ' A special meeting of the Board of Selectmen was held in the Accountant's Office on Friday evening, January 15, 1950 at 7:30 P. I41. Chairman. Emery, Messrs. Gay, Driscoll; ;Nicker- son and,Hoyt were present. The Cle 4 was also present. Chairman -Alb , ert,Burnham and Mr. William Potter, Cemetery Commissioners, met with the Board, at the Board's invitation, relative to the Conniissionerst personal services budget for 1960. The Chairman of the Board of Selectmen explained that many departmental heads, including the Chief of Police and the 8hief of the Fire Department, are now on a $4100 per year salary level. Mr. Garrity, now acting as Cemetery Superintendent, came within this category until Mr. Marshall resigned as Superintendent of Cemeteries. The Chairman said that the Selectmen had invited the Commissioners in this evening to discuss the situation informally and arrive at some Cemetery solution that Would not necessitate raising four or five Commission - other town employees. ers Mr. Burnham said that the Commissioners had been very fortunate in securing someone who has other work and can take over the cemetery work at a nominal sum. If the Com- missioners were obliged to hire a regular Superintem.dent-* ' > present arrangement, the expense is about $850o , Mr. Burnham said that they hoped to continue with Mr. Garrity but, if he can't do other work that he has to do, the Commissioners do not want to take him. If, however, he is able to do.his work satisfactory to everyone, they could see no reason for not continuing with the present arrangement. The Chairman said that this still leaves the Selectmen in rather an embarrasing situation because Mr. Garrity was being paid at the rate of $4100 for a complete day's work and the question could be raised as to how he could take on another job and earn an additional 6850. Mr. Potter asked how much Mr. Garrity -would receive excluding his rent and the Chairman replied that the rent is about 0633 and the money he received, including the cemetery 860, was y1'4300. Without the rent he would re- ceive 3500. Mr. Driscoll questioned if the rent should be considered in a situation such as this. Mr. Potter asked with what department haads Mr. Garrityts salary was being compared and the Chairman replied that -he could be compared with the Town Accountant who also receives pay for Appropriation Committee work. The Chairman explained that the Accountant works overtime in connection with his work as secretary to the Appropriation Committee, Mr. Potter replied that Mr. Garrity should not be penalized and stated that he works Saturdays,Sundays and evenings. Mr. Gail Smith arrived at 7:40 P. M. # the cost would be between $3,000 and $4,000. Under the 522 w �J Mr. Nickerson inquired as to what the extra hours on the cemetery work amounted to and Mr. Potter said that it is difficult to determine the hours' He said that Mr. Garrity shows lots to customers on Saturdays and Sundays. He purchases all cemetery.shrubbary,seed! lawnmovers,.etc. Mr. -Smith asked how the Board justified keeping Mr. Garrity,s salary at the same rate when part of his work was taken over by the Recreation Committee. The Chairman explained that the playground supervision has been taken over by the Recreation Committee, but the Board does not consider that he had dropped much of his work. The Chairman said that he presumed it is the privilege of the Cemetery Commissioners, as an elected Board, to hire anyone they want to work for th0;1,but he felt that it leaves the Selectmen in a postion which is difficult to explain. Mr. Smith said that having Mr. Garrity act as Cemetery Superintendent seemed to him to be the logical setup. Mr: Nickerson said that if i' can be reasonably proven that Mr. Garrity is spending extra time to earn the 060 he would be in favor of paying it to him, but he thought the Selectmen should have some definite justification for paying that amount of money in comparison with what other Town Officers are being paid. Mr. Nickerson inquired as to when Mr. Garrity intends to retire and Mr. Potter stated that his health is much better than it has been for two or three years and he intends to , remain in the employ of the town until he is seventy. He is not sixty-five. . The Cemetery Commissioners retired at 8:00 P. M. Mr, Leland Emery,'Chairman of the Board of Assessors, met with the Selectmen. He said'that one adjustment would have to be made in the personal services budget inasmuch as the Junior Clerk has resigned and therefore the budget will be less than originally presented. The Chairman said that apparently the Assessors are going to have to give more time. The Selectmen want them to give more time., and are therefore recommending $600 for each assessor. He called Mr. Emery,s attentions to the salary submitted for the Secretary and suggested an. ad- justment inasmuch as Mr. Spancer was paid as Clerk of the Board and also as.an Assessor. Mr, Emery explained that the Senior Clerk is now the only thoroughly experienced individual in the Assessors, Departagent and has requested an increase in salary to $150::a week. He said that possibly a compromise might appeal, to the Selectmen., The Chairman explained that the` -Board has not taken any formal action on salary increases. Mr. Hoyt presented a schedule showing the rates of -both Senior and Junior Clerks and mentioned that a change in the rate of one clerk would, no doubt, affect four or five other clerks. Mr. Emery said that he appreciated the situation and did not want to disrupt the system, but would like to see something worked out whereby the Seniro Clerk could re- ceive more money, and said that he strongly recommends an increase. He retired at 8:30 P. M. Mr. Garrity, Superintendent of Parks and Playground$, met with the Board. Budgets submitted by him for 1950'rrere discussed in general and he retired at 8:35 P. M. Consideration was given to Mrs. Nicolits request for abatement of the $53.68 water betterment assessment levied against property owned by hereon Cummings Street, The Chairman reported that he had inspected the area and is strongly in favor of abating the assessment in full. Upon motion of Mr. Nickerson, seconded by Mr. Gay,'it was voted to rescind the vote of the Board on November 21, 1949 whereby a request for abatement was denied. Mr. Nickerson then moved that the water betterment assessment in the amount of $53.68 levied against the Nicoli property on Cummings Street be abated in full. Mr. Gay seconded the motion, and it was so voted. The Chairman called the Board's attention to the fact that no 'formal action had been taken upon Mr. 'Zerelle�s application for Lot #l, Hill Street. Mr. Nickerson moved that the veterans lot #1 Hill Street be sold and conveyed to Mr. Zarella providing he meets the specified requirements pertaining to the veterans lots. Mr. Driscoll seconded the motion, and it was so voted. Form letter was received from the State Division of Forestry with reference to Chapter 48, Section 8 of the General Laws which provides for the appointment of a forest warden in the month of January. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to re -appoint Roy A. Cook as Forest Warden in the Town of Lexington.. The meeting adjourned at 10:10 P. M. A true record, attest: 1 er , S ectme . 523 Nicoli water betterment assessment abated Vet. Lot #1 Hill St. Forest Warden 524 SEt8CTMENtS MEETING January 16, 1950 A regular meeting of the Board of Selectmen was held in the Selectments Room:,Town Office Building on Monday evening, January 16, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll and Hoyt were present. The Clerk was also present. The Chairtman reported that he met with Mr. Stevens and Mr. Lynch to discuss various Town affairs* Mr. Lynch he.s Town referred to Mr. Stevens corisiderable work, including the Counsel eighty-one Liberty-Ledgelawn easements, parking meters con- tract,'Grove and East Street claims and some items that are 1949 work as far as the present Town Counsel is con- cerned. He remirided the Board that the agreement with Mr. Stevens was that he would receive a flat fee for his ser- vices plus a sum for trial work, but his fee of $33000 was supposed to include odd easements that might come up during the year. He said that -if the Board felt the way he dries, he thought some adjustment should be made in Mr. Stevenst salary for this year. The Chairman explained that both Mr. Lynch and Mr. Wrightington charged $20 for an easement. However, Mr. Lynch did not intend to charge $20 for each of the eighty- one easements. The Chairman said he thought the charge would be approximately $12. The members of the Board all agreed that some adjust- ment should be made. The Chairman said that the Planning Board, officially through its Chairman, expressed a desire to have the revised Zoning By-law presented to the Annual Town Meeting in March. Zoning He said that he told Mr, -Lynch if he could do the Zoning Law By-law and would do it, the Selectmen would like to have him prepare it for Town Meeting, and*charge a reasonable fee for the work. Mr. Lynch agreed to discuss this subject with the Planning Board at the next meeting which is this evening. The Chairman said that the money for the preparation of the Zoning By-law could be included in the Law Department budget or the Planning Board budget and voted by Town Meeting. Mr. DeFoe met with the Board at 7:05 P. M. He informed the Board that Mrs. Thomas Brown, 456 Waltham Street had requested, verbally, the installation of a street light between Farmerest Avenue and herehouse, as near her house as possible. He presented -a kketeh and explained the present pole locations to the Board. Mr. DeFoe did not recomend the installation and explained that the entire street light schedule should be revised if this proposed installation is to be made. The Chairman asked if there were any unusual features or circumstances and Mr. DeFoe replied in the negative. Further consideration was given to Mr. Phillip Spencer's offer to purchase a parcel of tax title property on Valley Road. A report was received from the Tax Title Committee and the Board agreed to entertain an offer, of $1400 with the understanding that the deed to.the purchaser would reserve to the Town whatever drainage easements (in connection with the brook) are considered desirable by Town Counsel. Mr, Stevens, Town Counsel, met with the Board at 7:14 P. M. He reported that the Santos deed had been recorded and also reported briefly on the possibility of legislation for entering into deferred betterment assessments without interest charges. Mr. Stevens reported`'on the so-called Harmon case and it was the unanimous opinion of the Board of Selectmen that the Town Counsel should defend the Building Inspector, a Town Official, and the three-man Board officially appointed, as designated by Statute, to make a survey of the Harmcx n premises. Mr. Stevens discussed the subject as to whether or not Selectmen's records and correspondence are public information and agreed to submit his opinion in writing. Mr. Stevens and Mr. DeFoe retired at 8:10 P. M. Letter was received from Mr. J. Henry Duffy in which he referred to the proposed development of the so-called Wheeler estate on Lowell Street. He suggested that the Board give some consideration to the possibility of re- locating Lowell Street at the junction of Maple Street. Mr. Duff y's letter was given to Mr. Richard P. Crom- well, Chattman of the Planning Board. Letter was received from Danitl A. Lynch, together with an order of the Department of Public Utiliteis, dismissing the petition of the Boston and Maine for approval of the substitution of electric flashing light signals for the present protection by watchman, part- time, at the Woburn Street grade crossing. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant Mr. Fred N. Viano's application for a Sunday Movies license. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following uses of halls AmericannLegion Cary Hall Feb. 21 Banquet St, Brigid's Parish it " April 28 Reunion Mdsx. Cty. Extension Service Conf. Room Feb. 8 Sewing Mar, 8-22 Course At 8:15 P. M. Mr. Haskell Reed met with the Board. He explained that the 175th Anniversary Committee of the Battle of Lexington would like permission to grant concession for booths to be located on Emery Park. He said that his Com- 525 Tax Title Property Re -location Lowell St. Woburn St. crossing Ust of Hall 526 mittee believes there will be a large crowd in Lexington for the celebration and there will be a need for a number of booths. The Chairman inquired as to how the Chief of Police felt on the subject and Mr. Reed informed the Board that he had discussed this with the Chief and he had no objectionl Concess- -The Chairman suggested that Mr. Reed submit his problem ions for to the Board in writing and an opinion would be obtained April 18 th.from the Town Counsel. He said he thought the Committee would have authority to grant permission for booths pro- viding there was no conflict with the Town By-laws or the State laws. Mr. Reed retired at 8:30 P. M. It was agreed to meet on Thursday night at 7;30 F. M. to continue work on 1050 budgets. The meeting adjourned at 8;65 P. M. A ture record, Attest; Y er J. S ectme 1 SELECTMENIS MEETING ' January 23, 1950 A regular meeting of the Board of Selectmen was held in the Selectments.Rooni, Town Office Building on Monday. evening, January 23, 1950 at 7:00 P. M. Chairman Emery, Messrs, Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe met with the Board and requested a deci- sion relative to inserting an article in the warrant for the construction of Wptson Road. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to insert an article in the warrant for the 1950 Annual Town Meeting to see if the Town will vote to accept Watson Road from Robbins Road southwesterly to Lexington Avenue, a distance of approximately 308 feet. It was further voted to authorize the Superintendent of Public Works to use the•same formula for determining the cost as was used in the Liberty-Ledgelawn project. Mr. Harold Stevens, Town Counsel, met with the Board at 7:15 P. M. Mr. DeFoe requested a decision relative to the water betterment assessments for the 12" main installed in Westview Street, Mr. Stevens advised the Board, under the circum- stances, that no betterment assessments be levied. Letter was received from Mr. R. J. Peters, attorney' for Mr. Gustave Larson, relative to the ownership of the water pipe now in Oak Street. Mr. Stevens said that Mr. Peters had been into his office. Mr. Stev,ns said that he told Mr. Peters that repairing the present pipe was a normal thing to do and in no way would the Town become the owner of the pipe. He told Mr. Peters that he definitely felt his client. would have to pay for the main just as though there was no water now in the street. Mr. Stevens reported that Mr. Larson does not want the lots shown on a plan. He told his attorney that he thought the lots would have to be shown. Mr. DeFoe asked it the fact that the present pipe is inadequate would make any difference anal Mr. Stevens replied that it was not a municipgl water main and any- thing the Town may have done to it is immaterial. It' is not the Townts pipe. Mr. DeFoe requested approval of the proposed park- ing meter contract. The Chairman said that the Board would like to have the contract just as soon as possible, and would like it to be as flexible as possible both as to the possibility of removing the meters and also as to the number to be installed. 52 Article re: Watson Road Westview water main Oak Street water Parking Meters X28 . Mr. Stevens reported that he had met with Mr. Ballard and discussed the proposed street from Edison Way to the Depot. He recommended a petition for the acceptance of this street rather than having any agreements prepared for signatures. The Board concurred and authorized Mr. Stevens to handle this project as he recommends. Mr. Stevens reported on the claim filed by Anthony Romano vs. David Govan and the Town of Lexington. Romano Mr. Gay moved that the Town Counsel be authorized claim to proceed with the settlement of this case. Mr. Driscoll seconded the motion, and it was so voted. Building Law violation Hydrant markers Pole Location The Chairman read a letter from Mr. Lindstrom, the Building Inspector, calling the Board's attention to an addition to the Bradford Motors garage and salesroom located at 34 Bedford Street for which no building per- mit has been issued. Mr. Lindstrom stated in his letter that the addition is in violation of both the Building and Zoning By-laws. Mr. Driscoll moved that the subject be referred to Town Counsel to determine if the incident constitutesa violation of either the Zoning or Building By-laws of the Town and that if his opinion is that such violation does exist, Mr. Lindstrom should proceed to enforce the By-laws. Mr. Hoyt seconded the motion, and it was so voted. Mr. Stevens retired; Mr. DeFoe reported that he had been advised by Chief Cook that the Fire Department will install the hydrant and catch basin markers for both the Fire Department and the Department of Public Works. Mr. Nickerson moved that the Superintendent of Public Works be authorized to purchase a supply of hydrant and catch basin markers at a cost not to exceed $425; this ex- pense to be charged to the Snow Removal Account. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe retired. At 8:00 P. M. hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to erect or construct a guy wire and anchor from pole located in North Street, approximately 285 feet southeast of Burling- ton Street. The plan of the proposed location was submitted to the Town Engineer and returned with the notation of his approval subject to the guy wire and anchbnr being moved If a house is erected on the lot. No persons appeared in favor or in opposition. Mr. Gay moved that the request be granted and that the order be signed. Mr. Driscoll seconded the motion, and it was so voted. L 1 At 8;05 P. M. hearing was declared open upon the peti- tion of the Boston Edison Comapny and the New England ' Telephone and Telegraph Company for permission to erect one pole and remove one existing pole on Cherry Street, approximately 205 feet southeast of Charles Street. The plan was submitted to the Town Engineer and returned with his approval. Mr. and Mrs. Ralph C. Cook, 10 Cherry Street, were the only persons present at the hearing. The Chairman asked if there were any objections to the proposed location and Mrs. Cook that she had no objection providing the pole is located outside the sidewalk. Mr. Hoyt moved that the petition be approved and the order signed. Mr. Gay seconded the motion, and it was so voted. At 8;10 P. M. hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to remove two existing poles and erect two poles on Ledgelawn Avenue, southeasterly from a point approximately 175 feet east of Bedford Street. The plan was submitted to the Town Engineer and returned with his approval. No persons appeared in favor or in opposition. Mr. Hoyt moved that the petition be approved and ' the order signed. Mr. Gay seconded the motion, and it was so voted. Mr. Fred C. Newhall and Mr. Edward Abell met with the Board and requested permission to conduct a Tag Day on the evening of Friday, February 10th and all day Saturday, February 111th. Mr. Newhall explained that the request is being made in an effort to raise funds for the newly organized Lexington Boys! Club. Mr. Gay moved that the request be granted. Mr. Nickerson seconded the motion, and it was so voted. Messrs. Newhall and Abell retired. The Chairman read a letter from the Lexington Construction Co., Inc. offering $1100 plus necessary legal expenses for a small parcel of tax title land, fronting on Wood Street. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to refer the offer to the Town Engineer and the Town Counsel for further information. The Chairman read a letter from Alfred Iodice indicating that he would like to buy a parcel of land next to the Town barn, behind lot #3. This is not tax title property and would therefore require a vote of the Town before it can be sold. The Chairman agreed to confer with the Supt. of Public Works in an effort to determine whether or not it would be advisable to sell this property. 529 Pole Location Pole Location Tag Day Tax Title property Offer to purchase land owned by Town 53® Mr. John Brucci, his attorney, Mr. Pain McCormack, and Mr. William Lyon met with the Board. Mr. McCormack explained that Mr. Brucci is grieved ' by the action of the Board of Health in denying his ap- plication for permission to keep animals on Paul Revere Road. He said that Mr. Brucci makes his living by deal- ing in livestock and wants some consideration. Mr. Brucci discussed the matter at lemg�h,. The Chairman said that he did not know the legal position of the Board in relation to the Board of Health, and asked if Mr. McCormack was going to represent Mr. Brucci. Mr. Brucci replied in the affirmative. The Chairman explained that, at the moment, this appears to be a Bk"et of Health problem and something with which the ,Selectmen should not interfere. He sug- gested that Mr. Brucci have his attorney discuss the matter with the Board of Health. The group retired at 9;08 P. M. Application was received from the Sacred Heart Holy Name Society requesting permission to hold a communion breakfast in Cary Hall on Sunday morning, February 19, Use of Halls Mr. Gay moved that the use of the hall be grafted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Application was received from the V.F.W. request- ' ing permission to conduct meetings in,Estabrook Hall and a conference room on the evenings of February 1st and 15th. Mr. Driscoll moved that the uses be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to renew the following licenses; Licenses Hegy's Spa 856 Mass. Avenue Common Victualler (renewal) John W. Leary 45 $altham St. Public Carriage " Fred N. Viano 1794 Mass. Ave. Sunday Movies r' Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted that the Selectmen give written notice that Watson they intend to lay out as a town way Watson Road from Road Robbins Road, southwesterly to Lexington Avenue, a dis- tance of approximately 308 feet. Town Bids for printing 500 copies of the 1949 Town Report, Report 100 copies of the School Report and 100 copies of the Accountant's report were received as follows; Company Report School Accountant Somerville Printing Co. $3.60 $1.00 $1.00 (all per page) 531 1 Rapid Service Press 5.21 2.85 2.52 (all per page) Acme Printing Co. 6.00 1.00 1.00 it It " Fleming & Son 4.60 30.00 60.00 100 copies school per page & accIts. reports Adams Press, Inc. 5.50 2.50 1.50 (all per page) Mr. Nickerson moved that the bid of the Somerville Printing Company be accepted. Mr. Gay seconded the motion, and it was so voted. Upon motion of Mr. Nickerson seconded by Mr. Hoyt it was voted that the Board of Selectmen authorize the Bids for architect to obtain bids, from a selected list of ten E. Lex, bidders, for the East Lexington Fire Station; bids to Fire close on March 7, 1950. Station The meeting adjourned at 9;50 P. M. A true record, Attest; S ectme 1 b32 J Jurors SELECTMEN'S MEETING January 30, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, evening, January 30, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson, Hoyt and Driscoll were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three•jurors. 'Mr. John A. C. Kirg7, sales- man, 17 Lockwood Road was drawn to serve on Criminal Business, 1st Session at Cambridge beginning March 7, 1950. Edward M. McGovern, Telephone, 260 Bedford Street was drawn to serve on Civil Business, 2nd Session at Cambridge beginning March 6, 1950. Mr. Thomas F. Connors, livestock, 2151 Massachusetts Avenue was drawn to serve on Civil Business, lst session at Cambridge beginning March 6, 1950. Mr. Carroll retired at 7:05 P. M. and Mr. DeFoe, Supt. of Public Works, met with the Board. Mr. DeFoe reported that the proposed partition in the Partition Engineering Department would cost approximately $583 and Eng. the counter will be about $280. He was instructed to dis- Deptt, cuss this subject further with the Town Engineer and report to the Board next week. Mr. Harold Stevens, Town Counsel, met with the Board at 7:25 P. M. He presented, for the Selectmen's signatures, a petition and proposed Bill relative to time for payment of better - .Bill re: ment assessments without interest, and explained that Rep. aIseessment Ferguson thought it might be well to have a special Bill just for the Town of Lexington. The Board agreed to sign the petition, as prepared by Mr. Stevens, with one change. The Chairman read a letter from the Middlesex County Commissioners advising that a hearing will be held on Tues- day, March 21, 1950 at 2:30 P. M. relative to the laying out, relozation or alteration of Theresa Avenue, Mr. Stev ns was requested to represent the Selectmen at the hearing. r -w ,on 1 The Chairman read a letter from Mr. Carroll, Town Daddario Treasurer, advising that notice has been received from the Continental Cesualty Company concerning the cancellation of the Company's suretyship on behalf of A. D. Daddario for the amount of $10,000. The Clerk was instructed to give a copy of this communication to the Town Counsel. Further consideration was given to Mr. Alfred Iodice's ' letter indicating that he would like to purchase a land next to the Town barn in the rear? of Lot 0. ' The Chairman reported that the Superintendent Works and the Town Engineer are of the opinion that parcel of land should not be sold. Upon motion of Mr. Nickerson, seconded by Mr. was voted not to dispose of this property. Mr. Stevens and Mr. DeFoeretired at 9:10 P. M. 1 r piece of of Public thi s Hoyt, it Letter was received from the Planning Board with reference to a proposed bus route on Oat¢ Street, Baker and Taft Avenues, stating that the Planning Board is un- animously opposed and does not recommend that a license be granted due to the narrow width of the traveled way and the grades of the streets. The Clerk was instructed to invite Mr. Deeley of the Middlesex and Boston Street Railway to meet with the Board next Monday evening. Letter was received from the Medical Panel appointed to examine Officer Henry H. Harvey who has requested re- tirement due to illness. The Panel report stated that Officer Harveyts condition is not related to his serviee as a police officer but it is incapacitating and will permanently prevent him from performing any and all of his The Panel, therefore, recommended his retirement. Mr. Driscoll moved that the decision and r ecommenda- tion of the Medical Panel be accepted. Mr. Hoyt sedonded the motion, and it was so voted. Application was received from the Boston Market Gardeners Association requesting permission to use Cary 533 Offer to buy parcel of Town land Oak Street bus route Officer Harveyts duties. retirement Hall for a banquet on March 25, 1950, Mr. Gay moved that the use of the=halls be granted subject to a charge of35.4.'.: Mr; Hoyt seconded the motion, and it was so voted. Use of Halls Application was received from the Lexington Arts and Crafts Society requesting the use of Estabrook Hall and Cary Hall for an exhibition on April 30, 1950. Mr. Gay moved that the use of the halls be granted free of charge. Mr. Driscoll seconded the motion. -and it was so voted. Application was received from Richard F. Jackson re- questing permission to hold a 4-H Club meeting in a confer- ence room on February 6, 1950. Mr. Hoyt moved that the use of the room be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to grant the following licenses: Fred N. Viano 1794 Mass. Ave. Sunday Movies David S. Michelson 30 Harding Road Guide Licenses 534 Poll The Chairman read a letter from Ernest A. Giroux, ' Barnes relative to first aid facilities on the occasion of the Property 175th Anniversary of the Battle of Lexington, Arpil 19, 1950. The Red Cross would like the use of two rooms and a toilet in the Barnes property and the Munroe School. Mr. Gay moved that the use of the so-called Barnes property be granted as requested. Mr. Driscoll seconded the motion, and it was so voted. The request for the use of the Munroe School is to be referred to the School Committee. The meeting adjourned at 9=55 P. M. A true record, Attest; �r e , S ect 1 D SELECTMEN'S MEETING February 6, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, February 6, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Messrs. Littlejohn and Lewis, radio engineers, met with the Board and the Chairman explained that Mr. Paul Hannah, Raytheon Manufacturing Company, had requested an'appointment with the Board. Messrs,' Hannah and Stewart met with the Board. Mr. Hannah said that he understood Raytheon was the low bidder on the bids submitted so far for two-way radio equip- ment for the Town of Lexington, and that his company could meet the requirements of Chief Rycrof t on delivery. He also stated that he believed his company's equipment has been recommended as suitable for Lexington. He said that the equipment now being built by Ryatheon in much better than the equipment they had up to the present time. He explained that his company was making a special price for the Town of Lexington which is much lower than can be offered later. The reason for this is that Raytheon wants the prestige of having equipment in the communities next to Waltham. Mr. Hannah explained in detail the period of time his Company has been in business, operations during the war, number of personnel and net worth. The Chairman asked if there were any questions. Mr. Gay asked if the set Raytheon had bid on was their new set and Mr. Hannah replied thet his Company had bid on both, but recommend the new one which has been tried experimentally. He said that it has not been built in the production sense. Mr. Stevens said that only preproduction models have been built and none of them have been sold. Messrs. Hannah and Stevens retired at 7:15 P. M. Mr. Lewis told the Board that there are a number of reasons why he and Mr. Littlejohn believe the equipment they have recommended is better than what Raytheon has to offer. The Chairman asked if Mr. Lewis and Mr. Littlejohn recommended the Link equipment and both men repAed in the affirmative, Mr. Lewis asked if the money left over after the con- tract has been awarded would be available and the Chairman replied that it would unless it was transferred. Mr. Lewis said that Mr. Roeder and Chief Cook mentioned the fact that they might want a demonstration. He said that he would like to know what they intend to do before the money is turned back because it may be necessary to purchase some speakers. 535 Two-way radio 536 Mr. Lewis said that he thought the Board has no choieef-now but to accept Link's bid as it is set up, but there should be: money enough appropriated for ad- ditional speakers that might be necessary. Mr. Gay asked if Mr. Lewis would have any fear of a Raytheon demonstration and Mr. Lewis replied in the negative. He said that the reason he feels the equipment demonstrated is a better buy for the Town is because it has more selectivity and the new receiver will be more reliable. He said this cannot be proven but'Ahat is his opinion. 'He said that he thought Raytheon equip- ment would require more servicing. Messrs. Lewis and Littlejohn retired at 7:30 P. M. it was voted to award the contract to the Link Radio Corporation, accepting their bid #2 in the amount of $3947. At 7:35 P. M. Mr. Harold Stevens, Town Counsel, and 1 Mr. Warren Breslin met with the Board. Breslin Mr. Breslin explained that he purchased a parcel property of land located between old and new Massachusetts Avenue in Colonial Heights. In having the title looked up he found that in 1932 the land was in some way given to the Town. Mr. Stevens agreed to investigate the matter and report further on it. Mr. Breslin retired at 7:45 P. M. Mr. DeFoe, Supt of Public Works and Mr. Lindstrom, Building Inspector, met with the Board with reference to Mr. Linds'trom's letter dated January 20, 1950 in regard to an addition attached to the garage and salesroom of the Bradford Motors, 34 Bedford Street. Mr. Stevens, in a letter to the Board, stated that he Violation has reviewed both the Building and Zoning By-laws of the of Building Town and it is his opinion that the addition violates both & Zoning these by-laws. By-laws. Mr. Lindstrom reported that he has made a preliminary estimate of the worth of the building and as he figures it it is $260.84 without any profit. Mr. Douglas, the builder, claims to have billed Mr. Viano in the amount of $191*.00. Mr. Douglas told Mr. Lindstrom that he would take the addi- tion down and that Mr. Viano has plans for enlarging the building. This was a temporary measure for storing oil cans, etc. The Chairman asked Mr. Lindstrom what could be done to make the addition less of a fire hazard and he replied that it would be too expensive to do anything. The Board was unanimous in the opinion that the addition is a violation and should be taken down. Mr. Lindstrom retired at'8:00 P. M. 1 ' Mr. Stevens reported on the progress of the Parking Meter contract. Mr. Kochis, 468 Marrett Road and four other individuals met with the Board relative to the drainage between Spring and Middle Streets, The Chairman agreed to have the Sup+t. of Public Works and the Town Engineer check further on this subject and also to write Mr. Sabin, State Engineer, in an effort to correct the condition. The group, including Mr. Stevens, retired at 8;30 P. M. Messrs.,Deeley, Turner and one other representative of the Middlesex and Boston StrettRailLway Company met with the Board, at the Chairman's invitation, relative to the. proposed bus route over Oak Street, Baker and Taft Avenues. The .Chairman explained that the Planning Board is not very enthusiastic about the proposed route and is some4�what concerned about the width of the streets. However, the Selectmen have been over the route and they do not think it is too bad. He explained that it is possible that the individual who owns the land on one side of Oak Street may give the Town a ten foot strip, but his proposition may not be concluded for possibly six months. He asked if the Company considered hills a major hazard. ' Mr. Turner explained that the buses are heavy vehicles and when they start to glide it is not easy to stop them. He said that he thought there might be times when Oak Street could .be very hazardous. He said that if this run were operated as a trial, by the time the rail was actually in operation the ice hazard for 1950 would be over. He explained that the request for bus service in this area was filed by residents. The Chairman inquired as to the service and Mr. Turner said that they would probably try hourly service. Once an hour they would by-pass Massachusetts Avenue from Oak.Street to Taft Avenue. The Chairman asked if, after a trial period the Company did not feel this to be a worthwhile route, they would re- linquish their franchise. Mr. Turner said that he supposed if the trial proved unsatisfactory they would cease to operate. The Chairman said that, from the Board's point of view, it would not like to have franchises in effect if they are - not going to be used. The Chairman explained to the group that the Board may not take any action on this propdsed route for two or three weeks. The group retired at 8;45 P. M. ' Letter was received from Custom Built Homes, Inc. re- questing the installation of a water main in Hudson Road due to the fact that the houses on this road will be com- pleted within two or three weeks. 53? Drainage Oak Street bus route Froo i MW Request The Chairman agreed to advisec'the corporation that for this particular project has never been included in any Water, water main appropriation and due to pressure of immediate ' Hudwon Road commitments, the request cannot be considered before the first of April. ! Mr. DeFoe retired at 9:00 P. M. and Mr. Philip P. I Spencer met with the Board. Mr. Spencer had previously submitted an offer to pur- chase a parcel of land on Valley Road for which the Board entertained an offer of $1400. Mr. Spencer said that Paul McCormack told him this land would have to be put through Tax Title Land Court and it will cost"between $300 and $400. He said that he cannot pay $1400 plus this additional expense and asked if the Board would consider reducing the price of the land. The Chairman suggested that Mr. Spencer explain the situation to the Board in writing and submit the best offer he can. Mr. Spencer retired at 9:05'P. M. The Appropriation Committee met with the Selectmen and budgets were considered until 11:15 P. M. It was agreed to meet again on Saturday morning at 9:30. Application was received from Donald J. Gillespie, Jr. of the Lexington High School, requesting permission to con- duct a concert of instrumental music in Cary Hall on Friday ' evening, May 120 1950 from 8:00 P. M. until 10:00 P. M. Mr. Nickerson moved that the use of the hall be granted, subject to a charge of $35.00. Mr. Hoyt seconded the motions and it was so voted. Application was received from the Lexington Choral Use of Society for permission to conduct a rehearsal and concert Hall in Cary Hall on March 18 and 19 from 7:30 P. M. until 11:00. The concert is open to the public and no admission is to be charged. Upon motion duly made and seconded, it was voted to grant the use of the hail free of charge. Application was received from Anthony DePaolo request - ''Pool Ing permission to transfer his license to operate a pool room room from 1804 Mass. Avenue to 3 Bow Street. license The Clerk was instructed to contact the Chief of Police and obtain a statement from hi*. Application was received from Robert B. Keene, 49 School License Street requesting the renewal of his Peddler's License. Mr. Gay moved that the application be approved and the license signed. Mr. Driscoll seconded the motion, and it was so voted. 1 Application was received from Bernard Hart, 54 Spring Street requesting a Peddlers license. Satisfactory character reference was received from the Chief of Police. License Mr. Nickerson moved that the application be approved and the license signed. Mr. Gay"seconded the motion, and it was so voted. The Chairman read a letter from Town Counsel with reference to Mr. Boynton's request for a permit to operate License a Pin Ball Machine in his gasoline station at 27 Massachusetts Avenue. Mr. Stevens stated that, in his opinion , a machine that gives only free games as prizes is nevertheless a lottery and is illegal. Mr. Hoyt moved that Mr. Boynton's application be denied. Mr,. Driscoll seconded the motion, and it was so voted. The meeting adjourned at 11:30 P. M. A true record, attest: 1 1 , S ectmen. 54® SELECTMEN'S MEETING February 13,1950 A regular meeting of the Board o£.Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, evening, February 13, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe met with the Board and discussed the possibility of constructing Coolidge Avenue as a Chapter 90 project. Chapter He informed the Board that he had discussed this with Mr. 90 Sabin:$ f±Pst assistant inasmuch.as Mr. Sabin is away and he expects to have a definite answer within two weeks.. Mr. Harold Stevens, Town Counsel, met with the Board at 7:15 P. M. Wheeler The Chairman read a letter from the Burlington Board Road of Selectmen advising that some provisions have been made for work to be done on Wheeler Road in the near future. Request for The Chairman read a letter from Lexington Construction water pipe: Co•, Inc.. requesting the Board to include 3500 feet of water Wood St. pipe in this year's budget for the development located on Wood Street. The Chairman read a letter from Samuel Barker, 43 Barker's Woburn Street with reference to his dog which was shot by Dog a police officer. The dog, at the time of the shooting, 1 J Mr. DeFoe informed the Board that he had advised Mr. Newgent that.he did not believe his request could be granted. Letter was received from Mr. Edwin B. Worthen stedng Screen that he had received a telephone call form Mr. Walter Sands, for Cary Chairman of the Cary Lectures Committee. Mr. Sands claims Hall that the projector screen in Cary Hall has outlived.its usefulness and suggested the purchase of a beaded screen, approximately 8 x 10, which is kept rolled in a case when not in use. The estimated cost is $100. The subject was referred to Mr. DeFoe for a report. The Chairman read a letter from Miss Katherine T. Leary Leary with reference to her property at 45 Waltham Street. claim Mr. Stevens agreed to make an appointment to discuss this matter with Miss Leary and Mr. DeFoe. Letter was received from Mr. Leo A. Boynton with further Pin Ball reference to his request for a permit to maintain a Pin Ball Machine machine in his gasoline station at:227 Massachusetts Avenue. Mr. Boynton claims that such machines are now legal. Mr. Stevens said that he was assured by one of the Legislators that the machines are illegal, but he agreed to check further. The Chairman read a letter from Samuel Barker, 43 Barker's Woburn Street with reference to his dog which was shot by Dog a police officer. The dog, at the time of the shooting, 1 J 541 was attacking Mr. Barker's aged mother. Mr. Stevens said that in his opinion-ithere is no liability on the part of the Town. The Chief of Police met with the Board later on in the evening and made the following statements: On the day in question I was alone in the Station. At appro$imately two minutes to twelve I received a telephone call from Mr. Semonian who was very exceited and difficult to understand. He said that a woman wanted the police to go down to Barker's house right away as the dog was chewing up Mrs. Barker again. I had one car in North Lexington and one in East Lexington as it was school time. I called Fitzgerald, realizing I had a rookie on duty, but sent him down anyway. I thud called Miss Early, at the Munroe School, and had Officer Day go aown right away. I knew fnem the last episode that tnere might be trouble. Mr. Berker came into the station while I was home for lunch and was very obnoxious about the whole matter. There was no worry at all about his mother, 94 years old, but just the dog. Apparently from his attitude he brushed the mother aside and showed that the dog came first and the mother came second. He then writes a letter and said that the "dog nipped my mother's ' finger as she fell in the hallway". Ben. Day is an experienced officer and he told me'.that there was a considerable amount of blood on the bed. We felt that the dog attacked the aged lady on the bed first. I talked with Mr. Rich, who is in charge of the Symmes Arlington Hospital, about about getting a medical report to show what this woman suffered on both occasions. I first talked to Miss DeWolfe and she referred me to Mr. Rich. He said that he would like very much for the Board to see the medical report on this woman, but it is the policy to require a court order when reports are given out. Dr. Short handled the case on both occasions. I told him we were only police officers and not medical men, and in the letter accusing our men, the son said his mother's fingers were nipped. Dr. Short said, and he wcs willing to be quoted, that she was most severely bitten. She was so badly bitten the tendons showed exposure from one to one and one-half inches on both hands. In fact there was nothing to sew to and she could only be bandaged. The daughter is mentioned. I wanted to check to determine who ran to the store. I thought it was a Mrs. Young who lives downstaits in the Barker house. She heard the screaming and ran to the store and relayed our message. Mrs. Barker's daughter ' was visiting a family by the name of McCarron who lives next to the railroad tracks. As far as we know she never appeared on the scene until after the police had arrived. The first thing she said, according to Officer Baylis, was about the dog. 542^ In his letter Mr. Barker stated that a doctor at the Belmont Anim� al Hospital said that we would be "breaking the law which requires fourteen days restraint and had to have his per- mission". Mr. Barker is either misquoting the doctor or the doctor is not informed as to what the law is. If we can, w* fire away from the head. He says in his letter that the dog came in and put his pagrs up. The dog never got that close to Officer Baylis or Officer Day. When'the dog left the woman and started for Baylis, he fired. He did not kill him but wounded him. The doh; went into the other room. They tried to get a towel in which to wrap the woman's bleeding hands, but were unable to find one so Office Day used his handkerchief and sterile bandages until the ambulance arrived. At no time did the dog put his paws up. The woman is still in the hospital and has a broken hip. We don't know if she broke herthip trying to get away from.the dog or not. We did not interview her because of her age and I don't believe she would tell very much anyway whether from fear or not I don't know. Dr. Short said that on both occasions she was chewed eery badly. He said it was brutal. We understood after the first episode that Mr. Barker was going to give the dog back to the original owner. When the Officers told me what they had done I complimented them. Their lives were in jeopardy and they did just what anyone should have done. It would have been a different story if Baylis froze on the job and the dog killed the woman. My. personal reaction is that they did.s. splendid job. Veterans Upon motion of Mr. Gay, seconded by Mr. Driscoll, lot #1 it was voted to sign a deed, prepared by Town Counsel, Hill St. conveying veterans lotl, Hill Street to Anthony P. Zerella and Margaret J. Zarella, husband and wife. The Clerk informed the Board that Mr. Hewhall, Chair- man of the 19th of April Commiteee, telephoned with refer- ence to granting permits for the erection of food booths on Emery Park. The Rotary -Anes have submitted and application for a permit. Tponimotion of Mr. Hoyt, seconded by Mr. Gay, it was voted that Emery Park be utilized by Lexington people onlyp subject to the approval of the Town Counsel. Mr. Stevens retired at 8:00 P. M. Hearing was declared open at 8:00 P. M. of the Watson intention of the Board of Selectmen to lay out Watson Road I Road from Robbins Road, southwesterly to Lexington Avenue, a distance of approximately 308 feet. No persons appeared in favor or in opposition. Upon motion of Mr. Nickerson, seconded by lair. Gay, it was voted that Watson Road be laid out and established as a public town way from Robbins Road, southwesterly to Lexington Avenue, a distance of approximately 308 feet. At 8:05 P. M. Mr. Robert T. Person, 4 Lexington Avenue, met with the Board. He said that he would like to know how much the construction of the street will cost. The Chairman said that the cost would be approximately $6.00 per front foot and'the assessment may be paid over a period of ten years. Mr. DeFoe presented a plan entitled "Plan of Watson Road, Lexington, Mass., Scale 1 in. = 40 ft. January 19, 19501% William M, Burns, Town Engineer" and explained the proposed street layout. The Chairman asked if Mr. Person wished to be recorded in opposition and he replied in the negative. Messrs. Person and DeFoe retired at 8:15 P. M. Application was received from Richard F. Jackson, for permission to conduct a restaurant sanitation course in a Conference Room, Cary Memorial Building on Februury 20th from,2:30 P. M. until 4:30 P. M. Mr. Hoyt moved that the request be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. ' The Chairman read a letter from Mr. Carroll advising that John F. Rich has submitted his resignation as a member of the Board of Appeals. The Chairman read a letter from Roland B. Greeley request- ing the Board to appoint one of its members to the Board on the Board of D�peetors of the Lexington Visiting Nurse Association. Chairman Gustin, Messrs. Foley, Packard and Person of the Recreation Committee and all the members of the Appropriation Committee met for the purpose of discussing further the 1950 budgets submitted by the Recreation Committee: A general discussion was held and the meeting adjourned at 9:50 P. M. /e'ctm n. C 543 Use of Hall Resignation �4 V. C. pipe SELECTMENIS MEETING February 20, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 20, 1950 at 7:00 P. M. Chairman pinery, Messrs. Gay,.Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe, Superintendent of Public Works, met with the Board and presented each member with quotations received from the Lexington Lumber Company and Waldo Brothers for specified quantities of V. C. sewer pipe and fittings. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to accept the low bid of the Lexington Lumber Com- pany, totalling $2076.03. Mr. DeFoe reported that Mr. Robert Friars, a lecturer, obtained a screen for Mr. Walter Sands, Chairman of the Cary Screen Lecture Committee, to be used in Cary Hall. Mr. Friars was for Cary willing', to deduct his commission from the price of the screen Hall which would reduce it to 474129 including express charges. According to Mr. DeFoe, Mr. Friars also agreed to leave the screen even though the Town refused to pay for -it., but Mr. Sands would not agree to any such arrangement. Mr. DeFoe informed the Board that insofar as he is able to determine the screen now being used is the original one and should be replaced. The Chairman felt that a new screen is needed and thought this appeared to be a good buy. Mr. Gay reported that one Henry Brask had looked at the new screen and in his opinion it is a perfect screen and better than the one recently purchased for Estabrook Hall. Mr. Gay moved that the screen be purchased at .a net cost of $74.29. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe stated that Mr. Walter Harrington, Somerville, Re: Water who owns Lots 4 and 5 on Winter Street has requested the ex - Winter tension of a water main to serve his property inasmuch as he Street expects to build a house. It was the opinion of the Board that there are many requests for water, received prior to this one, where it is 1 1 more urgdntly needed and from which more people will derive benefit. Mr. DeFoe presented a sketch of Wheeler Road and explained Re: Water' that some individual is building a house on this road and has Wheeler requested the extension of a water main. He explained that Lex. Road ington would have to obtain permission from the Town of Burling - tion, State Board of Health and also from the M.D.C. The Chairman questioned the legality of such an installa- tion and suggested that Mr. DeFoe take this up with Town Counsel. 1 Mr. DeFoe also submitted requests for water main ' extensions in Robbins Road, Webb Street, First, Second and Third Streets, Young Street and Dunham Street. He was instructed to place all requests on file and present them to the Board for r eveiw again after the Annual Town Meeting. Mr. Stevens, Town Counsel, met with the Board. Mr. DeFoe reported that he and the Town Counsel went to see Katherine Leary relative to her alleged claim for damages to hercproperty at 45 Waltham Otreet. errs. Saxton, Leary her sister, was there and apparently she is less inclined claim to settle than is Miss Leary. It was left that they will have someone look the property over and the Town Counsel would also have an inspection made. Mr. Stevens reported that he had someone look.at the property and reported that there is nothing to do but have a wall. Miss Leary agreed to call Mr. DeFoe. 1 1 Mr. DeFoe reported that William Mason, an employee in the Public Works Department was absent from work due to illness from January 13th to January 31st inclusive, but did ;not have a doctor. Two or three years = ago the .Boe"y;,-4 :, ,. Mason in a vote relative to sick leave, ruled that an employee Sick leave to receive pay for sick leave after the first two days absence must present a doctors certificate. Mr. Mason said that he had witnesses who would testify that he was ill. Mr. DeFoe read a statement to the affect that Mr. Mason was confined to his home by illness, signed by Mrs. Mason and Wadwell Holman, who lives in the same house. .Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize Mr. DeFoe to make an exception in this particular instance, due to the circumstances, and pay Mr. Mason sick leave. Letter was received from the Boston and Maine Railroad with reference to further cancellation of trains from Lexing- ton --to Boston on Saturdays. Train It was agreed to have Mr. Adams include an item in the Cancelle- Minute Man suggesting that all individuals opposed to the tion cancellation call the Selectmen's Office and leave their names and addresses. Mr. Stevens suggested that the Chairman write to Mr. William H. $irby, Direct, Railway and Passenger Division of the. D.P.U., State House: and ask to have a survey made. Mr. Stevens presented an Agreement, in duplicate, between the Town of Lexington and the Mages -Hale Park -O -Meter Company, Parking for the. delivery and installation of 120 Model "G" Automatic.: Park -O -Meters, for a total sum not to exceed $7,380.00. Mr. Gay moved that the contract be signed. Mr. Nickerson seconded the motion, and it was so voted. Messrs. Stevens and DeFoe retired at 8;05 P. Ms `46 At 8:05 P. M. hearing was declared open upon the applica- tion of John Busa,for a license to maintain one underground tank for the Storage, of 1,000 gallons of gasoline on premises ' located at 52 Lowell Streets A notice of the hearing was inserted in the-eebruary 9, 1950 issue of the Lexington Minute- Man. No persons appeared Buss gas in opiosition and Mr. Buss's son -.was the only person present hearing in favor. Mr. Busa explained that the gas would be used for farm equipment and further stated that he has no tank at the present time. The Chairman explained that the application has been approved by Roy A. Cook, Chief Engineer of the Fire Department. Mr. Gay moved that the application be approved and the license signed. Mr. Hoy seconded the motion, and it was so voted. Mr. Busa retired at 8:09 P. M. Hearing was declared open upon the joint petition of the Boston Edison Company and the New England Telephone and Tele- graph Company for permission to locate two poles on North Street. No per's ons, mere:;presexit in"favor; or. in, opposition. and :the Chairman explained that the petition has been approved by the Pole Town Engineer and the Superintendent of Public Works. Location Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to grant the petition and sign the order for the following pole locations: North Street, southeasterly from ' a point approximately 80 feet southeast of Burlington Street. Mr. Robert Person, representing the Recreation Committee, Messrs. DeFoe and Stevens met with the Board. Mr. Person presented plans, termed by him as rough sketches, of the proposed toilet facilites for the Center Toilet II playground. He explained theiconstruction and informed the facili-d Board that he had received and estimate from Howard Custance ties in the amount of $113,725 for plan A with the gable roof Center and $115,200 for plan B with a flat roof. The Town Engineer play- submitted a quotation of 42730 for sewer connection. Mr. ground Person explained that the total cost would be approximately $15,000. Mr. Hoyt asked if the proposed building would be con- sidered a temporary measure and Mr. Person replied that his Committee felt it would adequate for a number of 'years. The Chairman said he thought the Recreation Comittee should met with the Board next Monday and didnuss this at which time the Selectmen will have a report as to how they feel about it. He further suggested that Mr. Person meet with the Ap- propriation -Committee this evening and discuss the subject with that Committee. Mr. Person agreed and retired at 8:25 P. M. Mr. DeFoe•also retired. ' Mr. Nickerson suggested that the Board defer any action on the Recreation Committeest request for $15,000 for toilet facilities at the Center playground until after the Appropria# tion Committee has acted upon it. Mr. Kraff, of Shopperet Haven, met with the Board and ' said that he would like to find out about his Common Victuallers license which expired on December 31, 1949 and has not been renewed. The Chairman explained that the Board had held it up because of complaint relative to Sunday sales. Mr. Zraff said that there is not a store in Lexington or any town that is open on Sunday that can say that they do not prepare to do business on Sunday. He said that there are always emergencies coming up. He stated that any complaints received have not come from the public or the police or any other officials, but from jealous competitors. He said that there is no business which he does on Sunday that any competitor cannot get. Regular Cus.tomerB come in on Sundays for emergencies and in some instances he has to accomodate them. He said that he does not sell to just anyone who happens to come along. He stated that his store is open Sundays for the soda fountain# beverages, etc., but when an emergency arises he takes.care of it. He mentioned one instance when the proprietor of the Domine Manse in Bedford came in on a Sunday because she was not prepared to take care of all her reservations. He said that he had never seen her before and that she buys wholesale butthis was an emergency and one which he told the Chief of Police about. The Chairman asked Mr. Kraff if he is the proprietor and he peplied that he opened the store for his son-in-law. The Chairman asked if Mr. Kraff was at the store most of the time and he replied that he was at the store at all times. The Chairman said that he would then know what went on at all times and Mr. Kraff said that he certainly does. He said that he did not wish to hide anything. He said that as far as actually doing business on Sundays, he is not hurting any other competitor. He stated that his Sunda customers buy items for Y Y emergencies and purchases they had not planned. The Chairman explained that the Selectmen have the responsibility of trying to see that the laws are upheld and the ebmplaints forced the Board to look into the matter. He further stated that the Board intneds to refer it to the Town Counsel and that is the way the matter stands at the moment. Mr. Kraff asked how the Common Vi-ctuallerts license would affect the Sunday Sales license and the Chairman replied that he did not think it has any direct affect. Mr. Stevens asked if W. Kraff would divide the store and thereby solve the problem. Mr. Kraff said that he would have to move so many items on Saturday night for Sunday that it would not be possible. Mr. Stevens saidw tha as it is no it is one store. It could be divided into two and no difficulty would rise. Mr. Kraff said that it just would not work out. Mr. Stevens asked who the older man is who works on Sundays and Mr. Kraff said that Mr. Bryant is never there on Sundays. ' Mr. Stevens said that Sundays was the only time he ever saw him. He said that he had been there on many Sundays before he became Town Counsel. Shoppers, Haven 548 Mr. Kraff said that Mr. Bryant was in the store only one Sunday in two years and that was when he came in to help ' take inventory. He stated that his daughter helped out at one time and that Mr. Bryant, who works on the meat side, works five days a week and not on Sundays at all. Mr. Stevens said that this is a situation where admittedly Mr. Kraff iscelling on Sundays and the law makes no allowances for emergencies. He explained that the Board is faced with'the fact that there is a law violation going on and it could be cured if the store were divided. However, Mr. Kraff might de- cide ecide that it would be better not to remain open than to divide the store. Mr. Stevens said that he was not prepared to give the Board his final decision this evening. Mr. Kraff said that he was not doing any meat business. on Sundays that amounts to anything. Mr. Stevens and Mr. Kraff retired at 8:45 P. td. Mi'. Burns, Town Engineer, -met with the Board. Application was received from the Lexington Field and Garden Club for permission to conduct a meeting in Estabrook Use of Hall Hall on the evening of March 13th from 7:30 P. M. .until 10:30 P. M. Mr. Hoyt moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. Application was received from the Veterans of Foreign Wars requesting permission to conduct meetings in Estabrook Hall and a conference room on the evening of March 1st from 7:30 P. M. until 10:30 P. M. Use of Hall Mr. Hoyt moved that the uses be granted free of charge. Mr. Gay seconded the motion, and it was so voted. 1 1 Application was received from Fred Viano for a Sunday License Movie License for February 26th. Mr. Nickerson moved that the License be approved and signed. Mr. Gay seconded the motion, and it was so voted. Further consideration was given to Mr. DePaolo's applica- tion for a pool room license at 3 Bow Street. The Chairman read a letter from the Chief of Police e% stating that, in his opinion, parking facilities are not a"—. Pool room quate unless the cars are parked on Mass. Avenue. He further license stated -that he is opposed to the operation of a pool room in Lexington and more so now that the location is to be moved from the center where there was more opportunity to keep a check on it. The Chief stated that Arlington does not permit pool rooms and he felt that this particular location might invite undesirables from the Town of Arlington. The Clerk was instructed to invite Mr. DePaolo to meet with the Board. 1 1 The Chairman read a letter from iToseph R. Belcik, 69 Valleyfield Street claiming that the town crushed a drain pipe when the water was installed, causing water to back up into his cellar. Drainage Mr. Burns explained that the Town replaced the broken complaint drain pipe two years go. He said that the pipe could be re- placed again but it will not do any good. He said that he has explained this to Mr. Belcik many times, but he is willing to put the pipe in if Mr. Belcik will tell him what he wants and.where he wants it placed. He said that it would cost less than $25. Mr. Nickerson asked if there is any way to make the drain work sftisf actorily and Mr. Burns replied in the negative. He said that the entire swamp would have to be drained. The Chairman suggested that Mr. Burns contact Mr. Belcik -and advise him that the_pipe would be replaced if he will show Mr. Burns where he wants it laid. At 9;15 P. M. six individuals from the Town of Bedford, whose names were not given, met with the Board relative to Bedf ordls sewer problem. The Town appropriated money for a study and engaged Metcalf & Eddy. The Veterans Hospital is having trouble with its sewage plant and polluting the water at the Sachw m Council .Boy Scout Camp. Bedi'ord would like to work out a -deal whereby the State, Bedford and Lexington could get the sewage piped down the M.D.C. Mr. Burns inquired as to how far Bedford has gone with the consultant engineers and was informed that Metcalf and Eddy has made a study of the collection system. He was told that the Town of Bedford would need to obtain Federal aid to get the pipe coming down from Bedford. Mr. Burns said/that first it would have to be determined how much Bedford will deliver and asked if it is planned to take over the Bedford. Hospital. JOne of the representatives replied in the negative, but said that the'would like to eventually. Mr. Burns said that if they could find out how much Bedford will deliver in sewage it would give Lexington some idea at least as to how much Lexington would be getting into to pick up Bedfords sewage as well as Lexington sewage. He explained that the Lexington pipe may have to be larger, and that it would be necessary to have a consultant to deter- mine that. Mr. Burns also said that it would have to be decided whether or not the force main now at the pumping station would be large enough to handle the proposed addition and fit would require some study,; He said also that there would be the question of the maintenance of the pumping stetion. He said that personally he thought it might be cheaper for Bedford to dump into Lexington's wet well and handle the maintenance between the two towns. He said that Bedford would have to find out whether or not the M.D.q. would take the town into its system. Bedford sewer problem eau ►-w One of the representatives said that he spoke to an M.D.C. commissioner who advised him that if the Bedford Selectmen wrote to the Commission arstudy would be made, but that the price for Bedford alone would be prohibitive. ' Mr. Stevens, Town Counsel, returned to the meeting. He said that it would be a fairly expensive line to run up to Bedford, but there is no reason why a study cannot be made and if the Federal Government would finance it, it would of course be a help. He said that the M.D.C. could not agree to expand the bystem for Bedford. He explained that the M.D.C. does not have funds of its own to spend and the costs are distributed against the various towns in the syste*.* Mr. Burns said that from an engineering point of view, pumping into the Lexington Station is feasible, but there is the question as to whether the present pumping station can handle it. Mr. Stevens suggested that the problem be discussed further with Metcalf & Eddy. The group retired at 9:55 P. M. Petition for a joint pole location was received from Pole the Boston Edison Company and the New England Telephone and Location Telegraph Company for the removal and placing of one pole on Lowell Street. Both the Superintendent of Public Works and the Town Engineer approved the location. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the petition and sign the order for the follow- ing pole removal and location: Lowell Street, approximately 2,620 feet northwest of Haskell Street. , Application was received from the Secretary of the Cert. of Commonwealth for a Certificate of Incorporation filed by Inc. George D. Jackson, Jr. of 28 Reed Street, Lexington. Satisfactory character reference was received from the Chief of Police. Mr. Gay moved that the application be approved. Mr. Nickerson seconded the motion, and it was so voted. Notice was received from the Massachusetts Selectmen's Association relative to bills H-487 and H-1612 to make Schoal school appropriations and expenditures subdect to the same bills laws that apply to the appropriations and expenditures of other municipal departments. No action was taken. Vet. Lot Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was #7 deed voted to sign the deed, prepared by Town Counsel conveying Veteran.Lot #7 Hill Street to Edmund Morelli. The Clerk informed the Board that Mrs. Harold wheeler, representing the Lexington Red Cross Chapter, had requested Red Cross permission to erect a sign on Emery Park similar to the one sign used ;ast year. Mr. Gay moved that the request be granted. Mr. Hoyt seconded the motion, and it was so voted. ' Letter was received from the Appropriation Committing advising that a joint meeting of that Committee, the Selectmen, Chairman of the Board of Assessors, Chairman of the School Committee and Chairman of the Cemetery Commissioners will be held in the Selectmen's office on Monday evening, February 27th at 7:30 P. M. This meeting is held as required by Article 13, Sedtion:.2 cif the General By-laws. The meeting adjourned at 10:33 P. M. - A true record, Attest: 1 551 552 Jurors Sidewalks 'Liberty- Ledgelawn easements SELECTMEN'S MEETING February 27, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 27, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four Jurors. Mr. John J. Smith, Jr., furniture sales, 121 Grove Street, was drawn to serve on Civil Business, Mr. Joseph Donnelly, C.P.A. 48 Forest Street, was drawn to serve on Criminal Business, lst session. Mr. Charles E. Hogan, underwriter, 34 Hayes Avenue, was drawn to serve on Criminal Business, lst session. t1r. Arthur S. Pierce, trucking, 6 Dexter Road was drawn to serve on Criminal Business, lst session. Mr. Carroll retired at 7:05 P. M. and Mr. DeFoe, Supt. of Public Works, met with the Board. Mr. DeFoe reported that the estimated cost of construct- ing sidewalks, as requested by the First Church of Christ Scientist, will be $318 for the entire project of which the abutter pays one-half or $159. The Chairman agreed to advise the Church that this pro- ject will be reviewed some time after March 27th. Mr. Stevens, Town Counsel, and Mr. Bruce arrived at the meeting. Mr. DeFoe gave a report of progress relative.to the number of signatures that have been secured with reference to easements in the Liberty-Ledgelawn section. He stated that there are 45 parcels on Ledgelawn Avenue; six not signed, one lot has been signed for by a wife whose husband is out of town and 39 have signed. On the other streets, out of a total of 36 parcels, 24 have signed, 9 refused and 3 were not contacted. Mr. Bruce also gave a report and said that if something definite could be told to the property owners it might be pos- sible to secure more signatures. He suggested telling them that the streets are going to be constructed whether all sig- natures are obtained or not and if it becomes necessary for the town to get into any litigation, the expense will be added to the cost of the project. The Chairman said that it was very true that if the Town is involved in litigation, the cost will be added to the project and have to be paid by all the neighbors. Mr. Stevens said that Mr. Bruce could go as far as saying that the streets are going to go through and that refusing to sign the easements will only delay the project. Mr. Bruce agreed to try to secure a few more signatures and stated that he would report to Mr. DeFoe by Wednesday or Thursday of this week. Mr. Bruce retired at 8:40 P. M. J 1 1 The following members of the Appropriation Committee met with the Board: Chairman Patterson, Messrs. Cleveland, Donnelly, Bateman, Smith, Hall, Vadeboncouer, Tucker, and Mr. Walker the Town Accountant. Chairman Thomas of the School Committee, Chairman Emery of the Board of Assessors and Mr. Potter, representing the Cemetery Commissioners were also present. This meeting was called by the Appropriation Committee as provided for under Article XIII, Section 2 of the General By-laws, and conducted t►y Mr. Patterson, Chairman of the Appropriation Committee. The Chairman referred to the budgets submitted by the Snhool Committee and Mr. Thomas agreed to the amounts as read. The Cemetery budgets were then considered and Mr. Potter questioned the Personal Services budget which had been figured to include a raise for the Clerk, but reduced by the Appropriation Committee, Mr. Patterson explained that no increases had been approved for any Clerks, and that the Appropriation Committee felt that as long as the Clerk wants the ;fob no change should be made in the salary. The Committee also is of the opinion that the Cemetery records.should be taken care of at the Town Offices, Mr. Potter said that he agreed that the records should be in the Town Offices and had said no for years. Mr. Patterson said that if the Clerk should give up the ' work, the Appropriation Committee believes that it could be handled without any increase in clerical help. There were no questions on the Cemetery - Wages and Expenses budgets. The Chairman then took up the budgets submitted by the Board of Assessors. Mr. Emery asked if anything could be done about the salary for the Senior Clerk in his department. The Chairman replied that it is the opinion of the Appropriation Committee that all clerks in the Town Hall would have to go along without any increase. Mr. Emery had no further questions and the group retired at 7:55 P. M. Mr. DeFoe reported on the possibility of constructing Collidge Avenue as a Chapter 90 project. He said that he was told that if the County agreed, the State would approve it. Mr. Hatch, the County Engineer, told Mr. DeFoe that he would recommend it to his Commissioners. Mr. Stevens recommeded that the Board of Selectmen petition the'County to lay out and construct Coolidge Avenue. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to petition the County Commissioners to lay out and construct as a public way Coolidge Avenue westerly for about 1,000 feet fo Hancock Street. it 553 Budgets Constr- uction of Coolidge Avenue 555 Mr. Stevens said that he has discussed this subject with Mr. Allen Benjamin and it appears that the power of the Planning Bocrd is very serious. About two years ago the State made a survey of the various Planning Boards and the majority of the Boards require the subdivider to put in water. Some•Boards require installation of sewers, and they all require streets. He said that he does not believe there. -is any legal obligation on the part of the Town to put in water for a subdivider. The Chairman asked if the Planning Board, as a Board of Survey, has the power to make an agreement with a sub -divider which would put the Town under obligation to spend money to fulfill the terms of the agreement. Mr. Stevens replied that the Planning Bo4rd can require the sub -divider to do things, but there is nothing in the Statute authorizing the Planning Board to bind the Town. The Chairman asked if any agreement between the Planning Board and a sub -divider, involving spending money, would be contingent upon the Town passing a vote to spend the money and Mr. Stevens replied in the affirmative. The group continued to discuss the subject at length and retired at 10:10 P. M. The Chairman read a notice from the Department of Public Utilities stating that a hearing will be held on Wednesday, March 22, 1950 at 11:00 A. M. upon the petition of the Boston ' and Maine Railroad for approval of the discontinuance of Saturday trains. Mr. Stevens retired at 10:15 P. M. Letter was received from the Board of Fire Engineers advising that the Gorham Fire Equipment Co. will allow $150 for 1100 feet of fire pair cable against the purchase of a generator. Fire Mr. Hoyt moved that the Fire Engineers be instructed Cable to refer this to Town Counsel for advice. Mr. Driscoll seconded the motion, and it was so voted. Letter was received from Mr. Garrity recommending a procedure for obtaining permission from property owners on Planting East Street to plant trees in front -of thfer property. trees, East Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Street it was voted to endorse Mr. Garrityts recommendations and, authorize him to proceed accordingly. Mr. Garrity also commented on the proposed toilet Center facilites for the Center Playground. He suggested the playground elimination of the expense of connecting the facilities toilet f ac. to the sewer and the installation of a septic tank. ' The Chairman decided to hold a special meeting on Saturday morning at 10:00 to disuess this project further with the Recreation Committee and the Appropriation Committee. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to approve the following pole location: 656 Pole Massachusetts Avenue, northeasterly Location side, approximately 115 feet northwest of Bloomfield Street, One pole. One existing jointly owned pole to be removed. The Chairman read a proclamation, prepared by Bertram Gustin, relative to the adoption of.a tricorne hat as the 19th of motif for the 19th of April celebration. It was the April opinion of the Board that the Selectmen should not become motif involved, and that the proclamation should be issued by the Chamber of Commerce or some other group. The Chairman reported that he had an artist look at the paintings in Cary Memorial Building as a result of a letter received from Mr. Frothingham calling the Board's attention to the condition of the pictures. The artist recommended better lighting on the larger picture, the Battle of Lexington. The artist did recommend, however, that a good cleaning job be done on the other tveo paintings, and this will cost approximately $150. A photostatic copy of Chapter 104, an act validating the acts and proceedings at Fdjourned sessions of the Act annaul Town Meeting of the Town of Lexington held in 1969, was received. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the following licenses: Fred N. Vaino 1794 Mass. Ave. Sunday Movies Licenses Robert Tucker 700 Meriam St. Guide License Daniel:P� Curtin 435 Marrett Rd. Common Victualler Mr. Curtin's application for a Second Class Agent's license was held over until the next meeting. Application was received from the Sacred Heart Parish requesting permission to hold a Minstrel Show in Cary Hall Use of Hall on March 16, 1950. Mr. Gay moved that the use of the hail be granted, sub- ject to a charge of $35.00. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from Philip Godley, PresI46nt of the Fiske School PTA, in which he stated that motor vehicles have been using the footpath between Woodland Road and the Fiske School. A copy of the letter was sent to the Chief of Police. u The Clerk reported to the Board that Prof. John H. Judge, Heart Chairman of the 1950 Heart Campaign had requested permission ' campaign to conduct a so-called Tag Day. He has discussed this with tag day Mr. Grindle and also Mr. Sukeforth of the Lexington High School who have agreed to have students participate. The Board had no objection providing the School Committee is in favor. The meeting adjourned at 11:20 P. M. A true record, Attest: �er , S ect n. 1 U 1 554 Mr. Stevens reported that the Lumbermen's Mutual Insurance MW Company will settle the Webb case for $161.98, damage to a hydrant on Spring Street, and recommended that the Town , accept the settlement. Mr. Hoyt moved that the Town Counsel be authorized to Claim settle the case of the Town of Lexington v. Effie V. Webb, Dorchester, in the amount of $161.98. Mr. Driscoll seconded the motion, and it was so voted. Mr. Stevens reported that the Lumbermen's Mutual Insurance Company has also agreed to settle the Rourke case fbr $20 damage to trees on the property opposite the Lexington Nurseries, and recommended that the Town accept the settle- ment. st Mr. Driscoll moved that the Town Counse],%v. Albert F. Rourke, Somerville in the amount of $20. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe discussed further the subject of paying Mr. William Mason sick leave and disclosed information he has Sick Leave received on this subject since the last meeting of the Board. Upon motion of Mr. Gay, seconded by Mr. Hoyt it was voted to rescind the vote passed last week whereby the Suptt. of Public Works was authorized to pay Mr. Mason sick leave., Mr. DeFoe retired at 8:35 P. PA. and the following members of the Planning Board met with the Selectmen: Chairman Cromwell, Messrs. Adams, Couette, Johnson, Potter and Ripley. The Town Engineer was also present. , Facilities The Chairman of the Boerd of Selectmen explained that for sub- this meeting was called as a result of the action of the divisions Selectmen in asking the Town Counsel questions with reference to the obligation of the Town, if any, to install facilities for subdividers where the subdivider does not pay the total cost; or the legal right of either the Board of Survey or the Selectmen to make the subdivider pay a percentage of the total cost. He explained that the questions had arisen when the Board started to figure the cost of installing several miles of water pipe. Mr. Stevens said that, as the Planning Board knows, and as he reported to the Selectmen, the Statute 81-M authorizes the Planning Board, as a Board of Survey, to require the sub- divider to put in public utilities. When the Board requires it, it is at the expense of the sub -divider unless the Board makes some other ruling. He said that it islnot quite clear from the Planning Board's regulations just what is required of the sub -divider. He explained that he has discussed this with Mr. Cromwell and apparently the Planning Bocrd has not been requiring subdividers to put in the water and sewer. He stated - that the regulations., in one Place seem torequire the sub- divider tout the water ter in; but in another place that does not seem to be the intention. Mr. Cromwell agreed that the regulations are ambiguous. ' be authorized to settle the case of the Town of Lexington. 555 Mr. Stevens said that he has discussed this subject with Mr. Allen Benjamin and it appears that the power of the Planning Bofrd is very serious. About two years ago the State made a survey of the various Planning Boards and the majority of the Boards require the subdivider to put in water. Some Boards require installation of sewers, and they all require streets. He said that he does not believe there:is any legal obligation on the part of the Town to put in water for a subdivider. The Chairman asked if the Planning Board, as a Board of Survey, has the power to make an agreement with a sub -divider which would put the Town under obligation to spend money to fulfill the terms or the agreement. Mr. Stevens replied that the Planning Boerd can require the sub -divider to do things, but there is nothing in the Statute authorizing the Planning Board to bind the Town. The Chairman asked if any agreement between the Planning Board and a sub -divider, involving spending money, would be contingent upon the Town passing a vote to spend the money and Mr. Stevens replied in the affirmative. The group continued to discuss the subject at length and retired at 10:10 P. M. The Chairman read a notice from the Department of Public Utilities stating that a hearing will be held on Wednesday,, March 22, 1950 at 11:00 A. M. upon the petition of the Boston and Maine Railroad for approval of the discontinuance of Saturday trains. Mr. Stevens retired at 10:15 P. M. Letter was received from the Board of Fire Engineers advising that the Gorham Fire Equipment Co. will allow $150 for 1100 feet of fire pair cable against the purchase of a generator. Fire Mr. Hoyt moved that the Fire Engineers be instructed Cable to refer this to Town Counsel for advice. Mr. Driscoll seconded the motion, and it was so voted. Letter was received from Mr. Garrity recommending a J' procedure for obtaining permission from property owners on Planting East Stre£t to plant trees in front4.of thter property. trees, East Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Street It was voted to endorse Mr. Garrity's recommendations and, authorize him to proceed accordingly. Mr. Garrity also commented on the proposed toilet Center facilites for the Center Playground. He suggested the playground elimination of the expense of connecting the facilities toilet fac, to the sewer and the installation of a septic tank. The.Chairman decided to hold a special meeting on Saturday morning at 10:00 to disucss this project further with the Recreation Committee and the Appropriation Committee. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to approve the following pole location: 558 SELECTMEN'S MEETING �+ March 4, 1950 ' A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday morn- ing, March 4, 1950 at 10:05 A. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Treasurer, met with the Board and submitted a list of bids received on the $190,000 sewer loan. The Chairman read the list to the Boerd and upon motion of Mr. Hoyt, seconded by Mr. Nickerson, the following vote was passed: That the sale of $190,000 sewer bonds of the Town (Nos. 1 to 190) dated March 1, 1950, payable March 1, $10,000 in 1951 to 1958 and $5,000 in 1959.tg.1980 3.under the vote of the Town passed April 4, 1949, be awarded to L. F. Rothschild & Co. at the price of 100.7799, rate of interest 1-3/4%. Mr. Carroll retired at 10:18 A. M. The Recreation Committee, Chairman of the Appropriation Committee and Mr. John J. Garrity, Supt. of Parks and Play- grounds, met with the Board and discussed the proposed toilet , facilities for the Center playground. The meeting adjourned at 12:00 noon. A true record'. Attest: 1 L 559 SELECTMENTS MEETIZG March 6, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 6, 1950 at 7;00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. Joseph H. DeFoe, Supt. of Public Works, met with the Board. He presented each member of the Board with a letter received from Mr. Converse Hill (Brewer & Lord) in answer to a recommendation made by the School Committee that a com- plete review of school valuations as affecting insurance, Insurance be made. The Chairman was of the opinion that it might be well for the Board to invite Mr. Hill and the School Committee to attend a meeting for the purpose of discussing this sub- ject. No action is to be taken until after Town Meeting, Mr. DeFoe informed the Board that Mr. Robert Ryder, the developer of Colonial Acres has advised him that he wants to extend water mains as follows; Sherburne Road, 400 feet; Dane Road; Kendall Road, 11,000 feet of eight inch and 59000 feet of six inch. Mr. Harold E. Stevens, Town Counsel, arrive at the meeting at 7;25 P. M. Mr. DeFoe explained the request and Mr. Stevens said that unless Mr. Ryder contemplates a change in the plan, Ryder re - it does not have to be referred back to the Planning Board. quest for Mr. Nickerson thought that the approval by the Planning water ex - Board did not give any approval beyond the plot plan approved. tensions Mr. Stevens explained that -these roads have been approved by the Planning Board and Mr. Ryder does not have to go batik to that Board. He said that the plan has been approved without any agreement as to putting in services. He said that the Selectmen are the ones to say whether they will recommend or take action, as a Board, to put the water in and that nothing the Planning Board has done binds the Selectmen. The Chairman asked if the water would be installed under the Betterment Act and Mr. Stevens said that is how he supposed it would be done. Mr. DeFoe retired to ask the Planning Board about the approval and when he returned reported that the Planning Board has given approval only as far as the water pipe has been in- stalled. Mr. Ryder, however, has been given tentative approval of the layout, and wanted to submit his request before Town Meet- ing. He has no reason to believe that the Planning Board will refuse to approve the entire layout inasmuch as it has been ap- proved tentatively. The Chairman asked if the Board would be acting prematurely if any action were taken on this now and the Town Counsel replied in the affirmative. 560 The Chairman said, that as he understands the situation,. J the Board of Survey has still to act on the section of streets for which Mr. Ryder is requesting water, and Mr. DeFoe said that the Chairman's understanding is correct. Mr. Stevens agreed that the Selectmen could hold this in abeyance until some further information is received from the Planning Board, and that Mr. DeFoe should advise Mr. Ryder that his request will be placed on file until the Selectmen hear from the Board of Survey. Letter was received from Vance S. Tarr, 4 Ledgelawn.Avenue, stating that he will give the town permission to construct a slope on his property. The Chairman asked Mr. Burns, Town Engineer, to meet with the Board during the discussion relative to Liberty-Ledgelawn Streets. The Chairman reported that he had met with Mr. DeFoe, Mr. Burns and Mr. Stevens in regard to this subject. He said that the way the proposed streets are laid out and the way the Town proposes to construct them, the job can be done without going on any private land except where the Town does have slope easements. Where the Town does not have slope easements, the slope easement will be handled in the side - Adv. for walk area within the street taking the Town took last fall. bids street Mr. Burns said that if it is not practical the Town Wbuld, construction in an emergency, make a taking for an easement. It was agreed by all present that there is no reason for not asking for bids and upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Superintendent of •Public Works to advertize for bids, said bids to be opened in the Selectmen's Room, on Saturday morning, March 12, 1950 at 10:00 A. M. Mr. Burns retired at 8:00 P. M. Chief John W. Rycrof t of the Police Department met with the Board at 8:00 P. M. Mr. Stevens informed the Board that the proposed Parking Meter and other Traffic Rules and Orders have been tentatively approved by the State Department of Public Works and will be placed on the agenda for formal approval March 14th. He ex- plained that the Selectmen could approve them this evening and Traffic then publish them on March 22nd or March 29th. He said that if Rules & they are published on the 29th the meters could be installed, Orders starting Monday, April 3rd, to ba effective April 10th. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was VOTED: That the Traffic Rules and Orders of the Town of Lexington as now existing be and are hereby amended as follows: R D 1 March 6, 1950 PARKING METER AND OTHER TRAFFIC RULES AND ORDERS VOTED: That the Traffic Rules and Orders of ' the Town of Lexington as now existing be and are hereby amended as follows: - 1. By adding the following paragraphs at the end of ARTICLE I of the existing Rules and Orders: - (y). "Parking Meter". The words "Parking Meter " shall mean any mechanical device, not inconsistent with the provisions of these Rules and Orders, and placed or erected on any puolie wad' within the Town of Lexington for the regulation of parking. Each parking meter installed shall indicate by proper legena the legal parking time established by these Rules and Orders and when operated shall at all times indicate the balance of legal parking time permitted and at the expiration of such period shall indicate illegal or overtime parking. W. "Parking Meter Zone". The words "Parking Meter Zone" shall mean and include any street or portion thereof upon which parking meters are in- stalled and in operation and upon which parking of vehicles is permittea ror a limited time subject to compliance with the further provisions of these Rules and Orders. (aa�# "Parking Meter Space". The words "Parking Meter Space" shall mean any space within a parking meter zone, adjacent to a parking meter which is duly designated for the parking of a single vehicle by lines painted on the surface of the street adjacent to or adjoining such parking meter. (bb). "Person". The word "Person" shall mean and include any individual, firm, co -partnership, association or corporatiozm. 2. By adding at the end of ARTICLE V the following new sections: - SECTION 9. No person shall park a vehicle for a period of time longer than one hour, be- tween the hours of eight A.M. and six P.M. on any week day, excepting Friday on which day the hours are designated as eight A.M. and nine P.Mv, on any streets or parts of streets herein or hereafter designated as parking meter zones. This restriction shall not apply on Sundays or during the hours of legal holidays during which business establishments are required by law to remain closed. In accordance with the foregoing, parking meter zones are hereby established in the following streets or parts of streets:- bbz Grant Street, westerly side, from Massachusetts Avenue northerly for a distance of 320 feet. Waltham Street, easterly side, from Massachusetts Avenue southerly for a distance of 163 feet. Muzzey Street, westerly side, from Massachusetts Avenue southerly for a distance of 147 feet. Meriam Street, easterly side, from Massachusetts Avenue northerly for a distance of 250 feet. Depot Square, westerly side, from Massachusetts Avenue northerly for a distance of .145 feet. Depot Square, easterly side, from Massachusetts Avenue northerly for a distance of 180 feet. Depot Square, from Massachusetts Avenue to Mass- achusetts Avenue adjaeent,to Emery Park, Massachusetts Avenue, both sides from Wallis Court to Clarke Street. SECTION 9A. Parking meters shall be placed at intervals o not less than 20 feet apart and not less than 12 inches nor more than 24 inches from the face of the curb adjacent to individual meter spaces, except that beginning and ending spaces in any zone may be not less than 18 feet. Meters shall be so constructed as to display a signal showing legal parking upon the deposit therein of the proper coin or coins of the United States as indicated by instructions on said meters .and for such period of time as is or shall be permitted by these Rules and Orders. Said signal shall remain in evidence until expiration of the parking period designated at which time a dropping of a signal automatically or some other mechanical operation shall indicate expiration of said parking period. SECTION 9B. The Chief of Police is hereby authorized and Uirected to establish parking meter spaces, in such parking meter zones as are hereiin specified, or as may be hereafter fixed by rules and orders, and to indicate the same by white markings upon the surface of the street and to maintain said meters in good workable condition. "c M+oiq a.J QW 1 1 563 SECTION 90. Nothing contained in sections 9 to 914 inclusive, of these Rules and Orders shall be construed to prohibit the Board of Selectmen from making provisions for bus stops, taxicab stands, service zones and loading zones as authorized by other sections of these Rules and Orders on any street or portion of street which has been or may hereafter be designated as a parking meter zone. SECTION 91). When ever any vehicle shall be parked adjacent to a parking meter, the owner or operator of said vehicle shall park within the space designated by street marking lines and, upon entering such space shall immediately deposit in said meter the required coin of the United States for the maximum legal parking period or proportionate period thereof both as shown on the meter and if so required, set the mechanism in motion. The fee for the maximum park- ing period shall be five (5) cents and one (1) cent for each proportionate period of said maxi- mum limit, as shown on the meter. (a) It shall be unlawful for any person to deposit or cause to be deposited ' in a parking meter any coin for the purpose of permitting any vehicle to remain in a parking space beyond the maximum period of time allowed in a particular zone. (b) It shall be unlawful for any person to park a vehicle within a parking meter space unless such vehicle is wholly within the painted lines adjacent to such meter. (c) It shall be unlawful for any unauthorized person to tamper with, break, injure or destroy any parking meter or to deposit or cause to be deposited in such meter any slugs, device or metallic substance or any other substitute for the coins required. SECTION 9E. Operators of commercial vehicles may park in ametered space without depositing a coin for a period not to exceed SO minutes for purposes of loading or unloading. Parking in excess of this time limit without depositing the proper coin shall be deemed a violation of the provisions of these Rules and Orders. SECTION 9F. The Chief of Police is hereby designaEed as t a person authorized to collect monies deposited in parking meters or to cause the same to be so collected. Such monies z"hall be delivered forthwith to the Town Treasurer, who shall deposit them in a separate account to be known as the Lexington Parking Meger Account 664 SECTION 9G. All fees received by.said Town of Lexington from the operation and use of park- irig meters shall be used as authorized by Chapter 442 of the Acts of 1947 and Chapter 776 of the Acts of 1949, as they now exist or may subsequently be amended or supplemented, and the General. Laws. SECTION 9H. Any person who violates any parking provision of these Rules and Orders shall be subject to the penalties provided by Chapter 90, Section 20A of the General Laws, as now or hereafter amended," 3. By striking out SECTION 3 of ARTICLE IX and inserting in place thereo?--tWe following: - SECTION 3. Except as otherwise provided, any person convicted of a violation of any pro- vision of these Rules and Orders shall be pun- ished by a fine of not exceeding twenty dollars (20.00) for each offense. 4. BY striking out SECTION 39 of ARTICLE V and inserting in place thereo.��e following: - SECTION 3. No person shall stop a bus upon ' any street within a business district to discharge or take on passengers at any place other than places designated as bus stops by the Board of Selectmen and duly marked as such. 5. Effective upon the installation of parking meters as hereinabove provided: - A. Amend SECTION 2 of ARTICLE V. pro- hibiting parking on certa n streets or highways or parts thereof, as follows: - (a) By striking out "Merriam Street. From Massachusetts Avenue to the Boston & Maine Railroad'" and "Waltham Street. On the easterly side from a point 160 ffiet from the southerly side of Massachusetts Avenue to the northerly side of Vine Brook Rd." and inserting in place thereof the following:- Meram Street. On the westerly side from Massachusetts Avenue to the Boston and Main Railroad. Waltham Street. On the westerly side from Massachusetts Avenue south- erly a distance of 184 feet. (b) By adding:- 1 1 Clarke Street. On the westerly side from Massachusetts Avenue to Forest Street. Grant Street. On the easterly side from Massachusetts Avenue to Sherman Street. B. Strike out SECTION 5 of ARTICLE V, pro- hibiting parking for o�han one- our in certain, and insert in place thereof the follow- ing:- SECTION 5. No person shall park a vehicle for a period of time longer than one hour, be- tween the hours of eight A.M. and six P.M. on any week day,. excepting Friday on which day the hours are designated as eight A.M. and Aine P.M., on the following streets or parts thereof: - On the westerly side of Muzzey Street from the southerly end of the parking meter zone to Raymond Street. On the easterly side of Clarke Streets from Massachusetts Avenue to Raymond Street. On the easterly side of Waltham Street from the southerly end of the parking meter zone and extending to Forest Street. On the westerly side of Waltham Street com- mencing at a point 192 feet from Massachusetts Avenue .and extending to Forest Street. On both sides of Massachusetts Avenue for a distance of 500 feet easterly, and for a distance of 200 feet westerly from the center line of Independence Avenue,.if extended. C. Strike out paragraph (b) of SECTION 6 of ARTICLE V dealing with angle parking and insertin p ace t ereof the following: - (B) Upon the streets or parts of streets which may hereafter be designated by rules and orders and marked Rnd signed for angle parking, vehicles shall be parked with one wheel within twelve (12) inches of the curb and at the angle to the curb indicated by such marks or signs, and each vehicle shall be entirely within the painted lines designated for its individual use. 61MG QW Date of Passage March 6. 1950 ' /s/ George W. Emery /s/ Frederick M. Gay /s/ William H Driscoll /s/ Donald E. Nickerson /s/ Louis L. Hoyt Board of Selectmen Attest; Zs/ Hazel J. Murray Clerk of Board of Selectmen 0 ' Messrs. Stevens, Rycrof t and DeFoe retired at 8;25 P. M. for the next appointment. Mr. Anthony DePaolo met with the Board relative to. his application for a license to operate a poolroom at 3 Bow Street. The Chairman stated that before the Board granted Mr. DePaolo's present license, the Selectmen were not Poolroom very much in favor of poolroom and that previous Boards of Selectmen had not been in favor of them for some time. He further stated that the'present Board still feels the same about poolroom. Mr. DePaolo said that he is forced to move from his location at 1804 Massachusetts Avenue and must vacate by the first of April. He said that he intends to operate a recreation hall. Mr. Nickerson asked if the operation of the present poolroom had proved to be a success and Mr. DePaolo replied in the affirmative. The Chairman asked if there were any questions and there were none. Mr. DePaolo retired at 8;33 P. M. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was unanimously voted to deny the application. ' Mr. Richard P. Cromwell, Chairman of the Planning Board, met with the Selectmen. He stated that his Board had conferred with Mr. Special Lynch last Saturday and it now does not appear that the Town proposed Zoning By-laws will not be ready for the Town Meet- Meeting ing, He said that there would be sufficient.time for advertising and hearings, assuming that there would be an ad- journed meeting carrying into the 3rd of April. Mr. Lynch feels that, because the copy was not on file in the Select- men's Office as stated in the Warrant, the By-laws might be lost because of a technicality. He said that most of the members of .his Boaf+d do not feel that they should try to have the By-laws ready for March 20th teeting.;, He asked if the Select- men would agree to call a Special Town Meeting for the first week in May. The Chairman asked if Mr. Cromwell were making this as a formal request and he replied that his Board agreed last Saturday that they would not do anything until the first week in May. Mr. Cromwell asked if the Planning Board could receive word from the Selectmen that a Special Town Meeting would be called and the Chairman replied that if the proposed By- law is postponed, the Board will have no alternative. He said that he thought some notice should be inserted in the Minute Man now if the By-law is not going to be acted on at ' this meeting. Mr. Cromwell retired at 8;45 P.M. 568 Budget Upon motion of Mr. Hoyt, seconded Increase it was voted to increase the Elections Jurisdiction Selectmen budget $400 to cost of a Special Town Meeting. by Mr. Driscoll, Department - take care of the The Chairman read a letter from Mr. Chapin, Director of Veterans' Services, stating that his expenditures• for the first two months this year are 25% higher than for thd.same period last year. He therefore recommended that his budget, submitted in November, be increased from $3500 to $4200. The Clerk was instructed to advise Mr. Walker, Town Accountant, of this request. Letter was received from the Board of Fire Engineers, together with a report relative to an accident which Damage to occurred on Lowell Street, February Sth, and caused Fire Alarm considerable damage to the fire alarm system. System It was the opinion of the Board that this should be referred to the Town Counsel with instructions to settle the claim in accordance with his best illfdgment- and the best �udgmentz of the Board of Fire Engineers. The Chairman read a letter from.the National Municipal League relative to reappraisal of real property. Letter was also received from Leland H. Emery, Chairman of the Board of Assessors, in _which he made several comments with reference to Article 44 in the Warrant for the Annual Town Meeting, This Article, inserted by ten or more registered voters, calls for the re -assessment of the valuation of all real property. The Chairman read a letter from William E. Maloney, on behalf of the Lexington Boys+ Club, requesting perj Paper mission to conduct a paper drive on Sunday, April 2, Drive 1950. Mr. Hoyt moved that the request be granted. Mr. Gay seconded the motion, and it was so voted. Letter was received from W. H. McCullough, 75 Tax Title Valley Road, offering $150 for lots 24, 25, and 26, Property Block 73, Valley Road, The Clerk informed the Board that the Town Engineer reported that Route 128 is to l be located through Mr. McCullough►s property and he j has to move his house. There is no sewer or water in the street. The offer was hold over for one week to give the membersof the Board an opportunity to look at the lots. Messrs. Stevens, DeFoe and Rycrof t returned to the meeting. Mr. Stevens mentioned the application received some 0 r-, Qd [1 1 weeks ago for permission to operate a pin ball machine. The Chief said that he was not in favor of a permit being granted. Pin Ball Mr. Stevens stated that the Board has the power to Machine refuse to grant the permit. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to deny the application received from Leo A. Boynton for a permit to operate a pin ball machine in his gasoline station at 27 Massachusetts Avenue. A photostatic copy of Chapter 159, an act relative to time for payment of betterment assessments in the town of Act Lexington, was received. Messrs. Stevens and DeFoe retired at 9;55 P.M. Certified list was received from the Division of Civil Police Service, advising that the only eligible application for Officer the Police Department, to fill the vacancy caused by the appoint - resignation of Officer Harvey, is Kenneth E. Nutt. ment The Chief said that he would like to have the Board make the appointment ei'fective March 27, 1950. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to appoint Kenneth E. Nutt, permanent Patrolman in the Town of Lexington, effective March 2q, 1950. Chief Rycrof t retired at 10;55 P.M. Upon motion duly made and seconded, it was voted to grant, free of charge, the following uses of halls; 4-H Club Con. Room March 7 meeting Sacred Heart Parish Cary Hall of 12 rehearsal Lex. Civilian Police Estabrook Hall it 14 meeting V.F.W. & Auxiliary " " it 29 meeting St. Brigid+s Holy Name Society Cary Hall April 2 breakfast Lexington Grange It it Sept. 16 fair Mr. Daniel Curtin's application for a 2nd Class Agent's license was held over for another week. Sealed bids for the collection of garbage in the Town of Lexington were received as follows; William Callahan, Wilson Road Bedford $7500 a year for three years Connors Brother, Lexington $11,600 for one year ' 231,800 for two years 36,600 for three years Certified Check $100 It If 0100 Holger G. Witman, 122 New Boston Street, Woburn, Cert. Check 0100 570 MW $109984 for one year 20,968 for two years 29,958 for three years Leonard F. Collins, 141 Spring Street Bank Check $100 09,000 The Clerk was instructed to invite all of the bidders to meet with the Board for fifteen minutes each next Monday night. The Meeting adjourned at 10:15 P.M. A iruee record, Attest: %Y iC r Sel ctme 1 SELECTMEN'S MEETING I March 7, 1950 A --special meeting.of the Board of Selectmen was hold in the Selectmen's Room, Tuesday evening, March 7, 1950 at 6;55 P.JYJ. Messrs. Emery, Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was.also present. Mr. Driscoll said that there was no Chairman of the Board at the present time and he therefore suggested that Chairman the Clerk of the Board preside, The Board agreed that this was the manner in which the meeting should be handled until a Chairman was elected, Mr. Nickerson then moved that Mr. George W. Emery be elected Chairman of the Board of Selectmen for the ensuing year. Mr. Hoyt seconded the motion, and it was unanimously voted. At 7;00 P. M. bids for the construction of the East Lexington Fire Station were opened. Mr. Goodell, architect, Mr. Patterson, Chairman of the Appropriation Committee, Mr, Walker, Town Accountant, and eleven other persons were present. The bids were opened and read by Mr. Gay as follows; Bidders Proposed Contrant Sum ' Tredennick Billings Co. §86.99U0 Harty Construction Co. 78,400 Lawson W. Oakes, Inc. 87,978 C. C. Temple 822792 William M. Bailey Co. 842$42 W. M. Bogart Co. 85 166 Frank E. Yeomans 78,800 Richard White Sons, Inc. 88,000 Donald S. Tait, Inc. 79,585 Horn Brothers, Inc. 835889 The Chairman stated that the Board would keep the checks submitted by the three low bidders and the others Bids on would be returned and if any bidder desired to take his E. Lex. check this evening the Board would have no objection. Fire St. Lawson Oaks was the only check returned. The group, with the exception of Mr. Patterson and Mr. Goodell retired at 7;30 P. M. The bids were discussed informally and Mr. Goodell said that in figuring every possible way, Harty Construction Co. would still be the low bidder. He said that he would determine, assuming that Town Meeting appropriates the money, that Harty would be awarded the contract and all other checks returned. He said that he thought the Board would not be open to any criticism by awarding the bid to Harty. It was the sense of the meeting that it is evident that Harty Construction Co. is the low bidder. Messrs. Goodell and Patterson retired at 8;30 P. M. 572 Application was received from Mrs. Harold B. Lamont, , Use of on behalf of the 19th of April Committee, requesting per Hall mission to conduct a rehearsal in Cary Memorial Hall on Saturday afternoon, March 11 th from 2:JU until 5:00, Mr. Hoyt moved that the request -be approved and the use of the hall granted free of charge. Mr. Gay seconded the motion, and it was so voted. The meeting adjourned at 8=45 P. M. A true record, Attest: 1 1 SELECTMEN'S MEETING ' March 13, 1950 A regular meeting of the Board of Selectmen was held In the Selectments Room, Town Office Building on Monday evening, March 13, 1950, at 7:00 P. 14. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. AT. DeFoe, Supt of Public Works, met with the Board and discussed a request received from William R. Reid to have street lights installed on Rangeway Road. He presented a sketch to the Board showing both the existing and pro- posed lights, and recommended three additional lights. Upon motion.of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to make the necessary arrangements to have three additional street lights installed in Rangeway Road. Further consideration was given to Mr. Tobiason's request for a street light on North Street. Mr. DeFoe presented a sketch of the lighting and recommended that the request be granted. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize the Superintendent of Public Works to make the necessary arrangements to have one additional street light installed on North Street as re- quested by Mr. Tobiason. Mr. Stevens, Town Counsel, met with the Board at 7:35 P. M. Mr. DeFoe gave each member of the Board a detailed financial summary relative to the funds necessary to complete sewer Contract B. Mr. DeFoe informed the Board that he has had some trouble with the boiler in Cary Memorial Building. This particular boiler has been welded, but is apparently swelling. A representative from the American Radiator Com- pany suggested that fronts be put in the boiler and that the first two sections be taken down to determine the extent of the rust. If they are not rusted too badly, he felt that they can be cleaned and with the now boiler fronts it will last for three or four years. Another proposition is to take all the sections out, clean them and then put them back. The cost for the first method will be approximately $1135 and the cost for the second method will be approximately $2535. Mr. DeFoe said that a new boiler, ' dismantling the old one and taking it out, would cost $6586. He said that he thought the money should be appropriated with the idea that it may be necessary to obtain a new boiler. He stated that he would not recommend taking all the fronts out,and spending that much money on an old boiler. 573 Street Lights Street Lights Cary Bldg. boiler 574 The Chairman asked Mr. DeFoe how much the budget should be increased and he replied that he would re- commend $6500 with the understanding that if it is not sufficient, it will be necessary to ask for a Route transfer. 128 Upon motion of Mr. Hoyt, seconded by Mr. Gay, \ it was voted to increase the 1960 budget for the Town Offices and Cary Memorial Building in the amount of $6500. Mr. DeFoe retired at BrOO P. M. A letter was received from the State, together with a set of blue prints relative to Route 128, and its affect on tax title property. The complete data was taken by Mr. Stevens. At 8;00 P. M. Mr. Leonard Collins, 141 Spring Street, met with the Board, at the Board's invitation, to discuss his bid for the collection of garbage in the Town of Lexington. The Chairman asked if Mr. Collins had the equipment which he felt he would need or if he would have to purchase some more. Mr. Collins replied that he would have the equip- ment on short notice - two new GMC. trucks. The Chairman asked if he thought two trucks would , be enough to do the job and Mr. Collins replied in the Garbage affirmative. Bids The Chairman asked if he had any experience in. municipal garbage collection and he replied that he now collects in Arlington and Somerville. He said that he is under contract with restaurant and hotel owners, The Chairman asked if he intended his bid to be for one year or for three years and Mr. Collins rep;ied that he thought the contract ran from year to,year. The Chairman asked if Mr. Collins was a veteran and he replied in the affirmative. He said that he Was employed by Swenson before he went into the service and when he came back he went into business for himself. The Chairman asked how long he was in the service and he replied that he was in three years. Mr. Collins retired at 8;00 P. M. Mr. William Callahan, Wilson Road, Bedford, met with the Board, at the Board's invitation, to discuss his bid for the collection of garbage. The Chairman asked if he intended his bid to be for one, two or three years and Mr. Callahan replied that the price he quoted was for one year but he was thinking of three years. ' The Chairman asked if it would be agreeable if the Board chose to award it for one, two or three years and Mr. Callahan replied in the affirmative. 575 ' The Chairman inquired as to what equipment he has and Mr. Callahan replied that he has a late 1946 Chevrolet two - ton truck;. The Chairman asked if he intended to collect with only one truck and Mr. Callahan replied that if he is awarded the contract he will purchase a heavy duty truck. The Chairman asked what experience he has had and Mr. Callahan replied that he has been hauling from Cambridge for sixteen years. The Chairman asked if he were under contract and he replied that he has a subcontract. The Chairman asked if he were familiar with the number ofhouses iri Lexington and he replied that he had some idea, and thought there are about 41,000. He said that he did live in Lexington some years ago and was born in:Lexington. Mr. Hoyt asked if he could cover the entire town, tvo collections a week with two trucks and Mr. Callahan said that he believed he could with the right men. He said that his two brothers would work with him. Mr. Hoyt asked what else he would do in the course of a week besides collecting the garbage and Mr. Callahan said that he figured it would take the entire week to collect twice from every house. The Chairman asked if he had any references and he referred the Board to Mr. Kelley in Bedford and Mr. Paxton, Mr. Driscoll asked if he owned his own farm and he replied that his father owns it. 'He said that the farm is sixty-eight acresr_and located in Bedford. The Chairman asked if he raised pigs and he peplied that he had pigs at one time but lost them. . The Chairman asked what he would do with the garbage and he replied that he could get pigs easy enough. Mr. Callahan retired at 8;20 P. M. Messrs. Edward and Thomas Connors met with the Board, at the Board's invitation, to discuss their bid for the collection of garbage. The Chairman explained that for the first time in some years several bids had been received. The Board did not know three of the bidders and therefore decided to invite them all in. Edward Connor presented the Chairman with a statement of his costs. He said that the price of pork .went up and he then cut his bid. He said that they do not sell the garbage but feed it and it is worth more when the price of pork is high and cuts down on the price of the contract. He also explained that they now have more men. Thomas Connor said that the town is growing rapidly and in,order to give good service they have hired two men and also put another man on last June. Mr. Gay asked how many men and trucks they have and Thomas Connor replied that they have five men and two trucks covering the town twice a week, collecting every day,; '76 Edward Connor said that Lexington is sixteen square miles and that does not mean much to many people, but ' it is an area as large as Belmont, Arlington and Water- town put together. He also said that there are houses dotted on the furthermost corners of the Town. He said that there are not very many streets running parallel to esch other. Edward Connor said that he thought the collection in Lexington had been on contract for about twenty years and they originally had it. They were working their men ten hours a day and a law was put into effect where- by the men could work only eight hours. They checked at the State House and were advised to bid on an eight hour day which they did and lost the contract. When the successfullcontractor bid again he raised his price and lost the contract. Mr. Driscoll asked what the average number of com- plaints was and Rdward Connor replied that he believed there were between 200 and 250 year. Thomas Connor stated that he stops at the Town Offices every day and personally checks all complaints. Mr. Nickerson asked how long it would take a new collector to become efficient at the job and Thomas Connor said he thought it would take six months, possibly longer. Mr. Driscoll asked how many men they have on the farm and Edward Connor replied that they have fourteen. Mr. Driscoll asked him how many pigs they have and he replied about 1500. Thomas Connor said that in the event one of the regular men collecting were to be taken ill, they can always take a ivan•r,from the farm and put him on collecting. They also have an extra truck which can be used. The Chairman ed how large . . the trucks are and Thomas Connor replied that they are one and one-half tons. The Connors retired at 8;35 Y. M. Mr. Holger G. Witman, 122 New Boston Street, Woburn, and his son met with the Board, at the Board's invitation. The Chairman asked him what experience he has had in municipal garbage collection. Mr. Holger replied that he collected in Stoneham and gave the Chairman a letter from the Stoneham Badrd of Health stating that they were sorry to lose him inasmuch as he gave the fullest satisfaction in the performance of his duty and they were glad to recommend him. He also had a letter from one of the residents, addressed to the Board of Health, complimenting Mr. Holger on his work. He said that he had also collected for three years in Cambridge. He has been buying from Melrose and how bAys from Winchester. ' The Chairman inquired as to the location of his farm and he stated that his farm is in Woburn. He said that he now has three GMC trucks; two 1947 two -ton and one 1946 ton and a half. The Chairman asked how many men he has and he replied that he has four at the present time. If he were awarded the Lexington contract he would hire four more and purchase another taro -ton truck. He said that he pays his men well and they are good men. He has been in the business for six years. The Chairman asked how many pigs he has and he said that he has about 2500. Mr. Hoyt asked why he wanted the contract and he said that it will be cheaper feed than if has to buy the garbage. He aaid it will also be cleaner garbage to feed. The Witmans retired at 8:45 P. M. No decision was made as to the awarding of the contract. Messrs..Fred Newhall and Reid of the 19th of April Com- mittee and Chief Rycrof t met with the Board. . The Chairman explained that the Board would like to know where, on town property, stands were to be located on the 19th of April. Mr. Reid explained that concessions have been granted to local organizations for Emery Park, the triangle at Hancock and Bedford Streets, corner of Meriam Street, at the Buckman Tavern, the Barns property, and the field next to the High School. The latter has to be cleared through the School Committee,. The Recreation has also given approval for one on the Center playground area. The Committee's request for additional funds was also discussed and it.wes agreed to ask the Town Meeting for an additional appropriation of $4,000. Messrs. Newhall and Reid retired at 9:35 P. M. Chief Rycrof t informed the Board that construction work on route 128 will start Monday morning and the Concord Turp- pike has to be policed twenty-four hours a day. He explained that it may not be possible to use his regular men all the time and requested the appointment of five Special Police. He explained that three of the men he is recommending are members of the Fire Department, butthis has been cleared with Chief Cook. The duties of the Special Polied will be on traffic only and they will be paid by the contractor. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, It was voted to appoint the following individuals as Special Police Officers in the Town of Lexington for a term expiring March 31, 1950: Edward E. McGrory Donald L. MacGillivray 46 Parker Street 33 Charles Street Edward G. Bunzell Dennis Fullerton 397 Bedford Street 8 Wallis Court Francis J. McCarron 12 Cherry Street 577 April 19th concession Special Police Chief Rycrof t said that a Police School for twenty new , men will start on March 20th. This is a five week ex- tensive training course in all fields of police work to be conducted by the Cambridge Police Department, but 90% of it is to be done by F.B.I. trained instructors. He said that he would like to send two of his men to take this course, but felt that they should receive money for their lunches and transportation. The classes begin at nine in the morning and are over at five in the evening, Police every day except Saturday when they close at noon. The School men will take notes all day and transcribe them as home- work. The Chief said that he thought $100 would take care of the expenses for the men but no provision has been made in his budget. He said that possibly he could absorb this in his present budget, but it may be necessary to ask for a transfer at the end of the year. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was unanimously voted to authorize the Chief of Police to select two officers as candidates for the Police School as outlined by him. The Chief retired at 9;45 P. M. Mr. W. H. McCulloughts offer of $150 for lots 2.4,25, and 26.. Block 73, Valley Road, was held over gram the last meeting of the Board. ' Tax Title 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 no voted. Proposed cemetery Letter was received from the Arlington Board of Selectmen with reference to the proposed cancellation of Jaturday train service on the Lexington Branch, of the Boston and Maine Railroad. The Selectmen in Arlington unanimously voted to oppose the petition and have written to the DPU requesting to be recorded in oppostion. Letter was received from the Woburn Board of Health advising that a hearing would be held on March 15th at 8;00 P. M. relative to an application for the establishment of alHebrew Cemetery on a lot of land north of Lexington street. This particular land, in some places, comes up to the Lexington line. It was agreed that the Chairman should write a letter stating that the Selectmen of Lexington are opposed to the establishment of a cemetery at this particular . location. Letter was received from the 19th of April Committee ' inviting the Board of Selectmen to march with the Chief Marshallts Staff on April 19, 1950. 579 Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve National Surety Corporation Bond #632130, C1w k1s written on behalf of Hazel J. Murray as Clerk of the Board Bond of Selectmen. Petition was received signed by a number of residents in the Fern and Pleasant Street areas requesting favorable Bus action to adding a bus stop for the Lovell Bus Company at Stop or near the junction of Fern and Pleasant Streets. The Chairman agreed to write to the Lovell Bus Lines, Inc Application was received from the Middlesex County Extension.Service for permission to conduct:a meeting in Cary Hall on Friday, March 31st from 10:00 A. M. until 4:00 P. M. Mr. Gay moved that the use of the hall be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. The meeting adjourned at 10:45 P. M. A true record, Attest: L e c n. 680 SELECTMEN I S MEETING March 18, 1950 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town office Building on Saturday morning, March 18, 1950, at 10:00 A. M. Chairman Emery, Messrs. Driscoll and Hoyt were present. The Clerk was also present. The meeting was called for the opening of bids on the construction of Liberty Avenue, Ledgelawn Avenue, Hamilton Road, Braemore Terrace and Hillside Terrace. Mr. DeFoe, Supt. of Public Works, Mr. Burns, Town Engineer, and nine other persons were present. Bids were opened and read as follows P.V. Barone Corporation Cert. Check$2405.24 Bid$48,104.75 George Brox, Inc. 2000.00 332293.00 W. P. Capone 1850.00 38,683.25 R. H. Stevens, Inc. 2100.00 41,994.00 North Eastern Construction Co. 1500.00 35,959.80 (not cert.) 300.00 Walter Reed 2000.00 361,972.75 The checks of the three low bidders were retained and all others returned. The group retired at 10:25 A. M. Mr. Burns, Town Enginaer, took the bids for analysis. 4e , /eiI n. Ow 1 1 SELECTMEN'S MEETING March 21, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Tuesday evening, March 21, 1950 at 7:00 P. M. The Selectmen met on Tuesday inasmuch as the Annual Town Meeting was held on Monday. Chairman Emery, Messrs. Gay, Nickerson, Driscoll and Hoyt were present. The Clerk was also present. Mr. Gay, upon the request of Mr. Emery served as Chairman for the evening. Mr. William G. Potter met with the Board and gave an oral peport on each of the individuals who have submitted bids for the collection of garbage in the Town of Lexington and retired at 7:10 P. M. Mr. Emery informed the members of the Board that in discussing this subject with the Town Counsel he was advised that the Board should reject all bids. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was unanimously voted to reject all the bids received for the collection of garbage in the Town of Lexington. 581 Garbage bids Mr. Joseph H. DeFoe, Supt. of Public Works met Fair Oaks ' with the Board and requested permission to obtain signa- Sewer tures for the Fair Oaks sewer project. Mr. Emery moved that the request be granted. Mr. Nickerson seconded the motion, and it was so voted. Mr. DeFoe presented the members of the Board with Bid for quotations received by him for Vitrified Clay pipe and V.C. pipe upon motion of Mr. Nickerson, seconded by Mr. Hoyt it was voted to accept the bid of the Lexington Lumber Company and authorize the purchase of pipe as follows: n 1,4001 - 8 Extra strength pipe $ 910.00 5,600+ - 8" Single if to 2$48.00 45 Extra strength Wyes 146.25 and Tees 120 Single strength Wye.s 210.00 and Tees 'W f OJ.'t • GJ Less 2% 76.29 Total � ,3�1 T. -g6 Mr. DeFoe reported on,the subject of all night ' -lighting of Lexington Center and stated that the Boston Edison Company had informed him that a mistake had been made in the figures. At the time this was discussed it was supposed that the Company would only have to connect up with the Station in Lexington. Now, due to the set-up, it.will cost $5,000 to make the necessary change over and J_el <9� All night lighting r the Company feels that this is a substantial amount of money to spend. The Edison representatives feel that if the Town entertained the thought of having all night lighting throughout the Town in.the near future it would be too bad to spend this $5,000. On the all night lighting system for the entire town, this ex- penditure would not be necessary. The Edison Company is aware of the fact that an agreement has been entered into for lighting the Center and if the Board insists upon enforcing it, the Company will have to carry it out. It was the decision of the Board to obtain an opinion from the Chief of Police on the advantages or disadvantages of all night lighting in Lexington Center. Mr. DeFoe reported that Mr. Raimo, the contractor on Sewer Contract B had requested a change in the man- hole specifications. He has consulted Metcalf & Eddy and they agree with Mr. DeFoe that there would be no sub- stantial gain in time were the specifications to be changed. The decision was left to Mr. DeFoe and Metcalf & Eddy. (Ryder re- Further consideration was given to the three low Liberty- bids received for the construction of streets in the Ledgelawn Liberty-Ledgelawn section. fStreet Mr. Emery reported that the Town Counsel is of the Construct- opinion that it is all right for the Board to let the ion contract. burne Road development. Upon motion of Mr. Driscoll, seconded by Mr. Nick- was taken on the matter. erson, it was voted to award the contract for the Letter was received construction of streets in the so-called Liberty- F. Caterino, 70 Ledgelawn Section to George Brox, Inc. who submitted School Street requesting the low bid of $33,293. of water pipe. Mr. Mr. Nickerson then moved that the sum of $25,000 Catorino also intends to be borrowed for a period of ten years to provide funds the footage of several for the construction of these streets. Mr. Emery lots owned by him in this seconded the motion and it was so voted. Mr. DeFoe reported that Mr. Raimo, the contractor on Sewer Contract B had requested a change in the man- hole specifications. He has consulted Metcalf & Eddy and they agree with Mr. DeFoe that there would be no sub- stantial gain in time were the specifications to be changed. The decision was left to Mr. DeFoe and Metcalf & Eddy. (Ryder re- Letter was received from Robert L. Ryder with re- quest for ference to his letter to Mr. DeFoe requesting 1500 feet water pipe of water pipe for three extensions to be made in the Sher- burne Road development. No action was taken on the matter. Letter was received from William F. Caterino, 70 School Street requesting 1500 feet of water pipe. Mr. Catorino also intends to increase the footage of several lots owned by him in this area. It was agreed that the letter should be referred to the Planning Board. The Chairman read a letter, signed by three residents of Gleason Road, requesting the installation of a street light on Gleason Road at the North Hancock Street end. R w—, 1 1 1 r The Clerk was instructed to advise the petitioner Street that all requests for street lights will be considered lights about the first of July, 1950. The Chairman read a letter from the Lexington Con- struction Company in which several questions were asked relative to the installation of water, hydrants, etc. by developers. Mr. Emery said that he had discussed this communi- cation with the Town Counsel today who said that all the questions in.the letter would be covered by the agree- ment made between the Board of Survey and the developer, and suggested that the Selectmen refer the letter to the Planning Board. The Clerk was instructed to forward the letter to the Planning'Board for an answer. Mr. DeFoa retired at 8:00 P. M. Mr. Charles G. Esterberg, Jr. and forty-two other persons, living in the vicinity of Marrett Road and Lincoln Street met with the Board. Mr. A. Scott Carpenter, 260 Lincoln Street read a petition "requesting the Board to prohibit the licensing for building of any commercial or other ice cream dispensing establishment in the Five Forks section". The petition also requested-th6t if a license to build has been issued that the Board revoke it before construction is started. Mr. Emery advised the group -that the Board of Select- men has no jurisdiction over the Zoning By-laws. He stated that it is entirely in the hands of the Planning Board and the Building Inspector. He explained that any person who owns land in a business area has apparently acquired it for that purpose. He stated that, in the past, the Board of Selectmen has always encouraged citizens to discuss their problems with the Board, but in this particular instance there is nothing that the Selectmen can do. He explained that the Selectmen have no control over issuing building permits for a business in a business area. He suggested that the group engage a lawyer. The group retired at 8;55 P. M. Mr. Anthony DePaolo met with the Board and asked why his application for a pool room -license had been denied. The Chairman stated that the Board has not in the past been, as was explained to him at a previous meeting, sympathetic to the operation of pool rooms in Lexington. Mr. DePaolo asked if there was any objection to the way in which his pool room was operated and the Chairmam replied in the negative, and told Mr. DePaolo that the Selectmen are opposed to the location at 3 Bow Street. He said that Mr. DePaolo would have the right to apply for a license at another location. Mr. DePaolo retired at 9:00 P. M. Ice Cream Stand at Five Forks Pool room license QW The Chairman read a notice of the Board of Appeals that a hearing will be held on the petition of the ' Wakefield Ready -Mixed Concrete Co., Inc. for permission Board of to erect a portable steel bin and conveyor for concrete Appeal materials at 234 Bedford Street. hearing Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted that the Board of selectmen be recorded as f unanimously opposed to the granting of the petitibna. t The Board gave further consideration to Mr. William H. McCullough's offer of $150 for lots 24, 25, 27, Bloc); 73, Valley Road, Lexington. A proposal to sell these Tax Title lots was advertised in the March 163, 1950 issue of the property Lexington Minute Man. No persons contacted the Select- men's Office as a result of the advertisement. Mr. Nickerson moved that the offer be --accepted and that Lots 24, 25,`24 Block 73, Valley Road, Lexington be sold and conveyed to Mr. William H. McCullough. Mr. Hoyt seconded the motion, and it was so voted. Upon motions duly made and seconded it was voted to grant the following uses of halls; J. Carroll Ryan Conference Room Mar. 27-31 Census classes Richard F. Jackson it 11 Mar, 28 4-H meeting 11 it to Estabrook Hall Apr. 24 to if Mdex. Cty. Farm Bureau Carr Hall Apr. 26 Banquet &dance. , (Subject to a charge of $35.00) Lex. Choral Society May 19-20 Rehearsal and (Sub.jeet to a charge of $35.00) concert Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to renew the following licenses; License W. S. Couette 1710 Mass. Avenue Auctioneer Robert N. Cann 4 Stetson St. it Frederick B. Hubley 4 ° Itit Bills for repairing, erecting and removing election booths in Precinct 1 were received from Thomas Sullivan and Timothy Sullivan in the amounts of $21.00 and $10.00 i respectively. Both bills were approved for payment. ` A list of thirteen names was received from the Special Chief of Police for the Board's consideration as Special Police Police for traffic duty at Route 128 Construction Project. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to appoint the following individualm Special Police Officers in the Town of Lexington for a term expiring March 31, 1951; 1 1 Benedict J. Belcastro, 174 Wood Street David G. Govan 1834 Massachusetts Avenue Howard D. Fisk 10 Spencer Street George B. Wilson''--. 62 Fern Street Robert A. Hamilton 1970 Massachusetts Avenue Roy E. Cook 5 Ledgelawn Avenue Daniel O'Connor 49 Cedar Street Henri P. Fradette 29 Curve Street Manuel A. Cunha 33 Center Street Paul 0. Huoppi 10 Sherman Street Harry C. Sorensen 68 Gleason Road Howard Fogg 1847 Massachusetts Avenue Alfred J. Bevington, Jr. 958 Massachusetts Avenue A report was received from the Town Counsel that he had negotiated a settlement with the insurer of Walter Ahearn+s car for payment in full of the damage caused by Mr. Ahearn's car to the fire alarm system as a result ofan accident that occurred on February 8, 1950. Said damage has been estimated by the Board of Fire Engineers and Mr. Bill's at $1014. It was voted to appro a settlement of the town's claim of $1014 and to autho ize the Board of Fire Engineer, to execute a rel&ase on behalf of the Town in such form as the Town Coun el shall approve in return for check for the agreed amount. The meeting adjourned.at 9;25 P. M. er , e ctm n. 583 Claim 584 Pole Location SELECTMENIS MEETING March 27, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, March 27, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay and Nickerson were present. The Clerk was also present. Mr. DeFoe, Supt. of Public Works, and Mr. Mahon, representative of the Boston Edison Company met with the Board. Mr. Mahon was present for the purpose of discussing the petition submitted by his Company for approval of the location of four poles on the Cambridge -Concord highway, westerly from a point approxirm tely 1425 feet west of Blossom Street. He said that it is his understanding that the Selectmen would prefer not to entertain the possibility of these pole locations on the Cambridge -Concord highway. He explained that, at the present time, the Company has an existing pole off Blossom Street extension. In order to reach Bir. Mann's house, not yet under construction, a petition was submitted last year for the erection of four poles.' The Company now has submitted a petition for three poles to serve another house, the owner of which is pressing the Boston Edison Company. He explained that the Com- pany's policy is to eet the first two poles on private property and then look to the individuals for payment from there on. He said that to place the poles on private property in these instances might be all right but as time goes on and other fees on Concord Avenue develop, the problem would present itself again as to how the Company could best service customers. He said that there might, in the future, also be the problem of the north side of the Cambridge -Concord Highway.. Mr. Nickerson asked what the problem might be insofar as underground cables are concerned and Mr. Mahon replied that underground work is usually reserved for congested areas. The Chairman said that he did not know the Board's legal position or whether the Selectmen are in a position to change their hinds, but the members felt that they would do everything possible to defer placing poles on the Cambridge -Concord Highway, but that another Board might feel entirely different. Mr. Mahon retired to give the Board an opportunity to discuss the subject, and returned at 7:35 P. M. The Chairman explained that the members present this evening are in complete agreement not\to grant the peti- tion. If, however, the Company has any alternative sug- gestions the Board would be glad to consider them. He stated that the Selectmen prefer to have the cables r 1 underground and agreed letter to Mr. Knowdell, Mr. Mahon retired met with the Board, to confirm the discussion in a at 7:45 P. M. and Mr. Burns Mr. DeFoe informed the Board that the 19th of April Committee has requested him to make and erect five signs for the proposed celebration. However, they have had the signs made and now want the Public Works to install them and assume the expense involved. He explained that it will take at least a day with taco men. It was agreed that Mr. DeFoe should advise the Committee that the installation may be done by the men in his Department, but any expense involved is to be charged to the Apri1.19th appropriation. Mr. DeFoe requested the Board's approval to hire a sweeper inasmuch as there are only three weeks in which to clean the streets for April 19th. He was able to find one sweeper that he can rent for $7.50 per day including fuel, oil and operator. Mr. Gay moved that the Supat. of Public Works be authorized to hire a sweeper at the quoted price of $7.50. Mr. Nickerson seconded the motion, and it was so voted. Mr. DeFoe presented quotations received for cast iron pipe, hydrants, tapping sleeves and gates. After careful consideration, upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize( -'the follow- ing purchaser Warren Pipe Company 2,0001 6" pipe at $1.41 per foot 8001 8" pipe at 2.02 per foot 1,5001 10" pipe at 2.71 per foot 4,0001 12" pipe at 3.50 per foot The order is to be placed with the express understanding that the Selectmen reserve the right to have the pipe inspected. However, if it is not inspected, the specifications of the American Water Works must be followed, and each invoice is to carry the warranty that the pipe doe8 meet with the requirements of the specifica#ions A. B. Smith Co. 19th of April signs Rental of sweeper 7 12" valves at $115.75 each 4'10" 8 8" valves valves at at 90.65 54.30 each each 33 6" valves at 35.00 each 19th of April signs Rental of sweeper X86 Prices net - firm subject to acceptance within thirty ' days from March 131, 1950. Public Works Supply 20 5" hydrants at 125.59 each A. P. Smith Co. 1 16" x 12" Tapping Sleeves and gates $214.30 1 8t1 x 6" 70.57 1 12" x 6" 84.50 The Chairman read a letter from Jerome F. Garrity, Commander of the Veterans of Foreign Wars, requesting the installation of water and sewer services on Hayes Lane before April 19th. Mr. DeFoe stated that the "rock bottom" cost on the water service is $25, the sewer service is $100 and the sewer main is $400; these figures contingent upon both installations being made at one time. V.F.W. Upon motion of Mr. Nickerson, seconded by Mr. Gay, water & it was voted to have the water and sewer installed sewer immediately, subject to the payment of the service ' connection charge before installation and the Post's agreement to a betterment assessment in an amount estimated at -about $100 to be paid over a period of ten years. Bowser Letter was received from the subpoena together with copy of a subpeona for assessment of damages by Paul taking on East Street. The Clerk was instructed to to the Town Counsel. County Commissioners, relative to a petition Bowser on account of a refer the correspondence Mr. DeFoe presented each member of the Board with Water a detailed statement relative to work contemplated for Orders 1950 with a recap of the labor and equipment. A lengthy dis- cussion was held on the subject and the Board authorized preparation of the following water orders Woodhaven Streets (only 5001 to be installed at present); William Road, 550 linear feet; Harding Road, 550 linear feet; Crawford Road, 400 linear feet; Tavern Road, 250 linear feet. The order of installations was left to the dis- cretion of Mr. DeFoe and Mr. Burns, Messrs. DeFoe and Burns retired at 10:25 P. M. Scout Letter was received from Mr. Garrity, Sup1t. of Parks Pilgrimage and Playgrounds, together with an application from the Boston Council of the Boy Scouts requesting permission to use the Common, in connection with the Annual Scout Pilgrimage, on April 22nd. ' Mr. Gay moved that the request be granted. Mr. Nickerson seconded the motion, and it was so voted. Surety bond #F-97317 in the amount of $54.0700 on behalf of William S. Scamman as Collector of Taxes was received from the American Employers Insurance Oompany, Mr. Gay moved that the bond be approved. Mr. Nickerson seconded the motion, and it was so voted. Surety bond #F-97316 in the amount of $54,200 on behalf of James J. Carroll as Town Treasurer and bond #F-60708 in the sum of $1,000 on behalf of Mr. Carroll as Tovn Clerk was received from the American Employers' Insurance Company. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to. approve both bonds. The Chairman read a:;.letter from Kenneth V. Cassidy, on behalf of the Lexington V.F.W. for permission to conduct a Poppy Drive on May 26th and 27th. Mr. Nickerson moved that the request be granted. Mr. Gay seconded the motion, and it was so voted. ' The Chairman read a letter from Carl R. Petterson, 6 Hill Street advising that he desires to relinquish Veterans Lot #12, Cedar Street. Mr. Nickerson moved that Mr. Petterson's deposit be returned. Mr. Gay seconded the motion, and it was so voted. The Clerk was instructed to notify the vertern whoses name is on top of the waiting list that this lot is now available. Application was received from the Simon W. Robinson Lodge requesting permission to use Cary Hall on Saturday, May 6th from 6:30 x'. M. until midnight for an annual Ladies Night. .Mr. Gay moved that the use of the hall be granted subject to a charge of X35.00. Mr. Nickerson seconded the motion, and it was so voted. Application was received from the Lexington Field & Garden Club requesting permission to use Estabrook Hall on Monday, April 3rd from 7;45 P. M. until 10:00 P. M. for a• meeting. Mr. Gay moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant the Sunday Movies License for the Lexington Theatre, Inc. s� Tax Coll. Bomd Town Clerk & Treas. bonds Poppy Drive Use of Hall 688 Two proposals were received for the purchase of ' a car for the Lexington Police Department. The mem- bers agreed to'..,, -hold both bids over until the next meeting when the other two Selectmen would be present. Upon motion of Mr. Nickerson, seconded by Mr. Gay, Water it was voted to sign the Order for the construction Order of Watson Road in the following form. COMMONWEALTH OF MASSACHUSETTS ' Middlesex, ss. Lexington;, Mass. Feb. 13, 1950 Town of Lexington, Selectmen's Room At a meeting of the Board of Selectmen of the Town of Lexington, after having g'iven.due written notice of the intention of said Board, as required by law, to day out as a town way the way known as Watson Road from Robbins Road, southwesterly to Lexington Avenue, a distance of approximately 308 feet, all as hereinafter more fully appears, and after public hearing thereon held on February 13, 1950; Now, upon consideration of the matter, it is ORDERED: that this Board of Selectmen is of the opinion that ' public necessity and convenience require that said Watson Road be laid out and established as a public town way, and that the game is hereby laid out and established as a public town way respectively, as follows: The southeasterly line of Watson Road begins at a point in the westerly line of Robbins Road, said point being northerly and distant 70.98 feet from the northerly terminus of a curve of 174.31 feet radius, thence bearing to the left with a curve of 25.00 feet radius distant 45.70 feet to a point of tangency, thence S770 42.1 50"W distant 256.44 feet to a point of curvature, thence bearing to the left with a curve of 25.00 feet radius distant 32.84 feet to a point of tangency in the easterly line of Lexington Avenue. The northwesterly line of Watson Road begins at a point in the westerly line of Robbins Road, thence bearing to the right with a curve of 25.00 feet radius distant 32.84 feet to a point of tangency, thence S770 421 50"W distant 256.44 feet to a point of curvature, thence bearing to the right with a curve of 25.00 feet radius distant 45.70 feet to a point of tangency in the easterly line of Lexington Avenue. The above described lines are parallel and distant 40.00 feet from each other with the exception of the curved intersections at Robbins Road and Lexington Avenue, all as shown on a plan entitled, "Flan of Watson Road, Lexington Mass. Scale 1 in. = 40 ft. Jan. 19, 1950, William M. Burns, Town Engineer which plan is on file in the Town Clerk's Office in the Town Office Building and a copy of which will be recorded with Middlesex South, -District Deeds with a copy of this ' order. And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been ' laid out and established as aforesaid, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law authorizing the assess- ment of petterments. Isf George W. Emery following appointments for Appointments terms expiring March 31, 1950; Isl William H. Driscoll /sl Frederick M. Gay -IsZ Donald E. Nickerson Lewis L. Hoyt Board 10JA Selectmen Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to make the following appointments for Appointments terms expiring March 31, 1950; Building Inspector Ernest A. Lindstrom Constable (Under Ch. 41, Sec. 91A) Charles E. Moloy Executive Clerk, Selectmen Hazel J. Murray Lockup Keeper John W. Rycroft Park Department, Superintendent John J. Garrity Plumbing Inspector Ernest A. Lindstrom Superintendent of Public Works Joseph H. DeFoe Superintendent of Public Works Assistant William M. Burns Town Counsel Harold E. Stevens Town Engineer William M. Burns Veteranst Agent Edward F. Chapin Weighers Jacob Bierenbroodspot Mary E. Chaplin Arthut J. Gennetti Thomas Lynch Arthur J. Rivet, Jr. Paul Wagner, Jr. Harold I. Wellington 590 Wire Inspector Louis W. Bills , i The meeting adjourned at 10;45 P. M. e , S ectm n. OL 1 C� ni SELECTMEN'S MEETING April 32 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 3, 1950 at 7.00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. Mr: David A. Long, Creditman, 53 Burlington Street, was drawn to serve on Criminal Business,'2nd Jurors session; Mr. Reuben Preston, Electrician, 18 Fair Oaks Drive, was drawn to serve on Criminal Business, lst session; Mr. Lauren M. Burgess, Engineer, 227 Follen Road, was drawn to serve on Civil Business, 2nd session; George P. Langton, Sup't., 25 Fuller Road was drawn to serve on Civil Business, 1st session. Mr. Carroll explained to the Board that he has checked into the borrowings on the so-called Liberty-Ledgelawn project and the proposed fire station in East Lexington. He has been guaranteed Borrowings 1—,1% on the $ 45,000 borrowing which, according to the vote,. of the Town Meeting, calls for a nine year period. He recommended combining the two amounts making a total of $70,000. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to authorize the Town Treasurer to borrow the sum of $251000 at 451,000 for five years and $453,000 at 65,000 for nine years. Mr. Carroll retired at 7;10 P. M. Mr. DeFoe, Supt. of Public Works, met with the Board, and reported on Inspection Service for cast iron water pipe. He stated that he had re- ceived prices as follows; 1/ per foot for 611; Water pipe 1.3� per foot for 8"; 1.10 per foot for 10" and inspection 2� per foot for 12". He further stated that for the estimated amounts, tentatively set up for pur- chase,, the inspection would cost 4124.40e Mr. Harold E. Stevens, Town Counsel, met with the Board at 7;25 P. M. Mr. Stevens explained that an inspection should not relieve the Warren Pipe Co. of the warranty. Mr. Nickerson suggested that Mr. DeFoe discuss the subject with the Warren Pipe Company and report further next week. 0 Gasoline Permit Mr. DeFoe reminded the Board that 137 spaces have been approved for parking meters and only 120 meters have been purchased. The matter was discussed and upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to eliminate meters at the following places: 14 meters on the inside curve at Depot Square, 1 at the corner of Grant Street and 2 on the right hand of Depot Square at the shrubs. The Board further agreed to erect One Hour Parking signs at Emery Park without making any actual change in the Traffic Rules and Re- gulations. Mr. DeFoe retired at 7:55 P. M. (returned at 9:00 P. M.) At 8:00 P. M. hearing was declared open upon the petition of Gil Wy:ner Co., Inc. for permission to maintain one undergrc and tank for -the storage of 5,000 gallons of gasoline, on premises off Wood Street, to be used in connection with the construc- tion of Route 128. Notice of the hearing was advertised in the March 23, 1950 issue of the Lexington Minute -Man and the application approved by Chief Roy A. Cook of the Fire Department. No persons appeared in favor or in opposition. The hearing was declared closed -and upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that the application be approved and a license granted. At 8:15 P. M. hearing was declared open upon the petition of Kieran J. Lowry for permission to Gasoline increase the capacity of underground tanks for the Permit storage of gasoline from 61,000 gallons to 12,000 gallons on premises located at 286 Lincoln Street. Notice of the hearing was advertised in the March 23, 1950 issue of the Lexington Minute -Man and the application approved by Chief Roy A. Cook of the Fire Department. No persons appeared in favor or in opposition. The hearing was declared closed and upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted that the application be approved and a license granted. Letter, signed by five residents of the Five Forks area, was received relative to a building being erected near the intersection of Marrett Bldg. at Road and Lincoln Street. Five Forks The matter was referred to the Town Counsel who was instructed to contact the individuals. Mr. Stevens retired at 8:35 P. M. L 1 1 3 Welf are Dept. Comp. plan Woodhaven Mr. James Collins, Welfare Fgent, met with the Board. He explained that the Welfare Depart- ment compensation plan now in effect provides for a maximum for the Agent of $3520. The increase in salary recently approved brings the maximum up to $3600,necessitating the submission of a new com= pensation plan to the Division of Civil Service. Mr. Nickerson inquired as to whether or not the new schedule would commit the Board to any yefrly increments and Mr. Collins replied in the affirmative. Mr. Hoyt asked if the Board would be required to give any increases next year even if the Select- men decided not to approve increases and Mr. Collins replied in the negative. The Chairman was authorized to sign the com- pensation plan submitted by Mr. Collins. Mr. Collins retired at 9;00 P. M. The following individuals, residents of Wood- haven, met with the Board; Messrs. Sullivan, Aiken, Walker and Rice. Mr. DeFoe, Sup't. of Public Works, was also present. Mr. Aiken, spokesman for the group, said that they are not yet to the point where they are ready to take action relative to the acceptance of streets, but would like to begin an educational campaign as to the necessary requirements for the acceptance of streets. They would like to prepare a question and answer release describing the responsibilities and the rights of the persons living in Woodhaven as the matter now stands, what can be done about it, and how it is done. He explained that most of the home owners are persons who have not owned homes before or are people who have come here from outside the Commonwealth. They are not familiar with the way things are done in New England or their rights and responsibilities in this new development. The Chairman informed the group that all the streets, with the exception of Spring Street, are unaccepted. He explained that the Town plows unaccepted streets and furnishes lights, police and fire protection. He said that any road work that needs to be done is not the responsibility of the Town no matter how bad it gets. He explained that if the Town did work on an unaccepted street, under Massachusetts law, the Town would then be in a position where liability can be imputed to the Town for six years. He said that a municipality is liable for accidents that occur on its streets and as soon as the Town dumps fill to take care of holes, it has, by law, picked up that street as a responsibility and therefore it has been the 3 Welf are Dept. Comp. plan Woodhaven In policy of the Board never to do any work on un- accepted streets. He stated that if the streets wear out anything to be done will have to be done by contribution by the neighbors. He said that if the streets are so bad that the fire apparatus cannot get through, he was afraid that the answer is still the same. Mr. Aiken asked if the fact that the streets are marked as private ways indicated that the property owners are relieved of the responsibility. The Chairman explained that the private way marking makes it clear to anyone that it is not an accepted street. He said that the first step in having a street accepted is to file a request with the Board stating that they would like the town to consider acceptance of the streets and an estimate of the cost. The Board then refers it to the Superintendent of Public Works and Town Engineer. A survey would be made and an estimate figured as to the cost per linear foot to construct the streets under the town's specifications. He said that the total possible cost would be the total possible cost of the street with 2" hot top laid in two courses, and further•explained that the Selectmen are now using the formula of eliminating from the cost to the abutter, the short side of , any lot that is on a corner; the charge being made for the longer side. The cost for intersections is also eliminated and if there were a drainage problem the Board would figure as a cost to the abutter what the Board and the Town Engineer felt was a proper percentage of the drainage problem. The Chairman said that the petitioner would be sent a long sheet to be signed by the abutters, giving them an idea of what the estimated cost would be to build the street, leaving out the squares at the intersections and the short sides on corners. That cost, with those deductions, is divided into the several frontages. He explained further that the cost to the abutters is payable over a ten year period. He stated that if the abutters agreed to have the streets constructed the Board would then recommend acceptance at a Town Meeting at which time an appropriation would be requested. He said that the actual cost could be higher or lower than the estimates given to the abutters. Mr. DeFoe suggested that if and when a petition is presented for acceptance that as many signatures as possible be obtained. The Chairman said that the Board would not recommend the construction of a street with less , than one-half of the owners having signed for it. ' The Board prefers to have at least two-thirds of the owners sign. Mr. DeFoe explained that the paved surface will be 24' and a rough estimate of the cost would be $5.00 per linear foot, not :including sidewalks. The group, with the excepticnof Mr. DeFoe, retired at 9:35 P. 1v1. C 1 The DeFoe presented a plan of Webb Street showing the property of individuals who have signed for the extension of a water main as well as the property of those who will not sign. Inaemuch as the property owners who do not wsnt the installation represent more than half the front- ages on the streetp Mr. Driscoll moved that the in- stallation be postponed. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe presented each member of the Board with a copy of the quotations he received on cast iron fittings. Mr. Nickerson moved that the Sup t. of Public Works be authorized to place an order with the Warren Pipe Company for the Short Body fittings, totalling $1223.47. Mr. Gay seconded the motion, and it was so voted. Petition was received for the acceptance of Butler Avenue, a copy of which was given to Mr. DeFoe and Mr. Burns. The Selectmen felt that, due to the construction program already authorized by Town Meeting, this could not be considered before a Fall Town Meeting. It was agreed that during the late summer the Town Engineer would make a survey. Specifications were received from the Board of Fire Engineers relative to the purchase of a car for the Chief Engineer. The Chairman reminded the Board that two bids have also been received on the purchase of a car for the Police Department. Mr. Driscoll moved that any decision relative to the bids be held over until the Special Meeting of the Board on Thursday evening, April 6. Mr. Hoyt seconded the motion and it was so voted. The Chairman read a letter from the Chief of "rolice in reply to the Board's request for inf rmation as to the advantages and disa.dvantages of al night lighting in Lexington Center. The chief very d finitely is in favor of all night lighting, not only in the Center but all over Town. Water Webb St. Cast Iron Fittings Butler Ave. Article Fire Dept, Car All Night Lighting s CM It was agreed that the Sup►t. of Public , Works should advise the Boston Edison Com- pany that the Selectmen intend to have all night lighting in Lexington Center as orginally agreed upon. Letter was received from the Chirman of the Planning Board, confirming a telephone con- versation with the Chairman of the Board of Special Selectmen relative to a Special Town Meeting Town Meeting to be held on May 8th. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to call a Special Town Meeting for Monday, May 8, 1950. Sewer Upon motion of Mr. Nickerson, seconded by Mr. Order Gay, it was voted to adopt a sewer order for Hayes Lane in the following form; COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting ' in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this third day of April, 1950, has laid out and voted to construct a common sewer in Hayes Lane, a way in said town opened or dedicated to the public use which has not become a public way, as more fully shown on a plan entitled "Plan of Proposed Sewer in Hayes Lane, Lexington Mass., Scale 1 in. = 40 ft. March 30, 1950, William M. Burns, Town Engineer", abutting the premises numbered 2, thereon designated as lot #7 on the Assessors' Plans and does hereby ORDER that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Hayes Lan, Lexington, Mass., Scale 1 in. = 40 ft. March 30, 19501, William M. Burns, Town Engineer" is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held on March 20, 1950, as follows; "VOTED; that the Selectmen be and they hereby are authorized to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof, and in addition thereto, or otherwise; and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary or appropriate therefor, and to appropriate for payment thereof the sum of $58,000 of which $30,000 are to be tr€;nsferred from the Sewer Assessment Fund, I and the balance of 428,000 is to be transferred from the Excess and Deficiency Account_." That the work be done by, or under the direction of, the Superintendent of Public Works who shall as soon as feasible e.f ter the completion thereof, together with the Town Engineer, compute the expense of the same and return to this Board an account thereof, and that thereafter, one half (2) of the cost of the con- struction thereof shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 1926. And it is further ordered that a copy of this order, attested by the Clerk of the Board, be filed for record in the Registry of Deeds for the Southern District of said County, as a statement of our action in the premises, in compliance with the pro- visions of Section 27 of Chapter 83 of the General Laws. The Assessments so to be made are estimated, and the estates upon which assessments may be so made, are numbered in the numbering of said street or other- wise designated, as set forth in the schedule hereto annexed and made a part hereof. 1s/ Donald E. Nickerson Selectmen 4s4 William W. Driscoll Isl Lewis L. Hoyt of 1sl Frederick M. Gay Lexington Attest: Hazel J. Murray Clerk . Selectmen TOWN OF LEXINGTON Schedule of estimated assessments, and estates to be assessed annexed to Sewer Order for con- struction of sewer in Hayes Lane House Lot Number Number Area Supposed Owner 2 7 8,500 Lexington Veterans of Foreign Wars, Inc. Assesment y 104.55 Scc Upon motion of Mr. Hoyt, seconded by Mr. ' Water Driscoll, it was voted to adopt a water order Order for Hudson Road in the following form.: ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main HUDSON ROAD From Woodcliffe Rd. easterly to Cutler Farm Rd., distant approxiately 560 feet. WHEREAS, at a meeting duly called and held on March 20, 1950, the Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: VOTED: That the Selectmen be and they hereby are authorized to irs tall water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaeeetped streets or other land as the Selectmen may determine, subject to the assessment of betterments, or otherwise, and to take ' by eminent domain or otherwise acquire any fee, easement or other interest in land necessary or appropriate therefor, and to appropriate for payment thereof the sum of X61,500, of which $451,000 are to be transferred as follows:- X10,000 from the Excess and Deficiency Accoutn, $25,000 from the Water Assessment Fund, and $101000 from the Water Department Available Surplus Fund: and the balance of $16,500 is to be raised by direct assessment. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority con- ferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Hudson Rd. from Woodcliffe Rd. easterly to Cutler Farm Rd. distant approximately 560 feet as afnTesaid, the following easement namely: The right to enter upon the land shown as Hudson Rd. ' in a plan entitled, "Plan of Proposed Water Main in Hudson Rd. Lexington, Mass. Scale 1 in.= 40 ft. Jan. 30, 1950 4 William M. Burns, Town Engineer", and owned by Macland Inc., and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of William M. Burns, Town Engineer, dated Jan. 30, 1950, to be recorded .herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter main- taining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the com1bletion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of William M. Burns, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assignay to its and their own use and behoof forever agreeable to the provisions of said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. INWITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of the Town of Lexington aforesaid have hereunto subscribed our names this 3rd of April, 1950. /sl Frederick M. Gay /s/ William H. Driscoll !s/ Lewis L. Hoyt /s/ Donald E. Nickerson 71 Selectmen of Lexington tocc COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. April 3, 1950 Lexington, Mass. Then personally appeared the above named George -We -Emery, Frederick M. Gay, William H. Driscoll, Donald E. Nickerson and Lewis L. Hoyt and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public Mr. DeFoe retired at 10;45 P. M. A letter was received from William J. Heafey, 32 Burnside Avenue, Somerville offering the sum of $100 for lot 439 Hillcrest Street. Mr. Hoyt moved that Mr. Heafey be advised that the Board will entertain an offer of $275 for this lot. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from Wallace Orchard Street, Somerville offering the $100 for lot 42, Hillcrest Street. Mr. Hoyt moved that Mr. Foskett be that the Board will entertain and offer for this lot. Mr. Driscoll seconded the and it was so voted. E. Foskett, 98 sum of advised of $275 motion, Letter was received from the Lexington His - Sign for torical Society asking if the Board would permit Ellen a sign "Robbins - Stone House Built 171611 to be Stone placed on the old Ellen Stone House at 1295 Mass - House achusetts Avenue. ' Upon motion of Mr. Hoyt, seconded by Mr, Nickerson, it was voted to grant the request insofar as the Board has any control. A letter was received from Norman J. Beckett, Tax title 48 Valley Road, Lexington, offering $220 for Lots property 1 and 2, Block 69, and Lots 11 and 12, Block 75, Valley Road. Mr. Hoyt moved that Mr. Beckett be advised that the Board will entertain an offer of $350 for these lots. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from William J. Heafey, 32 Burnside Avenue, Somerville offering the sum of $100 for lot 439 Hillcrest Street. Mr. Hoyt moved that Mr. Heafey be advised that the Board will entertain an offer of $275 for this lot. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from Wallace Orchard Street, Somerville offering the $100 for lot 42, Hillcrest Street. Mr. Hoyt moved that Mr. Foskett be that the Board will entertain and offer for this lot. Mr. Driscoll seconded the and it was so voted. E. Foskett, 98 sum of advised of $275 motion, 1 r u A letter was received from Albert C. Tuff, 70 Magnolia Street, Arlington offering the sum of $100 each for lots 64 and 66 on Grape Vine Avenue, Mr. Hoyt moved that Mr. Tuff be advised that the Board will entertain an offer of $200 each for these lots. Mr. Gay seconded the motion, and it was so voted. A letter was received from John E. Hossfield, 128 Reed Street, Lexington offering the sum of $25 each for lots 1, 2 and 3, Block 92, Essex Street. Mr. Hoyt moved that Mr. Hossfield be advised that the Board will entertain an offer of $150 for these lots. Mr. Gay seconded the motion, and it was so voted. Request was received from John J. Shaughnessy, 44 Garfield Street, Woburn, for a permit to move a house from 75 Valley Road to lots 249 25 and 26 Valley Road. The house is 431 x 271 and approximately 181 high. It is now in the location of Route 128. Mr. Driscoll moved that the request be granted and a permit issued. Mr. Hoyt seconded the motion, and it was so voted. Application was received from Rev. T. F. Murphy, on behalf of the Sacred Heart Church, for the use of Cary Hall on May 17, 1950 from 8;00 P. M. until mid- night for an Annual Reunion. Mr. Hoyt moved that the use of the hall be granted subject to a charge of $35.00. Mr. Driscoll seconded the motion and it was so voted. x� Tax Title property Permit to move buflding Use of Hall Application was received from the Veterans of Foreign Wars for permission to conduct an Annual Ball in Cary Hall on the evening of April 19, 1950 from 8;00 P. M. until midnight. The Clerk reported that the Chairman of the April 19th Committee advised her that the Committee has agreed to let the Veterans conduct the Ball. Mr. Driscoll moved that the use of the hall be granted and considered one of the organizations free uses. Mr. Gay seconded the motion, and it was so voted. Application was received from Richard P. Cromwell, Chairman of the Planning Board, requesting permission to hold a public hearing in Estabrook Hall on the evenings of April 25, 26 and 27, relative to the proposed Zoning By-laws. 12 The Clerk informed the Board that the use of Cary Hall has been granted to the Middlesex Use of Hall County Farm Bureau on the evening of April 26 for a banquet and dance for which use a charge of $35 has been made. The Clerk was instructed to contact Mr. Cromwell and endeavor to make arrangements satisfactory to both groups for the two uses on the same evening. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to grant the following Licenses licenses; Chester W. Fillmore Pedlerts License Renewal Lexington Theatre Sunday Movies " Countryside Associates, Inc.Sunday Golf " Further consideration was given to the 1950 contract for the collection of garbage. Mr. Nickerson suggested that bids be solicited from Connors Bros. and from William G. Potter. Garbage The Chairman said that he doubted very Bids much if Mr. Potter would bid because of his friendship with the Connors Bros. and that he has never bid against them. Mr. Hoyt agreed with the Chairman. Mr. Nickerson moved that the Board solicit bids for the collection of garbage in Lexington for one year from Connors Bros. and William G. Potter. Mr. Driscoll seconded the motion and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to make the following annual appointments. Appointments Bridge Charitable Fund Trustee Clarence SWalker (Term expires 3/31/56) Dental Clinic Mrs. Vincent Burke Mrs. John Rich Thomas S. Grindle Fence Viewers Stanley A. Higgins John J. Garrity Field Drivers Gammell Legacy Income, Trustees (Acting with Board of Public Welfare) Benjamin W. Day John W. Rycroft Harold F. Lombard Mrs. Robert C. Merriam cc Iqu 1 D Registrar of Voters Leon H. Truesdell (Term expires 3/31/53) Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to appoin' the following individuals as Special Police in the Town of Lexington for a term ex- piring March 31, 1951: (See Selectmen's file - 1950 - Special Police) The meeting adjourned at 11:20 P. M. A true record, Attest: 1 Cler , lectmen, is 14 Annual Appoint- ments SELECTMEN'S MEETING April 6, 1950 A special meeting of the Board of Selectmen was held in the Town Accountant's Office on Thursday even- ing, April 6, 1950 at 7;30 P. M. Chairman Emery, Messrs. Gay, Driscoll,Nickerson and Hoyt were present. The Clerk was also present. Further consideration was given to the annual appointments, terms of service having expired on March 31, 1950. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to re -appoint Mr. Aiden L. Ripley as a regular member of the Board of Appeals for a five-year term expiring March 31, 1955, and to appoint Mr. Walter C. Ballard as a regular member of the Board of Appeals to fill the vacancy caused by the resignation of Mr. John Rich, for a term ex- piring March 31, 1951. 1 Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to appoint the following individuals I to serve as Associate Members of the Board of Appeals for one year terms expiring March 13, 1951; J. Hi ry Duffy, Elmer C. Houdlette, Edwin B. Worthen, Jr. and George W. Emery.. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to re -appoint Officer John A. Russell and Mr. Eugene A. LaRose as Dog Officers for terms expiring March 31, 1951. The Chairman reminded the Board that the Lexington Rep. to Visiting Nurse Association had requested a member V.N.A. of the Board to represent the Selectmen on the organi- zation's Board of Directors. It was agreed that Mr. William H. Driscoll would serve on the Board of Directors of the Lexington Visit- ing Nurse Association as the Selectmen's representative. License to Application was received from Gil Wyner & Co., store Inc. for permission to store approximately 3,000 lbs. dynamite of dynamite on State property, to be used on connection with the construction of Route 128. Mr. Nickerson moved that the application be approved and the licence signed. Mr. Gay seconded the motion, and it was so. voted. I ' A 8;00 P. M. Mr. Joseph H. DeFoe, Sup't. of Public Works, and Mr. William Burns, Town Engineer, met with the Board. Bids were received from Frederic K. Johnson and Frederic R. Childs for the following; 1/2 ton pickup truck for the Public Works Department; 4 door Standard Sedan for the Fire Department and 2 -door Chevrolet sedan for the Police Department. Mr. Hoyt moved that the bid of F. K. Johnson, Inc. be accepted for a 2 -door Chevrolet sedan for the Police Department. The motion, however, was not seconded and therefore lost. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to accept the bid of Frederic R. Childs to furnish a 2 -door V-8 sedan for the Police Department at a net cost of $633.55. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to accept the bid of F. K. Johnson, Inc. to furnish a 1/2 ton truck for the Public Works Department at a net cost of $1097.00 Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to accept the bid of F. K. ' Johnson, Inc. to furnish a 4 -door Chevrolet Standard Sedan, for the Chief Engineer of the Fire Departments at a net cost of $15496.50. Mr. DeFoe inquired as to what date the Board ._desired to have the parking meters become effective and also asked whether or not the heads were to be placed before April 19th. Mr. Driscoll moved that the Sup t. of Public Works be authorized to proceed with the installation of the parking meter heads this week. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Driscoll,, it was voted to have the operation of the pF.rking meters effective as of April,17, 1950. The Chairman read a letter from Mr. Garrity, Sup't. of the Park Divison relative to the display of the Shenandoah Flag System and the State Flags over the 19th of April holiday. Mr. Garrity recommended that the Shenandoah system be dispensed with this year. He further recommended that the State flags should not be exposed on the Common overnight. The Board was in complete accord with Mr. ' Garrity's suggestions. The Clerk informed the Board that Mr. Newhall, Chairman of the 19th of April celebration, requested IT Police Car Truck for P. W. Dep't. Parking Meters .16 permission to arrange for additional lighting in Cary Hall in connection with the program proposed for the celebration. The Board had no objection providing the Committee would agree to assume any expense that might be involved. There was a very lengthy discussion as to how the various public works construction projects should be handled during the year 1950 and it was decided as follows: 1. Let Fair Oaks take its normal course. 2..Continue on Farmcrest. 3. Town to do any and all drainage. 4. Town to do miscellaneous street water extensions. 5. Let out to contract Prospect Hill Road and Marrett Road water. 6. Let out to contract Route 128 sewer sections. 7. Let out to contract Fern Street & Bow Street sewer laterals. B. Let out Watson Road street construction. 9. Sidewalk construction to contractor. 10. Kinneen Pond to contractor 11. Miscellaneous curbs by Town unless favorable other opp. 12. Maintenance in July and August by? 13. Hire inspector for #5, 6, 7 and 9. 14. Buy tractor late summer or fall. It was also decided to arrange an early confers+- ence with the Planning Board and the Town Counsel to work our a practical and legal formula for determining the close cases on where water installations should be done under regular Betterment Act procedure or fall within the new regulations covering subdivisions under the jurisdiction of the Board of Survey. A true record, Attest: le /ectm�en. I a L SEIE CTMEN'S MEETING April 10, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, April 10, 19501 at 7:00 P. M. Chairman Emery, Messrs. Gay, Nickerson, Driscoll and Hoyt were present. The Clerk was also present. Mr. DeFoe, Supt. of Public Works, met with the Board and reported further, as requested by the Board on testing prices for cast from pipe. He reported that he had discussed this subject with Mr. Harold Toole, of the M•D.C. The Commission does have pipe tested, particularly large orders. In addition to the prices submitted last week, he stated that he had received a price of 34er foot for over -sized pipe. He explained that the Warren Pipe Company would have no objection if the Selectmen decided to employ an inspector and it would in no way affect the warranty. Mr. Hoyt asked if Mr. DeFoe thought pipe should be inspected and he replied that it would be an extra pre- caution and the amount of money involved so small that it might be advisable to take advantage of an inspection service. Mr. Harold E. Stevens, Town Counsel, met with the Board at 7:25,P. M. Mr. Hoyt asked if Mr. DeFoe recommended the pro - Posed -inspection and he replied in the affirmative. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to adopt the policy of having all water pipe inspected; the responsibility as to who is to be engaged to be left to the discretion of the Supt. of Public Works. Mr. DeFoe submitted quotations received for the purchase of copper tubing for water services. The Selectmen authorized Mr. DeFoe to purchase 3/4" and 1" copper tubing for water services in an amount up to 10,000 feet, from the Red Hed Manfactur- ing Company at prices submitted by Mr. DeFoe. 17 Inspection of Water Pipe Copper Tubing The Chairman read 8 -:letter from A. Clifford Request Fletcher requesting the installation of a water main for water in Blossomerest Road. It was agreed that the Sue t. installation of Public Works should prepare betterment assessment sheets for signatures. Mr. DeFoe and'Mr. Stevens retired at 7:55 P. Mo (returned to the meeting later). 18 Mr. Frank H. Walker, Town Accountant, met with the Board and presented each member of the Public Board with a report prepared by him with reference Works to the operation of the Public Works Department Dept. (clerical). It was agreed to have Mr. Walker and Mr. DeFoe meet with the Board of Monday evening, April 24th, at 7:30 P. M. Mr. Walker retired at 8:00 P. M. Mrs. Morey, Chairman, and the following members of the -School Committee met with the Board: Mesard. Davis, Wadsworth and Slade. Mr. Grindle and Messrs. Adams and Ripley of the Planning Board were also present. Mrs. Morey stated that the town is going to have another elementary school and presented a map showing the existing schools and proposed locations. She said that unless the property is purchased fairly soon, the Town will have Elementary to pay more money for it. She stated that School the School Committee knows where the schools Sites are needed, the Planning Board knows what land is available and the Selectmen purchase it. She said that the School Committee would like to go to the Special Town Meeting in May and request an appropriation so that specifications can be obtained. The Chairman asked when a new school should be ready according to the `studies made and Mrs. Morey replied that the Committee plans to fix seven rooms in the existing schools and hold off to see whether a wing will be built on the Franklin School or another elementary school built. She stated that if one of the larger developments actually begins, it might be better to build another school. Mrs. Morey said that it does not seem nec- essary to have a School Sites Committee. The Chairman said that he thought it would be more orderly to have a Sites Committee appointed and it was finally agreed by all present that there should be an Elementary School Sites Committee appointed# authorized by Town Meeting, consisting of two members of the School Committee, two members of the Planning Board and two members of the Board of Selectmen; said Committee to report with specific recommenda- tions and options to the next Town,Meeting. Messrs. Adams and Ripley retired at 8:35 P. M. 1. t 1 1 Mr. Converse Hill-met,with the Board relative to questions raised -by the School Committee with refer- ence to efer- ence-to insurance. Mrs. Morey infermed Mr. Hill that the amount of insurance oZi the" Fiske bctiool seemed to be out of line. Mr. Hill explained that the letter, dated last February.to which Mrs. Morey referred, only listed the schools for depreciation. He stated that when the Company speaks about the insurable value on the buildings, it means replacement costs less depreciation, and that all the buildings are appraised by the National Appraisal Company. The subject was discussed at length and Mr. Hill agreed to write a letter, requested by Mr. Davis, to the effect that the schools are adequately protected. It was agreed by the School Committee and the Selectmen to review the coverage some time about the first of October. The group retired at 9:00 P. M. 19 Insurance Mr. Robert T. Person and Dr. Howard Foley of the Recreation Committee, Mr. Aiden L. Ripley of the Planning Board and thirteen other persons, including Messrs. Currier, Greeley, Lyon, Manley and Hood, met with the Board. Future Mr. Currier stated that the Building group desired to Suggestions enlist the Boards aid in establishing a policy which will give the Town, buildings to conform with its history. He said that he thought there was a responsibility to keep the Town essentially Colonial or at least have a Colonial appearance. Mr. Ripley explained that in the Town of Wellesley an Art Commission has been created. He talked to the Chairman of that Commission over the telephone and was advised that such an arrangement had worked out very satisfactorily. Mr. Greeley stated that he thought a Commission might have a definite interest in the control of archi- tecture, but that it would be a difficult thing to handle. He thought Mr. Currier had an idea which should be pursued to some conclusion, but it would be very difficult to use force. He said that the idea was good but he thought very careful thought should be given relative to designating any such powers, but that it might be safe to have a com- mittee with powers of persuasion.. Mr. Person inquired &L -to wriei.ier or not the group present had requested the meeting because of the pro- posed toilet facilities building for the Center Play- ground and Mr. Currier replied in the negatite and said that this was not a new idea. He has in the past discussed it with both Mr. Ripley and Mr. Lyon. He 20 Approve Plans for Bldg. Center Playground Speed Zone - Traffic said that he was not criticizing any past action, but> wanted to establish a policy that will help the Town in planning. Mr. Ripley explained that the subject had been discussed at a meeting of the Planning Board and the Board approved the idea in general. The subject was discussed at length and it was finally agreed to have a Committee appointed, under Article 2, at the Special Town Meeting. The group with the exception of Messrs. Person, Foley and Stevens, retired at 9:55 P. M. Mr. Person informed the Board that the Recreation Committee would like to have an article inserted in the warrant for the Special Town Meeting to provide additional funds in the event the bids for the proposed toilet f acilities exceed $89500. The Chairman polled the Board and it was agreed to endorse the plans for the toilet facilites at the Center Playground as submitted by the Recreation Committee. It was further agreed that the building should be wired for electric lights. Messrs. Person and Foley retired at 10:10 P. M. Mr. William F. Bench, of the Registry of Motor Vehicles, met with the Boardq He said that the State proposes to speed zone Route 2 beginning Alewife Brook Parkway and continuing to the Action line, for 45 miles per hour. He stated that he had Chief R'ycroft and also the State Police and they are in favor. He explained that the Registry would have to have the approval of the Board of Selectmen and the Chief of Police. Mr. Hoyt moved that the Board of Selectmen approve the proposed 45 miles -per -hour speed zone on Route 2. Mr. Nickerson seconded the motion and it was so voted. Messrs. Bench and Stevens retired at 10:30 P. at checked with M. 11 The Chairman read a letter from A. Clifford Fletcher, 46 Blossomerest Road, stating that he would like to build a house on Lots 90 and 91, Request for Wachusett Drive. He asked to have the water water on pipe installed across the front of these two Wachusett lots and stated that he is prepared to pay the Drive betterment on his side of the street. If this cannot be done, Mr. Fletcher asked for permission to run a water line from the house he intends to build to either of the dead -ends. The Board had no objection to Mr. Fletcher's suggestion providing it meets with the approval of Mr. DeFoe and fir. Burns. 11 1 The Chairman read a letter from Gordon E. Eaton, 9 Galvin Street, together with petition signed by residents in the Sunnyfield area, requesting an ex- tension of the sewerage system to serve property on Bedford, Bernard, Ivan and Calvin Streets. The Chairman was authorized to advise Mr. Eaton that the Board would be pleased to discuss the matter, but that it must be recognized that there is neither the time nor the money to do this work in 1950. Mr. Gay, at the Chairman's request, took over the meeting. Letter was received from Richard H. Martin requesting permission to use town property ad- jacent to his veteran lot #18 for a garden. Mr. Nickerson moved that the request be granted, subject to the approval of the Town Counsel. 1l1r. Driscoll seconded the motion, and it was so voted. Letter was received from Mr. William E. Lyon requesting the installation of parking meters in front ' of his business establishment at 55 Waltham Street. Mr. Emery was authorized to ask Mr. Lyon if he would be willing to let the matter rest for a while and see how the situation develops. The Board felt that possibly other adjustments may have to be made after the meters have been in operation: for a while. Letter was received from Mr. J. E. McAuliffe, Supt. of the Lexington Post Office, asking the Board to consider limiting parking to 5 or 10 minutes in front and one the side of the Post Office. Mr. Emery was authorized to acknowledge the letter and ask Mr. McAuliffe to try the meters out as scheduled for a while and see how they work, but that the Board would co-operate as much as possible. Certificate of Incorporation was received on behalf of Charles G. Esterberg, Jr., 263 Lincoln Street. Satisfactory character reference was received from the Chief of Police. Mr. Nickerson moved that the application be approved and signed. Mr. Hoyt seconded the motion, and it was sP voted. 1 21 Sunnyfield Sewer Town land for garden Parking Meters. Cert. of Incorp. 22 Letter was received from Wallace E. Foskett, 98 Orchard Street, Somerville, advising that he would accept the Board's price of 4275. for Lot 42 Hillcrest Street. He further stated Tax Title that he would also like to purchase Lot 43 Hillcrest Street at the same price. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted that the offer be advertised in the Lexington Minute -Man and further consider- ation given to the subject at the next meeting. Letter was received from Mrs. R. C. Cushman, Ambulance 11 Chase Avenue, requesting an abatement of the Bill ambulance bill in the amount of $12. The Clerk Abated reported that she had been advised by the Depart- _ ment of Public Welfare that Mr. Cushman and his son are both unemployed. The daughter is at- tending school on a scholarship. Upon motion of Mr. Nickerson, seconded.by Mr. Hoyt, it was voted to abate the ambulance bill. Application was received from the Lex- ington Taxpayers' Association requesting the use Use of of Estabrook Hall on the evening of May 3rd for Hall a meeting. Mr. Hoyt moved that the use of the hall ' be granted free of ehar$e. Mr. Driscoll seconded the irtotion and it was so voted. Upon motion of Mr. Hoyt, seconded by Mr, Nickerson, it was voted to grant the renewal of the following licenses; Licenses John W. Leary 45 Waltham St. Public Carriage JRenewal) Michael O'Gara 1722 Mass. Ave. If It If Lex. Bowladrome 1698 Mass. Ave. Sunday Bowling If Man-A-Minnit Golf Concord Ave. it Sales if George E. Wardrobe 807 Mass. Ave. it If " Durand's Chocolate Mass. Ave. It If " Geo. R. Reed 1721 Mass. Ave. Itit " Kenneth Blodgett 269 Bedford Street If It " Marcia Dane 1700 Mass. Ave. Intelligence " Lex. Bowladrome 1698 Mass. Ave. Bowling Alleys " Salvation Army 87 Vernon St. Boston -Junk Collector " Theron H. Gough 451 Concord Ave. Peddler Lexington Theatre Mass. Ave. Sunday Movies Countryside Associates Lowell St. it Golf 1 L 1 Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to appoint the following individuals (recommended by the Chief of Police) as Special Police Officers for a term expiring March 319 1951; Bartholinew T. Clancy John E. Rowe Robert E. Walton Joseph P. Marshall Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign a contract, approved by Town Counsel, between the Town of Lexington and Link Radio Corporation for the purchase and install- ation of a two-way radio system. Upon motion of Mr. Hoyt, seconded by Mr. Nick- erson, it was•voted to sign the following Water Orders.- Winston rders;Winston Road, Cutler Farm Road, Marlboro Road and Grassland Street. (Exact copy of order in Selectmen's Files "Water Orders", 1950). Sealed bid was received from Connors Bros., dated April 10, 1950, for the collection of garbage for a period of one year in the amount of $10,800. Upon motion of Mr. Hoyt, seconded by Mr. NickeraDn, it was voted to award the contract to Connors Bros. for one year at their bid of x¢100800. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll it was voted to make the following appoint- ments for terms of one year; Public Welfare Bof rd Fence Viewer Town Manager Committee Edmund J. Costello H. Webster Thomas William H. Ballard Henry Brask Donald D. Hathaway Idichael J. Hopkins Errol H. Locke 29 Special Police Two-way Radio':; Water Orders Garbage Bid Appointments The Clerk called the Bo -rd I s attention to the fact that the perambulation of the Town's bounds should be done this year, and in the past the Board has appointed the Town Engineer and the Clerk to the Board of Assessors as substitutes for the Selectmen. Mr. Nickerson moved that Mr. DeFoe and'Mr. Burns be requested to act as substitutes for the Board of Selectmen. Mr. Emery seconded the motion, and it was so voted. The meeting adjourned at ,111:45 P. M. I_X eY S ecI n. 24 SELECTMEN'S MEETING April 159 1950 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Saturday morning, April 15, 1950 at 10;15 a.m. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. .Various matters were discussed and the contract with the Harty Construction Company, for the construction of the new East Lexington Fire Station, was duly signed by all members of the Board. Upon motion duly made and seconded, it was voted to rescind the vote passed on April 3, 1950 calling A Special Town Meeting for May S, 1950, in view of further study of the proposed zoning by-law. The above record was inasmuch as the Clerk the meeting. dictated by the Chairman was not requested to attend Clerk, Selectmen. 1 1 1 u SELECTMEN t S MEETING April 17, 1950 A regular meeting of the Board of Selectmen was held in the Selectmenrs Room, Town Office Building, on Monday evening, April 17, 1950, at 7:00 P. M. Chairman Emery, Messrs, Gay, Driscoll, Hickerson and Hoyt were present. The Clerk was also preaent. Mr. James J. Carroll, Town Treasurer, met with the Board to report the results of bids secured by him for the $450000 East Lexington Fire station loan and the 4259000 Liberty-Ledgelawn street con- struction loan. He informed the Board that the bid of the First National Bank of Boston was 100.49 with accrued interest, and a coupon rate of 1 1/4 percent. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to accept the bid of the First National Bank and to approve borrowing a total of $70,000 for financing the construction of Liberty Avenue, Ledgelawn Avenue, Hamilton Road, Braemore Terrace and Hillside Terrace, Mr. Carroll retired at 7:05 P. M. and Mr. DeFoe, Suplt. of Public Works, met with the Board. The Chairman read a petition, signed by residents of Aerial Street, requesting the Board to take 'gall necessary steps to finish the street." Upon motion of Mr. Gay, seconded by Mr._ Nickerson, it was voted to refer the petition to the Engineering Department for preliminary study,. Request received from A. Clifford Fletcher for'the installation of a water main to service 'a house to be constructed on Lots 90 and 91 Wachusett Drive was held over from last week. Mr. DeFoe presented a sketch of the area and explained there is ledge in the street. He re- commended the installation of about fifty feet of pipe and assessing Mr. Fletcher for the tao com- plets lots. He informed the Board that the appli- cant will pay for the assessment any way at all just as long.as he gets the water. Mr.,DeFoe was instructed to check further in an effort to determine where the end of the existing main is located. Further consideration was given to the betterment assessments, as figured by the Superintendent of Public Works and the Town Engineer, for the construction of Colony Road. '25 Borrowing Aerial Street Mater for Wachusett Drive 26 The Chairman explained that some membersof the ' Board went down to Colony Road last Saturday and had determined how the betterments should be Colony figured. Road Upon motion of Mr. Hoyt, seconded by Mr. Assessment Driscoll, it was voted to figure the betterment assessments for the construction of Colony Road as follows: Divide the total cost of the work by two (2); then divide half (1/2) the cost of the work by twice the length. This will give the rate per assessable foot of frontage to be used in determining the betterment. Mr. DeFoe reported on request received Water from Mr. Berglund for the extension of a water Tavern main in Tavern Lane. He presented a plan and Lane explained that there are two•ways in which the extension may be mades one is to go down Percy Road and the other is to enter from Eliot Road. He has discussed this subject with Mrs. Lyon who owns three parcels of land upon which a betterment assessment would be levied. The Chairman stated that, considering the total cost, it would be less expensive for thTown to make the extension from Eliot Road. ® ' anal asked IX -.Mrs. Ljron massa Mr. DeFoe presented a plan of the Lexington Nurseries, showing a house that Mr. May, owner of Mr. May the nurseries, has sold and for which he has re - requests quested a water service. He also grants the, town water service to repair the present line which is leaking. Mr. DeFoe said that, in his opinion, this is a private line, the house is not on a street, and he reels the Town has no responsibility. The subject was held over for one week., At 7:45 P. M. a Mr. Emond met with the Board and explained that he is a business associate of Innis Mr. Robert Innis, who has applied for the extension request of approximately 800 feet of water main on Ellison for Road. The Board had previously advised the petitioner water that the request would be placed on file but -that no commitment would be made that the work could be done in 1950. Mr. Harold Stevens, Town Counsel, met with the Board at 7:50 P. M. ' **understood the situation. Mr. Defoe said that he had discussed the matter personally with Mrs. Lyon and that he would also take the form to her for signatures. 27 Barr. Emond stated that Mr. Innis has been ill ' for a long time and must dispose of his property. He asked if,,by meeting an5l additional financia requirements, the water could be extended. The Chairman stated that he does not know how the Supt. of Public Works and the Town Engineer feels about this request, but offhand the situation is one- which the Selectmen felt was something that they did not feel should be given preference over other requests. He explained that this particular area also,involves a serious drainage problem. Mr. Emond said that he understands that developers are now required to install water at their own expense and asked if Mr. Innis could proceed with the installation on that basis. The Chairman asked if Mr. Innis would be willing to pay for the installation and Mr. Emond replied in the affirmative, He further stated that Mr. Innis has plans for drainage. He agreed to have Mr. Innis submit a letter to the Board stating that he would be willing .to install the water at his own expense. Mr. Innis retired at 8:50 P. M. Mr. DeFoe informed the Board that the time on Raimots contract "B" has expired and Mr. Raimo requested Raimo an extension of 60 days. Mr. DeFoe discussed the subject Contract with Metcalf and Eddy and it was agreed that a schedule "B" should be obtained from Raimo before any extension of time is considered, He said that Metcalf and Eddy will write to Raimo and that he intends to call Raimo in and have a talk with him. Mr. Stevens said that he thought some action should be tak®n as quickly as possible and agreed to call the bonding company and arrange a conference to discuss this subject further. Mr. DeFoe reported on the status of Greenoughts contract "A" and said that he had an inspection made. The year expires tomorrow and on April 14th Metcalf & Contract Eddy wrote a letter to Greenough calling his attention "A" to three locations where leaks occurred and directed him to make repairs in accordance with his contract, but as yet no reply has been received. Mr. Stevens agreed to contact the attorney tomorrow. The Chairman informed the Board that Mr. Newhall, Chairman of the 19th of April Committee, had telephoned and suggested that the street lights be left on all night Tues- day, April 18th, Mr. Hoyt moved that the Supt, of Public Works be ' authorized to arrange to have the lights on all night, Streee April 18th, in conjunction with the proposed celebrations Lights Mr. Gay seconded the motion and it was so voted. 28 Mr. Stevens presented, for the Board's signature, a deed conveying lots 165, 166 and 167 on Ta.rbell Deeds Avenue to Robert H. Moore, Jr. and Elizabeth D. Moore; ' confirming and correcting a tax title release, erron- eously executed in 1919. Mr. Driscoll moved that the deed be signed and recorded. Mr. Gay seconded the motion and it wap so voted. At 8:30 P. M. the following property owners, living on Cary Avenue met with the Board: Handel Rivinius, Albert Tufts, Harmon Fawcett, Frank Mattson and John Faucette, Mr. Rivinius, spokesman for the group, said that they would like to know what can be done about Cary Avenue. The Chairman explqLined•that, as he understands the situation, if the town made entry on a private way and. Cary had any fill putt in, the town then has a Uability..'iihi.-ph Avenue exists for six years and for that reason the town has never done any work on unaccepted streets. He stated that where a street is petitioned for acceptance, as Cary Avenue could be,,by the abutters, the town would survey it and see what needed to be done in the way of drainage as well as the actual construction of the street, an estimate of the cost figured and the abutters advised as to what the cost would pe to them. He further explained that if the property owners still wanted to ' proceed, the Board would include an article in the warrant for the next Town Meeting to have the street voted for acceptance. The actual cost would be figured and the abutters would be charged whatever percentage of the total cost was felt to be a definite benefit to the abutter. The Chairman stated that the Board has been using, in general, subject to some changes, a formula under which the Board assessed as betterments to the indiv- idual abutters, the total cost of construction plus one-half of any drainage that may be installed in the street. He explained that after the payments have been assessed and all the abutters told what their bill would be, if they do not agree with the decision of the Board and feel that the assessments are excess- ive, they can meet with the.Board and ask to have the assessments reviewed. If any abutter is still not satisfied he may take the case to Court for trial by Jury. Mr. Rivinius asked if there are different hypes of streets. The Chairman replied that at present the Board would presumably install in Cary Avenue what is known as a hot -top street --two inch thi2qkftiess of bituminous , concrete. He explained that the Board does not -know how much cheaper hot -top is because only one contract has been let for this type of construction and the M ' work has not as yet been completed, but he thought it might be $1.00 or $1.25 cheaper per foot. One individual asked if the sewer would be in- stalled if and when the street were constructed. .The Chairman replied that it would be a matter of time, and explained that the town has been trying for a year to get the sewer through Scott's Wbods, but that it might be out to Marrett Road by Labor Day. Another individual asked if laying a sewer would add to the cost and the Chairman replied that it would cost consider&.ble more, but that it would be less ex- pensive to put it in when the street and drainage is done. Mr. Rivinius said that apparently the first'step was for the group to have a petition signed by as many Curtin's people as possible and request that a survey be made 2nd Class and costs figured. Agent The group retired at 8;40 P. M. License Mr, Daniel P. Curtin met with the Board relative to his application for a Second Class Agent's License to do business at 435 Marrett Road. The Chairman explained that the Board, in general, does not enthuse much over second-hand car locations, and that the Board had in the past received a complaint about this. general area because of the operation of the filling station. He explained that the Board denied the application because the members do not think it the proper placetostart a second hand car shop. Mr. Curtin said that he does not intend to have old used cars on the property, but that they will all be late models and at no time will he have more than four on display, The Chairman asked if he intended to use the site of the old gasoline station and he replied in the af- firmative. Mr. Gay asked if there would be any repair work done and Mr. Curtin replied in the negative. He ex- plained that he intends only to display and sell second hand azes, and that he is not going into the repair business. The Chairman asked if the proposed business meant much of an investment and Mr. Curtin replied in the negative. The Chairman asked if he owned the property and he replied in the affirmative. The Chairman asked if there was anyone in the im- mediate area that would object and Mr. Curtin replied in the negative. The Chairman stated that the Board would review 'subject the and Mr. Curtin retired at 8;40 P. M. 30 ilPlanning Board re Water Extensions Water Formula for close cases The following members of the Plahning Board met with the SelBctmen: Chairman Cromwell, keessrs. Adams, Johnson, Potter, Couette, Ripley and Burns. The -Chairman explained that requests received by the Board for water main extensions have raised the question as to whether some of them should be decided upon by the Selectmen and done under the Betterment Act or whether they come under the head- ing of new subdivisions and should be considered by the Planning Board. He said that the Board is interested in arriving at some formula for deciding close cases. Dor, Cromwell asked the Chairman to define close cases and he mentioned the request for 1500 feet of pipe received from Mr. Ryder for Sherburne Road, Dane Road and Kendall Road. He stated.that some pipe has been installed in Dane Road, but none in Kendall Road. The questions ie 'on Kendall Road -- is it a new development or part of an old one. Mr. Cromwell said that he did not believe the Planning Board had considered that particular phase# Mr. Stevens stated that if the individual peti- tioning for water is not asking for streets, he wild- .. not have to meet with the Planning Board and, there- fore, he must petition the Selectmen for watery Any agreement for water in such a case would be be- tween the builder and the Selectmen. The Chairman suggested the formula that in cases where the Building Inspector could issue a building permit for the land, it would be -within the Selectmen's jurisdiction to extend the water. If,an the other hand, the Building Inspector cannot isgue.a permit the case will be one for the Board of Survey to de- termine, The subject was discusesd at length and the Chairman said, and all present agreed, that if the Selectmen receive a request for water to serve lots for which the Building Inspector has no t1ght to issue a building permit without action by the Board of Survey; the Selectmen would refer it to the Board of .Survey. The group retired at 10;20 P. M. At the request of the Chairman, Mr. Gay con- ducted the meeting for the remainder of the evening. The Board gave.further consideration to Dir. Wallace E. Foskettts offer of $275 each for lots 42 and 43 Hillcrest Street, Lexington. A proposal to sell these lots was advertised in the April 13, 1950, issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement• D L F. u 31 Mr. Gay moved that the offer be accepted and that Tax lots 42 and 43 Hillcrest Street, Lexington, be sold Title and conveyed to Wallace E. Foskett. Mr. Nickerson Property seconded the motion and it was so voted. A letter was received from John E. Hossfield, 128 Reed Street, Lexington in reply to the Chair- man's.letter of April 18, 1950, with reference to his offer to purchase lots 1, 2 and 30 Block 92, Essex Street. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted not to make any change in the price of $150 for the three lots as pre- viously entertained by the Board. Letter was received from Mr. James E. Collins, Public Welfare Agent, advising the Board that there is no one of the Welfare rolls at the present time who would be fitted to be a Special Police Officer for traffic duty on Route 128 construction. Mr. Emery explained that Mr. Connolly of Bed- ford Street telephoned him and stated that he thought it was unfair to have Firemen and Policemen working as Special Officers when there might be men who need employment. He also suggested that the Board advertise in the Minute -Man for men to take these jobs. Mr. Emery told Mr. Connolly that he would take this sub- ject up at the next Board meeting. Mr. Driscoll stated that he was talking to the Chief of Police who told him that he would like an opportunity to discuss this subject with the Board. It was; therefore, agreed to make an appointment for the Chief to meet with the Board next Monday night. Letter was received from The Archtecta Collab- orative, together with contract in duplicate for the proposed toilet facilites at the Center Playground. The Clerk was instructed to forward a copy of the letter and the contracts to the Torn Counsel, Special Police Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to renew the following licenses: Countryside Associates' Lowell Street Sunday Golf' - Lexington Theatre Mass. Avenue Sunday Movies„ Daniel Curtin 442 Marrett Road Sunday Sales (renewal) Lex. Cab Co. Inc* 11 Depot Square Public Carriage " Letter was received from Mr. William H. Ballard declining the appointment as a member of the Town Manager Committeee. The meeting adjourned at 10:55.P. Me A true record, Attest: � e , ectUien. 32 - SM CTs TS MEETING April 241 1450 A regular meeting of the Board of Selectmen was held in'the Selectments.Room, Town Office Building, on Monday evehing,`April 24i 19509- at 7:00. P. M. Chairman Emery, Messrs. Gay, Driscoll and -Nickerson:.- were present. The Clerk was also present. Mr. Joseph H. DeFoe, Supt. of Public Works, Lex. Nur- met with the Board. series Mr. DeFoe reported on a tentative arrangement',- Water rrangement;Water made with Mr. May, of thb Lexington Nurseries, with ref erencd to the crater service. He was requested to obtain further information on the subject and report to the Board again next week. Mr. Harold E.'Stevens, Town Counsel, met with the Board at 7:15 P. M. Mr. DeFoe informed the Board further on the request submitted by Mr. A. Clifford Fletcher for Fletcher water service in Wachusett Drive. He presented a water sketch of the property owned by Mr. Fletcher and explained that there is considerable ledge at one end of the Drive. He suggested laying a pipe , approximately hall' way to Mr. Pletcher's llot and charging the full betterment assessment for 125 feet. He agreed to confer with the petitioner again and report to the Board neitweek. Mr, DeFoe reported on request received from Mr. Herman McKay for the extension of the sewer to serve -a house which he intends to build on Patriot's MacKay Drive, and presented a sketch of the area. He Sewer explained that there is a sewer easement ad- jacent -to this property and recommended connecting the proposed house from the corner of the lot line* Mr. DeFoe stated that the connection would involve a distance of approximately 120 feet with a betterment assessment figured at $332.11 for MacKay and $197.08 for the property across the street. The Board had no objection to Mr. DeFoe's con netting the sewer in the method he believes to be in the 'best interest of the Town. Mri Stevens retired at 7:55 P. M. to attend a public hearing in Estabrook Hall on the proposed Zoning By-law. Mr. Frank Ws3ker,, Town Accountsztt,"met with the ' Boar. Rhe Chairman explained that Messrs. DeFoe, Walker and Burns held a conference about a week ago on the general idea of reorganizing the stenographic staff upstairs. He asked either Mr. DeFoe or Mr. Walker to open the discussion. Apparently no definite conclusion had been arrived at and the Chairman suggested another conference to which both Mr. DeFoe and Mr. Walker agreed. Mr. Driscoll said that he had one question before Mr. Walker retired and asked if the clerks in the Accounting Department had received -an increase in.salary. Mr. Walker replied'in the negative. Mr. Walker retired at 8115 P. M. A letter was received from Robert L. Innis requesting approval to proceed with the extension of water main be- tween the present water service on Wilson Road and School Street, following Roosevelt Road, Ellison Road and LeRoy Road as shown on plan submitted with the letter* Mr. DeF:ce said that if Mr. Innis is willing to.pay for the installation of:the water, he did not see how he could be stopped. He advised Mr. Emond, who represents Mr. Innis, that a drain should be put in the street as it will eventually have to be installed. The Chairman was authorized to advise Mr. Innis that.the subject had been referred to the Superintendent ' of Public Works and the Town Engineer for further study. Mr..DeFoe retired at 8120 P. M. Chief of Police, John W. Ryerof t, met with the .Boards and informed the Board that he had something to say about the extra work the Police and Fireman are doing as Special Police Officers assigned to traffic duty on Route 128. He explained that Gil Wyner, the contractor, conferred with him before any work.on the construction of Route 128 was started, to arrange for officers for traffic duty. .FoLowing the conference the Chief telephoned Mr. Collins, Publie,Welf Ore Agent, to find out whether or not there were any men.on Welfare who might work in this capacity. He was advised by Mr. Collins that no one was available. He further explained that a Mr. McWilliams, the State Engineer and representative then came to see riim on the same subject and told him that all men on duty had to be in,uniform. The specifications in the bid specifically state that the officers must be in uniform while on duty, Mr. McWilliams said that he could use firemen in uniform. The Chief said that he asked Mr. McWilliams if the night men .could be in civilian clothes inasmuch as it is difficult to tell whether the men are in uniform or not, and he agreed to try it. The Chief then secured two young service men whok.. were unemployed. He said that the entire project had been troublesome and doubled the work in his Department. He said that if.he could take his men off the job he would be glad to do so. 33 Walker- DeFoo re; Person- nel Innis Water special Police 34 He explained to the Board that men could be appointed Special Police but they, would have to purchase uniforms, at a cost of between $60 and.$80 and then they might work only one day. If the state or the contractor has any objection whatsoever the men can be discharged -,at a.monentts notice. Mr. McWilliams told the Chief that any one appointed Special Police Officer could purchase a uniform but there is no guaranty as to the time of the work. The Chief stated that the men are paid by the contractor who is later reimbursed by'the State,• and both have the power to discharge the men. Chief Ryerof t retired at 8:30 P. M. Hearing was declared open upon the application of Fred Coraazini for permission to maintain one under- ground tank for the storage of 10,000 gallons of Bunker, oil #6. According to the application there is only one building to which the application applied and that is a Gasoline greenhouse. Hearing Notice of the hearing was inserted in the April 13th issue of the Lexington Minute Man. No persons appeared in favor or in opposition and the application was approved by Chief Engineer Roy.A.. Cook. - Upon motion of Mr. Nickerson, seconded by Mr.•Gay, it was voted to approve the application and grant a license to Fred Corazzini for -permission to mkintain one underground tank for the storage of 10,000 gallons of Bunker oil #6. Mr. William C. Paxton met with the Board and the Clerk retired. Mr. Paxton retired at 10:30 P. M. and the Clerk returned to the meeting. of the The Chairman asked if the Committee had specifications and asked for bids and Doctor Foley replied -in the affirmative. 1 F 1 Chairman Foley, Messrs. Person, Potter and Crerib of the Recreation Committee -met with the Board. Mr. John Co Harkness., architect, was also present. Bids for Doctor Foley reported that five bids had been re - E. Lex, oeived on the tennis courts at East Lexington. The Tennis lowest bid was submitted by Yeomano OtConnell Co. at Courts 4875 and the second lowest bid was $877.10 submitted the Security Fence Company. Doctor Foley said that -in view' fact that there is only $2.10 difference between the two low bids the Committee thinks it is advisable to accept the bid sumbitted byy the Security Fence Compare because -of the f act;that the president, Gilbert Arno1a, lives in Lexington* of the The Chairman asked if the Committee had specifications and asked for bids and Doctor Foley replied -in the affirmative. 1 F 1 ' The Chairman asked if all bidders bid on the same thing and Doctor Foley replied in the affirmative,and' explained that Mr. Garrity drew up the specifications, The Chairman asked how bids were solicited and Doctor Foley.replied that the various companies were asked to submit bids, and the list.of companies was made up by Mr. Garrity. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to accept the bid of the Security Fence Company in the amount of $877,10. }octor Foley introduced Mr. Harkness, and Doctor Foley said that in -talking with Mr, Lindstrom, the Building Inspector, relative to the proposed toilet facilites building for the Center Playground he was advised that t#* building will have to be constructed with 12" brick or whatever material is to be used and have a plastered ceiling. Be said that the Committee was undecided as to whether bids should be submitted on 8" or 12" or have an alternate. If the 8" is used it will mean that a Board of Appeals -hearing will have to be held approving the variation. Mr. Person said that the difference between the ' 8'` and the 12" might -make a difference of $600 in the cost of the building. The Chairman suggested that the Recreation Committee plan'on the 8" and apply for a Board of Appeals hearing right away.' It was agreed by all present to proceed on this basis. The group retired at 10:50 P. M. Deed was received, prepared by the Town Counsel, conveying Veterans" Lot 20, Cedar Street to David Govan. Mr. Driscoll moved that the deed be signed for recording. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the following licensest! Toilet Facilities Center Playground Vet's. Lot" William Gallo 424 Marrett Road Com. Viet, n e a " " Sunday Sales Village Variety Store 93 Mass. Avenue it IN Anthony Depeolo 1804 Mass. Avenue 6 pool tables 2b. alleys Countryside Associates Lowell Street Sunday Golf Lexington Theatre 1794 Mass. Avenue it Movies , Mr. O'Connor's application for a Sunday Sales per- .' mit at 271 Lincoln Street was held over. Letter was received from Walter W. Hill with're- ' f erence to anambulancebill in the amount of $13.00, Mr..Hill stated that he,has seven children of which Ambulance he is the sole support and said that the charge seemed to be excessive, but that he could pay $3.00. Upon motion of Mr. Nickerson, seconded by Mr. Gay it was voted to reduce the bill from $13,00 to b.00. Further consideration was given to the appoint- ment of a fifth member ba the Town Manager Committee. gown Mgr. (Mr.'Ballard having previously declined an appoint Committee ment.) Upon-motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted, to appointnMr. Thacher det to serve as a member'of the Town Manager Committee, The meeting adjourned at 11;10 F. M. Y e, elec en. MA Selectmen's Meeting - May B. 1950 Page 37 ' MMECTMENIS MEETING May 1, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, May 10 1950, at.7s00 P. M. Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present* Upon -motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to elect Mr. Gay, Chairman for the evening. Mr. games J. Carroll,Town Clerk left the jury box with the Clerk of the Board, due to the fact that he had a previous engagement and could not be present. Jurors for the drawing of one juror. Mr: Harris F.•Nea1,-462 Marrett Road, was drawn to serve, commencing June 5, 1950, Mr, Joseph H. DeFoe, Supt. of Public Works, met with the Board. He reported further on the subject of the water ser- vice for Lexington Nurseries, which was held over from the last meeting of the Board. He stated that ' he planned, subject to the approval of the Board, to write Mr. May a letter to the effect that if he would definitely repair his water line so that there is no further leak, and do it promptly by June 15th as he said he would do, then he would suggest that the Lex. Board settle f or.the last two periods and this coming Nurseries period, for the average consumption the nurseries Water has used over the previous two years per quarter, plus Bill what the excess water cost the town. Mr. Nickerson said that if Mr. May is losing mater, he thought his prime move would be to fix the pipe as quickly as he could. Mr. Defoe explained that Mr. May will have his own -menrepair the pipe but they will be busy through the 30th of May and he could not guarantee having the line repaired before the fifteenth of June. Mr. Nickerson reminded the Board that Mr. May had made the same promise last year but did not make the necessary repairs. He said that he would suggest that Mr.:May repair the leak so that there will be no more loss of water and then the Board can decide upon what abatement may bo made, Mr. Driscoll agreed with Mr. Nickerson Mr. DeFoe was instructed to inform Mr. May that the pipe should be repaired by him immediately and when the re- ' pairs have been satisfactorily made, and not until then, the Board will consider the subject of possible abatement. 48 Mr. Harold Stevens, Town Counsel, arrived at the I meeting at 9;15 P. M. Mr. DeFoe stated that he had received a request Mr. DeFoe presented a sketch of Elliooni.Road showing the property ovmod by a Mr. Innis, and stated that he has discussed this subject with the Town Counsel. MMr. Innis is ill and therefore, does not intend to do any more building but would like to dispose of his lots and wants to install water from LeRoy Road, down Ellison Road to Wilson Road. He also wants to put in drainage. Mr. DeFoe suggested the installation of the drainage because eventually it will have to go in. Mr. Innis seems 'to want to put the drainage on the lot lines, connecting with the drainage in Roosevolt Road.. Mr. DeFoe also informed the Board that the Board of Health wrote Mr. Innis that nine lots on the east side of Ellison Road probably cannot be served by septic tanks or cesspools. If Mr. Innis installs the water main, and sells the lots, the individuals erecting houses ' will then have a sanitary condition which will mean an- other pumping station. for the extension of the water and sewer mains in Gleason Road and explained the location by use of a sketch. He Gleason said that both services now come to oppositi.athe petitioner's Road lot and the question in Mr. DOFoe1s mind is whether or not Water & the Board can assess him for the services if the connections Sewer are made.from the present lines without further extensions. At some future date both the water and sewer mains may be extended beyond this property. The estimated cost of the sewer for a distance of 100 feet is $441 because no other property is involved. Under normal conditions the assessment would be $228.50, How- ever,, if the sewer is extended at some later date beyond this property the Board cannot then assess this individual because he will have the sewer service.. Mr. Nickerson said that he thought some charge should be made, Mr. DeFoe explained with reference to the water, that the property has 100 foot frontage and the water. assessment would be $150 if the main were extended, but he can give him water from the main on Doe Road. Mr, Stevens said that bA thought both services ' should be paid for in ebsh'.. Mr. Nickerson suggested that Mr, DeFoe contact the petitioner and explain -the situation to him and tell him that if he wants to pay cash it.will be all right. However, if he does not want to pay cash the installation will be made when the Department of Public Works can do it and he will have to pay his full share of the betterment assessments. Mr. DeFoe presented a sketch of Elliooni.Road showing the property ovmod by a Mr. Innis, and stated that he has discussed this subject with the Town Counsel. MMr. Innis is ill and therefore, does not intend to do any more building but would like to dispose of his lots and wants to install water from LeRoy Road, down Ellison Road to Wilson Road. He also wants to put in drainage. Mr. DeFoe suggested the installation of the drainage because eventually it will have to go in. Mr. Innis seems 'to want to put the drainage on the lot lines, connecting with the drainage in Roosevolt Road.. Mr. DeFoe also informed the Board that the Board of Health wrote Mr. Innis that nine lots on the east side of Ellison Road probably cannot be served by septic tanks or cesspools. If Mr. Innis installs the water main, and sells the lots, the individuals erecting houses ' will then have a sanitary condition which will mean an- other pumping station. ' Mr. Stevens said that the Board of Health found -that cesspools and septic tanks could not be made to work; in- stalling the water would be creating house lots that can- not be serviced by cesspools or septictanks. He further stated that the owner of the property cannot be ,prevented from selling lots. He said he thought the Board could advise Mr. Innis why it is not in favor of selling these lots. Mr. Nickerson suggested, and the Board agreed, to invite Mr. Emond, who represents Mr. Innis, to meet with the Board on May 15th at 7:15 P. M. and tell him exactly what the situation is. Mr. DeFoe left the meeting at 7:35 P. M. and Mr. John Brucchi,., 63 Paul Revere Road, met with the Board. He explained that the Board of Health has refused hlm'a`permit to keep livestock at 63 Paul Revere Road and he had pureshased the property as a farm. The Chairman said that the last time Mr. Brucchi met with the Board on this subject he had him attorney with him. -Mr. Bracehi said that this is something that his' attorney has nothing to do with. The Chairman explained that the Board of Health Is appointed by the Selectmen, under Statute, and once the appointments have been made the Selectmen have no control over regulations of that Board. He asked the Town Counsel what his suggestion would be. Mr. Stevens replied that this is a matter entirely between Mr. Brucchi and the Board of Health. He explained that the Board of Health has the right to make regulations, findings and issue permits and it is within its power to make decisions. Mr. #rucchl said that the Sanitarian told him verbally that he could keep a horse and a cow and °1r. Stevens said that he was only an employee of the Board of Health, and animals according to the Board►s rules and regulations, cannot be kept without a permit. Mr. Brucchi said that he did not think the Selectmen understood the situatl6ni. The Chairman asked each member of the Board if they understood the situation and they all agreed that it was a problem for the Board of Health. Mr. Brucohi said the owners of Lots a, D a E on Paul Revere Road have pushed boulders out into the street and asked the Board to investiggte. The Chairman explained that the Selectmen have no jurisdiction insofar as unaccepted streets are concerned. Mr. Brucohi retired at 8;00 P. M. and Mr. DeFoe re- turned to the meeting. t Mr. DeFoe reported further on Mr. Hayden's request for the extension of a water main in Weston Street, He John Brucchi 50 said that he had discussed this matter with Xro Hayden and for the time being he would be satisfied to have . ' the pipe laid under the road to make provisions for extending it. Mr. DeFoe explained that the fill over Weston Road is going to be I2+ deep. He said that -he has insisted that the State take up the town's water mains and relay them on Marrett Road and Massachusetts Avenue so that there would not be over 41 or 5+ of cover. He does not like the idea of going down-l2+"under the read. He'explained that another thought, if the pipe is put in, is to wait until the road is built Hayden Y except for the gravel fill and the'surf ace treatment. Request The pipe could then be run across the top of the -road for Water just beyond -the roadway surface and down 51'. Mr: Main DeFoe informed the Board that the new road cannot be broken for a period of five years, and Mr. Hayden WOti.ld like provisions made now to get under the road. Be '- wants a fire' hydrant for fire protection. The Chairman asked if -the State would allow the Town to install the pipe as near the surf ace as Mre DeFoe suggests and he saidlthat he did not know. The Board agreed that the pipe definitely could not be laid 12*'deep. ' No action was taken and Mr. DeFoe was instructed to Place -this for'his list next week. ' 'Report was received with reference to an accident involving the Town ambulanci. Mr. Stevens stated that he had received a copy and would look into it. Copy of a letter written to Mre Stevens by Paul J, McCormack, attorney for Gustave E. Larson, with reference to the sewer assessment on Oak Street,,was Oak Ste received. Water Mre Stevens said that when he received the letter Assessment he telephoned Mr. Peters, who formerly represented Mr. Larson, and -11r. Peters did not know that another attorney had been eggaged, Mr. Peters agreed to.call Mr. Larson, 'Mr. Stevens said that when he found out more about this he would call Mr. McCormack. The Chairman read a letter from He Victor, Peddler 131 Somerset Street, Providence, Re I. stating that he had been prohibited from selling in Lexington on April 19th even though he has a State license. Mr. Stevens said that the Town has authority, under Statute, to issue rules and regulations govern- ing peddling. He suggested that the Board simply ae knowledge receipt of the letter. Mr. DeFoe left the meeting at 8;35 P. M. ' u D Mr. Stevens said that he does not know where he is on the Special Town Meeting. The warrant should have been signed tonight if the Meeting were to be held on May 22nd. He stated that the Planning Board is meeting Town this evening but they have three sub -divisions before them Meeting so they are not going to discuss the Zoning By-law and as yet the minutes taken at the hearing have not been transcribed. He reported that he had talked with Mr. Lynch who thinks there is a very good chance that the -Planning Board will be ready for a meeting by June 1st. Mr. Stevens said that June lst is the last date for which the School Committee can wait, but Mr. Lynch said that the Special Town Meeting had been called for the Planning'Board and -the School Committee has no authority to set the date. Mr. Nickerson said he thought the Board should be factual and that he did not believe the school buildings would be ready for occupancy seven if the contracts were let for June 1st, Mr. Stevens said that he did not think anything could be done until after the Planning Board meeting tomorrow night and that both Mr. Cromwell and Mr. Lynch had agreed to call him. Application was received from the Minuteman Chapter, United World Federalists, for the use of Estabrook Hall Use of on Friday evening, May 26th from 7:30 P. Me until 11:00 Halls P. M. Mr. Hoyt explained that Mr. Roger Greeley had telphoned to inform him that this organization was non-political. Mr. Stevens said that he did not 'think this group in it was political. The Clerk informed the Board that Mrs. Hanson, who signed the application, said that admission may be charged, but it will"depend on whether or not the group has to pay the speaker. Mr. Nickerson moved that the use of the hall -be granted free of charge if no admission is charged, but subject to a $10.00 rental fee if admission is charged. Mr. Hoyt seconded the motion, and it was so voted. Xr. Stevens retired and Mr. DeFoe returned to the meeting. Mr. DeFoo reported further on A. Cl&fford Fletcher's request for water service to lots 90 and 91 on Wachusett Drive. He informed the Board that Mr. Fletcher doeslnot own these lots but is buying the*, through Mr. Lyon, from ` Neil McIntosh as sooA,Am he is told that he can have water. Chairman asked w2xsse this request is on the list and Mr. DeFae replied that it is last.- He said that a small job like this could be worked in, but he does not think it should be given priority. He stated that it Request for Mater In Wachu- sett Drive 52 could. bo done before the end of the year. -.Mr. -Depot* ' stated that if he continues to receive requests such as this he will heve to let more work out on contract. Mr. Driscoll moved that this request be placed on file for the ti.ms being. The motion, however, was not, seconded. Mr. Nickerson suggested that Mr. Defoe tell Mr. Fletcher; if he contacts him, that his request is on the list. Air. DeFoe requested permission to purchase a supply Sewer of sewer pipe for the two low bidders were as follows; pipe Lexin "gton Lumber Company l5" extra heavy $2:07 per fodt " " ." " 24" 5 " :59 " Waldo Brothers 15" " ° 1.97 " " e 24" " " 5.29 " w Mr. DeFoe explained that Waldo Brothers do not know when they can furnish the pipe, but the Lexington Lumber' Company can ship it promptly. He will need 2001 of the 15" and 235# of the 2'4". Upon motion of Mrs Hoyt, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Publ b Works to accept the 'bid of the -Lexington Lumber Company. Mr. DeFoe reported on the drainage condition at , Franklin Road and explained that before the drainage was put in, Mr. Baskints land was low and water flowed out from makeshift drains that were in Franklin Road. How the land is filled in and the drains have no place Franklin to go and the water stays there. He explained that the Road water in the catch basins is five feet below the eellarbe Drainage He said that he thought the -way to overcome the problem was to install two catch basins. Mr. Nickerson said that he could not see why the situation is so different' -now thanithas been for years. He said he understood that the water in the middle of Baskin's land was to be drained off and if the land were properly graded the way Mr. Baskin is going to do it eventually, the water wouldn't be there. Mr. Degoe said that he thought the proposition was to take the drainage from Franklin and Castle Roads and bring it through to Somerset -Road. He said that he did not know that it was just to drain all the surface water from Baskints land. He said that he did not believe the Town could drain all the surface water to Baskin's catch basins. Mr. DeFoe was instructed to place this subject on his list for neat Monday night. Mr. DeFoe told the Board that he is receiving so ' many jobs to do, so many details to draw up and so maxiy people coming into the Engineering Department for inform• ation, that the work is falling behind. He said that`hQ 53 would like to have the privilege of working his surveying crew over on Saturday of ternnons or an hour or so evenings and charg® the time to whatever the operation.,might_be. Engineering He said that he felt sure his crew would work^overtime for Dept. straight time pay. Furthermore he would like to have the privilege of hiring two men, 'if he can locate two good men and charge their salaries likewise. Mr. Nickerson asked whether or not it would be practical to hire professional engineers to take him over the.immediate situation. Mr. DeFoe said that he would prefer to hire some one other than professional engineers. Mr. Driscoll inquired as to what he wanted the men for and he replied that he wanted a man capable of running a party. The Chairman asked if Mr. DeFoe wanted two men perman- ently_• and he replied in the negative. it Hoyt asked if there was anyone in the Engineering Department at the present time who could quality as an Assistant Engineer and Mr. DeFoe replied in the negative. Mr. Hoyt agreed. Mr. Nickerson said that he would be entirely in favor of working the surveying crew overtime, but he eouldnwt- see how the other problem would work out satisfactotly-- ' to secure a good man on a temporary basis. Mr. DeFoe said that if he was able to hire a good man who knows his work, it would not slake ,any difference whether he came from a professional engineering office or not. The Chairman asked how soon Mr. DeFoe would want the new men and he replied that he would like to hire them im- mediately. The Chairman asked how long -he Mould keep them and Mr. DeFoe said that he does not know. Mr. Hoyt'said that he would be willing to grant Mr. DeFoe's request. Mr. Nickerson and Mr. Driscoll also agreed. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to authorize the Superintendent tE Public Works to work his present Engineering force overtime on straight time. It was further voted to grant the Superintendent the privilege of employing two extra men, to work temporarily in the Engineering Department; their salaries to be charged to Whatever project on which they work. Mr.'DeFoe told the Board that he is unable to obtain anyone in Town to dynamite. He has made inquiries outside Moretti's and it costs $4100'an hour for the dynamite man and $2.00 pay Rate an hour for his helper. .Hohn Moretti, who works for the Increased Town is capable and has been doing the dynamiting. If he receives 0 more per hour the problem will be solved. 54cc The Chairman inquired as to what effect such an in- ' crease might have on the other men in the Department and Mr. DeFoe replied that they cannot dynamite. Mr. Driscoll asked how much his rate would be including the increase and Mr. DeFoe replied $1.30 per hour. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, It was voted to approve Mr."DeFoe's request for permission to increase John Moretti's rate of pay from $1.25 to $10'30 per hour inasmuch as he does dynamiting for the Town. Mr. DeFoe reported that -when an inspection was made of the shovel that he intends to turn in it was found to be cracked in two places. The frame is cracked and there:._ is another crack in the shovel in the body part that holds the hook rollers; He explained that Northwestern., upon Shovel finding this condition, withdrew its bid. He said that there is another shovel whieh.he would like, sold by the Bucyrus -Erie Company. He -had their representative out and told him the facts, The representative believes that a welder he knows can repair it so that he can sell it to a customer he has waiting to purchase a used shovel. The welder has quoted a price of $200 and the Bucyrus man will pay up to $200 and deduct it from the price he quoted for a -new shovel. Mr. DeFoe said that the price for the new shovel is $161000. If the ' repairs amount to more than $200 the Town will have. to pay the difference. Mr. Hoyt asked if there would be any liability on the part of the Town if the shovel is repaired and sold by Bucyrus and Mr. DeFoe replied in the negative. Mr. DeFoe-sai&-that he has money to purchase the new shovel but he does not think he should pay for the welding from the Road Machinery Fund. Mr. Nickerson said that he thought the Town should purchase the best shovel available. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to purchase. one Buoyrus-Erie shovel at a net price of $15,800 with one qualification. In the event it does not cost $200 to repair the shovel now owned by the Town Mr. DeFoe is to add the difference between the actual cost and the $200 figure to the pur chase price. Request for Letter was received from Edward W. Gaudet requesting water in the extension of a water main in Ridge.Road, northeast from Ridge Road East Street approximately 380 feet. The Superintendent of Public Works was dnstructed' to submit a report on this request. ' Letter questing the Avenue* was received from Edward W. Gaudet re - extension of a water main. in Hayward The Superintendent of Public Works"was'in- strueted to submit a report on this request. . The Chairman road a letter from the Middlesex County Commissioners relative to Theresa Avenue. The letter stated that the Commissioners believe"this is a matter which should be taken care of py local authorities and they hesitate to make an order laying out the street as a public way and directing the Town to reconstruct same, The Clerk was instructed to acknowledge the letter and advise the Commissioners that the Board will reconsider the matter at some future time. Letter was received from Mr. Garrity, together witk prices received by him for airplane spraying. The Clerk was instructed to check with Mr. Garrity to determine the amount of the appropriation and put this on the agenda for next week. Mr. DeFoe retired at I0;20 P. M. Letter was received from the Board of Fire ' Engineers requesting permission to drill a hole through the brick wall in the rear of the Central Fire Station for the pipe for the exhaust from the auxiliary generator. The Board had no objection. Upon motion of We Driscoll, seconded by Mr. Hoyt, it was voted to grant the following uses of halls: Request for water in Hayward Ave. Theresa Avenue Use of Halls Middlesex County Farm Bureau Estabrook Hall May 2 Lex. Field & Garden Club Cary Hall May 25 Lex. Senior High School Cary Hall June 111, 14 and 16 Upon motion of Mr. Driscoll, second by Mr. Hoyt Licenses it was voted to grant the following licenses; (renewals;} Celia We Johnson, Concord Ave. & Waltham St. Sunday Sales L. J. Foes 1734 Maesf Avenue Clarence MacPhee 14 Baker Avenue Benjamin We Berman 13 Mass. Avenue Junk Dealer Clifford W. Flack 41 Outlook Drive Peddler Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to adopt an Order for the construction of a water main in Tavern Lane from Percy Road southerly ap- proximately 250 feet. The meeting adjourned at 11;05•^�� er , S oe n• Selectmen's Meeting - May 1st on Page 47 ' SELECTMEN ' S MEETING May 8, 1950 A regular.meeting of the Board of Selectmen was held in the.Selectments Room, Town Office Build- ing on Monday evening, May 60 1950, at 7:00 P, M, Chairman Emery, Messrs. Gay, Driscoll and"Nickerson were present. The Clerk was also present. Mr. James J, Carroll, Town Clerk, met with the Board for the drawing of two jurors. Norcross Teele, Real Estate, 44 Bloomfield Street and Howard Allison, Draftsman,, 15 Utica Street, were drawn to serve on Criminal business, lst session. Mr. Carroll retired at 702 P. M. Hearing was declared open upon the petition of the New England Telephone and Telegraph Company and the Boston Edison Company for a joint pole location 890 feet south of Winter Street. The plan was approved by the Town Engineer and all abutters notified. No persons appeared in favor or -in opposition. Nr. Nickerson moved that the petition be approved . ' and the order signed. Mr. Gay seconded the motion and it was so voted. The hearing was declared closed at 7:08 P. M. Mr. DeFoe, Supt, of Public Works, met with the Board, and reported further on the proposed boiler for Cary Memorial Building. The Chairman asked if the members of the Board thought there would be any merit in asking a civic minded heating engineer to discuss this subject with Mr. DeFoe. Mr. Nickerson recommended a Mr. Brooks and Mr. Driscoll said that he knew this individual and agreed with the suggestion. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to authorise Mr. Nixokerson to contact Mr. Brooks, to serve with Mr. DeFoe as an informal committee and submit recommendations to the Board not later than the first of July. Mr. DeFoe reminded the Board that it would be necessary to request additional funds at the Special Town Meeting if the.Board decides to make any change in the heating system. Nr. -Stevens, Town Counsel, and Mr. Burns, Town ' Engineer, arrived at the meeting. 371 Juror s Pole Location Boiler For Cary Building 38 Mr. DeFoe, as requested.at the last meeting, brought up the subject of the Franklin Road drainage ' and explained that Messrs. Kingsley, Reed and Letoile claim that water is backing into their cellars. Mr. DeFoe stated, however,:that the water in the manhole V is five feet below the cellar floor of Mr. Kingsley's house. Mr. Burns said that the water in Kingsley's cellar comes from the rear and not from the front and that when Mr. Baskin filled in the front of his land on Franklin Road the catch basins were covered over. The Chairman explained the situation to We Franklin Stevens and said that the condition of water in the Road Kingley cellar is nothing new but the building of the Drainage drains has resulted, at lease to come degree, in some of the water going through. Mr. Kingsley says that now there is water in his cellar for the first time since he purchased the house, but,from time to time over a -period of years there has been water in that cellar. Mr. Burns said that there is no doubt but that there is a problem in Franklin Road and it is caused by Somerset Road, and they are both public ways. He said that if the Town drains those streets, the functions of the town is to drain the streets and that is all, but that Mr. Kingsley does have a valid argument that the ` streets are not draining now. He said that the Town is , not taking care of the water in Franklin Road or in Somerset Road. The Chairman asked if Franklin Road was included in this year's drainage budget and Mr. Burns replied in the affirmative but informed the Board that it had not been approved. Mr. Aickerson,asked if there is any possibility of connecting across to the manhole on Baskin's property. Mr. DeFoe said that the Town has the drainage to take care of on these streets anyway and it would be only correcting one spot. Mr. Burns said that there are other problems in Somerset. Road and when it starts to get wet or when it starts to fill up, it spills across Somerset Road in front of Coleman's house. The Chairman said that he had never seen water stand across Somerset Road at any point, but if this was important enough to stand on its own merits all right. He said he thought -last year the plan was to fill in the low spot on Franklin load. Mr. Burns explained that it was with the provision that the Town would do something with the drainage. He said that he does not feel like recommending half deals any more and it will only be postponing the matter for a year or so. He said that there is a definite problem of water coming down off Somerset Road. ' Mr. Gay asked if a drain would help Mr. Kingsley and Ur. DeFoe"said that he did not think it would belp', him very much. He had water there before when the water was draining in Baskin's land. Mr. Burns said that the water in the basin is up to the top of the street'.. He said that there are two public ways involved here and they both dump water and the Town is liable insofar as the street is concerned. He stated that if the water collects in the street and the Town does nothing about it, he thought it is very definitely the Town's liability. Mr. Nickerson suggested that Mr. Kingsley be.advised that it is doubtful if a drain in the street would help the condition and that by forcing the issue he may force the Town to spend between $4,000 or $5,000 and then ask if he wants to proceed. Mr. Stevens said that the Superintendent or Streets as a Public Officer is supposed to look out for drainage and the Town is supposed to -drain the streets that are accepted. He said, however, that it does not mean the Town has to drain back land. The Stevens said that he thought the Superintendent of streets could be made to put in drains. The members.or the Board agreed that Mr. Kingsley should be invited to the Selectmen's Meeting next week ' to discuss this subject. The Chairman read a letter from Edward J. Belliveau, 17 Chase Avenue, stating that he had applied for a building permit to erect a house on land situated on Oak Street which he purchased from Gustave Larsen, Thb Building In- speetor denied the permit and referred Mr. Belliveau to Mr. DeF'oe inr-regard to a water conngction. Air, west, former owner of the property involved, is willing to have Mr. Belliveau go in!on the present water line until such time as a new line is put in. Mr. Stevens said that he did not think the Town should be in the position where it authorizes any con- nections into this line. He agreed to dictate a letter to the Clerk advising Mr. Belliveau that the Selectmen will not authorize furnishing water to him through Mro West's line. Messrs. Bi;rns and DeFoe retired at 7:45 P.' M. Letter was received from Mrs. Morey, Chairman of the Sohool,.:'Committee, requesting a Special Town Meeting not later than June Ist. Upon motion of Mr. Driscoll, seconded by Mr. ' Nickerson, it was voted to call a Special"Town Meeting for Tuesday, June. 1 1950, even though it is not known at this 'time whether or not the new proposed Zoning By-laws will be ready. Mr. Stevens retired at 8:15 P. M. 39 Belliveau Request for bldg. permit & water Special ToMn Meeting Sign Accountant needs add'' money for interest Mr. attorney for Town and Country Homes And gr. Elliott,'arvey Nugent, met with the Board although he had not previously made an appoint- ment. ppointment. He explained that a sign has been erected in connection with the development on 70'ood Street that is apparently in violation of the Zoning By- laws and asked the Selectmen to grant permission to maintain the sign until the matter has been de- cided upon by the Board of Appeals. He also requested that some action be taken with reference to the sign, now located at the corner of School Street and Massachusetts Avenue, which blocks off the entrance to Wood Street. The Chairman suggested that Mr. Elliott discuss this with the Town Counsel who is now in the building at a meeting on the second floor. Mr. Elliott retired at 8:25 P. M. Messrs. DeFoe, Burns and Walker met with the Board. Mr. Walker informed the Board that he will need about 6200 in interest and it can be taken dare of -by an article at the Special Town Meeting Or he could, if it satisfactory to the Board of Assessors, re- quest that the money be raised. Apparently the Assessors have indicated that they Would be willing to raise the money as the tax rate has not been set. With.ref erenoe to the proposed change in per- sonnel. of the Public Works Office, Mr. Walker in- formed the Board that hos! Messrs. DeFoe and Burns are in agreement that it would.be nice if Mr. DeFoe hada larger office. However, aside from this item they were not in agreement. The Chairman asked Mr. DeFoe if he was in dis- agreement about bringing the Building Inspector out into the corridor and Mr. DeFoe replied that he thought it would be very congested, that the counter would be limited in space. He explained•that there are always several persons in the Building Inspector's Office and the Public Works Department also has people coming in. Therefore, it seemed to him that the space in which the girls would operate would be very limited.. He said that he like the location of his office and if he were in the Building Inspector's present office he would be isolated from his girls and files.- He also said that if someone wished to see him alone, Mr. -Burns would have to leave the office and vice -versa. The Chairman asked if there were any Town problems when people would prefer to be alone with either Mr. DeFoe or Mr. Burns. Mr. DeFoe replied that in making purchases, sales- men like to be alone and do not care to have anyone else listening. 1 41 The Chairman asked if Mr. DeFoe would call tht..t a valid complaint. Mr. Burns said that in his own particular case, he has people who are very secretive about their business. He said that even though he-would`later discuss the problem•or subject with Mr. DeFoe, that never occurs to people. He said that is one reaon why he brought up the subject of a petition in the Engineering Department. He said that personally it does .not mean anything to him. The Chairman said that, in other words, they would both like to have a private office and they both agreed. The Chairman asked if Mr. DeFoe felt then that there is no merit in the other pointe of the report submitted by Mr. Walker and Mr. DePoe replied that he would prefer to discuss them point by point. He said that they had settled the s ubjectinvolving Miss Parello and -Mr. Burns said that he and Mr. DeFoe had settled on that before anyone else had. Mr.. Woe said that he just could not see -taking the.water bills out of_his jurisdiction. He said that iieee not kh w of• Shy cffiee' where a maxi in his position does not haV a charge of the Water Department. The Chairman asked what the disadvantage would be and Mr. DeFoe replied that it certainly would look as if he could not handle it. The Chairman asked.if Mr. DeFoe felt that it is essential to his prestige to have charge of all the Clerks below him. Mr. .DeFoe r eplied that he thought. they should be under him and •that he should have direct charge of them. He further stated that he -thought he should have a com- petent girl in his office, hired by him, who would-be his secretary and allocate work to the -other girls: He said that he has had this in mind for some time, but has not been able to find the right girl. He stated that he had also talked with Mrs. Flaherty, in the Selectmen's Office, about the possibility of taking charge of his Office. However, she wanted considerable more money than any of his girls• are receiving, and he does not want to employ a girl and pay her a much larger salary than the other girls in the office receive. The Chairman asked if it is agreed that Mr. DeFoe has been looking for several years for a person to act as an assistant to him and to have charge over the girls in his office. Mr. DeFoe replied in the affirmative. The Chairman asked Why, basically in principal, Mr. Dupe was opposed to working out some such solution as has been suggested. ` Mr. DeFoe replied that for one thing it is not commonly done, and that Town Accountants do not• have charge of the water Departments. 42 The Chairman asked it it were impractical or unworkable. Mr. Burns said that this is done in Norwood, but in that town they operate under a Town Manager, and the Town Accountant comes under the Town Manager.. He stated that in this instance, Mr. Walker is ap- pointed by the Board of Selectmen and so is Mr. De - Foe. They are both Department Heads. If Mr. Walker comes into Mr."DeFoets office and Mr. DeFoe wants something done, if he likes it or does not like it, DeFoe would have no control over him whatever because he is an appointee of the Board of Selectmen. Mr. DeFoe explained that was what he meant when -he said he should hire the individual for -this position. The'Chairman said that Mr. DeFoe's quarrel then is not transferring the water billing to the Town Ao- countant but.the fact that he thought the influence of the Town Accountant would be felt. Mr. DeFoe said that he objected to the Town'.Ac- countant taking over the.Publio Works Department. .. The:Chairman said that on that basis, -then all other suggestions would fall by the wayside, and Mr. DeFoe replied -in -the affirmative. The Chairman asked if Mr. DeFoe had any suggestions for more efficient operation. Mr. DeFoe said that if the girl in the billing de- partment is doing something wrong he would be moat re- ceptive -to Mr. eceptive-to.Mr. Walker's opinion. W4 Gay said that the purpose of this report was not to relieve any authority from one to another, but for more efficiently utilizing the girist time. Mr. Defoe said that he does that now. Mr. Gay asked if the billing girl spent her entire time on billing. Mr. DeFoe-replied in the affirmative and said that one of the other girls devotes about ten hours to assist- ing with the water bilis. He said that in the towns, from which he has re- ceived reports, they all have more help in the Water Department than he has. Be said that for 4,000 water' services he thought his force was small. The Chairman asked who would replace Miss Parello and"Mr. Defoe replied that Mrs. Stone would take over this work and he has already discussed it with her con- fidentially. The Chairman said that, as he understood it, the Public Works Department needed a Chief Clerk for more efficiency and. better utilization of the girls. Mr. DeFoe agreed. The Chairman said that, rather than have the in- trusion of another Department, for the sake of helping the Town, Mr. DeFoe felt that it would be better to let the situation go along as it has. 1 43 Mr. DeFoe said that is the way he prefers it. He said that he would not say that his Department is overmanned for the volume of work, but that possibly he could get along with one less girl. Until recently it was thought that it was necessary to take and record the minutes of the Board of Appeals meeting% . Walker asked how much a Chief Clerk would-be worth and Mr.DeFoe replied that he thought between $40 and $50 a seek. Mr. Gay said that this was just a case of trying to get more efficient work from the present personnel and Mr. DeFoe said that he knew that. Mr. Nickerson -said that it seemed they would be gaining; in effect, what has just been discussed -for nothing. The obstacle seems to be that if Mr. Walker wanted to achieve it, Mr. DeFoe would feel another De- par'tment'Head were invading his Department. Mr. Burns said that it would never work out and that this was nothing but a wedge. The Chairman explained that this report was solicited by the Board of Selectmen and the Selectmen had asked Mr. Walker to give them any suggestions he had.. Mr. Burns said that regardless of who took the initiative, the fact is that it is bringing one Depart- ment into'another. He said that he did not care whether if kas Mr. Walker or who it was, he could not see it working. Mr. Gay asked if Mr. DeFoe felt that he needed a girl to supervise his Department. Mr. DeFoe replied in the affirmative and said that she Would be taking the place of one of the girls he now has. Mr. Walker asked if he would be satisfied and*. Woe said that he would if he had a competent girl. Kt the Chairman's request, Messrs. Walker and Burns and the Clerk retired at 9:05 P. M. The Clerk and Mr. Burns returned to the meeting at 11:40 P. M. Mr. DeFoe brought up requests for water extensions on Hayward Avenue, Ridge Road and Bennington Road. Mr. Water 3riseoll suggested that they be laid on the table for Extensions the time being. Mr. DeFoe requested permission to continue con- .atruction of water mains in the Woodhaven Development. Woodhaven The Board agreed to leave this to Mr..DeFoe's discretion. Water Mr. DeFoe presented each member of the Board with Development quotations he had received on water meters. He explained that the Town now uses meters purchased from the Neptune Meter Co. and he would like to continue. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll it was voted to authorize the Superintendent of Public Water. Works to purbhase the following meters from the Neptune Meters Meter Co.- Planning Board re. Board of Survey Regulations Neptune Meter Co. 200 5/8" 03544.00 10 3/4" - $265.90 25 5/8" - 343.75 10 1" 389.00 Mr. DeFae retired at 10:35 P. M. and the following members of the Planning Board met with the Selectmen: Chairman Cromwell, Messrs. Adams, Couette, Johnson, Potter and Ripley. Mr. Cromwell_ gave each member of the Board a copy of the recommendations of the Planning Board with refer- ence to the installation of water mains in new Board of Survey developments. He explained that this outline seems to the Planning Board to do what the Town shoul& have done and what the Planning Board thinks should be "done on a reasonable basis. He' explained that the Towin Engineer recommends, and it appears desirable to the,' Planning Board, that the work be supervised by the Town. Mr. Burns explained that up to the present time, , subdivision streets, while they were under the super- vision of the Town were in essence gravel streets Now the Town is requiring a street such as the Town builds itself and requiring €urther the installation of 'a water main. While the Town can require the developer to furnish an Inspector at his own expense, Mr. Burns felt that it is not too practical. The Chairman asked if the Planning Board wag in favor of the items as listed and Mr. Cromwell replied in -the af- firmative. Be said that the members of the Planning Board are not engineers and rely very much on what Mr.' Burns ad- vises and the program as written out seems to them to be very good. The Chairman asked the members of the Board' of Select- men how they felt about the recommendations and Mr. N'ieker- son inquired about item #2 with reference to the Town fur- nishing valves, hydrants and special fittings deemed neces- sary for fire protection;.. Both the Chairman and Mr. Nickerson expressed some concern'about this item. Mr. Burns said that personally he felt fire protection was the function of the Town. ' This particular item was discussed' at length and Mr. Couette asked if the Selectmen would be willing to go along with it on more or less of a trial basis for ,a year. He said that after that period of time the Board might be in a better position to know if this formula was correct ;.'err not..: The Chairman asked if the Planning Board really felt that the Town should pay for hydrants, valves and special fittings. - Mr. Cromwell said that the Planning Board had agreed on it originally and asked if any member had changed his mind this evening. The members of"the Planning Board were all in favor of the recommendations as presented. The Planning Board retired at 11125 P. M. Upon request of the Chairman, Mr. Gay conducted the meeting for the remainder of the evening. 1 1 1 The Town Counsel had left an agreement with the Board relative to the -proposed toilet facilities for the Center Playground. ~Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sign the Agreement between the Town of Lexington and The Architects Collaborative for the erection of a toilet building at the Center Playground. Letter was received from Charles G. Davie com- plaining about the condition of the parcel of land adjacent to Tower Park. The Clerk was instructed to submit a copy of this letter to Mr. Garrity, Sup+t. of Parks and Play- grounds, and request him to have a report for the Board next week. Petition was received, signed by residents in the Fair Oaks District, requesting the Town to have the Fair Oaks property adjacent to the reservoir on Masrett Road, Playground recently purchased by the Town, made into a playground. The -members of the Board agreed to inspect the location. 45 Agreement signed for toilet facilities Complaint re land adjacent'. to Tower Park' Letter was received from Walter Whitney, 22 Gar- field Street, registering a complaint about upholstering Complaint being done at 22 Garfield Street. The Clerk was instructed to request the Building Inspector to submit a report. Letter from Mr. Garrity, Supt. of Parka and Play- grounds, relative to eirplane spraying was held over from Airplane last week. Spraying Upon motion of Mr. Nickerson,' seconded by Mr. Driscoll, it was voted to award the bid -for airplane spraying to the P. A. Bartlett lase Expert Co, at the quotation of $500. Bill was received for the shrubbery planted on Grant Street, together with a notation from Mr. Garrity Bill inquiring as to what account the bill should be charged. The Board agreed to charge this item to the High- way -Maintenance Account.: Application was received from Leonard Jellis, Jr., for Veteran Lot #12 Cedar Street. All other application have been contacted and replies received that they are no longer interested. Upon motion of Mr. Driscoll, seconded bar Mr. Nickerson, it was -voted to sell and convey veteran lot #12 to Leonard Jellis, Jr., providing he complies with the regulationslin connection with veterans lots. Vet. Lot #12 Cedar Street. 46 Public Carriage License Licenses Application was received from the Lexington Cab Co. inc., for a Public Carriage License at 1722 Massachusetts Avenue, together with a letter explaining that this corporation would like to"pur- chase the Town Taxi business which is for sale. The Board agreed to advise the Lexington Gab .Co. that when the business has been purchased a license will be issued. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the following licenses: Walter J. Rose 6 Elegy's Spa `856 Countryside Associates Lexington Theatre CCD 1 Tewksbury Street Public Carriage(renewal) Mass. Avenue Sunday Sales Lowell Street " Golf Mass. Avenue ' 0 Movies Upon -motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to grant the` following uses of halls, free of charge: Lexington Softball League Lexington School Dept. League of Women Voters Lexington Concert Band Conf. Room May 11 8-10. Es'stabrook s 12 8-10 June 7 8-10 Cary Ball June 21 7x45--10:30 The meeting adjourned at 11:55 P. M. A true record, Attests 1 58 Transite pipe SELECTMEN'S MEETING May lb, 1950 A regular meeting of the Board of Selectmen=was held in the Selectmen's Room, Town Office Building, on Monday evening, May 15, 1950, at 7:00 P. M. Chairman Finery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present.' The Clerk was also present. Mr. DeFoe met with the Board, and stated that he has had another request form the gentleman, who lives in Lexington, who sells transite pipe. This individual would like an opportunity to discuss the subject with the Board or have Mr. DeFoe discuss it. Mr. DeFoe explained that transite pipe was first used in Europe about tbit'Vr years ago and first used in this country about twenty years ago. Some towns have used it for ten or fifteen years. Winthrop has used it and Win- chester is using it. 'Be stated that to him this is anew product and he did not see how he could recommend it against cast iron pipe. Mr. DeFoe explained that in layi*ng this transite pipe one must be very careful and it has to be backfilled with more or less select material. The Chairman asked what Metcalf & Eddy would charge for advice on this and Mr. DeFoe replied that he did not know. He said that he would ask Mr. Shaw What he thought of it. Mr. Hoyt inquired as to why transite pipe is used and Mr.' Woe explained that it is cheaper and involves less Work. Mr. Nickerson suggested that Mr. DeFoe obtain some comment from M. I. T. which he agreed to do. Mr. Gaudet's request for an extension of water main to supply his house at 4 Hayward Avenue was held over Request from the last meeting of the Board. for water Mr. DeFoe explained that Mr. Jackson, the Health Hayward Sanitarian, is of the opinion that the water in Mr. Avenue Gaudet's well is contaminated because the cover of the well is not tight and surface water runs in. Mr. Jackson believes that if the walls of the well were plastered the situation would be helpful. Mr. DeFoe said that it would require 270' of 6" pipe to serve this house from Fairview Avenue. The Chairman suggested, and the members of the Board agreed, that Mr. DeFoe discuss this matter with Mr. Gaudet and have Mr. Jackson present. Mr. George J. Bailey's request for the extension of a water main on Ridge Road was held over from the last meeting of the Board. 1 Mr. DeFoereported that he understands the petitioner owns both sides of the street and in- tends to subdivide his property. This request, involving 400 feet of pipe, is last.on the list. Mr. Gay said that he thought the petitioner should take his turn and be advised that his re- quest will be placed on the waiting list but that a form should be sent for his signature. The request for extension of water and sewer mains in Bennington Road was held over from the last meeting of the Board. Mr. Nickerson stated that the members of the Board had agreed to view the location during the week, and said that he could see no reason why this request should not be handled the same as that on Ridge Road. The Chairman asked if the members of the Board. felt that some effort should be made for a better financial arrangement. Mr. Nickerson saidthat he thought someone should -talk to the petitioner and inquire as to his three-way plans for water, sewerage and light. Mr. DeFoe stated that he had offered to pay for the entire frontage. The Chairman suggested that the members of the. Board look the area over on Tuesday night at 7:15 before the Special meeting of the Board. Mr. DeFoe again brought up the subject of water main extension in Coolidge Avenue and explained that the plans for strengthening the system call for 12" pipe in Adams Street from the junction of East and Adams up to Adams and Hancock. Mr. Harold E. Stevens, flown Counsel, met ,i th the Board at 7:15 P. M. The Chairman asked if it would be better to wait and install the water under the sidewalk because of the unusual property ownership rights on Coolidge Avenue.. Mr. Stevens said that he definitely thought it would be better not to install water now. Mr. Stevens said that he might havelmore inform- ation on this subject next week and it was agreed to defer action until the next meeting of the Board. .Mr. DeFoe reported on the land taking on Adams Street with reference to Richard E. Moakley's property. He presented a sketch of the area involved and said that the best information he could obtain from the County plans is that the County Engineers figured from the edge of the road for the taking into the established line of the roadway. 59 Request for Water - Ridge Road Request for water -sewer Bennington Road Coolidge Avenue water Moakley Taking re- location of odams Street 60 A taking of 6,500 square feet was made. Mr. Moakley owns 2 6/7 acres of land. The Chairman asked if a saleable lot were taken. from Mr. Moakley and Mr. DeFoe replied in the negative. Moakley The Chairman asked if there is plenty area in back taking and Mr. DeFoe replied in the affirmative. He aaid that relocation the Countytook only 1/7 -of an acre. of Adams Mr. ickerson asked if Mr. Moakley was aware of the. Street insignificant value of the land that was taken. The Chairman said that his impression, when he talked to Mr. Moakley, was that he felt it was worth more. Mr. Hoyt asked if Mr. Moakley received any benefit from the improvement and the Chairman said that he sup,. posed not. Mr. Nickerson asked if the Board should allow Mr. Moakley to open this case because he was unaware'of the fact that he should have asked for reimbursement. He said that he would be willing to reopen the issue but he could not see that Mr. Moakley was losing valuable land. The Chairman said that the Town Counsel, if asked by the Board, would rule that the Board cannot pay any gratuity unless the Town voted it. Air. Stevens said'that the time in which Mr. Moakley had to file a claim had elapsed and if a precedent is established there is no telling how many other late ,claims may be filed. Mr. Driscoll said that he did not think a decision should be made right away and that the Board should give' the matter some study. Mr. Hoyt asked how Mr. Moakley would know his rights and Mr. DeFoe explained that a notice was mailed to him by the County Commissioners. The Chairman stated that Mr. Moakley does not contest the fact that he received a notice, but he misinterpreted the word "entry". Mr. Nickerson asked if Mr. Moakley were misinformed and the Chairman replied in the negative. He said that Mr. Moakley did not understand the situation. 'he Chairman asked Mr. DeFoe to secure a copy of the notice sent out by the County Commissioners and to bring this item up again. next Monday evening. Mr. DeFoe informed the Board that some damage had been done to Colony Road and read a report which he obtained from the Police Department. He said that the road is fractured and openings where water can get in. He paid that liquid asphalt could be poured on, but he personally felt the the street should be sealed over and it involves -an expenditure of between $150 and $175. Mr. DeFoe was requested to obtain further information, as to the owner of the equipment that damaged the street and also the operator and report again next week. 1 Damage to Colony Road 1 61 Letter was received from Raimo Contracting Co. with reference to the Lexington Sewer Project Con- Raimo tract B. Mr. Raimo stated that a dispute had arisen Complaint between him and the engineer in charge of the pro- re Engineer. jeet. He stated in the letter that if it is the Board's intent that the engineer act in a dual cap- acity both as arbiter and as the owner's representa- tive, any work done wherein•a dispute arises, a. claim shall be filed by the contractor for additional compensation. Mr. DeFoe explained that Metcalf & Eddy, in their design, have seen fit to have gravel enveloped in certain spots, providing the trench is a certain width. If the trench is wider, they insist on a concreteen- velope. He stated that it is all in accordance with the specifications. Mr. Stevens said that he would take the letter and the contract and look them over. It was agreed by the members of the Board to authorize Town Counsel to handle this matter. Petition was received relative to the construction of Cary Avenue. • Mr. DeFoe said that the Engineering Department could prepare an estimate of the cost which for all Cary practical purposes will be sufficient. • Avenue The Chairman said that he would acknowledge the petition and state that a survey will be made in the near future and at that time the petitioners will be invited to meet with the Board. The petition was given to Mr. DeFoe. Mr. Lee F. Emond, representing Robert L. Innis, met with the Board, at .the Board's invitation, re- lative to Mr. Innis' request for the extension of Mr. Innis water main between the present main on Wilson Road Requewt for and School Street, following Roosevelt Road, Ellison Water Road and Leroy Road. The Chairman said that, as he recalled it, Mr. Innis offered to pay for the cost of installing the water pipe, but the Health Sanitarian raised some question as to the proper drainage for sewerage dis- posal.. Mr. DeFoe said that the Sanitarian has inspected the property and advised that.the lots on the easterly side of Ellison Road could not be satisfactorily taken care of by septic tanks or cesspools. He stated that Mr. Innis would like to put the drainage in on the lot line and pay for it, but Mr. DeFoe felt that it should be put in the street because drainage will eventually have to be put in the street some day if the street is built. 62 The Chairman asked if the drainage installation suggested by Mr. DeFoe would eliminate the danger of sewage getting into the drainage system.' See 62 A.. -He explained this organization is a national organization of service man who are known as the Minute -Men of America and will hold a convention in Cambridge. They would like to make a pilgrimage to Lexington, hold ceremonies and lay a wreath on the Common, Tuesday, July 25th. He asked if it would be possible to name a day as "Home Coming Day" and have a member of the Board to receive the group. The Chairman said that he thought this could be arranged and asked if it were essential for the Board to name A day or would a notice in the paper be suf- ficient. ufficient. Mr. Manning'said that the naming of a day was merely a thought, but they would like to have some- onepresent to welcome them. They will.leave Cam- bridge at 2:00 P. M. The Chairman .saidthat the Board will discuss the matter and advise Mr. Manning. Mr. Manning retired at 8:30 P. M. Hearing was declared open upon the application Hearing of Mr. Peter Salvucci to store 3,000 lbs. of dynamite (in connection with construction ol_route128) in the vicinity of Burlington Street at the Lexington - Burlington line. Notice of the hearing was inserted in the May 4th issue of the Lexington Minute -Man and there -were thirteen persons present, allin opposition. Mr. Stevens,.Town Counsel, returned to the meeting. Notice of the hearing was read -by the Chairman and he informed the group that the application had been approved by the Chief Engineer of the Lexington Fire Department. The following indivuduals wished to be recorded in opposition: Harold Grossman, 138 Burlington Street; R. H. Moulton, 146 Burlington Street; Richard A. Crain 166 Burlington Street; B. Harrison,•29 North Street; Arthur Williams, 60 North Street; David P. Wilson, 147 Burlington Street; William J. Blanchard, 149 Burlington Street, James E. Evans, 196 Burlington Street; Fred J. Hopwood, 172 Burlington Street; Charles D. Hufton, 162 Burlington Street; Mrs. David P. Wilson, 147 Burlington Street. Mr. Grossman acted as spokesman for the group and read an excerpt from an Army Handbook on explosives. Mr. Evans said that his house is within 200 yardais.-. of the location and his concern is that the right of way, which Mr. Salvucci is using, is being used by anyone 1 ** See next page (62 A) 62 A Mr. Defoe said that it would seem if Mr. Innis is going to spend money for the drainage the logical place is to put:,it in the street and that eventually the drainage will have to be put in the street any- way. the Chairman asked if this suggestion of Mr. Def oe's represented the recommendation of the Town Engineer. Mr. Defoe replied that both he and the Tom En- gineer recommend putting the drainage in the street. The Chairman asked if Mr. Defoe had any serious fee2s of illegal conn lot oe ols and Mr. De - Foe said that he unde tanks is one in Town. Mr. DeFoe raised the question as t wh would happen if a house were built and the cesspool or septic tank did not work satisfactorily. Mr.. Defoe asked how Mr. Emond proposed to take care of the situation. Mr. u.Ernond said that his request would be to use the land on the westerly side of Ellison Road and not the land on the easterly side. Mr. DeFoe asked whet would happen to the lots that are not used and Mr. E.nond. replied that at a later date he will take cre of the drainage to the Town's satisfaction. Mr. _mond:, said that he was going to sell the land on the westerly side for building, and the pur- chesers would build the houses. Mr. DeFoe said that it would seem to him that it would be expensive to pay for water on both sides of the street if the lots on one side could not be used. Mr. Stevens said that it would have to be legal- ly feasible to restrict the lots on the easterly Side and mentioned that the lots would be owned by indi- viduals and also facing on a street. He said that he would be glad to give this problem some thought and further stated that the difficulty is that all the lots are shown on one plan. He said that hedid not think Mr. Innis would be constructing a road if he dd not intend to build on the easterly side and Mr. Emond said that was true. The Chairman suggested that Mr. DeFoe, Mr. Burns and Mr. Jackson discuss this problem further in an ef- fort to work out some practical solution. Mr. Enond retired at 8:25 P.M. Mr. Stevens reported on the Leary case on Waltham Street and the members of the Board agreed to leave the matter entirely to the discretion of the Town Counsel. Mr. Stevens retired at 8:45 P.M. and Mr. Joseph B. Manning, Convention Chairman of the Legion of Guards- men, met with the Board. vo D -71 choosing to go down the street. He thought this was an unsafe condition and that if the dynamite is to be left there, the right of way should be protected. The Chairman asked the group to leave the room and give the Board an opportunity to discuss the application« Mr. Stevens said-that the Board could deny the Permit which has been requested. Upon motion of Mr. Driscoll,' seconded by Mr. Ray, it was voted to deny the application of Peter Salvucci for permission to store 3,000 lbs of dynamite on land owned by the Commonwealth of Massachusetts, Route 128, in the vicinity of Burlington Street at the Burlington-Lexington line. At 9:20 P. M. Mr. Edward J. Conley of Shoppers Haven met with the Board. The Chairman explained that Mr. Kraff met with the Board some time ago and at that time was told that the Board had not had an opportunity to study the Sunday Sales License situation, but had been disturbed by reports of sales on Sundays. Mr. Kraff at that time said he had made only one illegal sale on Sunday and that was an emergency. The Chairman said that the Board was not particularly satisfied with the status of events and from all the rumors, the Board was inclined to feel that there was more being sold than Mr. Kraff knew about, remembered or realized. He said that the Sunday Sales license has now expired and the Board wanted to tell him very frankly that it is not pleased with the reports and ask if Mr. Conley hard any plans or cared to make any statement about sales that he would or would not make on Sundays. Mr. Conley said that the original license in question was not the Sunday Sales but the Common Victualler License and he did not think he was entirely alone on Sunday'business. He said that he thought, although he seemed to have been singled out, that the condition does not exist with him alone. The Chairman asked what Mr. Conley proposed to do if the Board issued a Sunday Sales license. Mr. Conley replied that if he was to follow the law he thought it was only fair that everyone else do the same thing. He said that if the Select - men feel that the law should be enforced and was going to be, he would have no alternative but to follow along. The Chairman asked if Mr. Conley proposed to live up to the law if the Board issued a license and he replied he did not intend to flagrantly dis- regard everything, but he does feel it should be a general policy. He said that it was something which he believed had never been enforced in Town, and 63 Shopperst Haven 64 that he was not the only one selling items that are not supposed to be sold on Sundays. Mr. Stevens explained that the Selectmen have no right to change the law, and asked who operates the store in question. Mr. Conley said that the prpperty is in Mr. Kraff's name and the store.is in his name and the licenses are all in his name. Mr. Stevens said that Mr. Conley advertises that the store is open every evening and Mr. Conley agreed. Mr. Stevens said that he also advertised that he is open Sundays and Mr. Conley agreed. Mr. Stevens said that there are two stores and two doors; one at the further end where Mr. Con- ley is and the other door enters into the general market where Mr. Kraff is. He asked why both doors were open on Sundays. Mr. Conley said that there are items on the other side which can be sold on Sundays. **** Page 65 The Chairman said that the Board has no alter native. He explained that the Board does not go out looking for this type of thing, but as the Town Counsel has said, there has been advertising in both windows and in the newspaper that the store is open for business on Sundays. This so completely disregards the law that it brings complaints to the Board. Ile said that since Mr.:Conley's store is the one which has taken a wide open attitude, he thought the Board should have his complete assurance that he will adhere to the. law. He further stated that if Mr. Conley:so desired he could give the Board such assurance either verbally or in writing and the Board would than take up the question of issuing a license. Mr. Conley said that he could.see no reason why his Common Victualler license had been held up. Mr. Stevens said that the question can be raised that a Common Victualler can be open on Sundays for the sale of some articles so he thought the two licenses do tie in together. Mr. Stevens said. that Mr. Kraff claimed he could not block one door and have one open. Mr. Stevens, however, said that he could not see why this is not possible. The Chairman asked if Mr. Conley would like to think this over and write to the Board or meet with the Board again next week. Mr. Conley replied that it would not make too much difference. The Chairman suggested that he write the Board whenever he makes up his mind and said that the Select- men do not intend to issue a Sunday Sales license without some assurance from Mr. Conley that he would comply with the law. . 1 1 *** The Chairman said that he thought the Board was not disposed to issue any license at all for Sundays unless some assurance is received from Mr. Conley that he will live up to the law. Mr. Conley said that if it is to be followed by the strict letter of the law, he will have to do it. Mr. Conley asked if others were comply. The Chairman said that he had a the Selectmen are going to be strict be strict with other people. Mr. Conley agreed to leave the matter as suggested by the Chairman and said that-he'would let the Board know how he feels it can be done. He said that, among other things, some physical changes would have to be made to close one side on Sundays. Mr. Conley retired at 9:35 P. M. going to be made to right to feel that if with him they should Mr. Charles Kingsley, Jr. met with the Board relative to the drainage problem in the Franklin Road area. The Chairman explained that the Board had invited Mr. Kingsley to discuss this subject and to ask frankly if he really wanted to press the issue to the conclusion which would involve an expenditure of between $3,000 and $4,000 to install drains at the end of Somerset Road and Franklin Road. He explained that even when it is not certain that anything very constructive would be accom- plished. Mr. Kingsley said that he could not think of any alternative. He said that this has been a very wet spring and he has had seven inches of water in his cellar. The Chairman asked if this is the first year that there has been water in the cellar and Mr. Kingsley replied that he has had dampness and an inch or so of water but nothing like this. The Chairman asked Mr. DeFoe if he had discussed this with Mr. Baskin and he replied in the negative. The Chairman asked if he thought Mr. Baskin's new drain was clogged and Mr. DeFoe replied in the negative. He said that the two drains originally drained over to the Baskin property and that the catch basin grade is five inches lower than Mr. Kingsley's cellar floor. He stated that the water in the manhole was five feet below the cellar floor, and the water now in the catch basin is down one foot. Mr. Kinglsey said that it is now eight inches below his cellar floor. The Chairman asked if Mr. Kingsley had a pump in his cellar and he explained that about twenty-five years ago Mr. Smith, the former owner, had a drain from the cellar that emptied, with the premission of the Blokes, into Blake's land. 65 Franklin Road Drainage Complaint 66 The Chairman asked if there is water in the cellar now and Mr. Kingsley replied in the negative. The Chairman said that it would be unlikely that there would be any water in the cellar any more thia season. He waid that if Mr. Kingsley agreed that the hazard is over for this Spring, Mr. DeFoe might contact Mr. Baskin and ask him what he intends to do about the situation. Mr. Kingsley said that he would like to be present when Mr. DeFoe confers with Mr. Baskin and it was so - agreed. Mr. Kingsley retired at 9:55 P. M. Mr. Robert L. Ryder met with the Board. Mr. Ryder said that he owned a parcel of land in Woburn and had it sold for a cemetery. The Selectmen wrote a letter opposing it and the Planning Board also took the same Ryder position. He said his only alternative is to develop re; the property. He said that Woburn has refused to Water furnish water for the proposed development. The pre - Request sent Mayor of Woburn is very sympathetic, but it would cost the City of Woburn a substantial sum to install pipe for about a mile and a half and put a booster pump in at the reservoir. They considered drilling wells, but. the result was unfavorable. The other alternative is to purchase water from the Town of Lexington, providing Woburn can make anis agreement with the Town with the approval of the M. D. "C. - Mr. Ryder said that, knowing the Board had done something similar with the Town of Bedford, or the Administration of the hospital, he felt that the Board would at least give this some -favorable consideration and tell him what he could do. He said that he had two differcnist groups interested in purchasing this property providing water is made available. He said that he would like to know if it is feasible and practical for the Town of Lexington to sell water to Woburn and how it would take. The Chairman said that he did not see how the Board could say any more this evening than that the Board would give the matter some thought. Mr. Ryder said that he did not expect a definite answer this evening and retired at 10:15 P. M. Report was received from Mr. Lindstrom, Building Inspector, relative to a Complaint received by the Board that an upholstery business was being conducted at 22 Garfield Street, a residential area. Mr. Lindstrom investigated and advised the up- holsterer that he was violating the Zoning By-law and must cease immediately. The property, however, bas been sold and both tenants have received eviction notices. Zoning Violation 1 1 1 1 67 Letter was received from Mr. Garrity, Supt. of Parks, advising that the parcel of land adjacent to Tower Park has never been turned over to the Park Department. This letter Tower resulted from a complaint received from Mr. Charles Davis Park as to the condition of the property which is now owned by the town. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to advise Mr. Garrity that the Park Department is to assume the responsibility of maintaining this property as Park property. Letter was received from Mr. Garrity with further reference to Mr. Justin Shea's request for permission to plant trees between the sidewalk and the highway at 517 Massachusetts Avenue. Mr. Garrity, according to his letter, is definitely opposed to the planting of trees between the sidewalk and the street. Mr. Emery said that he -had viewed the property and agreed with Mr. Garrity. It was agreed by the members of the Board that Mr. Shea should be advised that the Board is not in favor of granting his request. Application was"received from the Boston Edison Company and the. N. E. Telephone & Telegraph Company for the following joint pole location;Pole Woburn Street, approximately 575 feet east Location of Webb Street. The plan was approved by the Supt. of Public -Works. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the petition and sign the order. Letter was received from Thomas Martin, 7 Range - way Road, offering J50 for Lot 20, Block 3, Rangeway Mr. Potter's recommendation is $350., taking into consideration that the estimated assessment for the water is $264.72. The Clerk was instructed to find out who owns the property adjoining this lot and submit the in- formation to the Board next week. Certificate of Incorporation was received from the Secretary of State's Office relative to Richard B. Fawcett, 525 Marrett Road, a member of the pro- posed corporation of Waltham Junior Chamber of Com - coerce, Inc. Satisfactory character reference was received from the Chief of Police. Mr. Nickerson moved that the certificate be signed. 'Mr. Emery seconded the motion and it was so voted.• Tax Title Property Cert. of Inc, 68 Letter was received from the Lexington Drum Permit Corps requesting permission to conduct Tag Days on for Tag June 2 and 3 for the purpose of raising funds with Day which to purchase uniforms and instruments. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the request. Application was received from Mrs. Leon S. Kinsman, on behalf of the Eastern Star, for per- mission to use the Barnes property on Friday, May 19th, for a Rummage Sale. Mr. Driscoll moved that the request to granted. Mr. Hoyt seconded the motion and it was so voted. Upon Emery, it halls: Uses of Estabrook Halls Licenses motion of was. voted Hall Pre Conference Rood Mr. Driscoll, seconded by Mr. to grant the following uses of School P.T.A June 3 & 10' Movies $10.00 charge Rec. Committee' June 10 - free Upon motion of Mr. Emery, seconded by Mr. Nickerson, it was voted to grant the following licenses: Lexington Theatre 1794 Mass. Ave. Sun. Movies Countryside Asso. Lowell St. " Golf Lex. Cab Co., Inc. 1722 Mass. Ave. Pub. Carriage Appointment Upon motion of Mr. Hoyt, seconded by Mr. Nicker- to the Board son it was voted to reappoint Mr. R. L. McQuillan as 0f Health a member of the Lexington Board of Health for a three year term expiring March 31, 1951. The warrant for the Special Town Meeting called for Thursday, June first, was signed by the Board. The meeting adjourned at 10:30 P. M. CD 1 56 SELECTMEN'S MEETING Upy 17, 1950 WATER: MAINS The Selectmen authorized the Superintendent of Public Works to secure signatures for the construction of water mains in the following streets; (1) Blossomerest Road (2) Robbins. Road (3) Sherburne"Road (4) Dane Road. (5) Bennington Road (6) Ridge Road Permission was also given to let out on contract the construction of water mains in Prospect Hill Road and Marrett Road. DRAINA( The Board of Selectmen authorized the Superintendent of 'Public Works to construct the following drains in the following orders (1) Grove Street - from Burlington Street to proposed easement. Burlington Street - Grove Street to Simonds Road. (2) Prospect Hill Road and Middleby Road. (3) Baker Avenue; Ames Avenue; Tarbell Avenue; and from Tarbell Avenue to Brook. SEWER CONSTRUCTION The Board of Selectmen authorized the Superintendent of Public:- Works ublicWorks to let out on contract the following: (1) Sewer for Fern Street (2) Sewers for Pottier, Drew, Cummings and Cliffe. Avenue. Permission was also given to let out on contract two section_ of trunk sewer to be constructed under the new Route 128. It was decided not to take any action on the proposed Fair Oaks sewers until such time as the signatures have been received. 1 1 57 ITEMS TAKEN UP WITH MR. EMERY AT MEETING HELD AT 8:30 A. M., Monday& May 22, 1950 Request by National Guard to move two 20 -ton tanks, on rubber treads, through Lexington on Route 128. 2. Request to move house from vicinity of new Route 128 to Wilson Road. 3. Request to extend water main from end of present construction on Rangeway to a point 270 feet roward Grove Street. Action Taken on Above 1. Approved. 2, Writer to advise that Marrett Road is a State road and Wilson Road is an unaccepted road over which we have no jurisdiction: 3. Writer to advise that work cannot be done at this time but will be given consideration at a later date. 1 1 SELECTMEN'S MEETING May 22, 1950 A regular meeting of the Board of Selectmen was hold in the Selectmen's Room, Town Office Building on Monday evening, May 22, 1950, at 7:00 P. M. Chairman Emery,; Messrs. Gay, Driscoll, Nickerson and Hoyt were present. ;The Clerk was also present. The Chairman read a letter received from the Middlesex County Commissioners, stating that increas- ing pressure is being put upon the Commissioners to make an order on the petition of Mary D. Sorrentino for the laying out, relocation, .or alteration of Ther- esa Avenue. The letter stated that the Commissioners will be obliged to take some action at least by the first of August. The Clerk was instructed to file the Communication and call it to the Board's attention again in about a month. The'Chairmen read a letter from. Miss Helen C. Bertini,,ownerof Lot B, Munroe -Estate, opposite Buck- man Tavern, requesting the removal of'the curbstone and the elm tree in front of her property. Memorandum was received from Mr. Garrity, Supt. of Parks, informing the Board that there are eight trees in a row at this location, all close to 200 years old. He stated that they are in a fairly healthy condition and in his opinion would last quite a while longer. The expense of removing the trees would be substantial and Mr. Garrity is of the opinion that they should be posted for a hearing before removal. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to authorize the Chairman to advise Miss Bertin' that the'Board does not want to have any of these trees taken down. Mr. Francis L. Barry, 36 Paul Revere Road, a member of the Metropolitan Police Force, met with the Board. He informed the Board that there is a situation in his neigh- borhood where a cesspool was built and the cover taken off. He said that there is a hole about three feet deep and it would be possible for some of the small children in the neighborhood,to fall in and drown. He discussed this matter with Mr. Jackson, Health Sanitarian, after which the owner of the property dug a trench and now there is a puddle of sewage which is a health menace. The Chairman said'that he would consult with Mr. Jackson on the problem. 69 Theresa Avenue Request to have tree and curb removed. Health Complaint 70 Mr. Barry explained that he was meeting with the Board as a private citizen and not as a Police Officer. He retired at 7:10 P. M. Mr. DeFoe, Supt. of Public Works, met with the Board, and submitted a copy of letter sent by the County Moakley Commissioners to Richard W.. and Doris L. Moakley with Claim reference to land taken for the relocation of Adams Street. The notice was sent by registered mail and a photostatic copy of the return receipt was attached to the copy of the notice. Action was deferred until the next meeting of the Board. Mr. Harold E. Stevens, Town Counsel, met with the Board at 7:20 p. M. Raimo ex- tension of time. Mr. DeFoe read a letter from Raimo Construction Co., dated May 9, 1950, requesting an extension of time due to abnormal weather conditions beyond its control. He also read a letter from -Metcalf and Eddy enclosing a• copy of letter to Raimo. Metcalf & Eddy will not certify over ten days and any further extension will have to be determined by the Board. Mr. DeFoe presented each member of the Board with a copy of the schedule agreed upon on April 26th -and also a schedule of the progress made up to May 20th. Mr. Stevens reported that he had checked with the State Public Works Department in an effort to determine how Raimo is progressingon the State job, The individual to whom he talked said that insofar as he knew the bonding company had not taken over. Mr. Stevens said that Raimo is in financial difficulty all the time and has not had - enough men on the State job, nor has he had enough equip- ment. Mr. Stevens said that he also called Mr. Curtin of • the Continental Insurance Co. and Mr. Curtin told him that he would call the New York Office and obtain authority for the Boston Office to see that the work in Lexington is done. The New York Office gave the authority and the insurance company will step into this and see that the money is pre= vided for the payroll and also see that there are enough men on the job. Mr. Stevens said that, in view of all this, it would seem unwise for the Board to grant any extension or arrange- ments to pay twice a month. The Chairman asked if -the -initiative from here on should come from the Board, Mr. Dave or the Town Counsel. Mr. Stevens said that he would carry it along for a while and that nothing should be said or answered until the Board receives further information from him. Mr. DeFoe requested the Board to consider the con- struction of Watson Road as an extra for constructing roads in Ledgelawn area. 1 1 Mr. Stevens said that he couldlnot see any basis for it. The Chairman informed Mr. DeFoe that the construction of Watson Road would have to be advertised and considered as new work. Letter was received from Robert C. Jackson, 62 Colony Road, requesting information relative to the authority for constructing Colony Road, how the assessments were figured and whether or not the project is completed. The Chairman requested the Town Counsel to dictate a reply to the first question which would be incorporated in the Chairman's reply to the other two questions. Letter was received from Domonic Iovino, 449 Great Road, Bedford, requesting the extension of water main a distance of 270 feet to his property on Winter Street, Lexington, for the purpose of watering his garden. The Chairman explained that he had instructed Mr. DeFoe to acknowledge the letter and advise Mr. Iovino that no commitment can be made at the present time.. setter was received from -Joseph Sweeney, 277 Summer Street, Somerville, requesting -water and ' sewer services to lots 79 and 80 on Robbins Road. Mr. DeFoe reported that he has already sent out forms for the signatures on the water extension and will have further information pertaining to the sewer extension next week. The Chairman instructed Mr. DeFoe to acknowledge the letter. Mr. DeFoe discussed a proposed change in grade for the Waltham Street sewer. He explained that by changing the grade and raising it about three feet from the present construction on Marrett Road to Kendall Road, a distance of about 1,100 feet, a saving of between $3,000 and $4,000 will be realized. He said that there is only one lot which might be af— fected; the basement could not be served. Mr. Burns had a man check the septic tank and it appears to be functioning properly. The Chairman said that the Board might be faced with the possibility of abating this person's sewer betterment assessment and Mf. DeFoe said that by changing grade it would save digging about three feet of sewer, and sheathing will not be required. This would mean a saving of at least $3.00 per foot for A.,100 feet. 71 Watson Road Inf. req. on Colony Road Req. for ext. water in Winter Street Req. for water and sewer in Robbins Road Change in grade in Waltham St. sewer 72 The Chairman asked if there are any other lots. that might be built upon and houses built so low that they could not be served. Mr. Burne arrived at the meeting and said that there are only three lots and he knows one is high. The Chairman asked, as far as Mr. Burns is concerned, if there was only ane house affected and no other petential ones. • Mr. Burns replied in the affirmative and said that. there there is only one lot which will have any justi- fication at all. • Mr. Nickerson asked what Metcalf & Eddy would say. Mr. Burns replied that -they state in the report that conditions might take a change advisable. The Chairman asked when work would be started and Mr. Burns replied that they would begin in the morning. Mr. Nickerson said that the survey had cost a sub- stantial sum and a major change is contemplated. He, therefore, thought it would be wise to make sure that Metcalf and Eddy was informed. Mr. Burns cited: egverab eh:aea that have been recommended by him and Mr. DeFoe, all of which were approved by Mr. Shaw, one of the firm of Metcalf & Eddy. Mr. DeFoe at the Board's request, telephoned Mr.. Shaw and explained the situation to him. He reported that Mr. Shaw said that in this instance it would appear that an exception should be -made. Mr. Shaw said, however, that it might be well to check:with the Town Counsel to see if there might be any reaction. Mr. Burns said that even if the Board abated one- half or all of the assessment on this particular lot it would be worth the saving. The Chairman asked if the Board wanted to take any action. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to authorize the Supt. of Public Works to raise the grade of the sewer approximately three feet from the present construction om Marrett Road to Kendall Road, subject to the approval of the Town Counsel. Mr. Stevens returned to the meeting later in the evening and said that off hand"he could not see whyUie Town would get into any difficulty. He thought it might be well, however, for him to telephone Mr: Shaw in the morning and then report to Mir. DeFoe. Mr. Burns left the meeting. Mr. Leonard Jellis, Jr., Messrs. Ryde and Sanseverino Vet's Lot met with the Board. Drainage, Mr. Jellis said;that they would like to know if the Town could do something about the drainage of the veterans lots owned by these three individuals. The Chairman said that this was a subject upon which. the Board could not give an answer off -hand. He said that he would prcfer to have Mr. DeFoe and Mr. Burns confer and report to the Board. The Group retired. 1 t 13 Mr. Gordon Eaton, 9 Calvert Street, Mr. Earl Outhet, 9 Ivan Street and Mr. Leo Hayes, 6 Calvin Street, met with the Board. Mr. Eaton said that they would like to know Sewer when the sewer.would be constructed for the Sunny- Sunnyknoll ' knoll: area. Area The Chairman said that he believed Mr. Eaton knew the situation as to the trunk line and explained that there is no money available to proceed, and that it would have to be authorized by vote of the Town. He said, that there may be a Special Town Meeting in the Fall, but he did not see how it could be in operation for a least a year. After the trunk line has been constructed, the laterals will have to be put in. Mr. Outhet said that there are five or six cesspools overflowing. The Chairman asked how many houses would he served - and Mr. Outhet replied that he thought about thirtyefive. Mr. DeFoe said that the estimated cost of the project is $100,000., not including the laterals. Mr. Burns, who returned to the meeting at the Board's request, explained that there are about 25,000 feet involved and the figure his Department had only brought the sewer up to Bedford Street. This figured at 50.00 a foot. The Chairman explained that if the group wanted to expedite this, they should secure the signatures of the owners of the thirty-five houses, as well as the owners of the vacant land, and submit a petition requesting the installation as soon as it can be done. Mr. DeFoe explained that there are no plans or specifications prepared. The Chairman said that the charge is about 02.00 a running foot, based on a formula. The abutters have ten years to pay at 4% interest on the outstanding,balance. The group, with the exception.of,Mr. DeFoe, retired. Mr. Emond, representing Mr. Innis, met with the Board and Mr. Stevens, Town Counsel, returned to the meeting. Innis Mr. DeFoe explained that indications are, in order Property to lay a drain pipe to connect in Roosevelt Road, there Wilson Rd. will be three or four feet of cover over the pipe. He said that as he understood it, Mr. Innis wants to sell all his lots. The water'will be installed, the lots sold and houses constructed. The owners then will not be able to make the -cesspools function properly and there will be no sewer available. He said that the Town Counsel had discussed this with Mr. Emond and mentioned the possibility of an arrangement whereby the lots, which the Health Sanitarian states_ Cannot be served by cesspools, would never be built upon. etc. 74 Boiler For Cary Bldg. would never be built upon. Mr. Stevens said that he was trying to determine' whether or not the Town can bind these lots and he has not satisfied himself as yet that he can draft an agreement, in the nature that he spoke to Mr. Emond about, that will be binding. Mr. Emond said that he would like to use the lots that do not present any problem. Mr. DeFoe said that a sewer could not be constructed without involving a pumping station.. Mr. Stevens said that he would have to give the sub- ject some additional study. He said that he did not think Mr. DeFoe wanted to make any definite statement to Mr. Emond-until he has more.information from him (the Town Counsel). Mr. Emond said that if the Board.of Health wouldap- prove of the corner lot, he would then have a total of four. The Chairman suggested that Mr.-Emond proceed with the installation of the water and -drainage, according to the Town's specifications, to serve those four lots -if the Board of Health will approve the one in question. The Board agreed to the Chairman's suggestion. The Chairman explained to Mr. Emond that if this portion is done, it does not In any way commit the Board insofar as the balance of the lots are concerned. He suggested that Mr. Emond obtain the approval of the Board of Health and then have the specifications approved. by the Suptt. of Public Works, Town Engineer and Town Counsel. Messrs. Emond and Stevens retired. Mr. DeFoe reported on the cost of a new boiler for the Cary Memorial Building. He presented each member of the Board with a copy of quotations received from R. D, Kimball Company and C. H. Cronin, Inc. The Chairman said that in the short period of time from now until Town Meeting be did not feel that he•would know enough about this subject to answer questions which might be asked. He asked how long it would take to in- stall the new boiler and Mr. DeFoe said that it would take at least a month. The Chairman asked if this were taken.up.at a Town Meeting in September would it be in operation by November. Mr. DeFoe said that everything would have to be ready by the time of the Town Meeting and he doubted if the work could be completed before it would be time to heat the buildings. The Chairman thought it would be better to ask the Town Meeting to appoint a Committee, under Article 2, consisting of representatives from the Board of Selectmen and,the Appropriation Committee and also ask for an appro- priation of $500 for use by the Committee. Crl 1 75 Mr..Niokerson said that he could not see why it would be difficult to present this at the coming meeting. He said that the Town Meeting members could be told that the old boiler is cracked and cantt be used and that the Board has advice of experts that it may go at any time. He said that he has made his mind up that it is better to burn oil. He said.that"he thought the Selectmen could ask for an appropriation of 618000 or 620,000 to enable them to put in the most efficient oil furning system and have. an expert survey and plans made. He said the Board could explain the reason for requesting a blanket amount. Mr. Hoyt said that he thought Mr. Nickerson had - a sound approach to the matter, but there is a question in his mind as to whether the Town Meeting will accept it. Mr. Nickerson said that even if the Town Meeting did not accept it,.it could then be prosented again at the Fall Town Meeting. The Chairman said .that he did not like to be re- fused by Town Meeting and Mr. Hoyt said that he doubted if the Appropriation Committee wouldgo along. Mr. Gay said that he thought if the Selectmen wanted the Appropriation Committee on their side, the suggestion of a Committee consisting of one or two of their members was a good one. Mr. Driscoll said that he thought the Board needed expert advice. Mr. Nickerson said that if the other four members of the Board want to wait until September he would not waste any more time. The Chairman asked if Mr. DeFoe had any opinion as to whether it would be more economical to put in an auxiliary for the Town Office Building and he replied in the negative. Mr. DeFoe said that he wanted it recorded that he is in favor of presenting this to the coming Town Meet- ing, in the event that the building is not heated in the fall and no preparation has been made. Mr. Nickerson said that because of the time element and the weather he agreed with Mr. DeFoe. Mr. Gay said that he would not like to have the Appropriation Committee oppose the Selectmen on this matter. Mr. Hoyt also agreed with Mr. DeFoe and said that he thought the time to do the work was in the summer. Mr. Nickerson said that the Board might also obtain a much better bid now. He said that if there is a Town Meeting in September and the work is completed in Decem- ber, the Board would be most fortunate. Mr. DeFoe retired. The Appropriation Committee met with the Board later in the evening to discuss this subject. 76 Letter was received from William Curley, 88 -Cliffe Tax Title Avenue, offering $150 for lots 189-192 inclusive, on Property Cliffe Avenue. The Clerk informed the Board that Mr. Potter checked. this and reported that the lot has a 75 foot frontage, is solid ledge and a steep hill. He recommended a. price of $100. Mr. Hoyt 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. Gay seconded the motion, and it was so voted. The Board gave further consideration to Mr. Thomas Martin's offer of $50 for Lot 20, Block 3, Rangeway Road. Tax Title Report was received from Mr. Potter stating that Property it is unfortunate to assess this lot 174 -feet front- age inasmuch as it tapers off at one end.. He thought would be fair to assess it on the basis of 100 feet frontage, pricing the lot at $200., plus $150 for the water betterment assessment, making a total of $350. Upon motion of Mr. Nickerson, seconded by Mr. Gay it was voted to advise Mr. Martin that the Board will' entertain an offer of $350. Letter was received from Arthur H. and Ethel M. Cameron, 53 Kendall Road, Lexington, requesting a Transient Vendor's License to solicit a -house to house canvass Transient for colored motion pictures of children, adults, homes Vendor's and gardens. License The Clerk reported that she checked this with the. Chief of Police and was informed that the applicant should register with the Police Department. Mr. Bay said that he was opposed to door to door canvassing and it was agreed to invite the Camerons to meet with the Board and discuss the subject. The Clerk informed the Board that an ambulance bill, in the amount of $10.00 had been sent to a Miss Louise Reed who lives at the Home for the Aged and Mr. Locke Abatement would like to know if the Board would feel inclined to Ambulance abate the charge. Bill Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to abate the ambulance bill in the amount of $10.00 sent to Miss Reed. The Chairman read a letter from Shoppers' Haven, Licenses signed by Edward J. Conley, -.with reference to a Sunday Sales License. The Clerk was instructed to send a copy of the communication to Town Counsel and request that he answer it. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: 1 1 Ernest C. Martin 1793 Mass. Ave. Com'Victualler CounAryside Asso. Lowell Street Sun. Sales Lexington Theatre 1704 Mass. Ave. Sun. Movies Application was received from the Lexington Allied Veterans Council for permission to hold Memorial Day exercises in Cary Hall on May 30th. Mr. Gay.moved that the use of the hall be granted free of charge. Mr. Hoyt seconded the motion and it was so voted. Application was received from Miss Helen Merrill for permission to conduct a dance recital in Cary Hall on the evening of June 17th. Mr. Gay moved that the use of the hall be granted subject to a charge of $35.00. Mr. Driscoll seconded the motion and it was so voted. Application was received from Robert L. Burke requesting permission to conduct a High School Class Reunion in Cary Hall on the evening of June 24th. Mr. Nickerson moved that the use"of the hall be granted subject to a charge of $35. 'Mr. Hoyt seconded the motion and it was so voted. The Chairman informed the Board that Mr. Lynch had submitted his bill in the amount of $2,000 for his work as legal advisor to the Planning Board in connection With the proposed amendment of the Zoning By-laws. Mr. Nickerson moved that the bill be approved for payment. Mr. Hoyt seconded the motion and it was.so voted. 77. Use of Halls Bill for Legal Advice Approved Mr. Howard Patterson, Chairman of the Appro- priation Committee, and Mr. Cleveland met with the Board, at the Board's request, to discuss the boiler. New Heaterary The Chairman of the Board of Selectmen explained y that the Board realizes that if it asks for the money Bldg. at the June meeting it will not be able to give the answer to a lot of questions. Be said, however, that the feeling seems to be that if this is postponed until September, time is being cut dangerously short. He said that the alternative suggestion would be to ask for a nominal sum of money to hire a consultant to meet with a committee consisting of two members of the Board of Selectmen and two members of the Appropriation Committee, but there again some members of the Board felt that it would be cutting it very close before the cold weather. Mr. Patterson said that his Committee does not feel that sufficient study has been given and more study should 78 be made and that it would be well worth the gamble. The Chairman said that it was agreed that the matter should be studied. The alternative is to ask for the • money and tell the Town Meeting members that no study has been made and that no money will be spent'until a study has been made. Mr. Patterson said that he thought it would be math better to have a committee to study the matter. Mr. Cleveland said that regardless of when appropriation is made, in all probability the buildings will not be heated in time. The Clerk left the meeting at 10:25 P. M. er4., S ectmen. 1 SELECTMEN'S MEETING May 31, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Wednesday evening, May 31, 1950 at 7:00 F. M. The meeting was held on Wednesday in- asmuch as two members were unable to be present on Monday. Chairman Emery, Messrs. Gay, Nickerson and Driseoll were present. The Clerk was also present. Mr. Harold E. Stevens, Town Counsel, Chairman Foley and Mr. Person of the Recreation Committee,' Mr. Garrity, Supt: of Parks and Playgrounds and Mr. Leonard Currie, architect, met -with the Board for the opening of bids for the construction of toilet facilities at the Center Playground. There were six other persons present. Bids were received as follows: Base Other work 1b,51 8,811 12,210 10,670 9,999.99 8,459.99 10,899.49. 9,359.49 9,980 8;440 9,013 7,473 12,767 11,227 Bagely & Mucci Thomas Mulcare Win Cons. Corp. J. A. Graziano J. S. Smith Co. Rich Bros. D. C. Loveys Co. Plumb' Alternate $1,000 1,540 1,540 1;540 1,540 1,207 1,540 1,359 1,540 927 999.99 Mr. Stevens suggested that the architect and Dr. Foley review the bids. The group, with the exception of Mr. Stevens, retired at 7:20 P. M. Mr. Joseph H. DeFoe, Supt. of Public Works, met with the Board. Mr. Stevens referred to.the proposed extension of a water main in Coolidge Avenue and said that:it has now been discovered that water is already;in' Coolidge Avenue except for about 500 feet. It is in front of land divided into house lots on a re- corded plan. Mr. DeFoe presented a sketch of -Coolidge Avenue from Hancock Street to Adams Street. Mr. Stevens said that he thought it would be better to let the street go through with a fifty foot width and said also that there is no particular need for installing the water from the present end to Hancock Street. Mr. DeFoe said that he felt the main should be installed all the way, probably laying it in the sidewalk, 79 Water main Coolidge Avenue 80 The Chairman explained that the County Com- missioners desire to know if the Towf wants them to take the two strips in question or not. He asked Mr. DeFoe if it would be agreeable to him not to take the strips. Mr. DeFoe replied that he would prefer to know how the Town Counsel felt about them. Mr. Stevens said that he thought it would be better not to take them. The Chairman, with the approval of the'Board, instructed Mr. DeFoe to advise the County Commissioners that the Town is not interested in taking the strips. Mr. Stevens reported that he thought the Raimo work would proceed now with reasonable promptness and that he will have further inform- ation for the Board next week. Letter was received from William R. Cook,. attorney for the Boston Edison Company , with reference to certain lots taken in fee in connection Boston with the transmission line. A copy of the commun- Edison ication had also been sent to Town Counsel. Mr. Stevens explained that Mr. Cook claims there are some parcels of tax land that is not valid. The Boston Edison Co. will pay whatever the unpaid taxes are for a release from the Town of all right, title and interest. He asked the Clerk to find out from the Tax Collector what the unpaid taxes amount to and to call him. The Selectmen can then vote to sell the lots and the deeds can be prepared. Mr. Stevens retired at 7:40 P. M. Mr. DeFoe presented estimates as follows for repairing the Barnes property: Remove piazza $ 495 and garage $264 Paint building 1,000 total $759 Repair roof 695 Complete new roof 1,300 The Chairman informed the Board that he had discussed this with Mr. Hoyt who is more or less in favor of following recommendations made by Mr. Goodell. Mr. Goodell was of the opinion that it would be better to remove the piazza and put in regular -size windows, replacing the prewent long windows. It was agreed by all members of the Board that the garage and the porch should be taken down. Barnes Property 1 Messrs. Foley, Garrity, Person and Currie returned to the meting. Dr. Foley stated that the low bid for the construction of the toilet facilities was received from Rich Brothers - $9013.00, plus $901.30 for architect's fees, advertising $30 and contingencies or $55.70, making a total of $10,000 for a painted concrete blobk building. This cesspool and de- molition of the present building is included in this price -as is the lighting. The Selectmen felt that the amount for con- tingencies should be increased, making a total figure of $10,500. Vr. Foley explained that the Figures for a brick building are as follows; $10,372, plus $1,037.20 for architect's fees, advertising $30, contingencies, $80.71, making a total of $11,520. The Chairman asked if the Recreation Committee wanted to take a definite stand and Dr. Foley said that his Committee simply wanted a building. Mr. Chairman asked if the Recreation Committee wanted to take a definite stand and Dr. Foley said that his Committee simply wanted a building. Mr. Garrity said that his personal recommendation would be a brick building, but if it meant that they would not have a building at all he would go along with the concrete block. The Chairman suggested the motion be made for a concrete block building and then it could be amended, Mr. Nickerson said that he was not in favor of the additional money for a brick building. Mr. Currie stated that either brick or painted concrete block would look good and that from the appearance point of view he did not think it would really matter once the building is constructed. He said that the only practical advantage of a brick building, thinking in long terms, there will not be the maintenance. However, in a building as small as this one, it will not be necessary to paint the blocks more than on‘c in about every five years. Mr. Gay moved that the motion be put for the concrete block building and an additional appropria- tion requested in the amount of $2,000. Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Bay, it was voted to award the contract to Rich &vthelf's., the low bidder, subject to the five-day referendum and an additional appropriation of sufficient funds; the type of construction to depend upon the vote of the Town Meeting on June 1st. 81 Toilet Facilities 82 The Clerk was advised by Mr. Currie, to retain the checks accompanying the bids of Rich''Brothers and the James S. Smith Co., but to return the other checks. Messrs. Foley, Garrity and Currie retired at 8:15 P. M. Mr. DeFoe presented each member of the Bo& d costs for the installation of a boiler in Cary Boiler for Memorial Building with provisions for burning.oil. Cary. Bldg.. The Chairman explained that the Appropriation Committee is not in favor of burning oil and will ask for indefinite postponement of this article. A lengthy discussion was hold on the subject during which the Clerk was not at the meeting. Mr. Stevens and Mrs. Sexton met with the Board at 8:40 P. M. Mrs. Sexton requested an appointment to discuss the Leary property on Waltham Street, and the following discussion was held: Mrs. Sexton: I am here about the Waltham Street property. Mr. Stevens told me I was troublesome, but I try not to be and I don't1 like it a bit. I don't think this has been handled very well. You people know the - situation. You know how we feel. Chairman As I understand the situation, we have offered to take the wall down or leave it. Mr. Stevens: That is right. It was some time during the winter that Mr. DeFoe and I went there and met Miss Leary and Mrs. Sexton. We agreed that the steps needed to be fixed and explained that in the winter cement could not be poured and that if an easement could be obtained to maintain the wall, the Town would put in wooden steps and then put in cement steps when warm weather came. Mrs. Sexton was -disturbed over the necessity of a wall and felt it would cause water to back into the cellar. We told her to have someone look at it. I had a M.D.C. man look at it and he saw no solution but the wall and no dan ° of water backing up into the cellar. We told her the instrument giving an easement would state that any time they PIZ 1 Chairman: Mr. DeFoe: Chairman: Mrs. Sextons Chairman: Mrs. Sexton: wanted to build out to the sidewalk, the -wall would'be removed. She then said that it was difficult to get into the driveway. At that time Mrs. Sexton felt that the wall was not necessary. The last time we talked, she said her under- standing was that they would, go right in and put in wooden steps. We did not however, make any such arrangement. She thought the wall was not necessary and felt the thing to do was for the Town to pay damagesin the amount of $3,000. I told.her that was beyond all out of question and we did not seem to be getting very far. She said that she did not want to cause any trouble and I felt that she was being troublesome, that is where the word troublesome came in. However, since then another builder has looked at the place and he thinks the wall should be there. There were other walls put in on other properties on Waltham Street. No one else has raised any objection to the walls. Some people claimed damages for the amount of taking, but one of those has signed the instrument for the wall. This is the only piece of property where any objection is being made to the wall. Before you came, we took the wall at the Catholic the entire length of the we took down part of it. down part of Club. It went property and The wall there was not strictly necessary. What do you want us to dote I would like to know if it is customary to put up a wall without the consent of the owner and then ask them for an^ease- ment for the construction and maintenance after it is already up there. I think it is not customary. I am not going.to dispute some of the things we said. You told me I was being troublesome and I resent it very much. 83 84 You gentlemen know from the beginning that this thing has been bungled. There was not going to be any work done on the right-hand side. Mr. Stevens:I apologize. "hairman: Nolandtakings. Mrs. Sexton:I understood that the land taking was to be made on the other side of the street. I understand that there was a deal with the Spencers. The story goes that the Town made a deal with - Spencers and in that way they signed. They agreed to allow the wall to re- main there, for afttneral business. Chairman: They said they would be very. glad to give the Town a slope easement if they got a license for a funeral home. That had nothing to do with the Board of Selectmen. Mrs. Sexton.I think the Town trespassed up there. You can have all the experts you want here. If an -expert -did the _job', he did -a very poor job. The wall is cracked, what does that mean? In order to put up a wall so that we would have no more trouble with it, just how far should you go down? Mr. DeFoe: Walls like that usually go down about two feet. Mrs. Sexton:Have they gone down two feet on that wall? Mr. Woe: I don't know. Mrs. Sexton:I understand it is not down two feet. It may be down eighteen inches. We have been told that the wall is inferior. Suppose it falls on the sidewalk and someone gets hurt, wouldn't -we be re€ sponsible? Mr. Stevens:No. The easement that was requested was to give the Town the right to have the wall there. • 1 Don't you think it would have been wise to have the easement before the wall was put up? Chairman: Definitely. Mrs. Sexton: My sister is sick over this. We pay a lot of taxes in this Town and we have lived here a long time. I think we have rights here. Chairman: We don't claim that the job was done with -a great deal of skill in some ways, particularly about not getting an easement. We should have an easement first. I admitted that publicly on Town Meeting floor. The wall is in there and what do you want us to do? Mrs. Sexton: Mr. Stevens said that we agreed. You can't deny but that the last thing we said was that there would be temporary wooden steps put up there. Mr. DeFoe: I said I would have Mr. Custance come up the following week and put up tme- porary steps there. Mrs. Sexton; You mentioned two granite slabs there. Mr. DeFoe: You did say that when the work was done you wanted to have them put in the back. Mr. Stevens: There were to be temporary wooden steps put up.. We did have stormy weather. I did say that we could not do work at that time of the year anyway. I said we would leave the steps there until Spring. I never heard any more. The. steps are very dangerous. There is bound to be an accident there. I think that we should make up our minds to do something` one way or another. Chairman: Do you want the wall taken out? Mrs. Sexton; Yes, I think it should be taken out. There will be a circular drive there some day. Mrs. Sexton: 85 86 Chairman: Mrs. Sexton: Chairman: Mrs. Sexton: Chairman: Mrs. Sexton: Chairman: Mrs. Sexton: Chairman: Mrs. Sexton: Chairman: Mrs. Sexton: Chairman; If we take out the wall and put in steps would that be all right? No. I think some grading should be done and some adjustment made. A lot of the soil taken out to make the wall was pushed back on the property. If we took the wall out, sodded the bank and put in new steps would that satisfy you; having in mind we admitted the easement should have been taken first. Everyone makes mistakes. I feel that if the sod was put in and the job done so bad in the beginning, I hava not confidence enough t� say now that it would be done well. I would have to know first before I could agree to that. Have to know what? We might have to pull the piazza down. Would you have confidence in Jack Garrity. I don't know. his work. He would be on your side and not on mine. Don't you think if we told him to sod it the best he knows how it would give you a job that you would be satisfied with? I don't know what he would run into. I • have an idea they would have to go back under the piazza. Suppose they get under the piazza and then we might find that the piazza would have to be removed. Why should we go to that expense? I can't see that the repairs to the piazza would be on us. We don't think we have undermined the piazza. If you start grading now, you don't know what we will run into. Thatis something we will have to look .'ahead to see. I don't know how the other members of the Board feel. I was just trying to find out on what basis we could satisfy you. If we 1 1 Mrs. Sexton: Chairman: Mra. Sexton: Chairman: Mrs. Sexton: Chairman: Mrs. Sexton: Chairman: Mr. DeFoe: Chairman: Mr. DeFoe: Mrs. Sexton: Mr. DeFoe: Suppose we find that there is a weakness there and the piazza has to be taken away. What are we going.do? We will have to build anew piazza which was not necessary if the thing was left alone. If what I tentatively suggest does not satisfy you, what do you want? I want the wall the Town, grade for trespassing damages that we What damages do down, the steps fixed by it and suitable damages that would cover any might have. you call suitable? I mentioned $3,000. I would not be surprised if we would have to go into the cellar even* If the posts have been undermined, that is one thing. I they have deteriorated by age, that is something else. If you start grading, you must realize that you have to run into something. I can't see that there would be any trouble if it were sodded. Supposing we do not change the grade appreciably and move the wall off your property, put the wall on the sidewalk and out the.side*alk back a foot. It•will still be seven feet wide. We won't change the fill and put in whatever grade you say. You mean put it back the way it was before? That is right. That is a`new...angle I had not thought about. What kind of a wall would be there. One high enough so that the fill will not go out onto the street. We will build the wall high enough to take the natural slope of your land prior to our interfering with it at all. Then the wall would not be on your property and the slope would be substantially as it is now; only the wall would be out on Town property. -Mrs. Sexton: I don't know if that will make sense or not. 87 88 Chairman: Chairman: Mr. Stevens: Mrs. The wall would be off your land and the slope would be restored to what if was before. If the wall stays there and we seed the bank, I know the Town Counsel would insist that you give us an easement. There would have to be a grant. Sexton: The wall would not have been there if you had come and consulted us. We don't want the wall there. Chairman: Mrs. Sexton: Mr. Stevens: Mrs. Sexton: Mr. Stevens: Mrs. Sexton: Mr. Stevens: Mrs. Sexton: Mr. Stevens: There is a to Mrs. Sexton: Mr. Driscoll: Mrs. Sexton: I think the Board will take the wall out or leave it there and fix the steps and sod it. If on top of that you want $3,000, that is something which we will have to discuss further. Do you want me to get.a lawyer and let the Court decide? I think that is the only way it will be brought to a head. You don't think we are entitled to damages. I don't know anyone else who has asked for damages and instruments have been obtained. MacKay got damages. That was for the land taking. There was 78 sq. ft. taken on our side. The land was not taken. The wall was put in. chnical difference. It is not the same thing. The land was not taken. I still think we are entitled 'to damages. Why doesn't someone else have something to say. What about you Mr. Driscoll. Our Chairman spoke on Town Hall floor about it as he explained. Mr. Stevens was not Town Counsel at the time the work was done on Waltham Street. Do you think we are entitled to any damages. I think we should look out for our own rights. I feel we are entitled to some adjustment. If I am wrong that is another thing. CSZ 1 1 89 Chairman: This Board is trying to reach an agreement. Any suggestions made have been with the idea that we are honestly trying to reach a settlement. If we think that one or more persona is asking, as a final settlement, more than we feel we are warranted in pay- ing, we feel we can ask the Court to settle it. Mr. Gay: If we put the wall were Mr. DeFoe suggested, are you asking $3,000 for the land taiing? Mrs. Sexton: Let us say trespassing. Mr. Gay: If we put the wall where Mr. DeFoe suggests and give you back the land in its original condition, how would you feel? Would you feel that you should be receiving 0,000 damages for trespassing? Mrs. Sexton: I am figuring on what results there would be after the thing is done. I have been told it can be sodded by the Town, but we will probably have some trouble with the piazza. Mr. Gay: If we put it back in the original condition, the piazza will be in the original condition. Your land will be just as it was previously and the wall will be on Town property. Mrs. Sexton: We don't want the high wall there. Would the sodding take care of it without the wall. Mr. DeFoe: The sodding would take it down to the street. Gradually it would become washed out. .You would have to take care of it otherwise the • mud would be coming down onto the sidewalk. Mrs. Sexton: You don't know what you are going to get into. If you put up a wall we still want space so that if we have a circular driveway we will not have a wall in the way. Furthermore, the wall depreciates the value of the property. Mr. Emery; You will have to have the wall or have it sodded. They could have put the wall on Town property and you could not have stopped that. You would not have had any control over that at all. The suggestion Mr. DeFoe makes would be as it would have been done if you stopped us in the beginning or if it were put originally in the proper taking. There would have been a wall there anyway on account • of the slope. 90 Mrs. Sexton: Mr. ?DeFoe: Mrs. Sexton: Mr. DeFoe: Mrs. Sexton: Mr. Gay: Mrs. Sexton: Mr. Gay: Mr. DeFoe Mr. Gay: Mrs. Sexton: Mr. Gay: Mrs. Sexton: Chairman: Mrs. If the soil had been taken away it would not have required as high a wall. I believe it was taken away and not pushed back. We always had there is none be? High enough to all. It might existing. a green lawn out there and now. How high would the wall hold your land back, that, is be slightly lower than the, I want to do the right thing. Might I suggest that Mr. DeFoe go up and give Mrs. Sexton a description of what can be done. We can then take a look at it and see if we can+t come to some satisfactory arrangement. • I have a good idea now. lam willing to go along with that suggestion, but I am still wondering if there will be a high wall there. Let Mr. DeFoe show you how high the wall will be. We can go out with a rule and show how high the wall will be. Would you feel better if he did that? I will do that, I will do anyt%ing to be reasonable. Do you feel we are not entitled to any damages if the wall is removed? I think we should discuss that as a Board. I still think an adjustment should be made.. I think we have been put to a considerable amount of discomfort. It is not a matter of dollars and cents, but a matter of right and wrong. I would like to get this thing straightened out. We would like to get it straightened out. Will you report to us or do you want, Mr. DeFoe to report to us on the geographical and physical things you want changed. Then if you want to discuss damages further, we frankly feel that we would rather have it go to Court. Sexton; I would be tempted to let it go to Court. If I had to go to the expense personally, I would 1 1 1 be inclined to go to Court just to see if I am right or wrong. Mrs. Sexton retired at 9:30 P. M. Mr. A. B. West met with the Board relative to the Oak Street Sewer. He said that the Board is familiar with the agreement which was transferred' tohim when he purchased the Nichols. property. He said that he assumed the responsibility when Howard Nichols transferred it and he took his word and also had some lawyers look over the agreement. The passed on it and he accepted it. He said that he considered it his responsibility and not Mr. Nichols'. He stated that his only reason for meeting with the Board this evening was to ask the Board to leave Mr. Nichols out of it. The Chairman explained the reason that Mr. Stevens had contacted Mr. Nichols was because of the fact that Mr. Nichols was the one who signed the original agree- ment with the Town. Mr. Stevens explained that the Town has no con- tact with Mr. West, but that the contract is with Mr. Nichols. Mr. West asked what he could do to assume the responsibility. Mr. Stevens asked him if he were willing to pay the betterment assessment on Larsen's land and Mr. West replied that he did not say that. He said that he was asking as• a personal favor that the Board leave Mr. Nichols out of this. He said that he took over the contract with the property. Mr. Stevens said that the agreement states that Mr. Nichols would pay the Town so much per square foot when he sold any part of the land. When he sold the land to Mr. West he became obligated to pay the Town and the money has been due since that date. Mr. Weat said that was not Mr. Nichols' understanding nor the understanding of the Board at -that time. Mr. Stevens explained that is what the agree- ment says. Mr. Westtstated that no one is trying to get out of paying the Town the money. He said that the Town would receive the money, but the question is how it is going to be paid. ' The Chairman said that the Town's contract was with Mr. Nichols; naturally when the Board did not know his agreement with Mr. West, Mr. Stevens was told to go to Mr. Nichols to collect. Mr. Stevens said that the money was due, according to the contract, at the time 'the land was sold. 91 West, Oak Street 92 Mr. West said that the contract reads that it is a covenant to go with the -property and he under— stood that it would g� along. He said that he assumed the responsibility of paying the interest at 1%. He is willing to pay that and has paid it when he received the bill. Mr. Stevens explained that the contract applied to the entire tract and when Mr. Nichols sold the property to Mr. West, he sold the whole parcel. Mr. Stevens impression is that the money became due when the land was sold. However, Mr. West then sold part of it. The amount for the part sold became due at once as it had not been due before. Mr. Larsen divided the land into house lots. He has built and sold house and lots. Still no one has paid the Town any part of the principal, and Mr. Larsen says he, will not pay. It has gone on along the whole process and still the Town has not been paid. Mr. West said that he feels responsible insofar as Mr. Nichols is responsible, and that if the Board feels Mr. Nichols is responsible for all of it, he would like to have him left out. He said that he made the same kind of an agreement when he sold the. land to Mr. Larsen. Mr. Stevens explained that on the date of the sale to Mr. West, Mr. Nichols became indebted to the Town. Mr. West said that he does not interpret the contract the way Mr. Stevens does. Mr. Stevens said that he thought Mr. West would agree that someone owes the money to the Town now and asked if Mr. West had any suggestion as to how the Town might receive the money. He aaid that Mr. Larsen will not pay and the Town has no contract with Mr. West. Mr. Stevens said that he would be glad to sit down with Mr. Larsen and Mr. West to discuss this subject. Mr. Stevens and Mr. West retired at 9:45 P. M. to discuss this subject with Mr. Larsen and his attorney, Mr. McCormack who were in the Selectmen's Office. Mr. Stevens reported on this later in the evening, Mr. Edward J. Conley,. of Shoppers Haven, met with the Board. He said that the passageway between his store at 316 Marrett Road has been blocked bez Shoppers' tween the two stores. Haven The Chairman asked him if he would follow the law as outlined in the letter written to him by Town Counsel. Mr. Conley replied in the affirmative and said that he had called Mr. Stevens and thought that rather than write to the Board he preferred to meet with them. 1 The Chairman asked if Mr. Conley agreed with what Mr. Stevens said and he replied in the affirmative. The Chairman said -that he thought the Board would act on his applications this evening. Mr. Conley retired at 10;00 P. M. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant Edward J. Conley, d.b.a. Shoppers' Haven, a Sunday Sales License at 316 - Marrett Road for a term expiring April 30, 1951. It was further voted to grant a Common Victuallers license, expiring December 31, 1950. Further consideration was given to Mr. William Curley's offer of $150 for lots 189-192 inclusive on Cliffe Avenue. The offer was advertised in the May 25th issue of the Lexington Minute -Man but no further offers were received as result of the advertisement. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to accept the offer and to sell and . convey lots 189-192 Cliffe Avenue to Mr. Curley; it to be definitely understood by Mr. Curley that there is no Town water main which would serve any of these lots, that the Town has no present intention of installing a water main and that if and when water is installed, these lots will be subject to a better- ment assessment. 93 Tax Title Mr. DeFoe.informed the Board that he had receive a verbal request for permission to move a house from Lexington Street, Burlington to Lowell Street, Lexington. He has had Mr. Garrity check the proposed route and he felt that the building can be transported without any appreciable damage being done to the trees. The Chairman instructed Mr. DeFoe to contact the Chief of Police before the house is moved on the highway. Mr. DeFoe brought up for consideration the pos- sibility of installing a sewer main in a section of Liberty Ave, Liberty Avenue and Hamilton Road. He said he merely Hamilton Rd. wanted to call the Board's attention to the fact sewer that there is no sewer in these two sections and to get the members reaction as to having it installed before the streets are constructed. The Chairman suggested that Mr. DeFoe write to all the abutters and inquire as to how they feel about the sewer being installed before the street is com- pleted. Letter was received from W. S. Couette, on behalf of Mr. Henning Swenson, requesting the extension of a water main down Allen Street, a distance of approximately 400 feet. 94 Mr. DeFoe was requested to find out if Mr. Swenson and Mr. Slocum own all the land involved and if so, whether or not they would be willing to sign for the water. Petition was received from residents on Waltham Street and Concord Avenue requestipg a hearing re- lative to surface drainage.and mosquitoes at the Drainage property near and at the intersection of Concord Avenue and Waltham Street. Mr. DeFoe was requested to have a report on the drainage prepared by the Town Engineer and it was agreed to invite the petitioners to meet with the Board on Monday evening, June 19th. Mr. DeFoe retired at 10:30 P. M. Mr. Stevens returned to the meeting and reported that Mr. Larsen will give the Town the five feet Oak Street necessary on Oak Street, will pay the water betterment. on all his land on Oak Street, will give -the town a forty foot street, running beck from Oak Street to Town land, but does not want to pay anything for the construction of the forty foot street, and wants it understood that there will be no betterments assessed to him on the new forty foot strip. Mr. Stevens suggested that the Board advise him that this will be discussed by the Selectmen with the Planning Board. Letter was received from Capt. Cushman, 140 Grant Street, expressing appreciation to officials and employees of the Town. Mr. Driscoll moved that the communication be printed in the Lexington Minute -Man. Mr. Gay seconded the motion, and it was so voted. Mr. Stevens retired at 11:25 P. M. Letter was received.from Mrs. Ruth A. Sullivan, on behalf of the Community Nursery Sbhool, Inc. requesting Permit permission to have a parade on Friday afternoon, June 2nd, which would include a loudspeaker, to advertise the Children's Fair to be held on June 3rd. The Chairman agreed to cheek with the Chief of Police on this. Special Police Deed Upon motion of Mr. Gay, seconded by Mr. Driscoll, it wgs voted to re -appoint David Govan, 32 Woodland Road, as a Special Police officer in the Town of Lexington for a term expiring March 31, 1951. Upon motion of Mr. Driscoll; seconded by Mr. Nick- erson, it was voted to sign deed, prepared by Town Counsel, conveying lots 24, 25 and 26, Block 73, Valley Road, Lexington to William H. McCullough and Blanche R. McCullough, 73 Valley Road, Lexington. 1 • Applicationwasreceived from Earl B. Sukeforth, Acting Principal, requesting the use of Cary Hall on June 15 for a rehearsal and on,June 16 for Junior High School Graduation. Mr. Nickerson moved that the use:of the hall be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Countryside Associates Lowell Street Sunday Golf Lexington Theatre, Inc. Mass. Avenue Sunday Movies Ralph J. White 56 Woburn St. Junk Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sign an order for the installation of a water main in Robbins Road from Locust Avenue northeasterly, and distant approximately 220 feet. (Copy of Order in Selectmen's files under Water Orders, 1950). Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to continue the policy of operating the Town Offices with skeleton crews on Saturday mornings during the months of June, July and August. Letter was received from the Planning Board with reference to inspections required by the new Subdivision Rules and Regulations. The Selectmen were .asked to request the Public Works Department to provide such personnel as is necessary. The Chairman agreed to advise Mr. DeFoe, Superintendent of Public Works, of this communication. The meeting .adjourned at 11=30 P. M. 95 Use of Hall Licenses Robbins Rd. Water Order 96' SELECTMEN'S MEETING JTJNE 5, 1980 A regular meeting of the Board of Selectmen was held in the Selectmen's Office on Monday evening, June 5, 1950 at 7:00 P. M. Chairman.Emery, Messrs. Gay, Nickerson and Hoyt were•present. The Clerk - was also present. Mr. Driscoll arrived at 7:30 P. M. Mr. Joseph H. DeFoe, Supt. of Public Works, and Mr. William Burns, Town Engineer, met with the Board. Mr.'DeFoe presented a sketch of the veterans lots on Hill and Cedar Street. He explained that his Drainage Department has not had time to make a detailed study, for Vet- but indications are that it will be necessary to have erans lot -a drain installed and he recommended laying it on the line of a proposed lot in the rear of #`12. He explained that this project will cost between $300 and $400. Following some discussion, Mr. Nickerson moved that the Superintendent of Public .Works be authorized to proceed as outlined by him to ease the drainage problem on veterans lots 11, 12 and 13 on Cedar Street. Mr. Hoyt seconded the motion and it was so voted. Mr. Stevens arrived at the meeting at 7:15 P. M. Mr. DeFoe reported further on the drainage pro- blem'in the vicinity of Mr. Kingsley's house on Franklin Road._ He presented a sketch of the area and explained that upon. inspection of the line going through Mr. Baskin's property and coming out to the culvert, it was found that a discrepancy of about one foot existed. Mr. Baskin has consented to re-lay approximately 140 feet of pipe on his property, at no cost to the Town, which leaves about 150 feet to be re-layed by the Town. Mr. DeFoe explained three possible ways to -solve the drainage problem and upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve proposal #2. This includes a pain of catch basins in front of Mr. Kingsley's house with the drain extended to the corner of Franklin and Somerset Road, and extended from a man- hole at this location to take two catch basins a short distance up Somerset Road toward Meriam Street, and also extended along Somerset Road toward Hancock Avenue to connect with the existing drain. This project is to be placed on the waiting list and undertaken when the Department of Public Works has the time. Authorization was also given Mr. DeFoe to re-lay the pipe, approximately 150 feet in length, and at the same time it is understood that Mr. Baskin will re-lay approximately 140 feet of pipe in his property, starting at Somerset Road, at no cost to the Town. Franklin Rd. Drainage 1 1 The latter project, to be done at this time, is to correct the drain that was installed at an im- proper grade. Mr. DeFoe.inquired as to what account inspection of Board of Survey .developments is to be charged. He explained that the inspectors will watch the construction of the road, installation of drains and water mains. Mr. Burns explained that work on developments will be intermittent, but -the man hired will have to be kept on full time and there is enough work in the Department to keep him busy. The Chairman asked how inspections have been handled before and Mr. Burns replied that he has been doing the inspection himself but he cannot continue because he has too much to do. Furthermore, the re- quirements of the new Board of Survey rules and re- gulations are comparable, to the Town's street speci- fictions. He explained on Town street constuction he has required full inspections and he thought the Board of Survey would require the same on development streets. He said that he would not be responsible for such streets on the same bases as he has in the past. He said that the new streets will be bituminous eonoretiewith a surface that will be on for ten or twelve years before anything will be done and he does not want to be responsible for spot checking because when the streets are completed they can be accepted by the Town. He said that the inspector's time and the water mains could be charged against the Water Construction Account and when the inspector is not working, on water construction he can use him in other work. He further stated that he, thought the drainage inspection could be charged to the Drainage Acoount. The Chairman mentioned charging the time to Highway Maintenance and asked if an inspector would be hired before next week. Mr. Burns said that an inspector would have to be hired whenever the developers bond is straightened out. It was agreed to charge the inspector's time on water and drainage to the Water Construction and Drainage Accounts and of consider further next week the matter • of street construction inspection. Mr. DeFoe asked if he could purchase the gates, hydrants, etc. as soon as the agreement is signed and the Board was in agreement. The Chairman instructed Mr. Burns to advise the Planning Board that Mr. Larsen has offered to give the Town the extra footage on Oak Street, pay for the water, dedicate the out through, but will not pay any better- ments on the streets. He said that before the Board advises Mr. Larsen what it thinks, the Selectmenwould like to know how the Planning Board feels. Mr. Burns retired at 7:45 P. M.. 97 Inspection Board of Survey de- velopments 98 Larsen Oak Street Zoar Avenue Bus Stop Transite pipe He returned later in the evening and reported -that the Planning Board is still of the opinion that Mr. - Larsenwould have to pay betterments on the.proposed street, if, as and when it' is constructed. The Chairman said that it was not presumed that the Tom will take the initiative to construct the street, and Mr. Stevens said that the water is supposed to go in the street, but no time was set for.con- structing the street. Letter was received from Mrs. Przyjemski stating that the Selectmen had informed der that the stA'Pcture on Zoar Avenue was to be torn down by the first of June, but there is no evidence of it being removed and there is sonstant.repairing being done. No action was taken. Mr. Gay said that the residents in the Pleasant Street area had petitionedethe D. P. U. for a bus stop and the matter had been referred' back to the Selectmen. The correspondence which he had was given to the Town. Counsel. Mr. Stevens retired at 8115 P.'M. Mr. William Brenchick, 46 Lincoln Street met with the Board, at his own request, to discuss transite pipe. He gave each member of the Board a'history of Transite Asbestos -Cement Pipe, manufactured by Johns - Manville Corporation and explained that the product has been used throughout the world for about forty years and in the United States for about twenty years. He also said that the pipe carries the Underwriterst approval, and every length of pope is tested at four times its rated working pressure. The installation cost is low, cost of the pipe is low, delivery stays high and keeps the pumping costs. down. He also explained that there would not be any loss of water because of leaky joints, and that the cost ofinstallationis 10% lower than that of cast iron pipe. Mr. Brenchick said that sewer pipe was put on the market at the same time but the sales efforts have been on water pipe. He explained that the installation coat is leas due to the.f act that the pipe is in thirteen foot lengths against two foot lengths of tile and•it goes toghether very rapidly. He said that there is no joining compound to buy because that is included with the cost of the material. Due to the strength of the pipe, in many cases oradling is eliminated. Mr. DeFoe asked if there were any disadvantages at all compared with cast iron pipe and Mr. Brenchick said that it does not have the strength of cast iron pipe, 1 but it does have enough strength to take care of anyting that will be demanded of a water line. In this pipe there is•nothing to corrode, therefore the strength is not required. He also said that the pipe cannot be thawed out. with electricity. Steam or hot water must be used. Mr. DeFoe asked how long the rubber gaskets would last and Mr. Brenchiek replied indefinitely. Mr. Hoyt asked what would be involved in making the changeover and if there would be any effect on the pipe that is in the ground at the present time. Mr. Brenchiek replied that there would be no e 'f ect Whatsoever. He explained that at the present time deliveries are not good as they are back to October. He retired at 8;40 P. M. Mr. John Baskin met with the Board and requested that the sewer.be brought along Somerset Road from Hayes Avenue to Lot 5, a distance of about 300 feet. The Chairman asked him if he would sign up for one side and he replied in the affirmative. The Chairman explained that the Board would have to review the situation and see how much is ahead of it. Mr. Baskin explained that a house will be constructed here, to be completed in November, and he would like; to have the sewer extended to serve it. The Chairman said that the Board would request Mr. DeFoe to submit a report on this subject for next Monday's meeting. Mr. Baskin retired at 8:05 P. M. Mr. Leonard Jellis, Jr. met with the Board, at his own request, relative to the drainage problem on Lot 12, Cedar Street. The Chairman explained that the Board had already voted to authorize the Supt. of Public -Works to proceed to ease the drainage problem on lots 11, 12 and 13. Mr. DeFoe informed Mr. Jellis that he did not intend to slope all the land, but would put in a drain at the most advantageous spot, and that no grading would be done. Mr. Jellis retired at 9:00 P. M. Letter was received from Mr. Leonard Jellis, Sr. requesting the extension of a water main to service 0115 Reed Street. Mr. DeFoe reported that he has already asked Mr. Burns to have a sketch made and will report further next week, 99 Sewer, Somerset Road Water Reed Street Letter was received from Leland McConchie requesting an extension of the water main to service a house at 152 Adams 100 Water Street. The Clerk was instructed to give a copy of the Adams St. letter to the,Sup't. of Public Works and request a report. for the next meeting of the Board. Mr. DeFoe presented the'Lmembers of the Board with estimates, received from Custance and Phalen on pro- posed repairs to the Barnes property. Mr. Nickerson suggested that he contact Mr. Cus-> Barnes tance and ask him if he would accept the job at a price Property not to exceed the figure he has gU.oted and if he would be willing to write a.letter to that effect. Mr. DeFoe agreed and it was decided to obtain specifications and then decide whether or not the bidding is to be open of closed. Liberty- Mr. DeFoe presented a sketch of the proposed Ledgelawn sewer in Liberty and Ledgelawn Avenues and explained sewer that the only individual interested in signing for the sewer is Mr. Mc0onchie, owner of lot 126: He said that Mr..Grandail and his son do net want the sewer, but will go along if they are the only ones not in favor. No action was taken on the matter. Mr. DeFoe retired at 9:35 P. M. Lighting Minute Man Statue Tax Title property Use of Hall Letter was received from Carl G. Vienot recommending that the spot light be turned on again on the Minute Man- Statue. Mr. Nickerson said that if it were a matter of $50 of 4075 he thought it would be money well spent. The Chairman was authorized to make whatevern , arrangements are necessary and charge the cost to the Park Department, Letter was received from Elbert Fisher, 197 Woburn Street, Lexington, offering *100 per lot for lots 35 and 36, Hillcrest Street, Park Heights. The Clerk reported that Mr. Potter recommends a price of $200 per lot inasmuch as the street is finished and has water. The members of the Board agreed to look at the lots and hold any decision over until the next meeting of the Board. Application was received from Miss Helen Merrill requesting permission to conduct a dance recital rehearsal in Cary Hall on the afternoons of June 12th and 13th from 1:00 until 5:00. The Clerk was instructed to find out whether or not Miss Merrill was reimbursed for her services in con- nection with the 19th of April celebration and if not, both uses were to be granted free of charge. If, how- ever, she was paid for her services, a charge of $35 is to be made for one rehearsal, the other use being granted free of charge. 1 1 Application was received from Richard F. Jackson, on behalf of the 4-H Club, for permission to conduct a meeting in a conference room on Tuesday, June 13th. Mr. Gay moved that the use of the room be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from Mrs. Doris G. Works, on behalf of the Pre -School P.T.A., with reference to the charge made for the use of Estabrook Hall on June 3rd and 10th. Mrs. Works stated in her letter that the money received from the movies to be conducted on these two dates is to be used for the Dental Fund for all Lexington children of pre-school age, and asked if the uses could be granted free of charge. The Chairman suggested, and the Board agreed, that Mrs. Works be:.advised that it has become an established practice to charge a fee when admission to activities .nthe Cary Building is charged. However, the Board would be willing to grant both uses for $10 instead of $10 for each use. The Cleft informed the Boaed that the Chief of Police had received a request from M.I.T. for the appointment of nine Special Police Officers who will be working as guards at the Institute's Lexington Special Field Station. All the individuals recommended Police by M.I.T. were approved by the Chief. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted -to appoint the following persons as Special Police Officers -in the Town of Lexington for terms ex- piring March 31, 1951. 101 Use of hall Use of hall Ivers J. Rutherford William S. Thompson John G. Bohn Warren Wilder George Donald Tucker Lancelot B. Cooper Earl A. Turner Malcolm Stevens 1E. Richardson Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Countryside Associates Lowell Street Lexington Theatre Mass. Avenue Francis D. Flanage, Jr. 4 Aerial Street Sunday Golf Movies Peddler Dr. Foley, Chairman of the Recreation Committee, met With the Board and reported that his Committee had received a request from Mr. Thwyng on Marrett Road, to have the Town mow the field adjacent to his house so that the -children in the neighborhood could use it as a ballfields Be said that he had discussed this with Mr. Garrity and was told 102 that the Selectmen would have to determine whether or not Town .equipment could be used for this purpose. The Chairman agreed to discuss the request with Mr. Garrity. The meeting adjourned at 10:00 P. M. A true record, Attest: 1 1 SELECTMEN'S MEETING June 12, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing on Monday evening, Jude 12, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe, Supt. of Public Works, met with the Board, and reported on the petition, dated April 29th, requesting the Town to have the property adjoining the old reservoir on Marrett Road, known as Lot #4, made into a playground for softball. He stated that the estimated cost will be $3,000 including a fence which he thinks should be erected for the protection of the child- ren. He also informed the Board that to put the area in condition would necessitate removing trees, bulldozing the material and saving the top soil. The Chairman was authorized to advise the petitioner that there are no funds available to do the project cor- rectly at this time and if it is not properly done, there may be .a question of liability on the part of the Town if anyone should get hurt. It was also suggested that the petitioner be advised to contact the Recreation Committee with the idea of having this listed for possible future development. The Chairman read a letter from Lancelot Cooper, 15 Hilltop Avenue, with ref e'ence to the condition of the streets in the Farmcrest area following the installation of a sewer main. Mr. DeFoe said that the streets could be patched, but he does not recommend it. Another solution would be to put on calcium chloride or oil to lay the dust and he thought the oil would be best. It was agreed that Mr. DeFoe would not do any patch- ing, but he would treat the streets as soon as possible to reduce the dust nuisance. Mr. DeFoe again requested permission to renew insur- ance policies expiring July 1, 1950, and explained that he has only one letter on file from a prospective new broker and that is Mr. Donald Fifield. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to place the insurance formerly held by George Gosbee, now deceased, with Donald M. -Fif field;.all other policies expiring July of this year to be renewed with the agents now holding them. 103 Softball Play Area Streets in Farm - crest Area Insurance 104 Ryder Damages - Sewer Raimo Extension Mr. DeFoe read a letter which he received from Converse Hill with reference to insurance coverage on the East Lexington Fire Station' end was instructed by the Board to handle this the same as the Fiske School insurance was handled. Mr. Harold E. Stevens, Town Counsel, arrived at the meeting at 7:20 P. M. Mr. DeFoe referred to Mr. Ryder's request -for damages due to sewer construction. He explained that leaks in the sewer line on the right hand side of Waltham Street, caused water to go, onto Ryder's land on the left hand side about one-half way down-Walthars Street and the Vine Brook. The -town plugged the man- hole cover and put a rock on•it, but someone rolled the rock off. The first 200 feet is now dried out and from there on Mr. DeFoe plans to correct the condition, but Mr. Ryder wants the Town to remove the muck for a depth of six inches all the way from Waltham Street out to the South Branch of Vine Brook, a distance of about 500 feet and replace it with gravel. Mr. DeFoe said that as soon as the leak is corrected he cannot see what damage it will cause. The Chairman asked if the work Mr. Ryder has re- quested would be done on the Town easement and Mr. DeFoe replied in the affirmative. Mr. Stevens asked if Mr. Ryder used the easement and Mr. DeFoe replied in the negative. Mr. Stevens asked if Mr. Ryder has been using the land and Mr. DeFoe replied in the negative. He said that it is waste land and in a very short time the con- dition will be corrected. Mr. Stevens suggested that this subject be discussed with Mr. Ryder when he meets with the Board later in the evening. Letter was received from the Raimo Contracting Co. requesting an extension of completion time on the Sewer Project, Contract B job. • Mr. Stevens said that if an extension is granted, the Board would have to so vote. At the Chairman's request Mr. Stevens dictated the following vote,. passed by the Board: That the time for completion of the sewer job under contract to Raimo Contracting Co., designated as Contract B North Branch Vine Brook, be extended until September 5, 1950, as re- quested by Raimo Contracting Co., and assented to by the Continental Casualty Co. as surety; but without in any- way relieving the Continental Casualty Co. from their obligations under the bond covering the contract with A. D. Daddario. 1 1 1 Letter was received from the Arlington Board of Selectmen with reference to Bill No. 1366, filed with the Legislature which calls for land located in Cambridge adjacent to -the Concord Turnpike, and under the jurisdiction of the M. D. C. to be transferred to the M. T. A. in anti- cipation of the extension of rapid transit from Harvard Square to Arlington. Mr. Stevens recommended that the Board acknowledge receipt of the letter and state that the Board will look into the matter. Mr. DeFoe said that he would like more information relative to the installation of a water main in Woburn Street from Lowell Street to the Woburn line requested by Mr. Ryder. If this line is to take 100 or more houses he thought it should be a 12" main and would cost approx- imately $20,000. Mr. Stevens said that he does not like the proposition and does not think it practical. Mr. Stevens informed the Board that he has three copies of the contract for the construction of the toilet facilities at the Center Playground. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to sign the contract between the Town of Lexington and Rich Brothers Construction Co., Inc., for the construction of toilet facilities at the Center Playground. All three copies of the contract and threesets of plans were taken by Mr. Stevens. Mr. Stevens left the meeting at 8:20 P. M. Mr. Edward L. Crown and Mr. Wilson met with the Board at Mr. Crown's request, relative to the group of men who congregate and park cars at Curve Street and Independenct Avenue. ori` Both individuals complained about the noise and parking of cars. Mr. Crown agreed to obtain the registration numbers and forward them to Mr. Gay at which time further consideration will be given the matter by the Board. Messrs. Crown and Wilson retired at 8:35 P. M. Mr. DeFoe asked to what budget item the inspection of construction of roads in developments is to be charged. He said that he does not know of any budget to charge his item unless it is absorbed by the drainage and water budgets. He further stated that he thought this was an unforeeen expense and would warrant a transfer from the Reserve Fund. The Chairman asked if a new account would be established and Mr. DeFoe replied in the affirmative. 105 Bill Ryder Request for Water on Lowell Street Toilet Facilities Contract Complaint Inspection of roads construc- tion 106 Barnes Property Ryder rd request for water on Lowell St. The Chairman inquired as to the amount of money involved and Mr. DeFoe said that he and Mr. Burns thought it would be in the vicinity of $1,000 but it is dif- ficult if- ficult to make an estimate as there is no way of know- ing how many developments will be involved. Mr. Hoyt suggested that this might be considered as an engineering item but the Chairman felt that it was not wholley engineering and involves water and drainage inspection. He suggested that Mr. DeFoe confer with the Town Accountant and Mr. DeFoe agreed. Mr. DeFoe reported further on the contemplated repairs to the Barnes property. The Chairman said that he thought the Board should inspect the property with Mr. Custance and requested Mr. DeFoe to arrange a meeting for that purpose. Mr. Robert L. Ryder met with the Board at 8:45 P. M. He said that he would like to refer to his request for the Town to supply water in connection with the de- velopment of his property in the area of the Woburn - Lexington line. The Chairman stated that the Selectmen have been discussing this subject and are not, in general, in favor of the precedent. He said that he did not know where the money would come from and if the installation is made, no doubt pressure would come from people using the water to have the rates reduced. Mr. Ryder explained that the Town would be dealing with the City of Woburn 'and not individual property owners. Mr. Stevens explained that if the Town sells water to Woburn at the same price charged Lexington people, the city of Woburn would undoubtedly charge a higher rate and as a result the consumers would be paying more for water than other individuals. He further explained that if Lexington charges any less, there will be trouble with the Veterans' Hospital. Mr. Ryder said that this installation would be, saving the City of Woburn a considerable sum and the City might be willing to sell the water at a cost. Mr. Stevens said that Lexington would have to run a main to the Woburn line and put a meter on there. The water would have to be sold to Woburn at the regular price Or .reduce the price charged to the Veteran Hospital and he does not think that Woburn would consent to selling the water without making money on it. He further explained that permission would have to be obtained from the M. D. C. The Chairman said that the Board has numerous requests for water that can't betaken care of and it does not seem to him that there would'be any justification to proceed with this project. 1 The Chairman asked if Woburn joined Mr. Ryder in his request and he replied that this is one of three propositions discussed. He said that there would be about 300 houses involved. Mr. DeFoe said that he very definitely felt that an 8" main would be too small and recommended a 12". Mr. Stevens said that he thought the City of Woburn would expect Lexington to do the construction up to the boundary and suggested that Mr. Ryder tell Woburn that Lexington could only sell the water at retail. The Chairman explained that the annual budgets had been figured in January or February and if $18,000 or $20,000 is used for this unforseen item the entire program would be disrupted. Mr. Stevens said that the Selectmen should not entertain any such project until some expression is received from the City of Woburn. Mx'. Ryder said that if the proposition is not possible, that is all he wantsto know. The Chairman said that he could not see any way.•: out of. it at the moment. Mr. Ryder asked if it was the Board's intention to keep the dump on Lincoln Street burning all the time and Mr. DeFoe replied that only when it is neces- sary. The method of operation of the dump was discussed at length aid Mr, Hyder said that burning at the. dump was a nuisance and asked if the Town has the right to maintain a nuisance. .Mr. Stevens said that whether it is a legal nuisance is another matter;. a.id Mr. Ryder said that• he would withdraw his question, but he does not thinly the Town has. He said that if it is continued there will be trouble which he doesn't want if he can help it. Mr. Stevens said that other towns have the same problem and the pending report to the Legislature is the only permanent answer. The Chairman asked if Mr. Ryder had any suggestions as to how the dump can be maintained better and he re- plied that he does not think it is necessary to burn; that creates a nuisance and he does not think the Town has any legal right to do it. :Mr. Ryder asked what the answer is to the over- flowing manhole in the North Branch trunk line sewer. Mr. DeFoe explained the situation to him and he agreed to go over the area and inspect it again. He said that the last time he looked at it, conditions Were bad but he has not been there for two or three weeks. Mr. Ryder stated that he is not ready to discuss the damage to trees on his property on Lincoln Street which he claims was caused by fire in the dump. Mr. Stevens explained that the only information he has is'that the fire did not start at the dump. Dump 107 108 Mr. Ryder said that he had the admission of the man running the dump that it did start from the dump, blew across the street and started up the hill. Mr. Ryder retired at 9:40 P. M. Mr. Stevens read a letter received from Mrs. Sexton a copy of which was given to the Board relative to 45 Legal Waltham Street. Issue the Chairman suggested, and the Board agreed, that this subject be handled by Mr. Stevens as was previously decided. Mr. Stevens retired at 9:55 P. M. At the Chairman's request, Mr. Gay conducted the meeting for the remainder of the evening. Mr. DeFoe reported further on the proposed sewer for Somerset Road and explained that the cost will be Somerset approximately *1,p6O of which the Town may collect in Road betterment assessments $1,090. Sewer Mr. Emery asked Mr. DeFoe to discuss this with.Mr. Coleman, an abutter, and report again next week, and also to bring in a list on.sewers. ,Application was received from the Arlington Gas • Light Company for permission to locate a gas main in Gas Harding Road to service a new house at #65. Mr. DeFoe Main and Mr. Burns both approved the proposed location. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to grant the request. Mr. DeFoe retired at 10:25 P. M. Letter was received from Mr. Carroll, together with copy of letter from Mr. Grindle, advising that it will be necessary to remove the Precinct One voting material • stored at the Adams School inasmuch as the space is needed for a classroom. The Clerk was instructed to request Mr. DeFoe to have the material removed from the Adams School and stored in Cary Memorial Building. Report was received from Mr. Garrity relative to Mr. Play area Thyng's property at 676 Marrett Roads The Recreation Marrett Rd. Committee had, at a previous meeting, informed the Board that Mr. Thyng would like to have the Town mow the grass so that the land could he used as a play area for children. No action was taken. Voting Material Prec. 1 Elementary School Sites Com. Letter was received from the Town Clerk advising the' Board that Mrs. Ruth Morey and Mr. Myron Fisher will repre- sent the School Committee on the Elementary School Sites Committee. Mr, Emery designated Mr. William H. Driscoll and Mr. Lewis L. Hoytto serve on this committee as representatives of the Board of Selectmen. 1 109 A lengthy letter was received from Mr. Worthen with further reference to the question of a new Office Building. Town Office Mr. Nickerson suggested that Mr. Emery advise Mr. Building Worthen that approximately $2,000 will be expended on the property with the idea that in ten years it may be necessary to put an addition on the Town Office Building. Letter was received from Susan Gillingham, 14 Oakland Street, offering $100 each for lots 30 and 31 Rill- Tax Title crest Street. Property The Committee on Tax Title Property recommended $200 for er oh lot, and the Clerk informed the Board that there is a water betterment assessment of $225 on Lot 50 and $75 on lot 31. The Selectmen agreed to entertain an offer of - $200 for each lot and inform Ms. Gillingham of the assessments. It was also agreed to advise her that if the two lots are combined, the present Board would be inclined to abate the betterment 6r $75 on lot 31. Letter was received from Elbert Fisher, 197 Woburn Street, offering $100 each for lots 55 and 36 Hillcrest Street. The Committee on Tax Title Property recommended Tax Title $200 for each lot, and the Clerk informed the Board Property that there is a'water betterment assessment of $75 on lot 35 and $103.65 on lot 36. The Selectmen agreed to entertain an offer of $200 for each lot and inform Mr. Fisher of the assessments. The Board gave further consideration to William Curley's offer for lots 189 through 192 inclusive on Cliffe Avenue. A proposal to sell these lots was adver- Tax Title tised in the May 25th issue of the Lexington Minute Man. Property No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Hoyt moved that the offer be accepted and that Lots 189 through 192 inclusive, on Cliffe Avenue, be sold and conveyed to William Curley. Mr. Nickerson seconded the motion and it was so voted. Letter was received from the Town Clerk with a list of unlicensed dogs in the Town as of June first. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to sign the Warrant for the Dog Officer. Application was received from Robert N. Cann for permission to conduct a meeting in Estabrook Hall on the evening of June 20th, for the purpose of deciding the future of the Old Belfry Club. Mr. Nickerson moved that the use of the hall be granted free of charge. Mr. Hoyt seconded the motion and it was so voted. Dog Warrant Signed Use of Hall 110 Use of Hall Application was received from Helen H. Hager re- questing the use of Estabrook Hall on Thursday, June 15th for a meeting of Community Concerts. Mr. Emery moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to grant the following licenses: Licensee Lexington Theatre, Inc. Sunday Movies Countryside Associates Sunday Golf Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to sign the following sewer orders: BowAStreet from existing manhole northeasterly and distant approximately 380 feet. Cliffe Avenue southerly and distant approximately Sign 100 feet. Sewer Cummings Avenue from Bow Street northwesterly and Orders distant approximately 340 feet. Fern Street -from Pleasant Street southwesterly and distant approximately 1,070;f eet. Pleasant Street from Mass. Avenue southwesterly to Fern Street. (Copy of all above orders under Sewer Orders, Select- men's Files, 1950.) App't. The appointment of the Fire Engineers was held over. The meeting adjourned at 10:55 P. M. 1 A SELECTMEN ' S MEETING June 19, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, June 19, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Nickerson, Driscoll and Hoyt were present. The Clerk was also present. Mr. DeFoe, Suplt. of Public Works met with the Board. He reported that, as directed by the Board, he had conferred with Mr. Walker, Town Accountant, relative to inspection charges for developments. Mr. Walker believes that a transfer should be made from the Reserve Fund for engineering, not only for road con- struction inspection, but also the water and drainage. He suggested that Mr. DeFoe meet with the Appropriation Committee this evening which he agreed to do. Mr. DeFoe informed the Board that Mr. Howard Custance advised him that he does not want any of the material from the proposed alterations at the Barnes property. (Further -consideration was given to this subject later in the evening.Q Mr. DeFoe again submitted a sketch of Reed Street, showing a triangular piece of land, in the middle of the street, with relation to Mr. Jellie' request of June 2nd for the extension of water to service a house which he intends to erect on Lots 5, 6 and 7, Block 91, Reed Street. He explained that insofar as he has been able to determine no one owns this parcel of land. The Assessors have no record of ownership on their books and the registered plan does not show any owner. The Chairman stated that before the Town makes entry for a water main, the legal background of the triangle should be cleared. He explained the situation to the Town Counsel when he arrive at the meeting and Mr. Stevens agreed to look into the matter. Mr. DeFoe reported further on Mr. McConchie's request to take an extension from the water pipe now installed on the sidewalk line of the Selfridge property to service a house which he intends to build on land at 152 Adams Street. Mr. McConchie wants pefmission to have a meter installed for a single family house, installation to be at his ex- pense and under the supervision of the Town. Mr. DeFoe informed the Board that Mr. McConchie will obtain an easement from Mr. Selfridge and he is also will- ing to pay a fifty foot frontage water assessment for the water main in Adams Street. /1/ Inspection Charges Barnes Property Jellie request for water //d Brush at Reservoir Drainage Waltham Street Palladino The Board agreed to grant the request subject to the details being worked out by Town Counsel. Mr. DeFoe reported that he had conferred with Mr. Garrity, Supt. of Parks, relative to the possibility of cleaning the brush between. the Reservoir and Marrett Road. Mr. Garrity advised him that, due to the volume of. work on hand, he will not be able to do anything in this area until some time in October. He felt that he could clean the undergrowth at a cost of approximately 40250. Mr. Burns arrived at the meeting at 7:30 P. M. Mr. DeFoe presented a plan showing the existing drainage on Waltham Street. He explained that the drainage necessary to take care of the complaint, dated April 17th, and submitted by residents in the Concord Avenue --Waltham Street area, will involve an expenditure of about $8,500 for drainage only and has nothing to do with mosquito control. Messrs. DeFoe and Burns retired at 7:35 P. M. to meet with the Appropriation Committee to discuss funds for engineering supervision on new developments. Mr. Stevens, Town Counsel, met with the Board. Instrument was received, signed by Alexander Palladino and Mary Palladino, with quitclaim covenant- ing a certain parcel of land shown as lot 3B on a plan entitled "Plan showing Subdivision of Lots 1, 2, 3 and 7 Massachusetts Avenue, Terrace Development and Proposed Drain Easement, Lexington, Mass., Scale 1 in. = 40 ft. Oct. 4, 1949, William M. Burns, Town Engineer". The granted premises are conveyed subject to and with the benefit of restrictions of record so far as now in force and applicable and subject to an easement ten feet in width extending across the same as shown on said plan. W. Stevens took the original document and left ,a copy for the Selectmen's files. He also presented for the Board's signatures a deed conveying Lots 1A, 2A and 7A shown on a plan entitled "Plan Showing Subdivision of Lots 1, 2, 3 and 7 Massachusetts Avenue Terrace Development and Proposed Drain Easement Lexington, Mass. Scale 1 in. = 40 ft. Oct. 4, x.949, William M. Burns, Town Engineer". Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign the deed conveying the above lots to Mary Palladino. Mr. Stevens submitted a deed, prepared by him, con- veying lots 189 through 198, inclusive, Cliffe Avenue, to William and Elizabeth T. Curley, 68 Cliffe Avenue. 113 Upon motion of M. Gay, seconded by Mr. Driscoll, Tax it was voted to sign the deed conveying lots 189i�198 Title inclusive, Cliffe Avenue to William and Elizabeth T. Property Curled. - The Chairman reported that Mrs. Rose Scurto and her husband had conferred with him relative to the Court decision ordering the removal of their building on Zoar Scurto Avenue by June lst. Case He explained that the Scurtos would like more time and he was under the impression that they are trying to de: what is right. It was agreed that the Town Counsel should confer with the Clerk of the Court on this case. Mr. Stevens reported that Lots 17 and 19, Valley Road, which are on the Town records in the name of Joseph Massucco, have been taken by the Commonwealth in connection with the relocation of Route 128. The Attorney General's office regard M. Massuceo's title Legal Issue defective because of an apparent tax title to these lots re tax title in the Town. lots The lots were apparently taken for nonpayment of taxes, but were sold by the Town; Lot 17 being sold in 1922 and Lot 19 in 1998. The Assessors report them to have -been assessed to Massucco and his prodecessors in title for these many years and recommend that the title be clarified by a release by:thet,:Town of any interest it might have to these lots. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize the Town Counsel to prepare whatever instruments are necessary to clarify the title of the two lots. The Chairman mentioned Mr. Iovino's request for a water extension to enable him to water his garden located on Winter Street, and said that he would discuss this further. with Mr. DeFoe. At 8:00 P. M. hearing was declared open upon the application of Peter Salvucci for permission to stare 2,000# of dynamite on Route 128, near Robinson Road, on State property. Mr. Salvucci, Mr. Shea, Chief Engineer Cook and sevetn other persons were present:. Notice of the hearing was read by the Chairman:and the application approved by Chief Engineer Cook. Mr. A. W. (CIl:evelend;, Robinson Road, said that he would like to know how the dynamite is stored. Mr. Shea ih$ormed the group that he is in businessfbr himself but was present this evening to help Mr. Salvucci. He explained that the explosives would be used in the con- struction of Route 128 and they have had difficulty in transporting the material through the Town three or four times a day. 114 Salvucci Hearing on Storage of Dynamite He explained that he has discussed this with the State' Fire Marshall and also Chief Engineer Cook. Both agree that it. would be safer to store the material on State property. He explained that the magazine is approved by the State and the State Legislature has published - laws on this particular material. He stated that the magazine is locked and under guard. It is not, however, guarded twenty-four hours a day and the State does not require it. They do require that it be guarded during working hours and it be properly marked. He also explained that they only want the permit temporarily for conveience while doing the job, and there is no desire to maintain the magazine for any definite period of time. He stated that the magazine will be in the bank on three sides and there will be only one open side; it can't catch on fire and is amply protected. Mr. Gay inquired as to how close, -.the nearest house is located and Mr. Shea replied that the nearest house is 2,000 feet away and that it is not occupied. Mr. Gay inquired as to the extent of damage that might be caused to this house if the magazine exploded. Mr. Shea said that he doubted if it would cause any damage and explained that the amount stored is governed by the Rules and Regulation of the Department of Public Safety. One can only store what the State's table of distance applies to. If the magazine has an embankment the distance can be cut down. Mr. Hoyt asked how long it would be necessary to store the dynamite and Mr. Salvucci replied that at the most it would be for a period of two months. Mr. Stevens asked if the State Inspector said how much dynamite could be -stored and Mr. Shea replied that it is determined by the Staters table of distance. He said that he could square it off the plans and it is an engineering plan. Mr. Stevens asked what the minimum for storage would be and Mr. Shea replied that he thought about 3000#. He asked Chief Engineer Cook for his comments. Chief Cook said that everything has been done accord- ing to State laws and that the State Fire Marshall came out, inspected and approved the magazine. He stated that. according to the location of the magazine Mr. Salvucci is, entitled to store 3,000# and hepersonally believes that the magazine is located in the proper place for all con- cerned. Mr. Shea explained that they take all possible pre- cautions in looking it up and Mr. Salvucci stated that the Police patrol the area at his request. The Chairman asked if anyone present wished to.be recorded in.oppositiLn and no one made any reply. The hearing was declared closed at 8:25 P. M. and the group retired. San 41 1 115 Mr. Nickerson said that, in the absence of opposition, he could see no reason for not granting the permit. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted -to grant the application of Peter Salvucci for permission to store 2,000# of dynamite on Route 128, near Robinson Road, on State property. Bearing was declared open upon the application of Robert E. and Ann P. Field, d. b. a. Pine Hill Gasoline Turkey Farm for permission to store 300 gallons of Hearing gasoline in an underground tank at 2938 Massachusetts Avenue. The application was approved by Chief Engineer Cook and notice of the hearing read by the Chairman. The petitioners were the only persons present at the hearing. Upon motion of Mr. Gay, seconded by Mr. Nickerse n, it was voted to grant the application. Mr. {I.nd Mrs. Field retired at 8:20 P. M. Mr. and. Mrs-. Newell Dearborn, 945 Waltham Street, Mr. George Forten, 382 Concord Avenue, Mr. Herbert Abbott, 922 Waltham Street, Mr. Carlton Bennett, Treasurer of the Abbott Spray and Farm Equipment Com- pany, and one other individual met with the Board relative to petition submitted by them and others, requesting relief from surface drainage and mosquitoes. Mr. Forten said that the problem seems to be the fact that the front of Mr.. Abbottts building at 922 Waltham Street is being flooded by surface Drainage water which comes from the hill at the rear of his Waltham building and down Concord Avenue. He explained that Street there is no way for this water to drain off the street except onto his property which`is on the west side of •Waltham Street; the property behind the corner. He explained that there is a culvert under Waltham Street, but as hear as he is able to figure it out, it does not seem to be low enough to take the water from Mr. Abbott's side of the street to his side. He said that it does ouase a mosquito problem which, however, has not been too bad this year because of the spraying. The Chairman explained that the. Selectmen have• had the Supt. of Public Works and the Town Engineer look into this and the drainage alone will cost approximately $8,500. He said that this petition is the first the Board has heard about the conditions and accordingly it is not one of the projects in the long list of pro jeate Whichwere figured for the annual budgets. He said that he did not know where the money would come from. He explained. that it has not yet been determined whether or not there is a drain which can be fixed tem- porarily, but insofar as any large project is concerned, there are just no funds available. 116 Mr. .Carlton ..Bennett said that part of the problem is water_in the street which collects from three to six inches deep. Mr. DeFBe arrived at the meeting at 8:35 P. M. Mr. Abbott said that the water comes down Concord Avenue and flows into the corner towards Waltham Street. His property is in a hollow and the water has no place to go and as a result it drains off onto his property. What can go through the culvert goes, through, but what can't go through stays in the street. He said that he thought some relief could be effected if the depression in the street were corrected. The Chairman asked the group to give the Board another week to investigate the subject and agreed to advise them of any decision which may be made.. The group agreed and Mr. Porten told the Board that he would have no objection to an open ditch on his land. The group retired at 8;45 P. M. Mr. Emond, representative for Mr. Innis, met with the Board relative to the lots on Ellison Road. Mr. DeFoe reviewed the situation and presented a sketch of the lots in question and explained that Mr. Emond now wants permission to build on Lot 30 at the corner of Leroy Road and Ellison Road. Emond re: Mr. Stevens said that he could not see why Mr. Emond 'water instal- could not proceed to extend the water to service the lots lation upon which he is going to build. Mr. Emond left the meeting at the Board's request. Mr. Stevens said that Mr. Emond should install the drain as Mr. DeFoe recommends and he should also be told that the Town Counsel will prepare an agreement. Mr, Emond returned to themeeting and the Chairman told him that the Board is disposed, as a general policy, to try and work out something that will be satisfactory. He suggested that Mr. Emond make an appointment with Mr. DeFoe, arrive at some understading and then the Town Counsel will prepare whatever agreement may be deemed necessary. He explained that the Board is desirous of working out something that will be practical from the Town's pointof view and also legally correct. Mr. Emond agreed and retired with Mr. DeFoe. The following members of the Recreation Committee met with the Board: Chairman Foley, Messrs. Person and Potter. Mr. Garrity was also present. Doctor Foley said that they have had trouble with the toilet facilities on the Center Playground and that there are three possible solutions to put in a solid foundation with no chance of the building settling. One solution would be, after taking borings, to sink wooden pi],es to a depth of about 20 feet under the foundation and then a poured concrete foundation reinforced on top of that. Rich Bros. estimate the cost of this to be $4,192. 1 1 1 1 117 Another method would be a concrete wall construction. This consists of added concrete footings and reinforced concrete wall in lieu of the original plans. Two feet of gravel will also be put beneath the slab. This method will cost an additional $2,380. The third solution is to move the building about forty feet in towards the tennis courts. This would be a new locationand for the entire building, in- cluding backfilling, of the original location, excavating the new location, adding sewer pipe and about forty feet of trenching the extra cost would be about $1,075. Doctor Foley explained that this is based on what the soil analysis expert recommended and the borings that have been taken. He said that in the forty foot change, Toilet there is an almost complete change of soil strata. Bldg. The Chairman asked if the borings were completed Center and Doctor Foley said that three had been taken and Play - he did not know if there would be more. ground The Chairman asked if the architects were satis- fied with the new location and Doctor Foley read a letter received from them. He said that he has not received g final report from the soil analysist but he would judge that they are satisfied that the new location is much firmer soil. Mr. Person explained that $150 has been spent for borings and approximately x$30 for soil analysis. The Chairman asked if the amount needed would be $1,500 and Doctor Foley agreed. The Chairman explained that the Recreation Com- mittee would have to request the Appropriation Com- mittee to make a transfer from the Reserve Fund. . Mr. Stevens advised the Recreation Committee to request the transfer on the assumption that it can be done. The group, with the exception of Mr. Garrity, retired at 9:30 P. M. Mr. Garrity suggested that some agreement be made with Mr. May of the Lexington Nurseries whereby Mr. iday could use the parcel of land in front of the MLmroe Land at Station for plants, without advertising. Munroe The Chairman asked if this would be in lieu of Station the Park Department maintaining the area and Mr. Garrity replied in the affirmative. The Chairman agreed to obtain a copy of the vote whereby the Town acquired this land and to re- quest the Town Counsel for an opinion. He further agreed to contact the donors. Mr. Garrity retired at 9:35 P. M. 118 Mr. W. S. Couette met with the Board, and explained Rezoning that his purpose in being present this evening is in Russell connection with the matter of rezoning the Russell House Property property. He .said that by putting this property in Special a Zone 1 it would accommodate the proper development Town Meet- of Garden Apartments and a twenty room hotel with ing restaurant with provision for parking. - He explained that time is important, The Planning Board had hoped to be able to complete the Zoning By-laws by this time and could they have been completed this matter would have followed along in its course. He said that the Town Counsel has advised the Planning Board that it would be im- possible to act on the Zoning By-law in its entirety - until Fall. Mr. Couette said that Warren Russell, whose property has been in one ownership for a considerable number of years is forced to do something about the property. years, has been operating under permission of the Board of Appeals. In order for proper capital to become interested in the property they would hesitate t� be subject to' ideas of some future Board of Appeals. He said that, furthermore, he has made studies with very good operators to exhaust every possibility of the use of the present building for hotel and restaurant purposes and in every case was given the advice that it is not practical. He said that 75% of the inquiries received came from people who were interested in maintaining a convalescent home and that he, personally, does not think this would be the proper development of the property. Mr.-Couette said that there has been, for a • long time, a need for a proper hotel in this town of modern character and also a very definite nsed for apartments that would not impose too much of a burden on the Town. Therefore, he has an agreement to purchase, on which a deposit has been made, providing a change in zoning is allowed. The Chairman asked if there was a deadline and Mr. Couette replied that he had until July 15th. He explained that it will be impossible for Mr. Russell to carry through until Fall, and he wanted to point out to the Board the need for a Speci&1 Town Meeting. He would like to have the meeting called for some time in July, after the Planning Board hearing on the 10th. He said that it becomes a question of the Selectmen to give consideration as to whether they would call a Town Meeting or whether they would require the petitioner to circulate a petition and secure signatures, He said that if the Selectmen think this is of enough importance to the Town to call a Special Meeting he would appreciate it. Otherwise, he will have CD 1 119 to obtain the signatures requesting the meeting. The Chairman said that, granting this is just as important as Mr. Couette says, there would be other people in the future who might have projects that they considered very important and he questioned the wisdom of the Selectmen calling the meeting. He said that he would prefer not to have the Board start such a thing. Mr. Couette said that he appreciated the Boards position and that the signatures could be provided if the Board so elected. The Chairman said that the Board would discuss the subject and give Mr. Couette an answer in a day or two. Mr. Couette retired at 10:00 P. M. The Chairman asked how the Board felt on the subject. Mr. Nickerson said that if the Board calls the meeting it would be quite definite that it is in favor of the project. Mr. Hoyt said that this is so important that he believes the Board should call the meeting, but by calling the meeting he did not think that the Board would be endorsing the project. Mr. Gay said that he would be willing to endorse it but he questioned whether or not the Board would be crisicized later on the background of it. He said that he like it very much. Mr. Hoyt said that a Board could always be criticized and he thought this was vitally important to the Town. He said that this is a situation which he thought the Board should encourage and promote. Mr. Gay agreed. Mr. Driscoll said that there is no question but that the Town needs this and he would vote for it. The Chairman asked if Mr. Driscoll, as an individual, was in favor of the Board calling the meeting, and Mr. Driscoll replied that as a member of the Board he would vote for it. The Chairman asked if he meant he would vote for it on the Town Hall floor or to call a Town Meeting. He said that he has thought .the Town would lose an opportunity if Mr. Russell has to dispose of the property. Mr. Gay asked if it would look better to obtain the signatures and Mr. Hoyt said that he has no objection to securing the signatures, but he thought the Board could very safely take the initiative. It was agreed to advise Mr. Couette to secure the signatures requesting a Special Town Meeting and have his attorney proceed with wording the article which, in the Board's opinion, isnot the duty of the Town Counsel. Mr. Stevens retired at 10:25 P. M. 20 Mr. Gay, at the Chairman's request, conducted the meeting for the remainder of the evening. Opposition Petition was received, signed by 358 residents to Liquor of the Waltham Street-Marrett Road area opposing Store the granting of a liquor license in this location. The Clerk was instructed to send a copy to the members of the Board. Deny O'Connor Letter was received from the Five Forks Associ- Sunday Sales ation Committee requesting a public hearing before License a license is issued for the sale of ice cream on Sundays at the Five Forks. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to deny Mr. John F. O'Connor's application for a Sunday Sales License at 271 Lincoln Street, in view of the traffic hazard and opposition' of the people living in the vicinity. Letter was received from Norman J. Beckett, offering $75 for Lot 2, Block 69 on Va3:ey Road. Tax Title The Clerk was instructed to advise Mr. Property Beckett that the Board is not in favor of disposing of Lot 2 without Lot 1, but prefers to sell the two lots together, and will, therefore, entertain an offer of $75 for each lot. Letter was received from John A. May 77 Valley Road offering $100 for Lots 31, 32,33 and 34, Block Tax Title 73, Myrtle Street. As a result of the construction Property of Route 128, Mr. May will have to move hispresent home and would like these lots upon which to locate his house. The Committee on Tax Title Property re- commends a price of $200. Mr. Hoyt moved that Mr. May be advised that the Board will entertain an offer of $200. Mr. Nickerson' seconded the motion and it was so voted. Further consideration was given to Mr. Thomas Tax Title Davidson's offer of $1,200 for a parcel of land on Property Valley Road, formerly owned by Burr. The Selectmen had informed a prospective purchaser some time age that the price for this land was $1,400. The Committee on Tax Title Property appraised the property at $1,400 and the. Clerk informed the Board that the Committee believes it is within the Board's jurisdiction to sell the land at whatever price it so desires. Mr. Emery moved that Mr. Davidson be advised that the Board will entertain an offer of $1,400. Mr. Hoyt seconded the motion and it was so voted. CD 1 121, Petition was received signed by residents in the vicinity of Taft Avenue requesting that the Bus Route proposed bus service in that area be modified, and Petition that an alternate route on Oak Street only be selected. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign deed, prepared by Town Counsel, conveying lots 42 and 43 Hillcrest Street to Wallace N. and Eunice R. Foskett, 98 Orchard Street, Somerville. Upon motion of Mr.'Driscoll, seconded by Mr. Emery,'it was voted to sign deed, prepared by Town Counsel, conveying veteran lot #12, Cedar Street, to Leonard Jellis. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign deed, prepared by Town Counsel, conveying lots 189-198 inclusive, Cliffe Avenue to William and Elizabeth T. Curley. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant the following licenses: Lexington Theatre Sunday Movies Countryside Associates Sunday Golf Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to sign the following Sewer Orders: Fottler Avenue from Bow Street, northwesterly and distant approximately 140 feet. Drew Avenue from Bow Street northwesterly and distant approximately 260 feet. (Copy of orders in Selectmen's Files, Sewer °rders, 1950) A list of proposed jurors was mailed to the members of the Board for consideration. Upon motion of Mr. Nickers)n, seconded by Mr. Driscoll, it was voted to approve the list of jurors for 1950 as follows: (Quote) The Board discussed the proposed alterations to the Barnes property. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to proceed with the following work: Tax Title Property Sign Deed Vet. lot Sign deed Licenses Sewer Orders Jurors 122 Windows (4) $150 Cover shed roof at rear of bldg.372 Porch 534 Shingle roof 340 Garage 545 New Bulk head 50 Trees 100 Extras for porch 100 Remove oil tank 25 Fill and loam 100 Total $2,016.00 The meeting adjourned at 11:25 P. M. 1 128 SELECTMEN'S MEETING June 26, 1950 A regular meeting of the Board of. Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 26, 1950, at 7:00 P. M. Chairman Pinery, Messrs. Nickerson, Driscoll, Gay and Hoyt were present. The Clerk was also present. Mr. DeFoe, Supt. of Public Works, Mr. Burns, Town Engineer, Mr. Peter Salvucci and two representa- tives of The Dow Company met with the Board for the opening of bids for the construction of Watson Road and the trunk sewer - Route 128. Only one bid was received on each project. Sewer Mr. Salvucci bid $12,963.00 for the sewer cross- Bid ing Route 128 at Brook Street and 45,575.15 for the sewer crossing Route 128 near Grove Street. A certified check in the amount of $906.80 was submitted with the bid. The Dow Company bid $3,639.15 for the construction of Watson Road and a certified check in the amount of $181.96 was submitted with the bid. The bidders retired at 7:09 P. M. Formal action was taken on the bids after the Clerk had left the meeting. The Chairman advised that upon motion duly made and seconded. it was voted to accept the bid of the Dow Company for the construction of Watson Road. Action on the Salvucci bid was held over. Mr. Stevens, Town Counsel, met with the Board at 7:15 P. M. Mr. DeFoe reported on plan to overcome the drain- age condition at the corner of Concord Avenue and Waltham Street, and presented a sketch showing the culvert in the road which was installed years ago. He said that fill should be put in to drain the area completely or the whole area should be piped. Mr. DeFoe said that water from Waltham Street runs in from both aides and it appears to him that the Town has some obligation to remedy the condition. -Mr. Stevens said that if the town does any work here, he thought that the Board, by letter, should disclaim any responsibility. Watson Road bid Drainage 124 Raimo Bids Mr. Burns asked on what basis the town could do any work if responsibility is disclaimed. Mr. Stevens said that the Town would be doing the work but not admitting any situation, merely taking care of a difficulty. It was agreed that Messrs. Stevens, DeFoe and Burns would view the area for further study and report on July 10th. Mr. DeFoe reported on the status of the Raimo con- tract and informed the Board that the work is going very slow. He had a orence with Mr. Lundergren and there is no repair work being done and the backfilling. is going very slow. Raimo claims there is not suitable backfill left where Daddario took out the ledge, and he wants to be paid for the backfill: Mr. Lundergren estimates.it at about 800 yards. Mr. DeFoe said that he is inclined to agree with Raimo and he has discussed this with Mr. Shaw who is going to write a letter on the subject and forward a copy to Mr. Stevens. He said that Raimo has not started the repair work and refuses to pay the men the prevailing wage rates that are being paid in Boston. He said that the Work will definitely not be completed by September 5th. Mr. Stevens said that he should receive a letter from Mr. DeFoe which he would then forward to the bonding company. The Chairman asked if bids could be opened if only one member of the Board were presetlt and Mr. Stevens replied in the affirmative. He said that the Board could designate the time of the opening. The Chairman asked if it were necessary for the Clerk to be present to make a record of the opening of bids and Mr. Stevens replied that offhand he did not think so. He said that he could not see why they had to be openedat a regular meeting of the Board. It was agreed to invite bids for the Bow Street and Fern Street sewers opened on July 14th at 5:00 P. M. The Chairman said that it would not be necessary for anyone other than he, Mr. DeFoe and the Clerk to be pre- sent. Bar. DeFoe presented each member of the Board with two Ellison proposals for the Ellison Road development. Road The Chairman asked if Mr. DeFoe and Mr. Burns had a Develop- common mind as to what they thought is practical and what ment is not. Mr. DeFoe replied that he does not think Mr. Ellis should build on the lots where cess)Roofs will.not function properly, but he did not think the 1.own could prevent it. He said that his definite opinion is that houses can never be built on Lots 22-29 and be properly serviced by cesspool or septic tanks. 1 1 Mr. Burns said that the lots are legally recorded and he did not see how the Town could prevent building houses on them. Mr. Stevens said that if an agreement were made whereby these lots would not be built upon there might be some question about whether or not it would be legally Valid. He said that he did not think any conveyancer would pass title to the property with much an agreement. Mr: Stevens said that he had tried, without success,:to contact Mr. Emond, who represents Mr.Ellis, and thought that nothing further could be done this evening. Mr. Burns reported that his men went down to Zoar Avenue today and were ordered off by Mr. Pryzejemaki who said that they were trespassing on private property. He explained that under the special Drainage Act for Lexington the Town has the right to enter any property to conduct surveys but it would not apply to this -situation. Mr.'Stevens suggested that Mr. Pryzejemaki be advised that the purpose of the survey is to determine the exact location of the street so that the Town will know what is going to be done on the entire situation. Mr. Stevens said that he thought the Board should take the view that an Order has been issued by the Court and it is up to the Selectmen'to see that it is enforced and up to Scurtos to abide by it. Mr. Stevens reported on the status of the triangular strip of land in Reed Street with relation to Mr. Je11isT request for the exten- sion of a water main to. service Lots 5, 6 and 7, Block 91, and numbered 115 Reed Street. He suggested that the owner of the property have the title cleared. According to information obtained by Mr. Burns it may be necessary for a portion of Reed Street to be accepted by Town Meeting and he agreed to endeavor to locate further information. Mr. Stevens recommended that no installation be made until the status of the property in question was definitely decided. Mr. Stevens referred to the Chairmants inquiry;; relative to the Lexington Nurseries developing the plot of land in front of the Munroe Station. He explained that the vote of the Town accepting the parcel of land accepted it for Park,purposes and, in his opinion, it could not be utilized as suggested by Mr. Garrity. Messrs. Stevens and Burns retired at 8a0 P. M. 125 Zoar Avenue Jellis Request for Water on Reed Street Land.in front of Munroe Station 126 Boiler for Cary Memorial Building Mr. DeFoe and Mr. Kimball of the R. D. Kimball Company, met with the Board to discuss the proposed new boiler for Cary Memorial Building. The Chairman explained that the Board had been asked several questions relative to the proposed boiler and one was whether any thought had been given to the practicability or desirability of replacing , at this time, both boilers withone very large boiler. Mr. Kimball said that he would rather see two boilers, either one of them large enough to take on as is the usual practice, 3/4 of the load. In this way there is always one for an emergency to fall back on in case one of the boilers fail. He explained that with a boiler large enough to take 3/4 of the load, rooms that are not needed can be shut off. He stated that eventually the Town .may have an auto atic fuel boiler and, with only one boiler, if anyt'g goes wrong the buildings would be entirely cold, and this is not good practice. The Chairman asked if there would be any saving to the Town other than from the protection angle. Mr. Kimball replied that in the overall picture it would be more costly because the large boiler would have to fire for the most severe conditions of the winter and explained that there would still have to be a big fire. The first costs would be less because there would be only on.e'boiler. For a period of 20 to 30 years the Town would be paying more money for the one large boiler, and with two boilers, the secondcould always be used. He said that he was hoping, but he could not guarantee, that one boiler would take the load every day in the winter, and that it is three sections larger than the present boiler. He ex- plained that it is much more sufficient section by section. The Chairman asked if the thought of putting in two boilers was originally for practicability. Mr. Kimball replied that the thought then was for a third boiler. At the time Cary Memorial Building was built there was consideration given to two additional buildings. When the third building was built, the third boiler was to go in. He explained that his plan show three boilers dotted in and it would. be behind the present two boilers where the air tanks are located. The Chairman asked if the third boiler would ever be necessary if the present two boilers were replaced. Mr. Kimball replied that it would not be necessary for these two buildings. The Chairman asked about the third building and Mr. Kimball said that, with mechanical firing, two boilers, similar to the one he is proposing now, would take car of the three buildings. CO 1 1.27 The Chairman said that while the Board feels, or Mr. Kimball feels that the boiler should be replaced after 22 years, someone else has questioned it be- cause he knows of many instances in Boston where boilers have been in use for 50 years. Mr :Kimball said that is something no body knows. He stated that he has not obsery-ed the treatment of the boilers from year to year, but he did notice the last time he was in the building that the boiler was filled with water which is the way it should be. He stated that he did not know if that happened each year or not. The Chairman asked if it would be economically unsound to try and repair the present boiler rather than having it replaced. Mr. Kimball replied that some years ago the make of the boiler was discontinued, and that would indicate to him that there was some weakness in the boiler. The Chairman asked if Mr. Kimball felt the cost of replacing sections of the boiler would be too great. Mr. Kimball replied that if parts could be obtained for one or two sections,:he would still not know whether in the next month or so after the installation, some other section would go. He said that it is a gamble which he would not take and he did not think replacement parts could be obtained. He said that the Boston Office of the American Radiator Company told him that they have no replacement parts, and explained that there are thirty sections. Mr. DeFoe said that he does not know about the inside sections if the boiler is taken apart, and explained that just to take off the front and taking out two sections, inspecting them and re- placing them will cost between $1,000. and $1,200. He slid that to take the old boiler down and clean all the sections would cost about $2,500. Mr. DeFoe stated that a representative from the American Radiator Company was here and his idea was that it would be only a gamble. If the two sections were taken out and then put back they might last two years or maybe longer. He felt that if the first two Wections were badly rusted, all the sections should be taken out and cleaned. Mr. Kimball said that a number of boilers of this type and agehave been replaced;. Mr. Hoyt asked why and Mr. Kimball said that when the building was built they had all the faith in the world in the Amercan Radiator Company and that boiler. 128 Mr. Hoyt asked how long the proposed boiler had been on the market and Mr. Kimball replied that the h. B. Smith bailer which he recommends, has been on the market for a number of years. Mr. Nickerson said that apparently Mr. Lester Andrews is able to obtain new sections and Mr. Kimball said that he was surprised to hear that because he was told by the Boston office that they had discontinued making parts. Mr. Gay asked if Mr. Kimball felt that, with the new boiler, the other boiler would be used as an auxiliary only in rare cases and Mr. Kimball replied in the affirmative. Mr. Gay said that the second boiler then should last many years. Mr. Kimball agreed and said that the ideal setup would be to install this boiler now and at the very first opportunity to put an oil burner under that boiler andcarry the other boiler as an emer- gency boiler to hand fire. He said that with the oil burner under the boiler it would carry the load. A third building would require another boiler. The Chairman asked if the boiler, as Mr. Kimball_ writes the specifications, would be adapted to automatic stoker without any change-. Mr. Kimball replied in the negative and said that he would want to go down about two feet deeper for automatic firing, and that would apply to either automatic oil or coal. Mr. Gay asked what would have to be done if the boiler is put in the way the Selectmen want to put it in now and later on, decide to change to oil. Mr. Kimball replied that a pit would have to be dug at a cost of about $$1,300. They never know how much it will cost to pit a boiler. The Chairman asked if Mr. Kimball was familiar with the water level and he replied in the negative. He said that he went over all his correspondence and he could not find anything that would indicate water trouble. Mr. Gay asked how long it would take to install the boiler and Mr. Kimball replied that he would allow two months. He said that he has every reason to expect that the work would be completed for opening Cary Buildingin the mall. The Chairman asked how long it would take to obtain bids and Mr. Kimball replied that ten days at the maximum would give them ample time. Mr. Hitlt inquired about the situation with reference to the seonnd boiler and Mr. Kimball said that he had. made an examination of it, but it is the same type of boiler. The Chairman said that it now has a small crack in front. 1 With reference to bids, Mr. Kimball said that he did not see how.the Board could discriminate against local contractors and he thought six or eight contractors would be enough. He re- commended inviting Boston contractors to bid as well as Lexington contractors. Messrs. Kimball and DeFoe retired at S:40 P. M. When Mr. DeFoe returned to the meeting later in the evening he was instructed to have Mr. Kimball complete his specifications and further to ask local contractors if they wish to bid and if so, let them. In addition, he is to ask Mr. Kimball to in- vite contractors of his own selection. The Chairman read the notice of hearing upon the application of Gail W. Smith for per- mission to maintain one underground tank for the storage of 500 gallons of gasoline on premises located at 170 Wood Street. No per- sons were present in favor or in opposition. Mr. Gay moved that the application be approved and a license granted. Mr. Nickerson seconded the motion and it was so voted. Mr. Alfred P. Tropeano, attorney for John F. O'Connor, and Mr. Harold Stevens, Town Counsel, met with the Board.. , Mr. Tropeano said that he was present on the petition that he understood was denied Mr. O'Connor for a Lords Day license at his new ice cream stand. He said that he appre- ciated that it is at the discretion of the Board to grant a license and also that no hearing was required when the application was entered. However, Mr. O'Connor has constructed a type of business that is to be operated only during a few months of the year and that the Board probably knows the history of the building. He said that one abutter started objecting. He bought a lot of land and built his house on it. When he purchased the land he knew he was building next to a business lot because the real estate agent told him. He explained that when Mr. O'Connor applied for a permit he applied for a 3rd class construction. Objections came in and he withdrew his application for a 3rd class permit and proceeded to build on a 2nd class construction permit. The individual who objected obtained signatures of people who hirdd counsel and tried to stop Mr. O'Connor from 129 Gasoline Hearing O'Connors Sunday Sales 130 building in a residential area. He was advised that such was not the case, changed lawyers and engaged Mr. McLaughlin. He looked into the matter and also advised this person that Mr. O'Connor was building properly. He said that Mr. O'Oonnor filed his Lord's Day application with the Board some time in April and no action was taken. Last Monday, when the Board did not, he understood that a petition had been filed on the Lard's Day License. He said that he ugder- stood also that the petition was filed on the day the license was denied. Mr. Tropeano said that he did not know whose signatures appeared on the petition, but that he could obtain signatures in the same neighborhood of persons who do not object. He said that right across the street is a gas station and the operator sells everything on Sunday, including ice cream. This person was one of those opposed to Mr. O,'Connor's building. Mr. Tropeano also mentioned Miller's Poultry Farm and Napoli's roadside stand which he said both operate on Sunday's are in this neighborhood. He said that it might well be that the Lord's Day license could be a nuisance, but until an opportunity is given to see how the stand is con- ducted he could not see why the Board should deny the license. He said.that Mr. O''Connor has been a resident of Lexington for a great many years and only moved to Concord when he was unable to find a house in Lexington. The Chairman -said that Mr. O'Connor sold his house and that it was a business transaction. The Chairman said that when this subject first came up the Board received quite a long petition which, of course, is available to Mr. Tropeano, and a hearing was held. He said that the Selectmen's Room was filled with people who objected to the ice cream stand and one of the points they emphasized was the nuisance it would be on all the noise that goes with such a stand,on Sundays. Mr. Tropeano said that there are more people operating on Sundays without a license than there are with a license. The Chairman said that he thought the Board realized a letter probably should be written to the man who operates the Shell Station across from the ice cream stand and he thought the Board realized it before this evening. Mr. Tropeano said that he thought Mr. O'Connor should be given an opportunity to find out if it will be a nuisance. He said that he may have only a 1 dozen cars a Sunday and that the license once it is issued, can always be revoked. He explained, that Mr. O'Connor had planned to send someone along the street, if necessary, every Monday morning to remove any papers. The Chairman explained that the Selectmen feel it is not advisable to issue a Sunday license at this 1ocation at this time with many people objecting to it. Mr. Tropeano said that people in the area objected before they knew that the building was to be an ice cream stand and that they just did not want business in that corner. The Chairman said that issuing a license for week days was one thing, but he thought most people have a right to have some peace and quiet on Sundays even if they live in a bueiness zone because most businesses are not open on Sundays. He said that he does not think it is anyone's privilege, just because he is in a business zone, to feel he has a right for a Sunday license. The Chairman asked if there were any questions the members of the Board desired to ask and there were none. Mr. Tropeano said that he would talk to Mr. O'Connor and asked if the Board would hold a public hearing if he wanted one. . The Chairman said that the Board certainly would. Messrs. Tropeano and Stevens retired at 9:00 P. M. P. M. Mr. DeFoe returned to the meeting at 9,15 He presented plan and betterment assessments for proposed sewer in Robbiris,Road. Mr. Sweeney, who purchased the Robbins property, is going to have a garbage disposal unit in his new house and wants the sewer installed. Mrs. Jenkins, one of the property owners, is now ready to have a septic tank installed and wants to know if the sewer will be put in. However, even if the Board authorizes it, installation cannot be made for some time and she is now ready for a septic tank. He questioned the fairness in assessing her. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted not to authorize the extension of the sewer. 131 Robbins Road Sewer 132 Mr. DeFoe informed the Board that the estimated cost of correcting the drainage at 468 Marrett Road is $500. The Chairman asked if he felt that whatever he intends to do would work and Mr. DeFoe said Marrett that personally he did not think much of it. Road The Chairman suggested that this problem be Drainage postponed until July 10th and in the meanwhile Mr. DeFoe is to visit Mr. Kochis to find out whether or not he has made any progress with the man next door about the possibility of going under his porch. Mr. DeFoe said that some time ago the Board received a letter from Mr. Couette, on behalf of Mr. Swenson and Mr. Slocum, as to the probability of water extension at the junction of Blossom Street and down Allen Street an. approximate distance Blossom of 400 feet. He reported that the cost of the Street installation would be about $2,300 and the Town Ext. would probably realize $1,200. The Chairman instructed Mr. DeFoe to advise Mr. Couette that his request will be put on the waiting: list and given consideration at a later date. Mr. DeFoe presented plan and betterment assess- ments for proposed sewer in Somerset Road to service Somerset Lot 5 for Mr. Baskin. He explained that Mr. Coleman, Road an abutter, would be receptive if it did not involve Sewer too much money. At present he is not having any difficulty with his cesspool. Mr. DeFoe explained that two corner lots cannot be assessed inasmuch as they are already being served from Hayes Avenue. The Selectmen were of the opinion that if the sewer is installed the assessments on the two corners lots should be absorbed by the Town. Mr. DeFoe was instructed to discuss this subject again with Mr. Coleman and Mr. Baskin using the larger estimates and to advise Mr. Coleman that the Board would en- tertain a request for abatement of a portion of his assessment. Mr. DeFoe reported that he had inspected the tree at 151 Shade Street and in his opinion there is no necessity for removing it. Mr. DeFoe reported on signatures obtained for the proposed water main for Bennington Road and in- formed the Board that Messrs. Preston and Bonddhave not signed. Mr. Wilson, who originally requested the water, said that he had talked to both of the in- Pri 1 133 dividuals and each one feels that inasmuch as the betterment is of no service to them now, they would defer paying for it until such time as it will be desireable, - in other words they will take it on a deferred payment basis. Mr. DeFoe said that there may be ledge and Bennington the project will cost approximately $1,700 of Road which Mr. Wilson will pay 4475. Water Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to authorize Mr. DeFoe to have the order prepared for the Board's signature but the installation is not to be made. before bringing it to the Board's attention again. In the meantime the Chairman is to contact Mr. Bond. Mr. DeFoe reported on the signatures obtained in connection with the Fair Oaks Sewers and read the following: Total signatures for lots and houses 62.64% Unsigned 37.30% Fair Breakdown Oaks Houses (100 houses) 73% Sewers Houses not signed 27% Vacant lots signed (42) 38% Vacant lots not signed 62% The Chairman asked if Mr. DeFoe had any opinion as to how the job is going to be done, if it is done. Mr. DeFoe said that he could start the job and felt that Town labor could do it much cheaper than a contractor and he thought it would be done as fast. However, he does not believe people appreciate the value of what theyare getting and he thought it should be advertised. The meeting adjourned at 10:20 P. M. A True kecord, Attest 134 SELECTMEN'S MEETING July 10, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 10, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Dr. Howard Foley, Chairman of the Recreation Committee „and Mr. Charles Allen, electrician, met with the Board. Doctor Foley explained that shme difficulty had Lights for arisen relative to lighting the new toilet facilities toilet building on the Center Playground. He said that the building plans for lighting the building did not take into consideration how to get the electricity from the present system to the building. This can be accomplished by having the wires come almost to the building, to a pole, and stop there. He said that his Committee is of the opinion that it is best to see if some trade can be made with the Boston Edison Company and put a cement post just over the brook and run wires from there. This will involve one pole. Mr. DeFoe arrived at the meeting. The Chairman asked if this problem was. one that could be deferred until the next Board meeting and Doctor Foley said that he understood the carpenters would need the service. The Chairman suggested, and the Board agreed, that Doctor Foley confer with Mr. DeFoe and when an agreement is reached as to the best way to handle the subject Mr. DeFoe should contact the Chairman. Mr. Allen said that the Boston Edison engineer thought his company would install a light if the Town is willing to pay for maintenance. It was agreed that Doctor Foley would contact Mr. DeFoe and the Board would make a formal request for a street light. Mr. Allen retired at 7:15 P. M. Doctor Foley reported that the Recreation Committee had received a request from the Lexington Band to conduct a series of concerts on the Buckman Tavern Grounds or on the Common. They plan to give one concert each week beginning the last week in July and continuing until the 30th of August. He 1 1 said that his Committee thinks it is an excellent idea, but does not have jurisdiction over the Town parks. The Chairman asked what expense would be involved and Doctor Foley replied that there would be none except to supply the electric lights necessary for the music. Doctor Foley said that the members of the Band feel that in so far as parking cars is concerned the Common would be better than the Buckman Tavern property. The Chairman said that he would discuss this subject with Mr. Garrity and the Board can go on from there. _ Doctor Foley also inquired about the Band. taking up a collection and the Chairman said that the Board would let him know. Doctor Foley retired at 7:20 P. M. The Chairman said that he would like to read into the records a few comments. He stated that, as the Board knows, Mr. Paxton, who is an expert, was asked to give a report on streets and patching. Mr. DeFoe has read the report and the members have all read it. The technique as laid down in this report is something that this Board of Selectmen, at least, wholly endorses. There are formulas and various operations in patching of streets. He said they are not invariable, but in general he thought they were a helpful guide. Also, there is a procedure recommended for permanent patching. The Chairman said that he knows this Board is in agreement for the need of real care and permanent patching and it is the impression of members of the Board that the patches do not have a good look and contribute nothing to the appearance of the street. He said that he knows that the Board feels it would like to see neat patching done when the permanent job is done. He explained that Mr. Paxton feels, on many occasions, puddling is the best procedure and is recommended before permanent patching is done. He said that this Board, from what Mr. DeFoe has said, understands he is doing more puddling than was done before and the Board would like to have it on the record that it thinks puddling should be done on every occasion where in Mr. DeFoe's opinion and Mr. Burns' opinion a better result would be obtained. In cases where they think it might be better, the Board wants ser- ious consideration given to puddling. The Chairman reported that he, Mr. DeFoe and Mr. Burns went over in detail Mr. DeFoe's and Mr. Paxton's 135 Patching Streets 136 Sewer Assessment Somerset Road Reed St. Jellis lists and discussed every instance where there is a variation of opinion as to treatment. They then looked at every one of the streets and agreed as to what treat- ment would be given to the street. In some cases it is a less expensive type of treatment than that recommended by Mr. Paxton. They decided on what type of treatment is to be given to the streets where there is a dis- agreement. Mr. DeFoe has prepared a list of the treatment for each street and an approximate cost. The Chairman said that he, personally, has prepared an analysis of that treatment as compared with what Mr. Paxton recommended and he will have a copy of the analysis made for each member of the Board. Mr. DeFoe reported on the sewer betterment assessments for Somerset Road and explained that Mr. Baskin's two lots and Mr. Coleman's one lot would absorb one-half of the entire cost. Mr. Coleman's assessment is 4452.72, and he thought this was high. Mr. DeFoe said that he asked him what he thought he should pay and he felt that it should be down to $200 or 4300. Mr. DeFoe advised him that possibly something could be done about it and sug- gested that he apply in writing for an abatement. He reported that the assessment on one of Mr. Baskin's lots is 4311.69 and the other is 4325.70. Mr. Baskin feels that the assessment should be some where down around 4200. He said that he explained in detail how the assessments were figured and that the subject had been discussed with the Board. Mr. DeFoe said that he was advised by Mr. Stevens that there is no reason why the Board cannot assess the cost in whatever proportion the Board feels betterment has occurred. He stated that in this case Mr. Stevens said the Board could assess Baskin at a higher price than Coleman inasmuch as Mr. Coleman has no need of the sewer and might never need it. Mr. Stevens arrived at the meeting at 7:28 P. M. The Chairman said that if the Board so chose Mr. Baskin could be advised that the assessment as outlined by Mr. DeFoe, should be levied against the two owned by Mr. Baskin. Mr. Stevens reported on the status of Reed Street insofar as it is connected with Mr. JellisI request for the extension of a water main to service lots 5, 6 and 7, Block 91. He said that there is a portion of Reed Street which apparently has never been accepted. The Chairman asked if he thought it advisable to 1 137 extend the water and Mr. Stevens replied in the nega- tive. He said that this is a problem that Mr. Jelli8f attorney should solve. 'The Chairman asked if the Board should secure releases from the Meagher heirs before water is in- stalled and Mr. Stevens replied in the affirmative. It was agreed that Mr. DeFoe should contact Mr. Jellis and advise him to have his attorney contact Mr. Stevens. Letter was received from George A. Maynard in- Damage to forming the Board that while excavating for a drive- tree at way at 2380 Massachusetts Avenue, damage was done to 2380 Mass. the roots of a Town tree. He said that he thought the Avenue damage had been to such an extent that the tree should be removed. Mr. DeFoe stated that Mr. Garrity has inspected the tree and in his opinion it should be taken down because the roots have been damaged. He said that Mr. Maynard wanted to have a driveway into his garage and in cutting down the bank he damaged the roots of the tree. This was done without permission and before the Public Works Department knew anyting about it. Mr. Nickerson asked if the tree could be saved and Mr. DeFoe replied that Mr. Garrity has told him that it should be taken down. Damage to The Chairman said that it doea not look as if tree it is in a dangerous condition. Mr. Nickerson suggested, and the Board agreed, that each member of the Board look at the tree. The Chairman was authorized to advise Mr. Maynard that the Town may not take the tree down and further that the Board is contemplating bringing action for damage. Mr. DeFoe informed the Board that he has conferred with Mr. Stevens relative to Salvucci's bid and also dis- cussed this subfjeet with the State. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to award Peter Salvucci the contract for construction of the proposed sewer crossing Route 128 at Brook Street and the proposed sewer crossing Route 128 near Grove Street. The Chairman read a letter from Mr. Carroll, Town Clerk, informing the Board that a claim for damages has been filed by Lawrence J. Barlow, 350 Sayles Street, Providence, Rhode Island. Mr. Barlow claimed that while -driving through Lexington on Friday, June 30th, a stone 'from one of the town trucks hit his windshield and cracked it. Mr. Stevens agreed to answer Mr. Barlow's claim. Mr. Stevens left the meeting at 8:05 P. M. and re- turned later in theevening. Sewer Con- struction Route 128 Claim 138 Useful Life of Boiler. The Chairman reported that he had talked with Lester Andrews who has done most of the repairing on the boiler in Cary Memorial. Building. Mr. Andrews claims that 25 years is a fair life for a Boiler boiler and did say that apparently something happened Cary Bldg. to the boiler in 1945. The janitor also admits that something happened but is not quite sure how. According. to Mr. Andrews it has not been possible to get the spread back together and it will never be entirely satsifactory. His feeling is that, regardless of what happened, the boiler is not in good condition. Mr. Hathaway said that it is a very drastic step to recommend the replacement of a 25 year old boiler. Replacement Parts. The Chairman stated that he talked with the American Radiator Company and was informed that this particular type of boiler has been discontinued because it is too large a boiler to be profitable. Sections can be made on order, and there will be a delay of about ten days on parts. However, no guar- antee will be given as to how many years parts will be available. He said that Mr. Andrews, as a tax- payer, felt that the boiler should be replaced be- cause he feels that taking it down would be very expensive and it would still not be a new boiler and it is uncertain as to how long the replaced parts will last. CraM ed Space. The Chairman said that he had talked with dr. fimball who claims that, in his opinion, there is ample space for repairs. Mr. Hathaway said that section 5 could not be replaced without removing the first four. Zone Control. The Chairman said that if it were thought to be a good thing to do, from point of view of economy, Mr. Kimball felt that further zoning. could be done at some time and would not have to be done when a new boiler is installed. Mr. Hathaway agreed. 'The Chairman explained that at the present time there is a ceiling on the money available and zoning could not be done. Condition of System. The•Chairman.asked Mr. Hathaway what he meant when he questioned whether or not the system is operating as it was designed to operate. Mr. Hathaway explained that if the traps on the radiators are frozen, the system will not operate efficiently. The Chairman asked if the traps had ever been checked and Mr. DeFoe replied that insofar as he 1 1 knew they have not. Mr. Hathaway explained that they could be checked in the summer as the system does not necessarily have to be operating. Mechanical vs. Hand Firing. The Chairman explained that the Board has been told that a change could be made at a later date. He said that both Mr. Hathaway and Mr. Kimball agree that the boiler could be operated more efficiently with mechanical firing. #5 vs i6 Oil. The Chairman stated that there seems to be two lines of thought insofar as oil vs coal is concerned. Mr. Hathaway said that #5 or #6 oil would be more economical to operate than a stoker, and that oil vs mechanical soft coal, heavy oil would be cheaper. He said that he thought the Town would be better off with heavy oil in this boiler. Service Contract,. The Chairman agreed that this was something for the Board to look into and Mr. Hathaway explained that for about $50 per year the boiler could be thoroughly vacuum cleaned and monthly reports sub- mitted. The Chairman said that the Board has been told that the contemplated boiler has a greater capacity than the one now in use and asked Mr. Hathaway if he had. any opinion relative to the boiler being considered. Mr. Hathaway replied that he thought the capacity of the new boiler was only slighter greater. He explained that the gross capacity of the present boiler is 15,000 sq. ft. and the proposed boiler is 15,250 sq. ft. He said that he does not know the net rating of the present boiler. The Chairman explained that, according to Mr. Kimball, it is 12,000 sq. ft. and will be more efficient with mechanical firing. Mr. Kimball also said that the new boiler should be sufficient to carry most of the load. Mr. Kimball did say, however, that if a third building is constructed it would be necessary to operate two boilers. The Chairman said that it is now a question as to whether it is feasible to gamble on the present boiler or spend the extra money and install a new boiler. Mr. Hathaway said that he would not like to see a new boiler installed in the present cramped location. The Chairman asked if Mr. Hathaway's company had any opinion of the Kimball Company sheating engineers and he replied that they had never heard of Mr. Kimball. Mr. Hoyt asked Mr. Hathaway to outline the test he mentioned that would not be too expensive but might determine what the situation is here. 189 140 School Loan Fire Engineers & Officer J. A Russell Mr. Hathaway explained that it would be parallel to the test made by the insurance company. If a fifteen pound hydrostatic test were put on, the weak places would be found. Mr. Hathaway retired at 8:35 P. M. The Chairmen reminded the Board that Mr. Kimball is ready to send out specifications and request bids and asked if the Board wanted to make any change. Mr. Hoyt said that,'if it were a fair questions. he would like to ask Mr. DeFoe what he thinks about the boiler. Mr. DeFoe replied that he is not an expert, but Mr. Andrews thinks it should be replaced. He said that the American Radiator Company expert, who has been with the company forty-five years, claims that repair's are problematical and from what he has heard he believes it would be a gamble to keep the present boiler. Mr. Nickerson suggested, and the Board agreed, that inasmuch as the plans are ready the the job be put out and see what bids are submitted. 'If the prices are too high, the contract does not have to be awarded and Chandler can be consulted. The Chairman read a letter from Mr. Walker, Town Accountant, with reference to loans which should be made for the school expenditures now under way. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to request the Town Treasurer to secure bids so that the money authorized by vote of the Special Town Meeting, June 1, 1950, under Articles 7 and 8 can be borrowed and made available as soon as possible. Mr. Harold Stevens, Town Counsel, returned to the meeting at 8:40 P. M. to discuss with the Board the sub- .ject of the Board of Fire Engineers, and Attorney George McLaughlin's letter with reference to Officer John A. Russell who is seeking appointment as Sergeant on the Lexington Police force. The Clerk was informed that it would not be necessary to keep any record of the discussion. She and Mr. DeFoe left the meeting at 8:45 P. M. and returned at 9:40 P. M. The next item on Mr. DeFoe's list was sick -leave pay for William Mason and the Chairman explained that he hed instructed Mr. DeFoe to bring this subject up again because of the fact that Mr. Mason had called him several times and asked to have the Board consider his request again. He said that Mr. Mason's son was involved in an automobile accident several weeks ago and additional 1 1 141 expenses have been incurred. He asked Mr. DeFoe if he had changed his opinion and Mr. DeFoe replied that he is very sympathetic and believes Mr. Mason was ill, but if he is paid, regardless of the fact that he did not have a doctor's certificate the policy on sick leave pay will have to be changed. He explained this by stating that all other men in. the Department have been required to furnish certificates. Mr. Nickerson asked if there is any possibility of giving Mr. Mason extra work to surround the situation. Mr. Driscoll inquired as to the amount of money Mason Mr. Mason lost and Mr. DeFoe replied that there were request forty-five hours at 401.20 per hour. for sick Mr. Hoyt asked if it could be made -nuke a leave pay matter of policy and pay him 50%, and the Chairman said that he would be agreeable to such an arrangement. However, Mr. DeFoe still felt that the same arrangement would have to apply to others. Mr. Gay suggested that Mr. Mason be paid and have it definitely understood by all that no one will be paid in the future without presenting a doctor's cert- ificate. Mr. Hoyt and Mr. Nickerson both felt that the Board should support Mr. DeFoe's position. Mr. Driscoll asked if the rules on this subject were posted on the bulletin board at the Public Works Building and Mr. DePoe replied that when the policy was first established a notice was posted. He said that Mr. Mason knew the rules and admits that he was aware of the fact that a doctor's certificate is required. Mr. Hoyt said that he thought it would be difficult to control the personnel if an exception were made for one man. The Chairman suggested that Mr. DeFoe advise Mr. Mason that the policy can't be changed, but that he may be given overtime work. Mr. DeFoe said that Mr. Weisinger would not like that but will have to do it if so instructed. He agreed to discuss this with Mr. Weisinger to determine whether or not there is any possibility of extra work or having Mr. Mason work during his vacation; receiving pay for working and for vacation. Mr. DeFoe presented each member of the Board with bids received on 3/4" Type K Copper tubing and requested permission to purchase 10,000 feet. He explained that to date there have been 161 services Copper and for the'entire year of 1949 there wdre 265 ser- Tubing vices. The Chairman inquired as to how much money is involved, and Mr. DeFoe said that it would be about $2,750. 142 Water Reg. Valley Road Tree Removal Bids Rent Control Bill Traffic Complaint • Mr. Hoyt said that, in view of present conditions, an order should be placed for 15,000 feet. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to authorize Mr. DeFoe to purchase 15,000 feet of 3/4" Type K copper tubing from the George A. Caldwell Co. at the quoted price of .276 per foot, 1% 10th prox., providing delivery of 1,000 feet can be made immediately. In the event the Company will not accept the order with this provision, Mr. DeFoe is to contact the Chairman of the Board. The Chairman read a letter from Mrs. George A. Bullock requesting an estimate of the cost of water connections to her house at 34 Valley Road. Mr. DeFoe explained that this would:mean a new water main and agreed to report further on the subject at the next meeting of the Board. The Chairman read another' letter from Mrs. Rose J. Doll, 151 Shade Street, with reference to her request for the removal of a tree. Mr. DeFoe reported that the tree in question is not in Mrs. Dollis driveway and as far as he is concerned there is no need to remove the tree. The Chairman asked if the members of the Board desired to change their previous decision. The Board:did not see any compelling need to remove the tree and the Chairman was authorized to advise Mrs. Doll that the Board does not feel inclined to grant her request. Letter was received from Mr. Stevens, Tovzi Counsel, enclosing a copy of his letter to Allan E. Gifford, Executive Secretary to the Associated General Contractors of Mass. Inc., relative to bid procedure in the Town of Lexington. The Chairman read a notice from the Massachusetts Selectmen'b Association with reference to proposed bill on Rent Control. It was agreed that the Chairman should contact Representative Ferguson and Senator Evans and have the Board recorded as opposing the bill. Letter was received from Paul A. Hubbart Harding Road, referring to his conersation wi Chairman relative to traffic at the junction Hancock Street, Valley Road, Harding Road and Street. The Chairman said that he would request Chief of Police to give this area particular during the construction of Route 128. 22 th the of North Bedford the - attention CC 1 1 The Chairman read a letter from Mr. Walker, Town Accountant, with reference to Chapter 159 of the Acts of 1950, an Act relative to time for payment of betterment assessments in the Town of Lexington. Mr. Walker suggested deferring payment of the Sachem Council Grant Street betterment assessment under the provision of this Act. The Board agreed to follow Mr. Walkerts suggestion. Mr. DeFoe retired at 10:25 P. M. Letter was received from Arthur J. Pike, Lexington Street, Burlington,. requesting a permit to move his house now located on Lexington Street, Burlington, to 481 Lowell Street, Lexington. The house is now located in the middle of the new Route 128 and must be moved by July 22nd. Mr. Hoyt moved that the permit be granted. Mr. Gay seconded the motion and it was so voted. Letter was received fron Clara L. Chapman, Lexington Street, Burlington, requesting permit to move her house to 549 Lowell Street, Lexington. The house is now located where Route 128 is to be located. Mr. Gay moved that the permit be granted. Mr. Hoyt seconded the motion and it was so voted. 143 Boy Scout Assessment Permit to move Bldg. Further consideration was given to Mr. John Mayts offer to purchase Lots 31,32,33 and 34 Myrtle Street. Tax Title Mr. Gay moved that a proposal to sell the lot Property be advertised in the Lexington Minute -Man and that further consideration be given the offer at the next meeting of the Board. Mr. Nickerson seconded the motion, and it was so voted. Further consideration was given to Mr. McQuillants offer of 4300 for lots 74 and 75 Tower Road. The Chairman recommended that the Board entertain an offer of 4300 for each lot (4600 for the two lots) and the Board agreed. A letter was received from David L. Wilson, Jr., 11 Hamblen Street, offering 4100 for Lots 110, 111, 112 and 113 on Bellflower Street. The unofficial committee on tax title property recommended a price of 4250 inasmuch as there is water in the street. The Chairman suggested, and the Board agreed, that the Selectmen should look at the lots before making any decision. Tax Title Property Tax Title Property 144 Trees Mr. Garrity's letter of June 16th with reference to removing one tree and repairing three others on Massachusetts Avenue, opposite Munroe Tavern, was held over from the last meeting. The Chairman said that Mr. Garrity had mentioned taking money from special trust funds for this work and asked if this was something the Board thought should be paid for by these funds. Mr. Nickerson said that he thought if anything could be done to save the trees even for a short period of time an attempt should be made. The Chairman questioned using the trust funds and it was agreed to insert an article in the warrant for the Special Town Meeting in the Fall requesting an appropriation. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Licenses Countryside Associates, Inc. Sunday Golf Lexington Theatre Sunday Movies Chester Ludwig Peddler Surety bond in the sum of $1,000 was received on Constable's behalf of James F. Mowat as Constable in the Town of Bond Lexington for a term expiring in March, 1950. Mr. Gay moved that the bond be approved. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from Eugene T. Buckley, 22 Grant Street, offering $100 for a parcel of Tax Title land, abutting his property, which has been foreclosed. Property The Clerk was instructed to have the Town Engineer prepare a sketch of the lot and bring it up at the next meeting of the Board. The meeting adjourned at 11:05 P. M. e , lect�ien. 1 1 145 Items Settled with Mr. Emery - Monday - 24, 1950 A. Report on cost to illuminate Minute Man Statue B. Request for blasting damage at 17 Boulder Road. C. Request for street light at locker building. Action Taken on Above Matters by Mr. Emery A. Street lighting rate applies - A 500 watt light equivalent to 10,000 lumens has been used at azost of 470.00 per year up to 1:00 P. M. A 200 watt light is to be experimented with (cost $35.00) per year. Mr. Emery advised to use whatever wattage gives satisfactory results. B. Blasting caused damage to plaster when water service was being installed for adjacent property. Ownerts plasterer estimated 4162.00.. to consider work. Mr. Dacey, who does work for Town, estimated at least 4100.00. Owneros plasterer agreed to 4125.00 which Mr. -Emery approved. C. Mr. Emery approved. No cost to Town excepting to pay light bill the same as for other street lights. 146 ' Paper Dive School Borrowing SELECTMENtS MEETING July 24, 1950 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday evening, July 24, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. The Chairman read a letter from the American Legion on behalf of the Lexington Drum and Bugle Corps, request- ing permission to conduct a paper drive on Sunday, Sept- ember 10, 1950. Receipts will be used to pay for uniforms and instruments. Mr. Gay moved that the request be granted. Mr. Hoyt seconded the motion, and it was so voted. The Chairman read a letter from Mr. Carroll, Dawn Treasurer, relative to bids received on borrowings for additions and remodelling of various schools. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve the bid of 101.345 with interest at 1 3/4% received from W. E. Hutton & Co. - Lyons & Shafto, Inc. Mr. Joseph H. DeFoe, Suptt. of Public Works, met with the Board, and reported on the possible construction of Cary Avenue. He said that 25 houses.out of 28 have re- quested the construction of the street. He explained that no survey has been made but it would seem that the cost will be approximately $10 per foot. He said that the en- tire length of the street would have to be drained. Mr. DeFoe said that with all the work there is to be done, Cary both he and "urr. Burns are of the opinion that it will not Avenue be possible to have Cary Avenue accepted at a Fall Town Meeting. The Chairman asked if the petitions for acceptance of Aerial Street and Butler Avenue came in before Cary Avenue and Mr. DeFoe replied in the affirmative. The Chairman and Mr. Nickerson felt that possibly Cary Avenueshould be done before Aerial Street and Butler Avenue. The Chairman suggested the possibility of employ- ing outside engineering help and Mr. DeFoe agreed to dis- cuss the subject with Mr. Burns and report to the Board at the next meeting. Mr. DeFoe presented the contract for the con - Watson struction of Watson Road for the Board's signatures Road and explained that Mr. Stevens, Town Counsel, had Contract looked at the contract before it was sent out. Mr. Signed DeFoe requested the Board's signatures and said that he would show it to Mr. Stevens again. 1 1 Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sign the contract between the Town of Lexington and The Dow Company for the construction of Watson Road. Mr. Stevens, Town Counsel, arrived at the meeting at 7:20 P. M. Mr. DeFoe reported that the lowest bid received for the construction of Sanitary Sewers on Sundry Streets (Pleasant,Ir•n, Bow, Fottler, Drew, Cummings and Cliffe) was submitted by Richard White Sons, Inc. in the amount of 429,328.20. This is $2,300 over the estimated amount but several hundred dollars have been saved on the Farmcrest job. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to award the contract to Richard White Sons, Inc. The Chairman informed Mr. DeFoe that he would like to see the percentage of signatures before any- thing further is done. Mr. DeFoe reported on the proposed drain in Massachusetts Avenue near Munroe Tavern, and ex- plained that it would be necessary to obtain an easement from Mr. Fisher. He said that Mr. Fisher is very willing to sign an easement. It was agreed that the Town Counsel should be requested to prepare the necessary easement and the Chairman suggested that the vote to start the''pro- ject be held over until the next meeting of the Board. Mr. DeFoe requested the authorization to do the work so that it can be started as soon as the easement is signed. The Board agreed that the proposed drainage in Massachusetts Avenue could be started as soon as the easement is prepared and signed. Mr. DeFoe reported that the Town of Bedford would like the Board to consider the possibility of Bedford entering Lexington's sewerage system. The members of the Board were of the opinion that this subject should be given careful study and the Chairman told Mr. DeFoe that the Selectmen would be willing to call a special meeting to discuss the subject with the Bedford Board of Selectmen. Messrs. DeFoe and Stevens retired at 8:05 P. M. Mr. W. A. Ross of the Ross Dairy in Belmont, met with the Board. 147 Sundry Streets Sewers Mass. Avenue Drainage Bedford re Sewer System 148 He stated that he is in the milk business and has been experiencing a, -little difficulty with one of the men on the Board of Assessors, in Lexington. He said that when a person moved to Lexington or buys a home in Lexington this particular assessor, according to his foreman, uses influence to get his milk business by saying that he will take care of the assessed value of Complaint the property of these new -comers to Lexington. re Mr. Ross aaid that he had mentioned this to Assessor some men in Lexington who he has known for some time and it was their suggestion that he discuss the matter with the Selectmen. He explained that his company is willing to stand on its own merits but he did not think the methods being used should be allowed. Mr. Gay inquired as to the latest date such an incident occurred and Mr. Ross replied that it was about two weeks ago. He said that he has to take the word of his drivers, who work on commission, and it is always the same argument, that the assessment will be taken care of. Mr. Hoyt asked if this was a new experience to Mr. Ross and he replied that it is the first time to his knowledge that anything like it has happened. Mr. Driscoll asked if Mr. Ross had a route in Lexington now. He replied in the affirmative and said that he proposes to establish a second route. Mr. Gay inquired as to what section of the town was involved and Mr. Ross replied that he would have to find out from his delivery man. The Chairman said that the Board would look into the matter and asked Mr. Ross to check his records and advise the Board as to when the incidents occurred. Mr. Ross also agreed to ask his foreman for the names and addresses and also find out about a complaint �f last Wednesday. He retired at 8:15 P. M. and Ar. DeFoe returned to the meeting. Hearing was declared open upon the petition of the Boston Edison Co. and the New England Telephone & Tele - Pole graph Co. for the location of five jointly owned poles Location on Summer Street, southeasterly from Lowell Street. The abutters were notified and the locations approved by the Suptt. of Public Works and the Town Engineer. Mr. Trebino was the only person present and said that he wished to be recorded in favor of the locations. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Telegraph Co. for the removal and relocation of three jointly owned pales on Ledgelawn Avenue, westerly from Hillside Terrace. Pole Location 1 The abutters were notified and the locations approved by the Suptt. of Public Works and the Town Engineer. No.persons were present in favor or in opposition. ,,Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition and sign the order. Mr.Trebino requested the installation of a street light to be located at his driveway and was advised Street by the Chairman that the Suptt. of Public Works would Light include his request on the list now on file for consider- ation at a later date. Mr. DeFoe reported on the reqUest received by the Board from Mrs. Bullock for water service to her house at 34 Valley Road. He explained that the extension in- volves 180 feet of six inch pipe. The Chairman suggested that Mr. DeFoe contact Mr. Bullock in an endesvor to see what arrangement can be made that will be mutually satisfactory and to report to the Board at the next meeting. Mr. DeFoe presented a sketch of the proposed sewer laterals in Bedford, Milk, Hill and Manning Streets and explained, that of the total assessable lots he has 63.8 requested and 36.14 who have not asked for the sewer. Of 31 houses, 22 have signed and 9 have not; total vacant lots 5 have signed and 5 have not. 1` Mr. Nickerson moved that the Suptt. of Public works be authorized to have estimated assessment sheets pre - motion and it was so voted. 149 Bullock request for water Sewer laterals Bedford, Milk Manning Sts. Mr. DeFoe requested permission to award the weather service contract for 1951 and explained that Weather Ad visors with whom he has been doing business disorganized All members, with the exception of the'president, re- organized and now operate as Weather Service, Inc. They are willing to take the present contract to the first of the year at no additional charge and will give the same ser- vice for the next year at, the same price of 6150. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to award the weather service contract for 1951 to Weather Service, Inc. Mr. John J. Garrity, Suptt. of Parks and Playgrounds, met with the Board, and reported that he had two boys from the State College send in 23 'samples taken from elm trees. Twenty-two came back and one was missing. They all have Dutch elm disease and are rather large trees. He further stated that out of nine samples sent in four were returned positive and fbur negative.. Four of these trees are no Weather Contract Dutch Elm Disease 150 Trees on Mass. Ave. Munroe Tavern private property, four on Town property and one on State property. He said that there is no way of determining whether or not a tree is infected with Dutch Elm disease unless samples are sent to a laboratory and everyone recognized that a diseased tree should be taken down as soon as possible. He reminded the Board that last year there were sixteen trees (seven n private property) which were taken down and destroyed. He further calle the Board's attention to the fact that there is a large -infestation of the elm tree beetle from Marrett Road to the Arlington line. He said that these trees were, he thought, sprayed in time as advised by the laboratory and everything that could be done has been done. He said that he would like to cut down every tree that has Dutch elm disease. He said that the State has the authority to take the trees down and charge the Town 50% of the cost for trees on Town property and charge 25% for the trees on private property. .However, he assured the Board that his Department can take the trees down for• less than the State charge of 50%. Mr. Garrity explained that he would use the men in his maintenance crew and take them off pruning. Upon motion of Mr. Gay, seconded by Mr. Driscoll, - it was voted to authorize Mr. Garrity to remove al•l trees infected with Dutch elm disease; the men in his Department maintenance crew to be taken off pruning. Mr. Garrity referred to the four elm trees on Mass- achusetts Avenue opposite Munroe Tavern and said that work should be done on them between now and the first of September if it is to be done this year, and he felt that this is something which should not be deferred until Spring. He recommended that the necessary money be taken from the Shade.Tree appropriation with the expectation of a transfer to take care of the last three or four payrolls in December, or an additional appropriation be requested at the Fall Town Meeting. He said that he would like to remove the dead limbs and make an effort to save all four trees. He explained that this would cost approximately $500 and that he would secure bids. Mr. Driscoll moved that Mr. Garrity be authorized to secure bids for repairs which he believes are necessary to save these four trees. Mr. Gay seconded the motion, and it was so voted. Mr. Garrity reported on the damage done to a Town tree at 2380 Massachusetts Avenue and said that in his opinion the tree has been ruined. He recommended that 1 151 the owner of the property be given an opportunity to take it down if he wants to, but not to touch any other tree. The owner of the property could take it down at his expense or wait until Mr. Garrity's men have time to remove it. He said that he de- finitely would not agree to a retaining wall being placed around'the tree because it is not a safe tree and it cannot be guyed to any other tree. Mr. Hoyt asked how the property owner could remove a Town tree and Mr. Garrity said that he could have a competent man take it down and have him bonded. Mr. Garrity then suggested that the Town take the tree down and charge the cost to Mr. Maynard the owner of the property. Mr. Garrity retired •at.9:20 P. M. Dr. John E. Murray, Tracy Ames and two other gentlemen were waiting in the Selectmen's Office to discuss a drainage problem. However, inasmuch as no appointment had been requested, the Chairman asked Mr. DeFoe to discuss the matter with them. Chief John W. Rycroft met with the Board, at the Bgid's request, and the Clerk left the meeting at the request of the Chairman. Mr. DeFoe and the Clerk returned to the meeting at 9:50 P. M. Mr. DeFoe requested, the Board's signatures on the contract between the Town and Peter Salvucci for sewer construction, Route 128. Upon motion of Mr. Gay, seconded by Mr. Driscoll Route 128 it was voted to sign the contract with the definite Sewer understanding that Mr.. DeFoe should submit it to Mr. Contract Stevens, Town Counsel, before giving a coy to the contractor. Mr. Eugene LaRose's request for the extension of a water main to service his house at 169 North Street was held over until the next meeting of the Board. The Chairman read a letter from Gordon Robinson requesting information relative to the purchase of 20:,000 water bills. The Whairman'agreed to acknowledge the letter and asked Mr. DeFoe to write to Mr. Robinson and explain the situation. Mr. DeFoe retired at 10:15 P. M. LaRose Water Water Bills 152 The Chairman read a letter from the Chaiber of Commerce inquiring as to what has been done by Off the Town regarding a parking space extending along Street the railroad tracks in the rear of the stores. Parking He explained that he has instructed Town Counsel to prepare the necessary legal forms and forward them to. Mr. Ballard. Tax Title Mr. Eugene Buckley's offer of 0100 for Lot A Property Grant Place was held over until the next meeting of the Board. Tax Title Property Tax Title Property Tax Title Property Tax Title Property The Board gave further consideration to. Mr. John A. May's offer of 4200 for Lots 31, 32, 33 and 34 Myrtle Street, Lexington. A proposal to sell these lots was advisertised in the July -13th issue of the Lexington Minute Man. No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Gay moved that Lots 31, 32, 33 and 34 Myrtle Street be sold and conveyed to Mr. John A. May. Mr. Hoyt seconded the motion and it was so voted. The Board gave further consideration to Mr. David L. Wilson's offer of 4100 f or Lots 110, 111, 112 and 113 on Bellflower Street. The Chairman reported that he and Mr. Nickerson had looked at these lots. The Board agreed to advise Mr. Wilson that an offer of $400 would be entertained. Letter was received from Mr. R. L. McQuillan in reply to the Board's price for Lots 74 and 75 on Tower Road of $600. Mr. McQuillan stated that he would like to own the lots for protection and does not intend to build on them or sell them for speculation. He asked if the Board would consider selling them for $500. The Board agreed on this price and upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to advertise a proposal to sell the lots in the Lex- ington Minute Man and that further consideration be given the offer -at the next meeting of the Board. The Chairman read a letter from the law firm of Richardson, Wolcott, Tyler and Fassett offering $25, on behalf of a client for Lot 118 Cary Avenue. The Clerk was instructed to refer the offer to the unofficial committee on tax title property. The Chairman read a letter from Mr. Walker, Town Accountant, suggesting that the following axtion be taken on the street betterment assessment cc 1 1 153 levied against property on Grant Street owned by the Sachem Council Boy Scouts of America; 1. Vote to defer the Grant Street assessment under the provisions of Chapter 159 of the Acts of 1950. 2. Advise the Assessors, Sachem Council, Inc. Boy Scout Town Accountant and Mr. DeFoe of the above Street action. Assessment 3. As this must be taken up every three years authorize the Assessors to notify the Selectmen far enough in advance so the next deferment will be made in time. The Board agreed to follow the suggestions sub- mitted by Mr. Walker. Application was received from the Battle Green Chapter, Order of DeMolay, requesting permission to conduct a Degree and Ball in Cary Hall on the evening of October 13, 1950, from 7:00 P. M. to 1:00 A. M. Mr. Hoyt moved that the use of the hall be granted subject to a charge of 435.00. Mr. Driscoll seconded the motion and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant the following licenses: Lexington Theatre, Inc. Sunday Movies Countryside Associates, Inc. Sunday Golf Further consideration was given to Doctor Foley's request on behalf of the Lexington Band to conduct con- certs on either the Buckman Tavern Grounds or the Common. The Clerk reported to the Chairman that I,hief Ry - croft was in favor of having the concerts on the Common from a traffic angle, but Mr. Garrity preferred the Buckman Tavern grounds. It was the decision of the Board to authorize the use of the Common for the band concerts. Letter was received from John F. O'Connor, together with petition, relative to a Sunday Sales License for his ice cream stand at Five Forks. The Chairman suggested that Mr. Hoyt and Mr. Gay analyze the petition which they agreed to do. The Chairman said that he would contact Alfred Tropeano, attorney for Mr. O'Connor, to find out whether or not Mr. O'Connor desired to have a public hearing called. Mr. Hoyt took the letter and petition. The Board gave further consideration to the subject of Shoppers' Haven conducting a business on Sunday. Use of Hall Licenses Permit Sunday Sales petition 154 Shoppers' Upon motion of Mr. Gay, seconded by Mr. Hoyt, it Haven was voted to authorize the hairman to take this Sunday subject up with the Town Counsel and follow whatever Sales recommendation he makes. The.meeting adjourned at 10:50 P. M. *LtMen. A true record, Attest: 1 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 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, 34 Valley Road, Lexington, offering 4400 for part 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. The Chairman asked the Board if it would be 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 gift, funds to defray the expense involved in lighting the Minute Man Statue. Mr. DeFoe reported on the ditch at the rear of Dr. Murrey's property on Highland Avenue and stated that the Town does not contribute to this drain. He explained that Tar. Murray wants the Town to clean the ditch and he told him that he 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. 155 Juror Tax title Property Letter to Brox Minute Man Statue lighting Dr. Murray's complaint 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 frontof Mr. Abbott's about 60' 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 CO Cal 1 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 necess<ry. 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. Busa's letter relative to the bridge over Vine Brook and explained that when Vine Brook was built, the Town constructed a bridge for Mr. Busa to enable him to use the land on both sides and there was an easement obtained at that time. He ex- plained that about a year ago he had occasion to look .at 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 p864 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. 157 Bus a bridge V. Brook 158 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 - 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 that Mr. Chester Newman, the contractor, is an indi+ridual of excellent re- putation and has come back several times to correct 1 1 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 P. M. hearing was declared open upon the application of the Socony-Vacuum Oil Co. Inc. for permission to increase the underground storage 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 personwas 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 oprosition. Mr. Paynter explained that by increasing 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. of 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 of a loose catch basin cover on Waltham Street. Mr. Stevens, recommended that the claim, in the 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 Sunday Sales license and he thought someone should go over there. It was arranged with Chief Rycroft 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 - Oak Street situation and explained that he had prepared, for the Board's signatures, an instrument to clear Howard,Nichols' title on record. Mr. Driscoll moved that the agreement, as prepared by Town Counsel be signed. Mr. Nickerson seconded the motion, and it was so voted. (original forwarded to Mr. Stevens.) 159 Gasoline Hearing Kiernan claim for damages Shoppers' Haven violation Clearing Nichols title -Oak Street 160 Tax Title Property Tax Title Property White sewer con- tract Hearing on O'Connor Sunday Sales Further consideration was given to Mr. R. L. McQuillan's offer to purchase lots 74 and 75, Tower Road. A notice of the offer was advertised in the 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, Wolcott, Tyler and Fassett on behalf of a client. 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. Mr. Stevens presented copies of the contract between the Town of Lexington and Richard White Sons, 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 License at the Five Forks Dairy Bar, 271 Lincoln Streets. Mr. O'Connor, his attorney, Mr. Tropeano, Mrs. George W. Sarano, Messrs. Joseph F. Clark, Charles G. Esterbert, Jr.,Arthur T. Burroughs and two other individuals were rresent. 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 mohths, 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 request 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 fora 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 Committeek. 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'f!onnor 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 the 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 ted 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 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 callsfor dressing both extremes of the lot taking in the existing parking area with possibly some landscapin 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 fir. 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 1 163 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-heyrfrrg-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 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 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 tiyhite 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 1 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. Sarano, 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. Shea 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 'she sold the lot at her own price and not his. She was also very definite in telling Mr. O'Connor that althoughshe had some trouble with the Lovell Bus situation, she was sure in her own mind that r 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 Mrs. 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 meatmarket will set on the•line because in a business zone it can be erected on the line. Mr. O'Connor said that he does mot 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 stand, getting ice cream and pulling out. He stated that the 166 bulldozers have notpulled 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 would 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€rentee 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 hisIstind. 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. llth, 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 1001 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. 1 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, 112, and 113, Bellflower Street. 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. 167 Tax Title Property 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 would like to start this project in about three weeks 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 Fair Oaks sewers 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 subiject 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. 1 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. Pole Location Petition was received from the Boston dison Company and the NewEngland Telephone & Tele raph Com- pany -for an alteration in the location of c twin poles 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. 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 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 Officers for terms expiring September 1, 1951;(see Selectmen's Files -"Election Worker's 1950). A special meeting of the Boprd 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.. Use of Hall Election Officers 170 Shoppers Haven S. S. Lic- ense Sus- pended Dacey License Lowry Sunday Sales O'Connor Sunday Sales Billing Machine Work SELECTMEN'S MEETING August 11, 1950 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Friday evening, August 11, 1950 at 7:30 P. M. Chairman Emery, Messrs. Driscoll, Nickerson and Hoyt were present. Letter, was received from chief kycroft ad- vising that Louis Kraff, of Shoppers Haven, was in the Concord District Court on Wdnesday, Aug- ust 9th and charged with violation of the Sunday Sales Law, by selling ham to a State Trooper on Sunday, August 6th. Upon motion duly made and seconded, it was unanimously voted that the license dated June_1, 1950 granted, pursuant to Chapter 136. of the Gen- eral Laws (ter. ed.) Section 7 as amended, to Edward J. Conley, d.b.a. Shoppers Haven, to sell frozen desserts, ice cream mix, confectionery, soda water or fruit on the'Lord's Day at 316 Marrett Road, be and hereby is suspended forthwith until further notice. Application was received from John J. Lacey, 17 Mayflower Hoed, Arlington for a Sunday Sales License and also a Common Victualler's License at 424 Marrett Road. Mr. Dacey has purchased the store formerly operated by Mr. Gallo and a satis- factory' character reference was received from the Chief of Police. Upon motion duly made and seconded, it was voted to grant both licenses, subject to a fee of $5.00 each. Mr. Kieran J. Lowry's application for a Sun- day Sales License at 286 Marrett Road was held over until Mr. Gay returns from his vaction and all members of the Board are present. Further action on Mr. O'Connor's petition for a Sunday Sales License at 271 Lincoln Street was also held over until Mr. Gay returns from his vacation. It was agreed to delay any transfer of the billing machine work until Mr. Walker's status re military service becomes more definite. Further consideration was given to Mr. Eugene Buckley's offer of $100 for Lot A Grant Place. CC 1 171 Upon motion duly made and seconded, it was voted thata proposal to sell the lot be advertised in the Lexington Minute Man and that further con- Tax Title sideration be given the offer at the next meeting Property of the Board. It was also agreed to sell the lot to Mr. Buckley providing no higher bid is obtained and also providing the Town Engineer sees no practical reason for not disposing.dt the property, and further based on the assumption that the Town Counsel will incorporate in the wording of the deed any necessary easements of travel, drainage or otherwise. Mr. George W. Proctor met with the Board, at the Board's invitation, to answer questions concerning a Draft Board. Mr. Proctor informed the Board that physical examinations will be given in Boston, the Board will consist of five members, there will also be two government appeal agents (attorneys), a paid Draft secretary and probably one clerk. He said that Board two rooms should be sufficient for the local Board and that he would serve as Clerk if the Selectmen applied to the State for his transfer. It was agreed to recommend the following as appointees for the Lexington Draft Board: George E. Graves, William H. Driscoll, John F. Dowd, Robert J. Fawcett and Robert C. Merriam. The Board also agreed to recommend, for government appeal agents, Alfred P. Tropeano, Francis E. Burke, Gaynor K. Rutherford and Wilbur M. Jacquith. The Chairman was authorized to advise the State Director of Selective Service that the Selectmen recommend the transfer and appointment of George W. Proctor as Clerk of the Lexington Draft Board when appointed. Upon motion duly made and seconded, it was voted to appoint William M. Burns Acting Superintend- ent of the Public Works Department until Mr. DeFoe returns from his annual vacation. The meeting adjourned at 11:30 P. M. Acting Supt t. 172 SELECTMEN'S MEETING August 21, 1950 A regular meeting of the Board of Selectmen was held on Monday evening, August 21, 1950, at 7:00 P. M. The following members of the Board were present: Chairman Emery, Messrs. Driscoll, Nickerson and Hoyt. The Clerk was also present. At 7:00 P. M. the Chairman read the notice of hearing upon the application of S. Arthur Peterson Gasoline for permission to maintain one underground tank for Hearing storage of 15,000 gallons of #6 oil on the premises located at 544 Lowell Street, Lexington. No persons were present in favor or in opposition. Mr. Hoyt moved that the application be approved and a license granted. Mr. Driscoll seconded the motion and it was so voted. At 7:05 P. M. the Chairman read the notice of the hearing upon the application of Ivan G. Easton for Gasoline permission to maintain one underground tank for Hearing storage of 550 gallons of gasoline on the premises at 16 Winthrop Road, Lexington. Mr. Easton was present and said that he had purchased the property and a permit had been issued to the previous owner. He merely.. wished to transfer it to his name. There was no opposition. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to approve the application. Hearing was declared open at 7:10 P. M. upon the petition of the New England Telephone and Telegraph Company and the Boston Edison Company for a joint pole location on Hill Street, southerly from a point approximately 155 feet south of Diana Pole Lane, three (3) poles. Location The plan was approved by the Town Engineer and the abutters notified. No persons appeared in favor or in opposition. Mr. Driscoll Moved that the petition be approved and the order signed. Mr. Hoyt seconded the motion and it was so voted. The hearing was declared closed at 7:13 P. M. Hearing was declared open at 7:15 P. M. upon the petition of the New England Telephone and Telegraph Company and the Boston Edison Company for a joint'pole location on Robinson Road, easterly from Grove Street, to set nine poles. There were present Mr. and Mrs. Merton 0. Baker, 82 First Street, Somerville, and Mr. William M. Burns, Town Engineer. CC 1 173 Mr-. Baker'stated that he was. opposed to the poles being located on that side of the street and thought they might well be:.located on the opposite side of the street. He said he contemplated building a new home and thought the poles as they had been temporarily erected, were very unsightly. Mr. Burns explained that the poles were usually Pole set on the lot lines and would not interfere with any Location plans that Mr. Baker might, have. The Chairman said that in his opinion the poles would be less noticeable if erected as shown on the plan than they would on the opposite side of the road and this was the opinion. of the other members of the Board. Mr. Baker agreed to contact the representative of the Boston Edison Company and discuss his problem with them. Mr. Nickerson suggested that the decision be with- held for about two weeks'and the other members of the Board approved this action. At 7:25 P. M. Mr. Harold E. Stevens, Town Counsel, entered the meeting. A discussion of the water contract for Prospect Hill Road followed and Mr. Emery told the Board that he had been advised that Tony Melchianno had been able to secure a.bond through the Continental Casualty Co. (Mr. Curtin), and he had been the low bidder for this contract. The Chairman explained that he and Mr. Nickerson had checked this bid and had talked with Tony and inasmuch as only labor would have to be furnished by the contractor, the equipment to be hired, they felt that he could handle the job satisfactorily. Mr. Burns said that he had confidence that Tony could do the work. He had checked his'three references and they were satisfactory. The Chairman asked Mr. Hoyt what his opinion was and he said he was willing to go along with the Chairman and Mr. Nickerson, and also Mr. Burns. Mr. Burns stated that he wanted it understood that he did not know whether or not there was any connection between, Tony and Raimo. Mr. Hoyt asked if it was discouraging men like Mr. Brox in bidding when a contract was always awarded to the low bidder, such as in this instance when the fin- ancial background was limited. The Chairman and Mr. Burns agreed that Mr. Brox was perfectly satisfied with the way the contracts had been awarded.. The Chairman asked Mr. Driscoll for his opinion and he replied that he did not like this kind of com- petition, and he agreed with Mr. Hoyt that it might dis- 174 Prospect Hill Road Water Con- tract Approve Somerset Road Sewer Cert. of Entry Hayward Claim courage receiving bids from other contractors. Mr. Driscoll said he would go along with the Chairman and Mr. Nickerson on this particular contract but he did not approve it as a general practice. Mr. Emery asked Mr. Stevens if there was any legal angle involved in it and Mr. Stevens replied in the negative. A lengthy discussion followed as. to the ability of Tony to do the work and the amount of cash available by him. Mr. Driscoll asked what would happen if Tony were unable to complete the job and Mr. Burns re- plied that his two brothers worked for him and one of them would be capable of taking over. Mr. Driscoll explained that one could not compete against that . type of person inasmuch as he could pay the other employees and ask his brothers to wait. The ordinary contractor could not do this. Mr. Driscoll quest- ioned whether or not he would carry insurance and Mr. Stevens replied in the affirmative. Mr. Nickerson moved that the contract be awarded to A. Mechianno and Mr. Hoyt seconded the motion. Mr. Driscoll saidthat he had expressed his viewpoint but would go along with the rest of the Board. The Chairman asked Mr. Burns if he had con- fidence that Tony would work with him and Mr. Burns said he thought Tony would try. A further discussion followed as to the ready cash Tony would have to meet"payrolls. Mr. Nickerson then made his motion contingent upon the basis that Tony produce the 3,000 which he says is available for payroll purposes. It was decided to ask Tony to show the 0,000 and Mr. Stevens suggested that an arrangement be made, possbly with the bonding company, to—have them hold the amount to assure the town that the payrolls would be met as agreed. Mr. Driscoll stated that he wished to be recorded as opposed to the motion. Mr. Burns reported on the Somerset. Road sewer request. Signatures had been obtained from 75% of the owners and 67% of the houses. The Board was in agreement that this sewer construction be approved. • Mr. Stevens presented a certificate of entry on Watson Road for the signature of the Board. All copies were retained by the Town Counsel. Mr. Stevens reported that he had received a letter from Judge Northrup in behalf of one Hayward. Mr. Stevens stated that the property was not owned by Hayward at the time the land was taken and would suggeste:compromising on. this case on a small basis 1 175 only in order to avoid the expense of a trial. It was recommended that the Town Counsel consult further with Judge Northrup before any definite action is taken. Mr. Stevens reported that he had talked with Mrs. Sexton and had drawn an agreement to be signed by Mrs. Leary et al. Mrs. Sexton requested that another drive- Leary way should be put in and wanted a definite date as to Claim when the work would be done. The Board agreed to do the work on the driveway and approved the contract to be sent for signatures; the work to be done by October 10th if the contract is completed and returned by August 31st. A motion was made by Mr. Hoyt, seconded by Mr. Driscoll, to accept the bid of Fred Williams, Inc. in the amount of $7,242.00 for the installation of a new boiler in Cary Memorial Building. The contract was signed and was taken by Mr. Stevens. He advised the Board that the plans had not been submited with the specifications and con- tract. A letter was read from Thomas Napoli concerning the abatement of interest on his deferred water better- ment assessment. The Chairman agreed to write Mr. Napoli and ex,lain that a vote would be prepared by Town Counsel and voted on August 28th to abate the interest charges and that no further charges would..be made until the land has been sold, built upon, or ung til he makes use of the facilities; whichever event first occurs. A memorandum was also refd by the Chairman re- ferring to the sewer betterment interest charges against Ciriaco Cataldo. The Chairman agreed to write Mr. Cataldo and explain that a vote would be pre- pared by the Tuwn Counsel to abate the interest charges and that no further charges would be made until such time as the land has been sold, built upon, or the facilities used; whichever event first occurs. Mr. Stevens presented a deed for the signature of the members of the Board to the Boston Edison Com- pany for certain land on Garwood Avenue and on the corner thereof and Bedford Street. (Copy of deed on file in the Selectmen's Office - Deeds 1950 File) A copy was also given to Mr. James J. Carroll, Town Clerk.and the original taken by Mr. Stevens, Town Counsel Contract for New Boiler Cary Memor- ial Building Napoli Interelst Abatement Cataldo :'Sewer Betterment Int. Abate- ment Sign Deed to Boston Edison Co. 176 Record of abatements At 8:55 P. M. Mr. Frank D. Walker met with the Board at the request of the Chairman to discuss de- ferred assessments. It was decided that notice of deferment should be sent to the Sup+t of Public Works, Assessors, Town, Accountant and the peti- tioner for the abatement.• It would be a lien against the property and in -this way would be on file in the Tax Collector's,0ffice. After a short recess Mr. Cosmos Debonis, 5 High Street, Medford, met with the Board. He explained that he had acquired a section of the Wheeler Estate, approximately 120 lots and the first eleven lots fronton Lowell Street. He had intended to start building in the rear but due to the general conditions of the country he haschanged his plans and would like to start on those lots facing Lowell Street. It is his understanding that a portion of Lowell Street is to be taken by the Town of Lexington to widen the road and he said that he would be willing to sign the necessary papers and give the land to the town, at no cost, if they would take it at this time and make it possible for him to go ahead with his plans. At 9:10 P. M. Mr. DeBonis left the meeting and Mr. Burns explained that a vote of town meeting had authorized this taking and he would like to see it done at this time. There would be no money in- volved and Town Meeting had not provided any funds therefor. He explained that the amount of money needed to do the work by the Town would be com- paratively small and as the land was now in the Land name of one owner it would not be necessary to Taking obtain slope easements, etc. at some later date. Lowell Mr. Hoyt felt that there was money now in Street Highway Maintenance which might be used and at a later Town Meeting if it was necessary to secure more money an explanation could be given as to why this work had been unexpectedly done. Mr. Nickerson moved that the land be taken at this time and the work done as suggested by Mr. Burns Mr. Hoyt and Mr.. Driscoll both approved the motion and it was so voted. Mr. Debonis was advised of the action of the Board and Mr. Stevens was requested to take care of the legal papers necessary in order that the work might be done promptly. At 9:15 P. M. Mr. William Spiers, representing the Pleasant Associates, met with the Board. He ex- plained that he had purchased the Harvey C. Wheeler Estate 1 177 and was interested in the development of the road connecting Winchester and Lexington. The County Commissioners advised him that several years ago the Town had filed a petition requesting the layout of a public way, but this petition was now of no use. He presented a new petition and asked if the Board would consider this project and if in favor of it he would like to have the petition as presented Petition by him in blank, completed and filed with the County County Way Commissioners. Mr. Alan Adams of the Planning Board was present and Mr. Emery explained that this would be referred to the Planning Board for their suggestions and recommendations. As soon as a reply is received from this Board Mr. Spiers would be notified of the action to be taken by the Town of Lexington. Mr. Spiers and Air. Adams retired at 9:20 P. M. Mr. Burns and Mr. Stevens also left the meeting. At 9:20 Mr. Walker, Town Accountant: Mr. Howard Patterson, Chairman of the Appropriation Committee; Mr. Raymond James and Mr. Clarence Smith met with the Board. Mr. Emery explained that he and Mr. Nickerson had met with the Appropriation Committee and had discussed the Barnes property repairs in detail. They had been in accord as to the work already done. However, since that time further thought had been given to the project and the Chairman had secured an estimate for having the garage put in condition. This would be 0196.00. He asked if the Appropriation Committee would have any objections if the Board accepted this bid, have the work done, and ordered Barnes some more small pane windows and shutters to com- Property plete the job. He explained that it would cost about 0600 to remove the building and the cost of repairs would only be a little less than 0200. Mr. Patterson said that the Appropriation Committee felt that the building might be used for storage purposes particularly as more office space may be needed for Civilian Defense Work. The members present from the Appropriation Committee were willing to go along with the suggestion made by Mr. Emery and have Custance Bros. do the additional work and get the building ready for the painter at an additional cost of 0196.00 The Chairman read a letter from Frank D. Walker, Town Accountant, giving further information concerning his return to the U. S. Army. Mr. Walker is now on duty at Camp Devens but advised the Board that he would not take his physical examination until August 29th and if he passed he would be activated on Sept- 178 F. D. Walker Military Leave Water Request Milk St. ember 4th.. In his letter he requested a military leave of absence to commence September 14, 1950. Mr. Walker explained that during the summer months the work decreases in the Accounting Department and at the present time all work has been completed through December. At this time, it would be necessary for the clerks to do the regular routine work each week. Later in the year it will become busier and he suggested that a part-time clerk be employed to assist them. The question was raised as to whether or not it would be possible to obtain a clerk whose work would be satisfactory on a part-time basis and Mr. Walker said he thought it could be done. He also suggested the appointment of Mrs. Ethel Rich as Assistant Town Accountant to give her authority to sign warrants. He said that it would necessitate an increase in pay for both clerks in his Department if these suggestions were carried out. Mr. Walker said that he was now at the Town Office Building evenings and would continue this practice until September 14th. After that time he would be geld to assist and answer any questions . that might arise whenever possible. Mr. Patterson said that the Appropriation Committee had in mind arranging their meetins during the Budget Season so that Mr. Walker might attend and that payment for such service could be on an expense basis. Mr. Walker explained that he would be willing to come at any time and would give all the assistance he could if he continues to be stationed at Camp Devens. The Chairman asked if the members of the Board had any questions and they had none. The Chairman then suggested that this matter be held over for further discussion after August 29th at Which time Mr. Walker's status would have been definitely determined. Messrs. Walker, Patterson, James and Smith retired at 9;55 P. M. and Mr. Burns returned to the meeting. The Chairman read a letter from W. H. Sullivan, 160 Union Street, Leominster, Mass., requesting water installation on Milks Street, off Hill Street, as far as Lots 7 and 8. Mr. Burns presented a sketch showing the proposed installation and the probable cost of $1500 or 10.700, and suggested that this item be included in the 1951 budget. It was agreed that the Chairman should write Mr. Sullivan and advise him that due to prior commit - 1 179 ments for water no action would be taken at this time; however, this would be discussed again when the 1951 budgets are being considered. Mr. Burns explained that there was a waiting period on the delivery of pipe of sixteen to eighteen weeks. He stated that pipe was: available Order for all the work now planned but nothing on hand Pipe for work which might now be requested. A motion was made by Mr. Hoyt, seconded by Mr. Driscoll, to authorize Mr. Burns and Mr. Emery to • place an order for pipe with a delivery date of approxi- mately four months. Mr. Burns explained that there was a brook running from Spring Street through the lots to Grassland Street which needed to be cleaned out. He said the water was not running off and needed attention. The approximate cost would be $600. The Board authorized Mr. Burns to proceed with this work and have the brook cleaned. Mr. Burns reported that he had a request from Mr. Sousa for a water main on Winter Street. His house was nearing completion and he would like the water put in. The Board agreed that Mr. Burns should acknowledge the request and advise Mr. Sousa that this would be put on the waiting list, and the work would probably be included in the 1951 budget. A letter of complaint was read from Carmine Massimilla, 108 Bow Btreet, relative to damage to a fence and retaiihing wall at the rear 9f his pro- perty on Albermarle Avenue, during the sewer con- struction. Mr. Burns said there had been some damage to the wall for which the town was responsible. The Board authorized Mr. Burns to talk with Mr. Massimilla and tell him it would be taken care of. The Chairman read a letter from Robert G. Allen, 253 Bedford Street, stating that there had been damage to his property by the town during construction work, Mr. Burns, was authorized to contact Mr. Allen and endeavor to see that matters are settled to his satisfaction. The Chairman read a petition signed by twenty- one residents asking that the town consider the acceptance of Bartlett Avenue, Arcola Street and Brook Grassland Street Water Request WinterStreet Claim For Damages Claim for Damage 180 Street Pearl Street. The Town Engineer was instructed to Acceptance review the engineering situation for these three requested streets and prepare an estimate for the cost of construction to be sent to the petitioners. Water re- quested Winter St. Permit Held Over Sunday Sales License Tax Abatement A letter was read from Walter S. Harrington and Clifford U. Boggs requesting consideration of a water service to Lots 4, 5 6 and 10 as shown on Park Heights Plan No. 1 on Winter Street. The Chairman agreed to write the petitioners and advise them that the Board do not feel that conditions are any more favorable for this installation now than they were in March when it was previously requested. the situation regarding the supply of water pipe is more critical than it was before and the requests for water extensions have increased rather than decreased in localities where the Board feels priority should be given. Mrs. Flaherty left the meeting at 10:30 P. M. and Mr. Donald E. Nickerson served as Clerk for the remainder of the meeting. A request was received from John Shaughnessy for permission to move a house from the Route 128 at Route 2A to the corner of Massachusetts Avenue, on Wood Street (owned by Toros H. I3ashian). The Clerk was instructed to advise Mr. Shaugh- nessy that the Board wished to check further with the Building Inspector and that further consideration would be given this on August 2Sth. The Chairman stated that Shopper's Haven wished to have the Board reconsider the revocation of their Sunday Sales License. It was agreed that the Chairman would request Mr. Stevens to advise the attorney for Shopper's Haven to reiterate their request after November 1, 1950, at which time the Board would give it their consideration. It was moved and seconded that the partial release as prepared by the Town Counsel for water assessment on Property on Westview Street in the amount of X63.14 be signed and executed. A memorandum was read to the effect. that Mr. Ralph L. Santos, 108A Beacon St., Somerville, had received a tax bill for property which had been sold to the town. Upon motion duly made and seconded it was voted to authorize the Assessors Department to abage the tax on the land formerly owned by 1 181 Ralph Santos on Marrett Road and Grapevine Avenue in accordance with deed by them to the Town dated Jan. 16, 1950. The Chairman read a letter from Mr. James J. Vacation Carroll, Town Clerk, referring to the Report of Pay 1941 as to vacations, wages and salaries. Mr. Carroll made this report in connection with two weeks vacation pay for a clerk in the Assessor's Office. The 1942 report directed the Selectmen to adhere to the report submitted on vacation pay as far as was practical. Them was some doubt about this according to Mr. Hoyt. It was agreed to advise Mr. Carroll that the Departments should adhere to one week for employees from six months to a year, and two weeks for over one year. A letter was read from Harold E. Roeder, Chairman of the Board of Fire Engineers, stating that there was work to be done on the radios which had been installed in their apparatus in April by the Link Company. Repeated requests had failed to bring a response and the Fire Engineers would like to have the Board of Selectmen contact the Link Com- pany to see if this work could be completed. The Chairman agreed to write the Link Com- pany and ask why this work had not been done and when the Town might expect that it would be com- pletep. The Chairman advised the Board that he had received a request from Chief John W. Rycroft con- cerning the bridge on the new Route 128 at Mass- achusetts Avenue. A letter was written by Mr. Emery Commonwealth and it was being given their attention. A letter was received from F. D. Sabin, District Highway Engineer, asking if the use of the Middle- sex and Boston Street Railway building for State Public Works purposes would conflict with our present, or as it may be changed in the near future, zoning laws. The Chairman was authorized to acknowledge this letter and to refer the letter from the State to the Town Counsel and the Planning Board for their advice. An invitation from the Boston Naval Shipysrd to attend the civic celebration to be held on Friday evening, August 25th, on the Esplanade in Boston, was read and placed on file. Fire Eng. - rex. radio equipment Request from Chief re: bridge to the Request from. State re: M & B Bldg. Invitation 182 A letter was read from the Selectmen of the Town County Way of Winchester with reference to the Johnson noad Johnson Rd. project in anticipation of its construction as a County Way. The Board voted to refer this letter to the Planning Board and advise the Winchester Board of Selectmen of their action. A letter was received from the Recreation Playground Director Lawrence H. Bramhall extending an in Activity vitation to the Board to attend the closing exercises of the playground season. The Chairman was authorized to acknowledge the letter and request Mr. Gay, if possible, to attend this function. Further consideration was given to an offer of $350.00 for lots 110, 111, 112 and 113, inclusive, on Tax Title Bellflower Street by David L. Wilson, Jr. Property A notice of the offer was advertised in the August 17, 1950, issue of the Lexington Minute an. No persons contacted the Selectmen's Office as the result of the advertisement. Upon motion duly made and seconded it was voted to sell and convey Lots 110, 111, 112 and 113 on Bellflower Street to Mr. David L. ilson for $350. Further consideration was given tb an offer of $100 for Lot A grant Street, Lexington by Eugene T. Tax Title Buckley. A notice of the offer was advertised in Property the August 17, 1950, issue of the Lexington Minute - Man. No persons contacted the Selectmen's Office as the reuult of the advertiseipent. Upon motion duly made and seconded it was voted to sell and convey Lot A. Grant Street to Mr. lugene T. Buckley for $110. Upon motion made by Mr. Driscoll and seconded by Mr. Hoyt it was voted to approve the figure of $196.00 submitted by Custance Brothers for work on the garage at the Barnes Property. The card discussed further the request of the Lexington Arts and Crafts Society concerning the use of the Buckman Tavern grounds for certain outdoor displays. The Lexington Historical Society had no objections to these uses. The Board voted to approve the use of the Buckman Tavern grounds by the Society and request them to advise the Selectmen of the dates for which the permits are to be issued. An application from Edward E. Abell for the use of Estabrook Hall on Spptember 11, 1950, from 7:00 to 10:00 P. M. for the Lexington Boy's Club was considered. Permit:: 1771 1 1 t 183 Upon motion duly moved and seconded it was voted Use of Hall to approve the use of the hall free of charge. Upon motion duly made and seconded it was approve the following licenses: Countryside Associates, Inc. Lowell St. Lexington l`heatre, Inc. 1794 Mass. Ave. voted to Sunday Golf Sunday Movies Upon motion duly made and seconded it was voted to sign sewer orders for Outlook Drive, Fair Oaks Drive and Marrett Road: (Orders on File in Selectmen's Office - Sewer Orders - 1950). `T Acti g Clerk, Selectme . Licenses Sewer Orders 184 Award Prospect Hill Rd. contract to Geo. Brox Watson Road SFT,FCTMEN'S MEETING August 28, 1950 A regular meeting held in the Selectmen's 28, 1950, at 7:00 P. M. Emery, Messrs. Gay, Dri Clerk was also present. of the Board of Selectmen was Room on Monday evening, August There were'present: Chairman scoll, Nickerson and Hoyt. The At 7:00 P. M. Mr. Joseph H. DeFoe, Supt. of Public Works, and Mr. William M. Burns, Town Engineer, met with the Board. Mr. Burns advised the Board that Tony Mel- chianno had been unable to raise the $3,000 which the Board had requested him to do in order that they might be assured that payrolls would be met if the contract for Prospect Hill and Marrett Road work was awarded to him. The Chairman suggested that all bids might be rejected and this project could be readvertised. Mr. DeFoe and Mr. Burns said this was not advisable. Mr. Nickerson asked if the difference between Melchianno and Brox was 43500., and Mr. Burns replied the net difference was about 41,100. He said if it was possible the Town would take over a portion of the work and save about 41,000 but he would not 1eave Marrett Road torn up all winter. Mr. DeFoe said that Brox bid was a good one. Mr. Driscoll moved that inasmuch as A. Melchianno could not raise the money requested by the Board, to support the contract, it was deemed advisable to award the contract to George Brox, Inc. Mr. Hoyt seconded the motion and it was so voted. Mr. 1eFoe stated that the people on Watson Road are complaining about the shoulders on the road and requesting that they be loamed. He explained that it had been the policy of the town since 1946 to keep the price down and that the cost of loaming the shoulders was so high that it had been omitted on all jobs. He said that Libetsty-Ledgelawn group had made the same request and it had been denied. The additional cost to the abutters would be about $2.00 afoot. On Watson Road the entire cost would be about $400. Mr. Gay said he had been contacted about the condition of the street and had looked it over. He agreed that it looked unfinished and he did not like it. Mr. DeFoe and Mr. Burns agreed that it looked bad but that all the streets had been left in the same condition conforming with the policy of the town to keep the cost down. Mr. DeFoe explained 1 that it would be cheaper for the residents to pur- chase the loaM/ and do the work themselves than it would be i'or them to have the work done by the Town. Mr. Hoyt asked if the entire street would have to be done or just the corners. Mr. DeFoe replied that before you got through substantially all the street would have to be done. Mr. Burns said that on most streets the people had done the work themselves and it looked very well. Mr. Hoyt said if the people want 2t done they should be willing to pay for it. Mr. Gay said he thought they expected it to be done as part of the whole job without extra cost to them. He suggested that Mr. Mears be contacted and told that this was not included in the contract but that if the people wished to sign an agreement to pay for the work it would be taken care. The Chairman suggested holding the matter over for a week. In the meantime Mr. Gay said there .would be an additional cost if the work is done and would report at the next meeting. Mr. Harold E. Stevens, Town Counsel, met with the Board at 7:20 P. M. Mr. DeFoe presented an estimate of pipe needed for work which had been authorized for this year and work pending forwhich signature sheets have been sent out. A lengthy discussion followed as to the amount of pipe to be ordered due to the fact that date of delivery extends from 14 to 20 weeks according to the various sizes. They also discussed the amount of money available and which might carry over into 1951. Mr. Walker, Town Accountant, was requested to sit with the Board •and explained why he had allocated the Water Department Funds as shown on his books. He explained that if an order was placed in 1950 and he had notice of it the necessary funds would hold over to pay for it. However, Messrs. DeFoe and Burns did not concur with the method and the Board felt that once money had been appropriated at Town Meeting it should not be Allowed to lapse. Mr. Emery read from his notes for the Annual Town Meeting under Article 14 the explanation given to the Town Meeting Members. Mr. Stev ns said the money voted was not limited and, therefore, legally the town was not limited in order- ing the pipe. Mr. Hoyt said he felt the Town could not go wrong in ordering the pipe now which they felt could be used in 1951. 185 Purchase of Water Pipe 186 Kineen+s Pond The Chairman requested that Messrs. Walker, DeFoe and Burns retire:and`check the amount of money available to place a satisfactory order for pipe and Messrs. Depoe and Burns returned to the meeting later and suggested that the following order be placed: 7,700 feet of 6" pipe 2 700 " 8n II 2,000 " 12" " They would also order hydrants, valves and fittings. The Chairman asked if the other members of the Board had any questions about this order and ther were none. The Chairman asked if Mr. DeFoe, Mr. Burns and Mr. Walker approved this order and he replied in the affirmative. Mr. Gay suggested that they place a larger order for pipe and if it was needed it would be cancelled before delivery. Mr. Hoyt said he agreed with this suggestion. . After some discussion. the Board authorized Mr. DeFoe to place the following order: 9,000 feet of 6" 3,500 " 8" 3,000 " 12" pipe n Bids for thb development of Kineen ' s Pond were received on Auglist 25th as follows: Michael Ray $5,017.00 Dow Company 5,664.50 George Brox, Inc. 6,240.00 T. R. Rawson 6,946.00 Milla's Florist Nursery Inc. 6,958.00 There was a discussion about omitting the loam from the contract and it was finally decided after con- ferring with Mr. Stevens to omit this item. Mr. Burns that when this project was finished there would be about three times as much area as was originally requested and he thought that the loam could be added at a later date. He said the people would still be getting more than they exped.ted to under the vote of town meeting. The item of a backstop was discussed and Mr. Burns said that he had planned to put a hedge on this area. The Board felt that this might not be too practical and that eventually a fence would have to be erected. The cost of loam was deducted from all the contracts and the bids were then listed as follows: 1 187 George Bro4, Inc. $3,735.00 Dow Company 2,744.00 Michael Ray 3,748.30 Award Millais 3,651.05 Contract Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to award this contract, without loam, to George Brox, Inc. at a cost of 43,735.00 At 8:30 P. M. Mr. Toros Bashian met with the Board re his request for a permit to move a house from R 128 to a location on Wood Street. The Chairman explained to Mr. Bashian that he had talked to Mr. L+ndstrom, the Building In- spedtor, and had been advised that Mr. Bashian must submit a plot plan to that Department before a permit could be issued. He also said that there had been complaints from some of the neighbors in that vicinity. Mr. Bashian explained, by use of the map, just where the house would be located. He also said it was a new house and had been built about three years ago. A'lenthy discussion followed after which Mr. Bashi.n advised the Board that he had already sold the house and would not need the permit. He said he had received a deposit and expected the balance on Saturday. The Chairman said the matter would be laid oh the table and if the deal did not go through Mr. Bashian could again contact the Building Inspector and present the plot plan, after which time the permit would be considered. Mr. Bashian retired at 9:00 P. M. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to close the Town Office puilding on Saturday, September 2, 1950. At 9:10 P. M. Mr. and Mrs. John Chappelle, 72. Hillcrest Avenue, met with the Board. He explained that for the past three months he had been unable to secure any water from his well that could be used. The water was examined by Mr. Jackson, the Health Sanitarian, and was declared polluted. He had made three tests during this time and there had been no improvement. He explained that he had to carry water more than a,quarter of a mile for drinking purposes but had no water for any other use. He said he had steam heat and unless he was able to secure water he could not heat his home. Mr. Chappelle explained that the property on this section of Hillcrest Avenue, with the exception of one lot, was owned by relatives of his and he would Water Request 188 Salary for Vacation New Ambulance Requested Resignation Resignation obtain the necessary signatures to have water installed without any difficulty. The Chairman explained that this condition existed when Mr. Chappelle moved into the property and he must have been aware of it. He said the Town did not feel responsible in any way; however, they were sympathetic to his problems and would discuss it with Mr. DeFoe and Mr. Burns later in the evening. The Chairman also explained the shortage of pipe and said even though the Board wanted to do the work it might cause considerable delay in obtaining this pipe. Mr. and Mrs. Chappelle retired at 9:10 P. M. The Chairman read a letter from the Board of Assessors requesting authorization to pay Miss Dorothy Pierce for a second vacation week. Miss Pierce has been in the employ of the town for seven months. The Board voted to adhere to the policy re- commended by the Wage and Salaries Committee at the March 23, 1942, Town Meeting, which was to grant one week vacation to those employees in the Town service more than six months but less than one year. The Chairman read a letter from the Board of Fire Engineers in which they recommend the possible purchase of a new ambulance at this time. The Chairman agreed to write the Fire Engineers and advise them that the Board were not inclined to take any particular action at this time to replace the ambulance. It was thought that,this might be discussed in the 1951 budget. A letter was received from the Town Clerk advising the Board of the resignation of Mrs. Steele Lindsay from'the School Building Committee. Inasmuch as this committee had been appointed by the Moderator there was no action necessary by the'Board. The Board considerered the resignation of Mr. Henry Brask from the Town Manager Committee.. It was their opinion that his experience on this committee during the past year was extremely valuable and they would like him to reconsider. Mr. Gay agreed to contact Mr. Brask and express to him the opinion of the Board. Messrs. DeFoe and Burns returned to the meeting at 9:30 P. M. A letter and petition was received from Mrs. Martha 1 189 Yntas asking that no .shades be placed on the street lights in the area of 40 Moreland Avenue. No request for shading the lights had been received and the Street Chairman agreed to acknowledge Mrs. Yntas' letter Lights and tell her that if a petition to shade the lights is received her petition will also be considered. Mr. Emery asked Mr. DeFoe if he had any opinion as to water on Hillcrest Avenue. Mr. DeFoe said Mr. Chapelle had made this request several months ago but nothing further had been done on it. Mr. Hoyt said he thought Mr. Chapelle had made Water an earnest effort and was willing to secure the Request signatures.. It was decided that the papers shouldbe pre- pared and a request made for the signati s, with the understanding that thew ater will be installed as soon as possible, depending upon the delivery of pipe. Upon motion duly made and seconded it was voted to approve the following votes which had been prepared by the Town Counsel: VOTED: That pursuant to the authority granted by Chapter 159 of the Acts of 1950, the time for payment of the betterment of 4'836.00 assessed upon land of Thomas Napoli, consisting of about 12.02 acres, situated on Lincoln Street, which assessment was made in connection with the laying of a.water main in said Lincoln Street, is hereby extended, with- out interest, until said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, which ever event first occurs; provided, however, this this exten- sion of time shall terminate immediately if the facilites of said water• main are used for said lot or any part thereof. VOTED: That pursuant to the authority granted by Chapter 159 of the Acts of 1950, the time for payment of the betterment of 4518.40 assessed upon land of Ciriaco Cataldo, consisting of about 14.25 acres, sitauted on Bow Street, which assessment was made in connection with the construction of a sewer in said Bow Street, is hereby extended, without interest, until said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event first occurs; provided, however, that this extension bf time shall terminate immediately if the facilities of said sewer are used for said lot or any part thereof. Votes 190 Gas Main The Chairman read a letter from the Arlington Gas Company requesting permission to install a 6" gas main in Lowell Street from the junction of Woburn Street,a distnce of 2100 feet. The plan had been approved by Mr. Burns. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the request for this installation. The Chairman read a letter from Mr. W. H. McCullough, 67.Valley Road, requesting the installa- tion of a water main. Mr. DeFoe stated that he had advised Mr. McCullough to send in a petition with the signatures of the others who would be served by this extension. The Chairman agreed to ackno*- ledge this letter and request Mr. McCullough to obtain the signatures. A letter signed by William C. Catley, 41 Fair Oaks Drive and Philip R. Brooks, 44 Fair Oaks Drive, requesting the extension of a water main on Water Fair Oaks Drive. The Chairman agreed to acknow- Request ledge the letter and advise the' writer that in view of other commitments and other requests we regret we cannot give any assurance at this time as to the date of installation. Mr. DeFoe and 1dr. Burns left the meeting at 10:05 P. M. A letter was read from Messrs. Littlejohn and Radio Lewis re commending the purchase of two spare parts Request kits, trumpet type speakers and an additional mobile unit. It was decided that the Chairman would look into the cost of the third unit and to bring the matter again at the next meeting. A letter enclosing a bill for 418..00 covering Water excess water, was received from Newton V. Crandall, Bill 40 Middleby Road. It was the opinion of the Board that this bill should be turned over to the bonding company to could paid under the Raimo contract; and in the event they did not pay it the bill was to be abated. Tranfer A letter was received from the Town Accountant advising that there was 445.77 remaining in the Law Department- Expenses Account. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to re- quest the Appropriation Committee to transfer the sum of 4200. from the Excess and Deficiency Account to cover expenditures for the balance of the yeFr. 1 191 Upon motion duly made and seconded it was voted to approve the following licenses; Licenses Countryside Associates Lowell Street Sun. Golf Lexington Theatre, Inc. 1794 Mass. Avenue Sun. Movies The Clerk left the meeting at 10:35 P. M. after which a discussion followed on the Sunday Sales Licenses requests by John OtConnor and Kieran Lowry. No action was taken on these permits. Acting.Clerk, Selectmen. 192 Jurors SELECTMEN'S MEETING September 6, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday evening, September 6, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, ''own Clerk, met with the Board for the drawing of two jurors. Mr. John L. Woodbury, insurance agent, 403 Massachusetts Avenue, and Mr. Herman S. Schwarts, editor, 18 Highland Avenue, wire drawn. Mr. Carroll retired at 7:07 P. M. -The Chairman reported that the organization of Use of Alcoholics Anonymous would like permission to hold a Hall meeting in Estabrook Hall, and also have the privilege of using the refreshment counter, on Sunday, October 15th. Mr. Gay moved that the use of the hall be granted free of charge. Mr. Driscoll seconded the motion and it was so voted. 1 The Chairman read a letter from Mr. Frank D. Walker, Town Accountant, advising the Board that he has passed tis physical examination, and has been accepted by the Town Arany.. He requested Military Leave commencing September Accountant 15, 1950. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant Mr. Walker's request for Military Leave beginning September 15, 1950, and to extend the Board's best wishes. Mr. Joseph H. LeFoe, Supt. of Public Works, met with the Board at 7:10 P. M. Insurance He reported that Converse Hill has talked with him Barnes about the Barnes property and believes that, as a result Property of the recent repairs and remodelling, the insurance coverage should be increased from 411,500 to 423,000. Upoh motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve Mr. Hill's recommendation and authorize increasing the insurance coverage on the Barnes property to 423,000. Mr. DeFoe reported that he needs additional funds for Water Services and explained that he has discussed this subject with the Chairman. The Chairman said that as he recalls, Town Meeting appropriated 421,000 which was estimEted to be sufficient for about 325 services at 465 or thereabouts per seriiee. 193 There have been 290 installed and about 60 more Transfer applications on file of which 49 have been paid for. for water He explained that at the present moment the account services is just about depleted, and there' is pipe on order at a cost of $1,500 which will have to be paid for within the next few weeks. The Chairman suggested that the Board request a transfer of 46,500 based on the assumption that there will be a Fall Town Meeting in October. He informed the other members of the Board that he has discussed this subject with Mr. Cleveland inasmuch as Mr. Pat- terson is out of Town and he has agreed to poll his Board. The Chairman also explained that he had discussed this proposed transfer with Mr. Searle of the Division of Accounts. Mr. Searle said that the acquisition of additional funds appeared to be urgent at the moment and it would seem like a logical transfer from the Reserve Fund. He stated that there is about $12,000 left in the Reserve Fund at the present time and undoubtedly Mr. Stevens, or his concern, will want $2,000 or $3,000 and there is about $10,000 short in the Snow Removal Account. Mr. Hoyt thought that possibly less than $6,500 could be tranferred and then additional funds requested at the Special Town Meeting to be held some time this Fall. to be transferred from the Water Department Available Sur- plus Account. The Chairman said that it would also be necessary to purchase more copper tubing. An order for 15,000 feet has been placed but this may be all used by December and then there would not be any left to start the year. Mr. Gay felt that the Board had no alternative but to request the transfer. Mr. Driscoll said that he would rely upon Mr. Hoyt's judgment from his experience as a member of the Appro- priation Committee. The Clerk was instructed to call Mr. '-leveland (Mr. Patterson being out of town) and advise him that the Board of Selectmen would like a transfer of $6,000 from the Reserve Fund to the Water Services Account. Mr. Cleve- land,agreed to poll his `committee this evening by telephone. Mr. DeFoe presented several requests for street lights and explained each one by the use of sketches. He stated that a representative of the Boston Edison Company and he had inspected the various locations and agreed upon the following recommendations: Boulder Road, 1 light Lincoln Street, 2 lights Baker Avenue, 1 light Gleason Road, 1 light Street Lights 194 Upon motion duly made and seconded it was voted to approve the locations as outlined and recommended by Mr. DeFoe. Mr. DeFoe reported that the New York representative of the Warren Ripe Company is not in favor of giving the Town any pipe this year and claims that it cannot be Water delivered. Mr. DeFoe said that he thought some deal Pipe would have to be made in order to secure the pipe. He said that he would like the Board's permission to write a rather severe letter stating that delivery of the pipe is expected this year in accordance with the agreement and that it is imperative that a certain number of feet is delivered at the price quoted. He explained that the Boston representative felt such a letter might bring re- sults. The Board had no objection. Mr. Gay brought up the subject of drainage on High- land Avenue at the rear of Dr. Murray's property, and mentioned having a pipe laid. The Chairman said that the Board had voted to have the brook cleaned out. Mr. DeFoe said that he spoke to Mr. Burns about this but no mention was made of any pipe being laid. He ex- plained that it would require an 18" pipe and cost ap- proximE.tely 050. The would eliminate any future clean- ing. Mr. Hoyt asked if the necessity of laying the pipe Highland could be eliminated by cleaning the brook every year. Avenue Mr. DeFoe said that it would cost about 640 to clean Drainage it every year. The Chairman said that he is in favor of this project but did not see why it should be done before other projects which have been included in the budgets. Mr. Driscoll explained that this is an item which has been discussed many times and nothing has ever been done. Dr. Murray is somehwat irked because it has been brought up at various times but without any results. He said that he thought Dr. Murray would feel much better if some definite action were taken by the Board. Mr. Gay moved that the Superintendent of rublic Works be authorized to place this project on the list of drainage work to be done with theunderstanding that the pipe will be laid as soon as possible, in its order of priority. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe informed the Board that he did not take any vacation in 1946, 1947 or 1948. He said that in 1946 he spent a great deal of time trying to obtain equipment for the town. In 1947 the Engineer was new and he did not think it would be fair to leave him alone to handle the vast amount of work. In 1948 Mr. Burns was appointed Town Engineer and that year neither he, Mr. Burns or Mr. Weisinger took a vacation because of the volume of work to be done. Vacations 1 195 Mr. DeFoe said that he would like the Board to consider 'extending his time so that he might receive pay for six weeks vacation time. The Chairman said that he thought there might be some legal angles to this and he did not know what the Town Counsel would say. He agreed to discuss the sub- ject with Mr. Stevens. Mr. Gay asked if the Superintendent of rublic Works could be_authorized to haul approximately 80 years of Loam loam from the Fiske School to the East Lexington Library. E. Lex. Mr. Driscoll moved that the superintendent be so Library authorized. Mr. Hoyt seconded the motion and it was so voted. Mr. Gay said that the people on Watson Road are. very much dissatisfied. Mr. DeFoe asked if the property owners wanted to pay for loam and Mr. Hoyt replied that some may and some may not. He said that the situation is bad and he thought the Town should put in loam, six the sides of the road and have it definitely understood hereafter that the Town will do the work and the people will have to pay for it or else it will not be done and .the people so advised. He said that he thought loam srioiild be put on the sides of "atson.•Road at the Town's expense. Mr. Hoyt moved that $o,tson Road be taken care.: of at theTown's expense. Mr. Driscoll seconded the motion and it was so voted. Mr. DeFoe asked if he were to seed it and Mr. Hoyt replied that he thought the property owners would take care of that. The Chairman said that if Watson Road is done now he thought the Town would have to go back to Liberty- Ledgelawn. Mr. Hoyt said that he did not think so. The Chairman asked why the Town should pay for this work rather than having it included as part of the cost of the street. Mr. Hoyt explained that there are two corners which have been left in very bad condition and the people on those corners are not paying for the street anyway. He said that this was not included in the cost and not dis- cussed. He stated that he thought the people assumed the street would be left in a good condition and he does not think that they should now be told that they will have to pay extra because the shoulders were left the way they are. The "hairman said that he did not see why the Town would not have to do Liberty-Ledgelawn, and ''Ar. Hoyt said that the people in that area have all been billed and the situation cleaned up. 196 Proposed Road Lex- ington to Winchester Raimo re- quest for extension of time Radio System Rummage Sale The Chairman wished to be recorded as not voting on this subject. Mr. DeFoe retired at 8:25 P. M. Mr. William Spiers of the Pleasant Associates met with the Board with reference to the proposed road from Winchester to Lexington. The Chairman explained that he had talked to Mr. Cromwell, Chairman of the Planning Board, who informed hoadkised Mr. Spiers that the Selectmen have written to the (Shim that his Board has not acted as yet upon this. He Planning Board, and gave him a copy of the letter to read, but as yet no reply has been received. Mr. Spiers retired at 8:30 P. M. Action upon Mr. Brask's resignation as a member of the Town Manager Committee was held over until the next meeting of the Board. The Chairman read a letter Company requesting an extension ject to December 10, 1950. The Continental Casualty Company on from the Raimo Contracting of time on the Sewer Pro - request was approved by the September first. The Chairman said that he felt the request to be un- reasonable and thought an extension to October 1st would be sufficient. It was agreed to authorize the Chairman to discuss this matter with the Town Counsel and Superin- tendent of rublic Works. Action on the proposed location of nine poles on Robinson Road was held over until the next meeting of the Board. Letter from j'enry C. Littlejohn and Frank D. Lewis, with reference to the Town's radio communication system, was held over from the last meeting of the Board. The Chairman said that the speakers have been tested and are all right. Whether they are an extra or should have been standard equipment at the beginning has not been decided yet. He asked if it would be agreeable to approve the suggestions if it develops that the present contract, with the two speakers which have been furnished, are not adequate and also to have Mr. Stevens modify the contract to include the third mobile unit. He explained that this will not mean that the Town will pay more, but would bring all the units within the guarantee and specifications of the contract. The members of the Board had no objection. Letter was received from Mrs. Louis Cizek on behalf of the Pre -School P. T.A. for permission to con- duct a Rummage Sale at the Barnes property on October 21st. The Board had no objection provided the property will be available at the time. 1 1 The Chairman read a letter from Ralph E. Chadwick, Sealer of Weights and Measures, relative to the pur- chase of a 50 gallon test tank to properly serve the fuel owners in Lexington. At the present time he borrows a test tank from the Town of Uatertown. A quotation of $1,195.00 was enclosed with the letter. Mr. Hoyt moved that Mr. Chadwick to advised that there are no funds available for any such expenditure and suggest that he incorporate it as a Capital Outlay item when making up his 1951 budget. Mr. Gay seconded the motion and it was so voted. A bond in the penal sum of %1,000 wPs received on behalf of John C. Russell as Constable in the Town of ;,exington. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the bond as submitted. Application was received from Philip Welch, Supt. of Public Works in Reading, relative to the position of Superintendent of Public "orks in Lexington. Application was also received from James J. Leahy, 106 Blake Road, Lexington, on the same subject. The Clerk .• was instructed to place both applications on file until some future meeting. Application was received from Challis Wilson, 6 Woodlawn Avenue, Waltham, relative to the position of Town Accountant. The Clerk was instructed to place this on file until some future meeting. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the following licenses: Lexington Theatre, 1794 Mass. Avenue Sun. Movies Countryside Assoc. Lowell Street " Golf A discussion was held on the applications for Sunday Sales Licenses submitted by John F. O'Connor, Five Forks and Kieran J. Lowry, 286 Lincoln Street. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted that the Sunday Sales Licenses be granted until 9:30 P. M. providing it is legal to do so. The Chairman wished to be recorded as not voting on the subject and agreed to contact Town Counsel before the licenses are mailed out. The Clerk informed the Board that Mr. Ralph Nason would like permission to store some microfilm in the Town Office vault. Mr. Driscoll moved that the request be granted. Mr. Gay seconded the motion and it was so voted. 197 truck Weights & Measures Test Tank Bond Application Supt. rubli Works Town Acct. Licenses Sunday Sales Licenses Storage of film 198 The Clerk informed the Board that the American Legion would like permission to conduct an installation Use of rehearsal in Cary Hall on Friday evening, September 8th, Hall from 8:00 P. M. until 9:00 P. M. Mr. Hoyt moved that the use of the hall be granted free of charge. Mr. Gay seconded the. motion and it was so voted. Mr. Daniel Curtin's application for a Second Class Agent's License was held over. The meeting adjourned at 9:20 P. M. A true record, Attest: 1 SELECTMEN'S MEETING September 11, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 11, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Hoyt and Driscoll were present. The Clerk was also present. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the location of one pole on Harding Road, approximately 20 feet southeast of Williams Road. No persons appeared in favor or in opposition. Letter was received from Thomas J. Dickson stating that he strongly objects to the proposed location because he feels that it will depreciate the value of his property. Decision on the petition was held over pending a re- port from the Town Engineer. Mr. DeFoe met with the Board and reported on a complaint registered by Mr. Henning Swenson relative to the drainage at Allen and Blossom Streets. He presented a sketch and explained that there is a culvert under the road at Blossom Street. Mr. Swenson wants the brook eliminated from his property and have the water flow down Blossom and Allen Streets. Mr. DeFoe stated that the State contributes to this condition but insofar as he is able to determine the State does not feel inclined to do anything about it. Mr. Gay asked if the Town ever did iar.M* maintenance work on the brook and Mr. DeFoe replied that to the best of his knowledge the Town has never done any work in this connection. He said that it appears to him to be more or less of a natural coater way, but some water from Blossom Street does flow onto Mr. Swenson's property. When Mr. Swenson fills the land, as he intends to do, the water will then collect on Blossom Street. He said that if this does develop to the point where the Town is obligated a survey should be made. Mr. Harold Stevens, Town Counsel, met with the Board and the Chairman explained the situation to him. Mr. Stevens said that it seems to him that the street does not create a drainage problem and that it is just the natural contour of the land. Mr. Swenson met with the Board at 8:15 P. M. 199 Pole Location Swenson Drainage complaint 200 The Chairman asked if there was water in the brook all the time and Mr. Swenson said that there is none in the dry season, but during the Spring and Fall there is quite a lot of water. Mr. Stevens asked if there is a culvert under Blossom Street and Mr. Swenson replied in the affirm- ative. The Chairman explained that, from the point of view of the taxpayers as a whole, the Board has to feel fairly sure that there is a legal obligation on the part of the Town to involve any particular drain- age problem. Mr. Swenson said that he would be willing to lay the pipe through his land and stated that if he does fill his land he does not know where the water will goy Mr. Stevens asked if the land could be filled up to the grade of the street and Mr. Swenson said that he intends to scoop up the loam, put in fill and then put the loam back. He said that he would fill it in enough to keep the water out because he could not ex- pect to sell the land with water coming in from the street. The Chairman asked what would happen if Mr. Swenson piped the drain from the low spot to beyond the rise at Slocum's property and i"ir. DeFoe replied that it would just spillout. Mr. Swenson asked who would be responsible if he in- stalled the pipe and at some later date it became clogged. Mr. Stevens said that he would be responsible. Mr. Swenson said that the land would not be any good to him if he should be liable to a suit. The Chairman explained that, from what the Board knows at the present time, there does not seem to be any legal obligation on the part of the town. Mr. Stevens said that this appears to be a natural drain. Mr. Couette met with the Board on Mr. Swenson's be- half. The Chairman explained that the Board feels that it is very questionable as to whether this is anything that the Town is obligated for because the water comes from other lands and it is a.natural drainage area. Mr. Couette said that the Town is dumping water onto Mr. Swenson's land. The Chairman stated that, at this point, the Selectmen do not admit that the Town is responsible for any water going onto this land and would not do anything until they have had an opportunity to look at the area in question with the Town Counselk Messrs. Swenson and Couette retired. GC 1 Mr. DeFoe said that he has been contemplating purchasing another sidewalk plow and has carried money in the budget for three years. The model the Town now owns has been discontinued. A sample has been made, but the manufacturer is now involved in a strike and there is no possibility of the unit going into produc- tion this year. In the meantime improvements have been made in the next smaller model so that the size is comparable to the tractor owned by the town. The present unit weighs 4200 lobs. and the new model weighs 4138 lbs. He explained that this is the only tractor that can be purchased for this winter and there is just one left in stock. He said that he would like to look at it and have permission to purchase it if it meets with his approval. The Chairman asked if the $3500 originally appropriated were still available and 1'1r. DeFoe replied in the affirmative. Mr. Gay said that if it is absolutely necessary to have a tractor and there is no possibility of purchasing a larger unit, he would be in favor of buying it provided money is available. Mr. DeFoe said that he definitely felt the Town should have two tractors for plowing sidewalks. Upon motion of Mr. Gay, seconded by Mr. Driscoll it was voted to authorize the Superintendent of rublic Works to purchase an HG -31 tractor from the H. F. Davis Company at a price of y3,509., providing the unit, upon inspection, meets with his approval and further pro- viding there are sufficient funds available. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telelphone and Telegraph Companyfor the location of one pole on Washington Street, northerly side, approximately 230 feet northeast of Highland Avenue. No persons appeared in favor or in opposition. Decision on the petition was held over pending receipt of a report from the Town Engineer. Hearing was declared open upon the petition of the 4 n Edison Company and the New England Telelphone and Telegraph Company for the location of one pole in Robin- son Road, approximately 125 feet north of apoint approx- imately 1,015 feet east of Grove Street. No person appeared in favor or in opposition. Decision on the petition was held over pending receipt of a report form the Town Engineer. Mr. Merton 0. Baker and mr. Ernest' E. Wortman met with the Board relative to the proposed pole locations 201 Tractor Pole Location Pole Location 202 on Robinson Road,.eaeterly from Grove Street. Mr. Baker reported that he had discussed these locations with Mr. Knowdell of the Boston Edison Company inasmuch as he is opt.osed to the locations indicated on the blueprint. Mr. Knowdell agreed to look into the matter and contact Mr. Baker. Mr. Baker agreed to contact Mr. Knowdell again and report to the Board. Mr. DeFoe reported that the total amount due Custance Bros. for work at the Barnes property is 61724.85 and the Chairman reported the following expenditures: shrubs, $100; loam, $90; Mr. Dacey, Barnes $40; Mr. Moakley, 640; venetian blinds, 450; Property painting, 6110; extra windows and blinds, 4115 -- Repatr s a total 43,259.85. The Chairman said that there was a tentative amount of 62,000 allocated for this work and the Appropriation Committee transferred 41500 which leaves a balance of approximately $200. The Chairman read a letter from Mr. Worthen to Mr. DeFoe relative to a drain at Massachusetts Avenue Drainage near Cedar Street, on the Rycroft property. Mr. DeFoe reported that from notes in the Selectmen's reports years ago, it is indicative that the Town might have done some work there, but there are no records stating definitely that the Town installed the drain. Johnson Road The Chairman suggested that Mr. DeFoe contact Mr. Paxton and report to the Board again next week. Mr. DeFoe retired. Mr. Gay reported that Mr. Henry Brask has agreed to continue to serve as a member of the Town Manager Committee more or less as a consultant due to the fact that it will not be possible for him to attend all of the meetings. The Chairman read a letter from the Winchester Board of Selectmen advising that a meeting will be held with the County Commissioners on October 5th to discuss matters,. pertaining to public roads. The Winchester Town Engineer will attend the meeting and request funds under Chapter 90 for the construction of Johnson Road. Winchester would like to have Lexington attend the meeting in behalf of the Johnson Road project. csZ .4 1 i 2O3 The Chairman explained that statements have been made to the effect that Paul Revere Road would be re- quested as the next project and he hesitated to give Johnson Road priority. Mr. Stevens said that the Board could change its position. A letter on this same subject was received from the Planning Board informing the Selectmen that the Lexington Planning Board and the Winchester Planning Board will meet on Wednesday, September 13, 1950 at 4:00 o'clock to inspect the location of the proposed new road. The Clerk was instructed to place this item on the agenda for the next meeting of the Board. Raimo's request for an extension of time on the: Sewer Project was held over from the last meeting. Mr. Stevens reported that he has told Mr. Redman of the Continental Casualty Company that he thought this request would be denied. He also asked Mr. Redman if he and Mr. Peterson were aware of the fact that any extension would have to be paid for by the in- surance company and apparently they both understand that. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to deny Raimo's request for an extension of the completion date to December 10, 1950. Mr. Stevens agreed to so advise Raimo. Mrs. Przyjemski's letter of August 30th was placed on the agenda at the Chairman's request. Mr. Stevens said that he understands Przyjemski's house is not in the street and it appears to him that this is a matter of policy, and the Board should decide that nothing further is to be done or instruct him to advise Mrs. Scurto that she must comply with Scurto the decree. He said that he did not think the Board Case would get into any difficulty with the Court by not enforcing the decree. He said, however, that Mr. Przyjemski could bring proceedings against Mr. Lindstrom, Building Inspector, to make him enforce the ByTlaw. Mr. Driscoll said that he has never seen the building in question and would like to view the premises. Accordingly, further action was held over until the next meeting of the Board. •hiss Maynard met with the Board. relative to the damage to a Town tree at 2380•Massaehus-etts Avenue during the process of digging a driveway to her father's new house. 204 The Chairman explained that the Selectmen have not definitely made up their minds as what should be done. Miss Maynard said that, to begin with, the tree was partly dead before her folks ever came to Lexington, but admitted that a bulldozer went over the roots, She said that the Town's Water Department also damages some of the roots, and her father thought he might have been able to save the tree if it had riot been further damaged by the Tree Town. She said that this entire matter has assumed pro - Damage portions which seem to have gone beyond what the actual= problem'is. The Chairman said that the Supt. of Parks has ex- pressed the opinion that the tree should be taken down and that the Board would look into the matter of the tree,. being damaged by the Water Department as claimed by Miss Maynard. The Chairman asked what she thought would be a fair ,settlement and she replied that she thought her father would be glad to have permission to take the tree down and she also thought that he would agree to pay part of the cost involved. She said she thought Mr. Garrity mentioned $70 for removing the tree. The Chairman informed Miss Maynard that the Board would write her father within a week as to the Board's decision. Miss Maynard retired. Upon motion of Mr. Hoyt, seconded by Mr. Driecoll it was voted to advise Mr. Maynard that the Town will re- move the tree and send him a bill for S7O. Legal The Chairman read a letter from Daniel J. O'Connell inquiring as to whether or not the Selectmen have authorized anyone to place an obstruction on the street or sidewalk at 47 Pleasant Street. It was agreed to advise Mr. O'Connell that no such authorization has been given. Mr. Stevens retired. The following representatives of the Lexington Lions Club met with the Board: Messrs. Tropeano, Crumb, Gustin, Lamont and Evans. Mr. Evans explained that it will not be possible for the Club to hold its Annual Penny Sale at the Belfry Club and because the Masonic Hall and the High School Hall are too small permission is requested to hold the sale in Carp Hall. The Chairman explained that some time prior to the terms df thm present members, the Selectmen had•votedtto adopt -the policy; Trot to'. approve any further requests for holding Penny Sales in Cary Memorial Building, and that 1 2O the present Board had refused requests since that time, including requests received from one of the Churches. Mr. Lamont asked if the Selectmen could grant this request, under the circumstances, without abandoning the policy and the Chairman replied that once a permit is granted these individuals who have been refusted will feel that they have been discriminated against. He said that the Board would have to either grant all requests or none at all. Hesaid that he has an open mind on the subject but could not see how the Board could make an exception. Use of The Chairman asked when the sale would be held Hall and Mr. Evans replied that it is scheduled for Octa ber 26th, but it will be necessary for them to know the Board+s decision not later than next Monday inasmuch as tickets have to be printed. The Chairman said that the Board would consider the request and the group retired at 9:25 P. M. It was the unanimous feeling of the Board that the policy as established prohibiting the use of Cary Memorial Building for Penny Sales should be strictly adhered to. The Chairman read a letter from the Board of Public Welfare requesting approval of an expenditure of 45.45 from the Bridge Charitable Fund for the purchase of one pair of shoes for Kenneth Griffin, Bellflower? Street. Trust Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Fund it was voted to inform the Trustees of Public Trusts Transfer that the request had been received and approved by the Board. The Chairman read a letter from Mrs. Gladys Crumb, on behalf of the Symmes Auxiliary, requesting permission to conduct a rummage sale in Cary Memorial Building. Rummage Mr. Hoyt moved that a permit be granted for the Sale rummage sale to be held at the Bernes Property. Mr. Driscoll seconded the motion and it was so voted. Application was received from the Massachusetts Extension Serivee for permission to conduct Dress- making Classes in Cary Building on September 20th, October 11th, 25th, November 1st and 8th from 10:00 A.M. until 3:00 P. M. Similiar courses were conducted last year and the use of the building granted free of charge. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant the uses as request free of charge. Application was received from the Middlesex County Extension requesting permission to conduct a meeting in Estabrook Hall on September 21st. Use of Hall 206 Licenses Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant the use of the hall free of charge. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Lexington Theatre, Inc. Countryside Assoicates, Inc. Merrill Y. Storts Sunday Movies Sunday Golf Peddler Letter was received from Mr. Carroll with reference to voting equipment for Precinct One. Mr. Carroll sug- gested that when the booths are taken from Cary Building, where they are stored, to the Adams School Voting that they be set up by the men delivering them. Equipment In this way the janitor's bill at the Adams School for setting up and taking down could be eliminated. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to instruct the Superintendent of Public Works to arrange to have the voting equipment delivered to the Adams School. The Chairman read a letter from Ciriaco Cataldo, 59 Bow Street, with reference to the Chairman's letter advising that the interest on the sewer betterment charges had been abated. Mr. Cataldo said that he could not accept the abatement as he felt the sewer charge should be abated without restrictions as to the sale of the land. The meeting adjourned at.9:4O P. M. A true record, attest: • 1 1 SELECTMEN'S MRETING September j.LB 1950 A regular meeting of the Boafd of Se ectmen was held in the Selectme is Room, Town Offi Building, on Monday evening, .eptember 18, 1950, at 7:00 P. M. Chairman Emery, M:ssrs. Gay, Driscoll Nickerson and Hoyt were prese The Clerk was alio present. Mr. James J. Carroll, Town C -rk, met with the Board for th= drawing of two jur. s. Mr. R. Coman Savoy, techni•al advisor, 74 Simonds Road, and arles M. Willis, a'chitect, 21 Colony Road, were dray Mr Carroll retired at :03 P. M. and Mr. DeFoe, Supt. of Public Works, met with the Board. 207 Juror s SELECTMEN'S MRFTING September 18, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 18, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met Board for the drawing of two jurors. Mr. R.Oa'nan Savoy, technical advisor, Road, and Charles M. Willis, architect, 21 were drawn. Mr. Carroll retired at 7:00 P. M. and Supt. of Public Works, met with the Board. Mr. DeFoe reported that Sebastian Triconi of Wal- tham was the low bidder on the Coolidge Avenue - Chapter 90 project and the State Department of Public Works recommend that the contract be awarded to the lowest bidder. He explained that there is not much to report from Dunn & Bradstreet. Mr. Triconi has been in busi- ness for twenty years, does work in the 08,000 to $20,000 bracket, and pays his bills. He said that from any in- formation he has been able to obtain he could not see any- thing that would justify not awarding the contract. The Chairman asked if Mr. DeFoe has seen enough of the plans to be convinced that no entry will be made on private property and he replied that he has seen enough of the cross sections to know that it will not be neces- sary. He said that he recommends awarding the contract to Triconi. The,Chairman read a letter from the State Department of Public Works requesting the Board's signature on three copies of the contract between the Town of Lexington and Triconi, for reconstructing a section of highway in the Town of Lexington on Collidge Avenue. The Chairman asked:if Mr. DeFoe were sure that there is,no question about slope easements and Mr. DeFoe replied in the affirmative. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign the contract. Letter was received from Thomas Sullivan, 5 Page Road, Bedford, stating that he is building a house in Bedford. The Town of Lexington's water main runs in front of his land and he would like to connect with it because the Bedford water line is about one-half mile away and it will be two years at least before it is ex- tended to the Lexington line. with the 74 Simonds Colony Road, Mr. DeFoe, 209 Juror s Coolidge Avenue Chapt. 90 Sullivan re, quest for water in Bedford 210 Cast Iron Water Pipe Mr. Sullivan stated in his letter that the Town of Bedford would have no objection to such an arrange- ment whereby Lexington would bill Bedford and Bedford in turn would bill Mr. Sullivan. Mr. DeFoe explained that some time ago this re- quest came in and was discussed with Town Counsel. At that time it was decided not to furnish water to a Bed- ford resident. When Mr. Stevens, Town Counsel, met with the Board later in the vening the Chairman explained the situation to him, and he said that he would think about it. The Chairman asked if the Board wished to decidecon this question as a matter of policy. Mr. DeFoe said that if this request were granted un- doubtedly similar requests might be received. Mr. Hoyt said that he thought it was one of those things where the Board could judge each caseseparately and to take care of this individual's problem would not cost the Town anything. He stated that he would have no objection but thought there should be some understan4ing with the Town of Bedford as to whether Bedford or Mr. Sullivan would be billed. Mr. DeFoe said that he thought the Town of Bedf3rd should be billed. Mr. Gay suggested some temporary arrangement until Bedford extended its water main. Mr. Hoyt asked if this would be considered as an accommodation or good business and Mr. DeFoe said that he thought it would be an accommodation. Mr. Nickerson questioned Mr. DeFoe's thought on the matter inasmuch as Lexington would be making money, and Mr. DeFoe said that Lexington would be making only about 12.00 a year. It was agreed to defer action until Mr. Stevens ad- vises the Board as to any possible legal angles. Mr. DeFoe reported on future delivery of cast iron water pipe and explained that any orders placed now will not be delivered this year. He stated that the price has in- creased and as a result of his letter to the New York Office of the Warren Pipe Company, Lexington will receive 4,000 feet of 6" at the original price and 600 feet of 8". This will take care of the needs for the balance of the year. He suggested that a letter be written accepting the new prices with an escalator clause to the effect. that at the time of delivery the price may be increasedto a maximum of $5.00 a ten above the quoted price. He said that is necessary if Lexington is to be considered for delivery of the balance of the order and the Board agreed with the suggestion. Mr. DeFoe reported on the signatures received for the construction of Butler Avenue, including the in- stallation of a sewer main. He explained that for the 1 sewer, he has three signatures out of ten, or 242% of the footage. On the Street, he has 11.67% of the signatures. It was the unanimous opinion of the Board that no further action should be taken inasmuch as the percentage of signatures does not justify the con- struction of the street or the installation of the sewer. . Mr. DeFoe reported further on the cost to re- pair the bridge over Vine Brook at Busa's property. He explained that he had'i•eceived a price from Robert Custance of $1,055. for concrete, but he personally felt this to be too low. He s id that, conservatively, $3,000 is as low as he Nought it could be done. Considerable discussion was held on the matter and it was decided to defer decision until Mr. DeFoe has conferred again with Mr. Howard Custance. Mr. DeFoe informed the Board that insofar as Public Liability is concerned, with refernce to the work on the Leary property on Waltham Street, the Town is covered. On rroperty Damage, which the Town does not carry, there is a minimum price of 10; for $1,000 the rate is .194 per $100 payroll; for 45,000, the rate increased 25% per $100 and for $10,000, the rate in- creases 34%. Mr. DeFoe recommended Property Damage coverage in the amount of $10,000. It was agreed to authorize payment of $10,00 property damage coverage in the amount of $10,000 for the proposed work on the Leary property at 45 Waltham Street. Mr. DeFoe reported again on the Rycroft drainage situation at the rear of 2693 Massachusetts Avenue and prosented a sketch of the area involved. He said that he has discussed the subject with r.r. raxton and also with Mr. Higgins of the Engineering Department. He said that he does not know of any way in which the Town con- tributes to the water on the Rycroft property. Mr. Stevens met with the Board at 7:40 and the Chairman explained the situation to him. Mr. Stevens said they if the Town•is not draining water into the land, it is not under any obligation to relieve the situation. Mr. DeFoe stated that Mrs. Rycroft claims that the Town put in the culvert and also built the drain, but there are no such records available. The Chairman reported that he had inspected the property and it is his impression that if the land were filled in there would be'no further trouble. It was agreed that the Chairman should write to 211 Butler . .ve. Street Con- str. & Sewer Vine Brook Bridge $roperty Damage Cover- age 45 Waltham Street 1 Rycroft Drainage Complaint 212 Street Lights Mr. Worthen, who had written to the Board inasmuch as the Savings Bank has a mortgage on the property, that from information obtained it appears that the Town has no moral or legal responsibility for the drainage situation. However, the Board would be willing to re- open the subject if any new facts are presented. Mr. DeFoe said record that he is tendent of rublic his (Mr. DeFoe ' s ) that he would like to have it on recommending Mr. Burns as Superin- Works to fill the vacancy caused by resignation. The Chairman read a letter from The Woodhaven Association requesting the installation of street lights on Woodcliffe Road and Normandy Road. Mr. DeFoe explained that it has been the policy not to act on any single request for street lights, but wait until several have been submitted and then contact the Boston Edison Company and arrange a sur_ vey. He said that he does believe these two streets should have lights, but thought the matter could be considered some time in October or November. The Chairman instructed Mr. DeFoe to contact the Boston Edison Company and have a survey made. The Chairman read a letter from Anthony Ferrani, 66 MortonAvenue, Medford, rcquesting water service to lots on Leonard Road. Mr. DeFoe said that he would recommend placing Leonard this request on the waiting list and further stated Road water that he does not expect to receiveLpipe until October or November. It was agreed to advise Ivlr. Ferrari that, due to previous commitments and the lack of pipe, it is im- possible to make any promises as to when, if at all, water can be installed to service his lots on Leonard Road. The Chairman read a letter from Miss Bertini re- questing a hearing relative to the removal of the curb stone and an elm tree in front of her property at 1341 Elm Tree Massachusetts Avenue. at 1341 Mass. Memo was received to the effect that Mr. Garrity has the specifications for rep :firing the trees at this location rerdy to mail. Mr. Stevens said that he would like to check the Shade Tree law to determine what is necessary insofar as sending out notices of a hearing is concerned. The Clerk was instructed to advise Mr. Garrity not to send out ':ani specifications at this time. Avenue 1 Letter was received from Daniel J. O'Connell with reference to water betterment assessment levied against the Sullivan property on Paul Revere Road. All correspondence from the Selectmen's Files, to- gether with the original agreement signed in 1942, were taken by Mr. Stevens. 213 Sullivan Water Ass- essment Letter was received from Daniel ff. O'Connell with reference to Zoar Avenue. Zoar All correspondence from the Selectmen's files Avenue on this subject was also taken by Mr. Stevens. The Chairman read a letter from Dr. Anthony Colozzi in which he inquired about the removal of a tree which borders his land at 1444 Massachusetts Avenue. Letter was received from Mr. Garrity stating that the tree is on Rowland Avenue, an unaccepted street, and is therefore the Doctor's responsibility. Mr. Garrity did not recommend doing any work on the tree because of the fact that there are many publicly owned trees that need attention. Mr. Stevens said that he would prefer to check the law on this subject before any answer is given to Dr. Colozzi's inquiry. Letter was received from Antonio Buse offering 40X per length for damaged clay -tile pipe owned by the Town. Damaged Mr. DeFoe explained that the pipe costs about Pipe 45/ per foot and Mr. Buse is offering 13/ per foot and if there is any broken pipe that he wants, he would recommend selling it at hit price. Upon motion of Mr Hoyt, seconded by Mr. Driscoll, it was voted to accept Mr. Buse's offer and sell the broken pipe. Dr. Colozzi inquiry re tree removal Executive Governor Dever's Executive 407de1 No. 1 relative to Order the appointment of a Director of Civil Defense by the Civil Selectmen was received and given to Mr. Stevens. Defense He suggested that the Board give some thought to the appointment. Letter was received from George A. Maynard, to- gether with check in the amount of $70 to cover the cost of removing the elm tree located at 2380 Massachusetts Avenue, damaged during the excavation for driveway to Mr. Maynard's new house. The Chairman read another letter from Mrs. Alice Smith, 19 Garfield Street, with reference to a dog which she claims is owned by Paull Franks, 82 Reed Street. Trees 214 Dog Restraining Order Scurto house-Zoar Avenue Complaint re Grant St. Assessments Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted, and hereby ordered Mr. Franks to restrain the dog until further notice. Mrs. Przyjemski's letter of August 30th with reference to the Scurto Building on Zoar,..Avenue was again held over. Mr. DeFoe retired at 8:30 P. M. At 8:40 P. M. the following residents of Grant Street met with the Board: John McKearney, Thomas Cavanaugh, Johannes Carlson, Edson Mabey and Angelo Bus a. Mr.'McKearney said that this group was present tonight to ask about the,betterment assessments on Grant Street. He said that the people who have lived on Grant Street for a number of years wanted the street constructed and asked for it many times. He stated that their complaint is not with this Board of Seleetr men, but their appeal is to this Board. They feel that the street is a public thoroughfare and is being used by every type of carrier known. He said that they feel the assessments as charged against them, after pay- ing taxes for so many years, is unjust and they would like the Selectmen to find a way to relieve them of a substantial amount of this burden. The Chairman said that there is no doubt the street is very widely used and asked if the group had anything definite in mind. Mr. McKearney said that they feel that anything above a 50% reduction would not be out of order. The Chairman explained that the Selectmen are trustees for the other taxpayers and what this group, as abutters, does not pay the taxpayers as a whole will have to pay. He said that it is a question as to what is a fair betterment to the properties and that he does not know the legal situation. The Chairman asked how many years they have're- ceived betterment assessments on their tax bills and Mr. McKearney replied that this is the first year. The Chairman said that the Board would give the matter careful thought and obtain all the information as to the legal situation. Messrs. Mabey, Cavanaugh, Carlson and Busa all said they concurred with the statements made by Mr. McKearney and had nothing further to add. The Chairman inquired as to how long these people had lived on Grant Street, and replies were received as follows: McKearney, 53 years; Mabey, 46 years; Cavanaugh, 40 years; Carlson, 27 years and Busa, 20 years. Mr. McKearney said that in one day he saw eleven disposal wagons, owned by the Town of Brookline, go by his property. He stated that every cement mixer, concrete mixer and all types of equipment used in the construction 1 of the new highway has gone over Grant Street. He said that the amount of traffic and the speed at which it travels is really dangerous, and that from 5:20 until 5:30 he counted 31 vehicles going past his house. Mr. McKearney said that if the group is not satis- fied with the Board's position in the matter, they will take it to the County Commissioners or the State. The group retired at 8:50 P. M. The Chairman asked if the Board has any legal right to abate any charges now and Mr. Stevens asked when the bills were committed. He agreed to give the Board an opinion. Mr. Stevens said that he had received a telephone call from Mrs. Rich, Clerk in the Accounting Department, and that she informed him that there is no one author ized to sign warrants. He stated that it would be neces- sary for the Board to appoint a temporary town accountant. Upon motion duly made and seconded, it was voted to appoint Mrs. Ethel U. Rich as Temporary Town Accountant, pursuant to the provisions of General Laws, Chapter 41, Section 40, effective immediately to hold such office and exercise the powers and perform the duties of the Town Accountant, subject to the pleasure of the Board. With reference to Mr. Cataldo's letter relative to action taken by the Board on the sewer betterment assess- ment levied against his property on BoW..Street, Mr. Stevens suggested that the Board advise Mr. CEtaldo that the recent vote has been rescinded and the Board does not feel that it is justified in abating the entire assessment. Mr. Stevens agreed to compose the letter, and re- tired. The Clerk retired at 9:20 P. M. at the Chairman's request. A true record, Attest: 215 Temporary Town Accountant Cataldo 216 Transfer Requested Transfer Requested Town Offices Police Officer recalled Navy Theresa Avenue Use of Hall On Wednesday, September 20th, the Clerk was informed by the Chairman that the Board had acted on the remain- ing items listed on the agenda as follows: Letter was received from Db. Cosgrove, Chairman, of the Board of Health, requesting a transfer of $2,800 from the Reserve Fund to the Health Department - Expenses Account. A detailed explanation as to the necessity of the transfer was attached, and it indicated an outstand- ing bill in the amount of $373.50 due the Middlesex County Sanitarium with a balance on hand of only $364. According to the Chairman the Board preferred not to request a transfer but to ask for additional funds_at a Special Town Meeting to be held late in October. Letter was received from Mr. Collins, Welfare Agent, requesting a transfer of $3,000 from the Re- serve Fund to the Old A;e Assistance Account and $3,000 for General Relief. The Board preferred to hold this over for the Special Town Meeting. No action was taken on the petition submitted by employees in the Town Office Building relative to the continuation of "skeleton :forces" on Saturday morn- ings during the winter months. The Chairman requested the Clerk to contact sur- rounding towns and inquire as to how the offices are maintained on Saturday mornings and bring the matter up again at the next meeting. Letter was received from the Chief of Police in- forming the Board that Patrolman Joseph A. Belcastro to has been recalled to active duty with the United States Navy and must report for physical examination and duty on Saturday, September 30th. The correspondence on Theresa Avenue was placed on the agenda at the request of the Chairman but no action was taken. Application was received from the Lexington Choral Society for the use of Cary Hall for a rehearsal on December 16th and a concert on December 17th. Application was also received from the Society re- questing permission to use Cary Hall for a rehearsal on April 7, 1951, and a concert on April 8, 1951. The Clerk informed the Chairman that it has been the Boardtspclicy not to grant uses of the building so far in advance and that an oral request had been received by her for the use of the hall on April 8th for a Com- munion Breakfast to be held by the Sacred Heart Church. 1 The Chairman instructed the Clerk to inform the Society that the two uses in December, 1950, were granted free of charge but that the Selectmen do not think it advisable to make any commitments so far in advance. Sunday Licenses filed by Lexington Theatre and Countryside Associates, Inc. for Sunday, September 24, 1950, were approved. Report of the Police Department for the month of August was received. Deed, prepared by Town Counsel, conveying Lot /X, Grant Street to Eugene Buckley was signed. Deed prepared, by Town Counsel, conveying Lots 110-113 Bellflower Street to David Wilson was signed. Request from the Lexington High School for per- mission for the High School Band to parade from the school to the rarker Field, on the days football games are scheduled, was granted. Joint petitions for pole locations on Harding Road, Robinson Road and Washington Street were again held over. The Chairman instructed the Clerk to notify the Town Treasurer and the Town Accountant that Mr. William M.. Burns has been appointed Sup+t. of Public Works, effective September 20, 1950, to fill the unexpired term caused by the resignation of Mr. DeFoe, at the same rate of pay received by Mr. DeFoe. 217 Licenses Report Sign Deed Sign Deed Permit Pole Loca- tion App't. Sup't. of Public Works 218 Jurors Mr. DeFoe resigns Vacation Pay Appointment of Mr. Burns.. App't. Civil Def ense SELECTMEN'S MEETING September 25, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 25, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors for a Jury Pool. Those drawn were: Henry C. Jackson, florist, 40 Clarke Street. Arthur J. Brock, Asst. Engineer, 4 Watertown St. Donald E. Bryant, truck equipment, 8 Hudson Road Edward Ingraham, draftsman, 62 Fern Street. Mr. Carroll retired at 7:05 P. M. The Chairman stated the Selectmen's records of the meeting this evening should include the action of the Board some two weeks ago, accepting the resignation of Superintendent of Public Works Joseph H. DeF.oe (Mr. DeFoe left September 20th.) The Board also agreed to pay Mr. DeFoe two weeks salary after his actual departure from Lexington in view of the fact that he had given up his annual vacation during the first years of his employment with the Town. At the Selectmen's Meeting on September 18th some time after 9:20 P. M., the Clerk having been requested to leave the meeting, Mr. William M. Burns was appointed to the position of Superintendent of Public Works for the unexpired term ending March 31, 1951, at the same rate of pay received by Mr. DeFoe. The Chairman stated that the r ecords of this meet- ing should also include the fact that by a telephone poll, Mr. H. Webster Thomas was appointed (and accepted) as Director of Civil Defense. The State Director of Civil Defense was notified by letter delivered by the Chairman on September 22nd and receipt of said letter acknowledged. Mr. Burns, Superintendent of Public Works, met with the Board. Mr. C. E. Taylor's letter with reference to a side- walk on North Hancock Street was held over from the last meeting. ago 1 . Burns explained that the complications were between Braemore Terrace and Hillside Avenue, and stated that all the trouble is over the trees. A year ago last fall Mr. Burns went up to North Hancock_Street with Mr. Hunt. Mr. Hunt said, before they went ups that the people whose property would be involved were willing to give the Town easements. However, a -Mr. Foskett had been doing some work and the people are not so eager to sign easements. This summer Mr. Hunt telephoned Mr. DeFoe and they went over the entire subject again. Nothing further bras done'until Mrs.. Taylor called and Mr. Burns suggested that she write to the Board. The Chairman asked if there were any funds avail- able in the sidewalk appropriation to do the work. Mr. Burns replied that two years ago money was earmarked in the Highway Maintenance Budget but it was never used and the subject was never brought up again insofar as money was concerned. He said that there is no money available now. The situation has not changed and the same people have the same objections. The Chairman asked if ownership of one or two of the properties have changed and Mr. Burns replied that he knew of only one, but there may be others. He said the difficulty is obtaining slope easementsand the fact that some trees will be involved. The Chairman asked if the Board wanted to advise Mrs. Taylor that if and when slope easements are given in - writing to the Town for the property between Braemore and Hillside, the Board will consider including an item in the annual budget. Mr. Nickerson said that his impression was that the north side was the best side for the sidewalk because there would be no trees involved. Mr. Burns stated that a Mr. Burgoyne is one of the own_ers'and has recordedhimself as very definitely opposed to the sidewalk on that side. He said that there would be some trees involved on.this side also. Mr. Burns explained that the people are not request- ing the construction of sidewalks, but to have the street widened and a shoulder put in for a sidewalk area. They do not want anything that will cost them any amore. The Chairman said that he did not realize this was to be a non -betterment sidewalk. The Chairman suggested, and the Board agreed, to advise Mrs. Taylor that if all the abutters involved would give whatever Town Counsel feels is the proper and neces- sary legal easement, the Selectmen will include this item in the 1951 budget. Mr. Busa's request to have the bridge over Vine Brook repaired was held over. 219 Sidewalk No. Han- cock St. 220 Vine Brock Bridge Water Request Chapter 90 Coolidge Avenue V Woodhaven Street Acceptance Mr. Burns reported that he had discussed this with. Mr. Howard Custance and the cost, using rot -proof timbers will be 41,100. A reinforced concrete bridge will cost $1,245. He explained that,the present wooden timbers have lasted only ten years.. The Chairman asked Mr. Burns if he had any doubt as to whether or not the bridge should be re -built and he replied that he has no doubt in his mind that the bridge in its present condition is a hazard.. Upon motion of Mr. Nickerson, seconded by Mr. Dris- coll, it was voted to authorize the Superintendent of Public Works to accept Custance Bros. bid of 4p1,245. Letter was received from Oscar W. Carlson, 25 Henry Street, Winchester, requesting water to service Lots 111- 113 Fair Oaks Drive. Mr. Burns reported that he suggested that Mr. Carlson submit his request in writing so that it would be on file, but he explained to him that absolutely no guarantee would be made as to when the work may be done. Letter was received from the State Department of Public Works, together with contract in duplicate, to grade, surface with Class I bituminous concrete and otherwise improve about 1,000 feet of road in Lexington, being known as Coolidge Avenue. The contract was signed by the Board and both copies mailed to the State to be signed by the Commissioners.. Letter was received from Robert F. Aiken, President of the Woodhaven Association, together with petitions signed by 77.5% of the abutter involved for the accept- ance of streets in this area. The Chairman asked Mr. Burns if he had any comments and 1ir. Burns said that first-, he thought this should be a 1951 item and second, that insofar as the sidewalks'are concerned, all future estimates and any future contracts to be let should include an item for loaming, seedingand shoulders to be done if the money is available. Mr. Nickerson said that generally cost is very im- portant to the abutter and if the estimates are to be in- creased for sidewalks, they should be definitely informed. The Chairman said that Mr. Burns was not referring to constructed sidewalks but to the matter of loaming and seeding the shoulder in the sidwalk area. Mr. Nickerson said that even so he still felt that the people should be told that loaming and seeding would increase the cost. Mr. Burns explained that the figure sent out is max- imum and not final. He stated that by the time the street is constructed and the bills sent out, some of the property may change ownership. 1 1 In that event the Board may find that some of thepeople want sidwalks and some don't. He said that they could all be told at the hearing how much is included for loaming and seeding. If the majority of those attending the hearing express a desire for sidewalks, the item then can be included when the contract is let. Mr. Gay said that he thought the Board should compel the abutters to accept the extra cost because it seemed too bad to leave streets in such condition as Watson Road was left. Mr. Burns explained that Watson Road was constructed exactly as requested and the same as all streets have been done since 1947. Mr. Gay said that he did not think the Board should give the abutters an opportunity to say whether they want it or not. The Chairman said that he was willing to vote for a change in policy but the Board should keep in mind that there will be objections. Mr. Hoyt said that he felt the Town should put in sidewalks when the streets are constructed. Mr. Driscoll said that he was willing to do along with the other members of the Board if a change in policy is to be mode, but that the members will have to support the Chairman at the hearings. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was unanimously voted that, in the future, the cost of all streets constructed for acceptance is to include the cost of loaming and seeding the sidewalk area. The Chairman read a letter from the School with reference to the Fiske School drive/ay and land fronting on Adams Street. The Chairman requested Mr. Burns to review report next week. Committee the unused this and The Chairman read a letter from the Selectmen of Winchester with reference to Johnson Road. The communication stated that the Winchester Board would like to have Lexington's reaction some time prior to the meeting at the County Commissioners' Office on October 5th. The Winchester Town Engineer has been authorized to request an appropriation from the -ounty for the completion of this proposed road. The subject of Chapter 90 work in Lexington was discussed at some length and the Chairman was authorized to advise the Town of Winchester that Lexington is willing to petition for a layout-, but cannot agree to press for its construction either in 1951 or 1952 because of pre- vious commitments and recommendations already made with the County Commissioners for these years with respect to construction in Lexington with Chapter 90 funds. 221 Johnson Road 222 Pole, Location Pole Location Shade Trees Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve petition. submitted by the Boston Edison and the New England Telephone and Telegraph Com- pany with reference to the following pole location: Robinson Road (new) easterly from Grove Street - nine poles. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve petition submitted by the Boston Edison Company and the New England Telephone and Tele- graph Company with reference to the following pole loca- tion: Washington Street, northerly side, approximately 230 feet northeast of Highland Avenue - one pole. Letter was received from Town Counsel giving his opinion relative to Public Shade Trees. In view of the information submitted by Mr. Stevens, it was agreed that the Chairman should write Doctor Colozzi and advise him that inasmuch as the tree, about which he wrote, is located on an unaccepted street and is not a matter over which the Town has any jurisdiction. Mr. Burns retired at 8:25 P. M. Miss Helen C. Bertini and Mr. Daniel 4orman met with the Board relative to Miss Bertini's request to have an elm tree at 1341 Massachusetts Avenue removed. Miss Bertini asked if the members of the Board had seen the tree which she wants removed and the Chairman replied that they have all been by them and that he, personally, has viewed both sides of the street. He stated that the Board received a report that the trees, in the opinion of an expert, were worth saving. Miss Bertini said that two tree experts have told her the tree cannot be saved. She also said that the Historical Society would go on record as being in favor of having the tree removed. The Chairman explained the report received from the Bartlett Tree Expert Company. Miss Bertini said that she has had tree surgeons in- spect the trees and now she thought she would have to refer the matter to the Safety Inspectors. Mr. Gay asked if she had any objections to telling the Board the name of the tree surgeons and she said that they were personal friends and do not wish to be quoted. Mr. Hoyt said that if she could furnish the Board with information that would counteract the Board's in- formation, consideration would be given to it. The Chairman said that if she would bring in opinions of recognized tree experts and they vary with the opinion submitted by Bartlett, the Board would certainly review the matter. He said that the Selectmen are not anxious to keep trees standing if they are not safe. 1 1 Miss Bertini said that if the Board wants a report from her tree experts she could probably get it, but she did not want the Town to start repairing the trees and then have to take them down. Miss Bertini and Mr. Gorman left the meeting. The Board agreed to authorize the Chairman to advise her that no contract for repairs would be signed without first giving her an opportunity to consult the Safety Inspector from the State if she wants to. At 9:15 P. M. Mrs. Ethel Rich with the Board. The Chairman explained that Mrs. Rich wrote to him and also called him on the telephone after the Board voted last week to appoint her as Temporary Town Account- ant. •She did not want to be sworn as Temporary Town Ac- countant without discussing the matter with the Board. He said that he explained to Mrs. Rich that the Board had only acted last week so that there would be someone to sign the warrants. Mrs. Rich said that the title Temporary Town Ac- countant covers a lot of territory. She said that under this title she could take over the Accountant's position and she does not want to do that. She said that signing the payrolls and warrants was one thing; but doing all the accountant's workwas some- thing_else. The Chairman said that he had told Mrs. Rich that the Board had in mind the fact that Mr. Walker had said it might well be that during the busy season there may have to be another girl in the office. Mrs. Rich said that she expected Mr. Walker was going to be able to spend more time in the office but that she has seen him only three times in eight weeks. She said that she is a Clerk and not an accountant. She explained that there is only three months before the first of the year and there would be meetings of the Appropriation Committeeas well as the Board of Retirement and this all means additional work. She said that the Board of Retirement. would be meeting this week and there is no secretary. She felt that she could take care of the Retirement meeting. Mrs. Rich said that she hoped there would be a part- time accountant to whom she could turn for help because she has never taken care of the controlling ledger or the commitments. Mr. Hoyt suggested contacting Mr. Searle of the Division of Accounts, and thought that he might have someone who could come in two afternoons each week. Mrs. Rich said that she thought the Board would be better satisttied with some such arrangement and she knew that she would be. 223 Temporary Town Accountant 224 Mr. Nickerson said that he thought Mr. Walker would straighten the situation out and be able do do what he told the Board he would do. He said that the Board should contact Mr. Walker before going to the State and find out whether or not he is going to be able to handle the situation. The Chairman said that he would like to contact Mr. Patterson and he thought that he would want Mr. Walker to continue as Secretary to the Appropriation Committee. Mr. Chairman asked if Mrs. Rich would agree to let matter go for this week and she replied in the af- firmative. She did say, however, that she would not like it to go any longer without something being done. Mrs. Rich retired at 9:25 P. M. The following members of the Board of Fire Engineers met with the Board. Messrs. Roeder, Adams, Hynes, .Fitz gerald and Cook. The Chairman read a letter from the Engineers recom- mending an appropriation of 414,000, at the Special Fall Town Meeting, for the replacement of Engine #2. The Cap- ital Expenditure Committee recommended the replacement of this unit in 1951 and the engineers strongly urge that the funds be made available this fall because of the present Article - war situation. Fire Deptt. Mr. Roeder explained that the price, received from three companies, will hold until October 1st only. To enable a Town to protect itself, they recommend that a letter of intent be written subject to the approval of a Town Meeting. If the Town does not vote the funds the letter will be discarded. If the Town does vote the funds the letter would preserve the price that has been quoted. The subject was discussed at length and it was the unanimous opinion of the Board of Seldctmen that an article should be inserted in the warrant for the Special Town Meeting this fall. The Fire Engineers agreed to contact the Appropriation Committee and retired at 10:05 P. M. Letter was received from Mr. Lindstrom, Building In- Building spector, with reference to the wooden frame structure at - Law tached to the Bradford Motor Building at 34 Bedford Street. Violation Upon motion of Mr. Gay, seconded by kr. Hoyt, it was voted to advise Mr. Lindstrom to have the structure re- moved or otherwise comply with the Building By-law. Letter was received from Dominic Varello, 440 Mass - Ave. offering 1200 for Lots 50-53 on Hillside Avenue. Tax Title The Planning Board and the unofficial committee on Committee Tax Title property recommend that the Town retain the land in this area until such time as something definite has been done about the proposed road to be constructed by Mr. Larsen. CC 1 Mr. Gay moved that the offer be rejected. Mr. Hoyt seconded the motion and it was so voted. Letter was received from the Franklin School PTA requesting permission to conduct a Rummage Sale at the Barnes property on Saturday, October 7th. Mr. Driscoll moved that the request be granted. Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from the Board of Health requesting a transfer from the Reserve Fund in the amount of 41,145 instead of 42,800 as originally requested. The figure was revised inasmuch as the Board of Selectmen expect to have a Special Town Meet- ing this fall at which time money for the balance of the year may be appropriated. Mr. Nickerson moved that the Appropriation Committee be requested to transfer the sum of 41,415 from the Reserve Fund to the Board of Health, Expenses Account. Mr. Hoyt seconded the motion, and it was so voted. Letter was received from the Board of Public Welfare advising the Selectmen that, in view of the fact that a Special Town Meeting is to be held in October, it will not be necessary to have funds transferred as requested in the letter of September 15th. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Lexington Theatre, Inc. Countryside Associates, Inc. Jesse Meadows Sunday movies Golf Junk Collector The Clerk informed the Board that Mr. Meadows had requested approval of paying for his license by install- ment as he did last year. The Board had no objection. Upon motion of Mr. Gay, it was voted to giant the fo Ladies Aux., V. F. W. Richard F. Jackson Lex. Health Council Lex. Field & Garden Club Lex. Boys Club seconded by flowing uses Conf. Room n rr n Est. Hall Cary Hall Mr. Nickerson, of halls: Sept. 27th rr u Oct. 2 & 19 Oct. 9 Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to sign deed, prepared by the Town Counsel, as follows: Lots 74 and 75 Tower Street to R. L. Mc Quillan; Lots 12 and 13, Park Street to Mr. W. Weisinger. 225 Rummage Sale Permit Transfer Board of Health Transf er Licenses Uses of Hall Deeds 226 Mr. Gay said:that he thought some definite action should be taken relative to the proposed bus route in Lexington Manor and if the Lovell Bus Company is not interested, then contact the Middlesex & Boston Street Railway. The Chairman said that unless the Board is pre- pared to issue a permit over the route suggested by the Lovell, or some alternative, the Board would be no better off with Middlesex & Boston. It was agreed to invite representatives of the Lovell Bus Lines, Inc. to meet:'with the Board and pre- sent a definite alternate turn -around. The meting adjourned at 10:30 P. M. A true record, Attest: ec en. ir 1 Cotober 2, 1950 R regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 2, 1950, at 7:00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were,present. The Clerk was also present. Mr. Burns,Sup+t. of Public Works, met with the Board and requested permission to rebuild the steps at Spencer's property on Waltham Street. He explained that the steps were not properly spaced in the beginning and Mr. Spencer has been asking to have them corrected for the past six months. Mr. Burns stated that the job should be corrected and he received a quotation from Custance Bros. of $100. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to authorize the Supt. of Public Works to have the steps at the Spencer property on Waltham Street rebuilt. Mr. Burns requested permission to advertise contracts for sidewalk construction. He mentioned requests received from a Mr. Cox, the Christie* Science Church and Mr. Grindle, and explained that he would like to advertise this week and do as many sidewalks as possible this Fall, finishing in the Spring. If he advertises now the $6,000 appropriated will carry over. Mr. Gay moved that the Supit. of Public Works be authorized to advertise contracts for sidewalk construc- tion. Mr. Nickerson seconded the motion, and it was so voted. Mr. Burns requested permission to purchase two car- loads of 6" V. C. pipe, and recommeded purchasing one carload from the Lexington Lumber Company and one from Waldo Bros. He explained that he has no pipe now and can secure it out of stock, but not enough to meet his needs. It was his opinion that it would be well to have two concerns trying to secure the pipe. Mr. Gay moved that the Sup't of Public Works be authorized to purchase two carloads of 6"` V. C. pipe; one carload from the Lexington Lumber Company and one from Waldo Bros. Mr. Nickerson seconded the motion and it was so voted. Letter from the School Committee with reference to the maintenance of the driveway to the Fiske School and grading the playground area at the school was held over from last week. 227 Rebuild Steps Spencer Property Waltham Street Sidewalk Construction, Advertise- ment Order for 6* V.C. pipe 228. Fiske School Driveway May Gravel Pit' Mr. Burne presented a recommendation, including seven items, with reference to a uniform policy of maintenance of all grounds and driveways surroundii all public buildings. The Clerk was instructed to .mail copies to each member of the Board, and place the School Committee's letter on the agenda for the next meeting of the Board. Mr. Stevens, Town Counsel, and Mr. Lindstrom, Plumbing Inspector, met with the Board at 7:23 P.M. Mr. Stevens said that last Tuesday Mr. Lindstrom called him and reported that Luke May was taking gravel: out of a wide area down on 1 oburn Street. He said that he had checked with Mr. Spencer and was told that no gravel had been taken out of this area for twenty years. Mr. Stevens dictated, and Mr.. Lindstrom served on Mr. May a notice that the re- moval of gravel was a violation of the Zoning By -Laws and he must cease immediately. Mr. May called Mr. Stevens and said that this area had been used as a gravel pit all along; by Break when owned by them and by him since he purchased the property. Mr. Stevens advised him to cease operations until the matter was straightened out, but Mr. May was not willing. Mr. Stevens then called Mr. Lindstrom and told him that he should try and ascertain the facts. He said that if May has been selling gravel out of there for several years, it could possibly be a non- conforming use. Mr. Stevens said that there is also some question in his mind as to whether May is going tp continue. He reported he then called the Chair- man and told him the situation, and it was decided to obtain more information from Mr. Lindstrom before proceeding further. Mr. Stevens and the Chairman inspected the area Sunday and there is a large hole there. Mr. May said that he was improving his land which had gravel in it and would not hold water. Therefore, he is unable to grow anything in it. He said that he was taking out gravel, bringing the land down to grade and spreading loam on it. The Chairman said that he had asked Mr. Lindstrom to interview three people, if he could, who would have some knowledge as to whether or not this pit had been used during the last few years. Mr. Lindstrom reported that the land has been cut away now so that it is about 100 feet from the road. There is a bulldozer coming in from Woburn Street and they seem to be pushing from Woburn Street back toward the sand pit and if a car were driven in from the road it would drop about fifteen feet. Mr Spencer informed Mr. Lindstrom that gravel has not been taken out of this pit for thirty years. 1 229 Mr. O'Connor, who used to live in the area, said it was between fifteen and twenty years and Mr. Cronin, who played in the area when he was a youngster, said that nothing has been taken out for thirty-two years. Mr. Lindstrom said that May told him he had taken gravel four years ago. Mr. Burns reported that, to his knowledge, May has been hauling out of this pit for two years and has had trucks there all year in back of the nursery. The Chairman asked if Mr. Burns meant the were hauling out of Woburn Street and he replied that they were using Woburn Street as a way to get in and out. Mr. Stevens said that if this pit was being used in 1924, when the Zonins By-law was adopted and also since then, he could continue. He also suggested that he and Mr. Lindstrom confer with Mr. May. Mr. Driscoll agreed to discuss the subject with one of -the former executives of Breck Robinson Company in an•endeavor to obtain further information. Mr. Lindstrom at 7:55 P.M. Mr. Johnson, representative of the Lovell Bus Lines met with the Board at 8:00 P.M. £he Chairman explained that the Selectmen were trying to re -activate the proposed bus route over Grant Street, to East, over East Street to Adams Street, etc. Mr. Johnson presented a letter from his company stating that, in its opinion, it will be agreeable to use as a suitable turn around any street leading off Simonds Road and returning to Simonds Road. Under North the Department of Public Utilities rules and regular Lexington tions, they are not allowed to make use of a back Bus Route around turn around. The letter further stated that if tie Selectmen will advise what street they prefer, the Lovell Bus Co. will make formal application for a permit immediately and providing a satisfactory certificate in received from the Department, will establish service over the new route on a 60 day trial basis. Inasmuch as the Board can not issue a license for buses to travel over unaccepted streets, Mr. Burns was of the opinion that the only loop available would be up Bertwell, Eaton and Blake Roads. Mr. Johnson explained that his Company could travel •L Bedford Street, but there would be re- striction of almost 1,000 feet. The members of the Board decided to ride over the area Saturday morning and Mr. Johnson agreed to write a letter outlining the schedule of operation. Mr. Johnson retired at 8:10 P.M. 230 Crouch Sewer Assessment Rich Betterment Assessment Willard Betterment Assessment Mr. Burns also retired. The Chairman read a letter from Mr. W.H. Ballard with reference to the Scott matter and also the Edison Way matter. The Clerk was instructed to make a copy for the Town Counsel. Mr. Stevens retired a 8:35 P.M. The Chairman read a letter from D.S. Robertsonon behalf of Mrs. Edward Crouch, requesting the Board to defer the sewer betterment assessment levied against Lot 76 Grapevine Avenue which, she claims, is not benefitted by the sewer. The Clerk was instructed to obtain a sketch of the property from Mr. Burns and the members of the Board agreed to look at the area on Saturday morning. The Chairman read a letter from Mrs. Ethel U. Rioi requesting the Board to defer, without interest, the sewer betterment assessment levied against a corner lot, owned by her, on Kendall Road. It was the opinion of the Board that this is not a case to which deferment under Chapter 159 of the Actsof 1950 would be justified. The Chairman read a letter from Miss Edith W. Willard requesting a extension or abatement, with- out interest, of the water better assessment levied against her property on North Street identified as Lot C. The members of the Board, having vim this property some time ago, were familiar with its condition. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to extend the time for payment of the betterment assessment of 095.66 assessed upon the Willard land, consisting of about 316.53 feet and situated on North Street, without interest, until said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. Permit Letter was received from a Mr. Colin M. Ramsay for Loud relative to the 24th Annual State DeMolay Conclave Speakers to be held in Lexington o8 Friday, October 13th. Mr. Ramsay requested periission to use loud speakers in the campaign and also to set up signs at Cary Memorial Building. Both requests were approved by the Board. 1 The Chairman read a letter from Mr. Garrity, Sup't., Shade Tree Division, with reference to a tree at 81 North Hancock Street. The owner of the property plans to do some grading and inasmuch as there are a number of surface roots that may be severely damaged by the use of a bulldozer, Mr. Garrity recommended that the tree be removed. Upon motion of Mr. Driscoll, seconded by Mr.Hoyt, it was voted to authorize Mr. Garrity to post the tree for removal. The Chairman read a letter from Joseph E. Casey, 343 Mass. Avenue, Lexington, offering $1,200 for a parcel of tax title property oii Valley Road formerly owned by Burr. The Clerk was instructed to inform Mr. Casey that the Board will entertain an offer of $1,400. Letter was received from Norman J. Beckett, 48 Valley Road, Lexington, stating that he is willing to pay $75 for Lots 1 and 2, Block 69, Valley Road; theprice haysng.been entertained by the Board. m'. Gay 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. Mx Nickerson seconded the motion and it was so voted. The Chairman read a letter from Mr. Chapin, Veterans' Agent, requesting a transfer of $800 to meet the requirements of his Department for the balance of the year. Mr. Nickerson moved that the Appropr4ation Commit- tee be requested to transfer the sum of $400 from the Reserve Fund to carry this account through November,. inasmuch as further funds may be appropriated at the Special TownMeeting. Mr. Driscoll seconded the motion and it was so voted. The Clerk informed the Board that Mr. Ralph L. Santos had called at the Selectmen:Is Office relative to a sewer betterment assessment levied against Lot 72, Grapevine Avenue, in the amount of $146.67. his parcel of land was purchased by vote of Town Meeting for a trunk line sewer. _ Upon the motion of Mr. Hoyt, seconded by Mr. Drisooll,it was voted to abate the assessment. Further consideration was given to the continuation of skeleton forces on Saturdays throughout the year. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to authorize continuation of skeleton forces on Saturdays throughout the year, at 231 Removal of Tree Tax Title Properyy Tax Title Property Transf er Santos Betterment Assessment Saturdays 232 the discretion of the Department heads; it being understood that sufficient personnel will be in all Departments to take care of the public interest of as the pressure of business may require. Application was received from the Lexington Use of Committee for the United Nations for permission to Hall:'. conduct a meeting in Cary Hall on Monday, October 23d from 8:00 until 1Q;O0P.M. Mr. Gay moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion and it was so voted. Application was received from the Battle Green Chapter DeMolay requesting permission to conduct a play in Cary Hall on November 17th from 6:00 P.M. until 11:30 P.M. and a rehearsal on November 16th from 7:00 P.M. until midnight. Mr. Hoyt moved that the use of the hall for a play be granted subject to a charge of $35 and the use of the hall for a rehearsal be granted free of charge.. Upon motion of Mr. Hoyt, seconded by Mr. Hoyt,it was voted to grant the Lexington Theatre Sunday Movie License. Use of Hall License Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, Sewer it was voted to sign an order for the installation of Order a sewer in Somerset Road from Hayes Avenue 540' southerly. (Copy of Order in Selectmen's Files - Sewer Orders 1950) Letter was received from the Lexington Chamber of Commerce stating the organization would like to go on record as being in favor of the proposed bus route service on Oak Street. The Board agreed to go over the route again Saturday Morning and make some decision next meeting. The meeting adjourned at 9:20 P.M. and the Clerk left. The next regular meeting of the Board of Selectmen will be held an Monday, October 9, 1950, at 7:00 P.M. 1 233 Mr. Patterson, Chairman of the Appropriation Committee, and Mr. Walker, Town Accountant (now on military leave) met with the Board. The following information was dictated to the Clerk by the Chairman. The Board voted to increase Mrs. Ethel U. Riches salary to 50 a week and to increase Mrs. Emma Lockets salary to 41.80,both retroactive to September 15th which is the date on which Mr. Walker officially left on Military Leave. It was also voted to authorize Mrs. Rinh to hire another girl for the Accounting Department, preferably on a part-time basis and at a salary that would be in line with what other Junior Clerks in the Town Office Building are being paid. 234 Gasoline Hearing SELECTMEN'S MEETING October 9, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 9, 1950, at 7:00 P.M. Chairman Emery, Messrs. Gay, Nickerson, Driscoll and -Hoyt were present. The Clerk was aldo present. Mr. Burns, Sup't of Public Works, met with the Board. Hearing was declared open upon the application of Irving Currier for permission to increase the storage capacity of gasoline from 5,000 to 8,000 gallons on the premises located at 400 Lowell Street. Notice of the hearing, which was inserted in the September 28th issugof the Lexington Minute -Man, was read by the Chairman. No persons were present in favor or in opposition. Mr. Driscoll moved that the application be approved and a license issued. Mr. Hoyt seconded the motion and it was so voted. Mr. Burns informed the Board that he has re- ceived a bid for coal of $12.83 per ton from the Lexington Coal Company and $13.00 per ton from Robert Fawcett & Son. He explained that in Coal analyzing the coal contents, the bids are very close. Mr. Gay moved that the Supt of Public Works be authorized to purchase the coal supply for the Town Offices and Cary Memorial Building from Robert Fawcett & Son, and the coal supply for the Public Works Building from the Lexington Coal Company. Mr. Nickerson seconded the motion and it was so voted. Valley Road Water Mr. Burns reported that requests have been re- ceived for the installation of water in Valley Road, North Street and Hillcrest Street. With reference to Valley Road, he explained that the houses in- volved are not new and there are no new residents, but because of a problem created by the construction of Route 128 these houses have been moved and now are in need of water. He explained that 89% of the property owners on Valley Road have signed for the installation and the cost will be about $8,600. 1 235 `. Since the original petition was mailed back with signatures, another individual, Mr. Beckett, has requested water for his house. Now would be the logical time to make the installation before the street is constructed, but if Mr. Beckett's house is serviced an additioal 300 feet of pipe will be required and someone else will have to wait. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sithorize the Supt. of Public Works to install a water main in Valley Road including Mr.•Beckett's house. Mr. Burns explained that authorization had been given to secure signatures for the installation of water in North Street, and 77% of the property North St. owners have signed. This project will cost ap- Water proximately $4,300. He reported that one individual, Mr. LaRose, has spent between $700 and $1,000 on a well which is not satisfactory. Mr. Nickerson moved that the Sup't..of Public Works be authorized to make this extension. Mr. Driscoll seconded the motion and it was so voted. With reference to Mr..Chapelle's request for water on Hillcrest Street, Mr. Burns explained that this individual does not as yet own the land and Water only 44% of the property owners have signed the Hillcrest St. petition. At the present time this installation would serve only one house. Mr. Burns stated that by doing Valley Road, North Street and laying pipe under Aoute 128 he will have on hand only 200 feet of pipe. It was agreed that this installation can not be made now. Mr. Burns reported that Mr. Potter, who owns the new store next to Rix's gasoline station, wants to fill in the front for parking and requested Mr. Burns Potter to lay a drain pipe before the fill is put in. He Drainage said that this is a town drainage problem and Mr. Waltham St. Potter is willing to give any necessary easement. Upon.motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to authorize the Sup+t. of Public Works to correct the drainage problem at a cost of approximately $200 providing the necessary easements are obtained. Mr. Burns asked permission to increase Eugene Moloy's wage rate from $1.30 to $1.35 per hour which will make his rate equal to foreman. Re said that Moloy Mr. Moloy is very dependable and due to additional Salary work Which he has been given, feels he should receive Increase more money. 236 Street Sign Coolidge Avenue Paul Revere Road Mr. Driscoll asked if Mr. Burns recommended the increase and he replied in the affirmative. Mr. Hoyt asked if Mr. Moloy had been given any other duties which would place him in a different category than he was in sixty or ninety days ago and Ar. Burns replied that in asking for the in- crease he was recognizing what he does. Mr. Driscoll moved that the.Sup't of Public orks be authorized to increase Mr. Moloy's salary from $1.30 per hour to $1.35. Mr. Nickerson seconded the motion and.it was so voted.. Letter was received from the First Church of Christ, Scientist, requesting the Town to paint the street sigh denoting the location of the Church and also referred to a previous request for the installation of curbing. Mr. Burns agreed to have the sign painted and said that he has the curbing in mind. Letter was received from the County Commissioners advising that a second hearing will be held relative to the relocation and construction of Coolidge Avenue on Friday, October 27th at 10;30 A.M. Letter was received from the County Commissioners advising that a hearing will be held relative to the relocation of Paul Revere Road, on Friday, October 27th at 10;30 A.M. Letter was received from the County Commissioners Street requesting the installation of street lights on Lights Walnut Street to light the area to the house occupied by Sanatorium physicians. W. Burns agreed to take care of the request. The Chairman read a letter from Gaetano Franceschelli, 34 Grapevine Avenue, requesting a hearing with the board relative to the betterment assessment levied against his property, which he claims to be farm land, on Grapevine Avenue, Members of the Board inspected the land in question last Saturday morning. Upon motion duly made and seconded, it was voted to extend the time for payment of betterment asses sments totalling $1759.98 assessed upon land owned by Gaetano Franceschelli and Berta Franceschelli, designated as Lots.25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36 and 37, situated o;. Grapevine Avenue, without interest, until said land or any part there of is built upon or sold or until the expiration of three years from the date hereof, which ever event occurs first; provided, however, that this extension Franceschelli Betterment Assessment 1 of time shall terminate immediately if the facilities of the sewer main are used for said land or any part thereof. Mr. Burns retired at 8:30 P.M. Mr. John J. Garrity, Suptt. of Parks and Play- grounds, met with the Board relative to the elm trees on Massachusetts Avenue opposite Munroe Tavern. He said that there is no question about elm #1. Tree #2 is the one that everyone seems to recommend should be taken down. There are no roots holding it at all from the inside. He said that if tree #4 is removed he woulq recommend taking them all down. He also recommenethat Miss Bertini be requested to put in two pin oak trees in front of her property, pay for them, but have them under the care and juris- diction of the Town. Each member of the Board had been given a copy of a letter to Mr. Garrity from John H. Lambert, Senior Member of the Forestors Society of America and after carefully considering the subject it was agreed to authorize Mr. Garrity to post trees #3 and #4 for removal. '4r. Garrity said that he could contact Mr. Bertini about planting the pin oak trees. He retired at 9:25 P.M. The Clerk retired and Mr. Burns met with the Board until 9:45 at which time he retired and the Clerk returned to the meeting. Mr. Joseph E. Casey, 343 Massachusetts Avenue, met with the Board relative to his offer of $1,200 for tax title property (Burr) on Valley Road. The Chairman asked if he knew that there is a sewer easement through this property and he replied in the affirmative and said that he thought he could build a house on part of the land. The Chairman asked if he realized that any deed the Town would give would contain the reservation of the sewer easement of the Town and he replied in the affirmative. The Chairman asked if he expected to get more than one house lot and he replied in the negative. The Chairman explained that the Board had a previous offer of $1,200 and advised the prospective purchaser that the price would be $1,400. He asked if Mr. Casey's top price was $1,200. Mr. Casey re- plied in the affirmative and said that it will cost him about 00 to put it through land court. Mr. Casey retired at 9:50 P.M. 237 Elm trees to be removed Tax Title Property 238 The members of the Board felt that Mr. Davidson, who had previously offered $1,200 for the land should be contacted to find out whether or not he is still interested in purchasiragthis parcel of land at $1,200. At the request of the Chairman, Mr. Gay conducted the meeting for the remainder of the evening. Petition for a joint pole location on Harding Road was held over. The Clerk reported that Mr. Pole Burns had discussed this location with Mr. Knowdell Location of the Boston Edison Company and the location, as shown on the blueprint, is the only place to set the pole. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to approve the petition and sign an order for the location of•one pole on Harding RAad, approximately 20 feet southeast of Williams Road. Crouch Assessment Mr. Robertson's letter, on behalf of Mrs. Edward Crouch, requesting deferment of a sewer betterment assessment levied against Lot 76, Grapevine Avenue was held over. The members of the Board inspected this property last Saturday morning and upon motion of Mr. finery, seconded by Mr. Hoyt, it was voted to advise Mr. Robertson that the Board does not feel justified in granting the request. The Board gave further consideration to Mr. Norman J. Beckett's offer of $75 each for lots 1 and •2, Tea Block 69, on Valley Road, A proposal to sell these Title lots was advertised in the October 5th issue of the Property Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Emery moved that the offer be accepted and that Lots 1 and 2, Block 69, Valley Road be sold and conveyed to Norman J. Beckett. Mr. Nickerson seconded the motion and it was so voted. Heavy trucking Shade St. Article Letter was received from Mr. Donald D. Hathaway with reference to the elimination of heavy trucking on Shade Street. Mr. Emery agreed to confer with the Supt. of Public Works. Letter was received from the Board of Appeals re- questing a transfer of $225 to cover expenses for the remainder of the year 1950. It was agreed to insert an article in the Warrant for the Special to, Meeting, October 30th, requesting an appropriation for thris Department. 1 Request was received from Mrs. Cook, on behalf of the Lexington Community Fund, for permission to place collars on the electric light poles; per- mission having been grantedby the Boston Edison Company. The Board had no ;objection. Letter was received from Mr. W.E. Maloney, on behalf of the Lexington Bays' Club, requesting per- mission to conduct a Paper Drive on Sunday, Octber 29th. Mr. Hoyt- moved that the request be granted. Mr. Driscoll seconded the motion, and it was so voted. Application was received from the Ladies Auxiliary V. F. W. requesting permission to conduct a meeting in a Conference Room on October llth from 7:45 P.M. to 10:30 P.M. Mr. Nickerson moved that the request be granted free of charge. Application was received from the Lexington Boys' Club requesting permission to conduct an Annual Meeting in Estabrook Hall on November 2nd from 8:00 P.M. to 10:00 P.M. Mr. Nickerson moved that the use of the hall be granted free of charge. Mr. Driscoll seconded the motion and it was so voted. Letter was received from Donald J. Gillespie, on behalf of the Lexington Junior -Senior High School Band, requesting permission to conduct a Band Tag Day on Election Day, Tuesday, November 7th. Mr. Emery moved that the request be granted. Mr. Hoyt seconded the motion and it was so voted. Mr. Emery agreed to write the Chairman of the School Committee to find out if the Committee favors this activity and also inquire as to why funds can not be included in the School budget to purchase additional uniforms for the band. Application was received from the Lexington Theatre for a renewal of a license to maintain a moving picture theatre at 1794 Massachusetts Avenue. Mr. Hoyt moved that the license be renewed, to expire September 1, 1951. Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to sign deed, prepared by Town Counsel, conveying Lots 28 and 29, Block 95, Centre Street to Manuel A. and Lavinia A. Cunha. Permit Paper Drive Use of hall Tag Day License Deed 239 240 Town Report Order for the installation of a water main in Reed Street, from Ash Street 6601 northwesterly, was signed by the Board. Mr. Emery informed the Board that Alan Adams sug- gested that he Board request bids for printing the 1950 Town R port so that the successful bidder may place an or er for paper which, at a later date, may be diff icul to obtain. The Board agreed that specifications for 500 copies should be mailed and bid obtained. The meeting adjourned at 10:35 P.M. 1 SELECTMEN'S MEETING October 16. 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, October 16, 1950 at 7:00 P.M. Chairman Emery, Messrs. Gay,Driscoll, Nickerson and Hoyt were present. The Clerk and Mr. Burns, Supt. of Public Works, were also present. Hearing was declared open upon the petition of Porter Bros. & Wilson for a permit to maintain an additional underground tank thereby increasing the storage capacity of Bunker oil from 10,000 to 20,000 gallons, on the premises located at 6 Eaat Street. No persons attended the hearing in favor or in opposition. Notice of the hearing, advertised in the October 5th issue of the Lexington Minute -Man was read by the Chairman and the application approved by the Chief Engineer of the Board of Fire Engineers. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to approve the application and issue the permit. At 7:0. P.M. hearing was declared open upon the petition of the Boston Edison Company and the New EnglandTelephone and Telegraph Company for a joint pole location on North Street, approximately 2365 feet northwest of Adams Street. No persons attended the hearing in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was votedto approve the petition and sign the order. At 7:05 P.M. hearing was declared open upon the petition of the noston Edison Company and the New England Telephone and Telegraph Company for joint Pole pole locations on Marrett Aoad, southeasterly from a locations point approximately 445 feet southeast of Massachusetts Avenue (two poles). No persons attended the hearing in favor or in opposition. - Upon Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the petition and sign the order. 241 Bunker oil hearing Pole locations Mr. Burns reported on the drainage problem at Webb and Woburn Streets and explained that a pipe runs from the Faulkner property diagonally across to the corner of Webb and Woburn Streets. Drainage Webb & Woburn St. 242 He explained that when Woburn Street was constructed several years ago, the road was raised and as a result the water was dammed in. The facts, insofar as Mr. Burns has been able to secure them, are that Mr. Wood objected to the water being dammed up. Then he objected because he was afraid the water would go from the street to his land and it was blocked and has been blockedcever since. Mr. Burns stated that is the spring of the year the Faulkner house cellar is flooded. Now Mr. Woods has no objection to the pipe being opened providing there is no catch basin installed. Mr. Burne said that if the pipe is repaired he thought it would work all r ight, and the cost will be about $30. The Chairman asked if this were town water or natural drainage and Mr. Burns replied that it is natural drainage, The Chairman asked if Mr. Burns recommended re- pairing the pipe in an effort to correct the situation and Mr. Burns replied in the affirmative. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Supt. of Public `works to correct the situation as outlined by him providing permission is obtained in writing from the owners of the property involved. Mr. Burns discussed the drainage at Concord Ave. and Waltham Street and reported that the condition insofar as Mr. Abbott is concerned has been taked Drainage care of. Now he has the problem of Mr. Lima. The Concord Ave. water runs off Waltham Street onto his property. Waltham St. The final solution involves running a drain from Hardy's Pond Brook up to Waltham Street. The Chairman asked if it is Town water and Mr. Burns replied in the affirmative and stated that it takes all the water off Waltham Street up to Blossom Street. Mr. Burns said that he has explained to Mr. Lima that he could see no chance of anything being done this year, but Mr. Lima wanted him to bring the sub- ject to the Board's attention. He said that he had talked with Mr. Welch about Chapter 90 and it was his suggestion that some drainage work or some widening might be done on Concord Avenue in 1951. The Chairman suggested, and the Board agreed, thatMr. Burns should advise Mr. Lima that his request will be placed on the list for consideration next year. Mr. Stevens met with the Board. 1 1 1 The Clerk retired for a short time during which wage rates were discussed. When she returned to the meeting the Chairman saidjthat the Board had voted to increase Mrs. Muriel Stoners salary from $31,00 per week to 036.00 per week, effective October 26th. 41e Board also voted hot to make any change in the rates of pay for Senior Clerks this year. Mr. Stevens, town Counsel, referred to Mr. Thomas Sullivan's request for an extension of water main to service his new house which is located in the Town of Bedford. Mr. Carson, a member of the Bedford Board of Water Commissioners, is of the .opin- ion that it would be Lexington's responsibility to file a Special Bill with the Legislature. Mr. Stevens recommedded that no further action be taken by the Selectmen and he agreed to answer Mr. Sullivan's letter. Mr. Stevens referred to Mr. Daniel J. O'Connell's correspondence with f'ef erenee to certain land owned Moretti by Moretti, located on Bow Street and suggested that land no action be taken for the time being. Mr. Stevens reported on the status of the so- called Seurto ease (house on Zoar Avenue in vio- Scurto lation of Building By -Law), and was instructed by Zoar Ave. the Board to proceed to take whatever action is necessary to force the Scurtos to comply with the decree issued by the Court. Mr. Stevens reported that Mr. Brett., attorney for Shoppers Haven, had telephoned and stated that MB. Kraff will do anything the Board wants, but he does not want to erect a partition. He will, however, put up any kind of a movable partition between the two stores and lock it on Sundays. Mt. Stevens told Mr. Brett that he Shoppers would bring the subject to the Board's attention with Haven no assurance that any action would be taken. Mr. Nickerson asked if it is the. Board's inten- tion to have the store closed for a long period of time and the Chairman replied that he does not know. Mr. Stevens expressed the opinion that it would be only fair to discuss the matter with the Chief of Police and ask for his recommendations before making any decision. Mr. Hoyt asked if it is an unfair question to ask Mr. Kraff what he will do to justify the Board's granting a Sunday Sales license and Mr. Stevens re- plied that he understood from his attorney that they will operate on Sunday only that part of the store in which the soda fountain is located and will comply with the law. 243 Salaries Request for water to Bedford 244 If a canvass that can be drawn and secured would be sufficient, he would do that. However, if the Board insists upon something like a sliding grill, he would probably comply. Insofar as dividing the two stores is concerned, Mr. Kraff said that it would be almost impossible to operate the rest of the store as a unit. The Chairman said that he would be willing to authorize Mr. Stevens to ask Mr. Kraff's attorney what he will do and Mr. Stevens said that he had just outlined what the attorney told him, and suggested t hat this is a matter of policy upon which the Board must decide. Mr. Hoyt said thtt if, through Mr. Stevens, Kraff says he will put up a certain type of parti- tion and it seems to be all right, he thought the Board could give him his license. It was agreed that the Chairman would consult the Chief of Police on the subject. Letter and questionnaire was received from the Refuse MDC with reference to refuse disposal incinerators. disposal Mr. Stevens recommended that the questions be answered and returned. The Chairman requested Mr. Stevens to compose a reply for him to sign which he agreed to do. He also took the original letter from the MDC. Notice was received from the Waltham Board of Appeals with reference to a hearing, to be held October 17th, on the removal of gravel. Mr. Stevens took the letter to the Planning Board meeting. Letter was received from attorney Harold B. Dondis, 10 Post Office Square, Boston, relative to Bequest the will of the late Mrs. Angelina F. Remick in which she left her interest as tenant-in-common of real estate at 28 Spring Street to the Town. The Clerk was instructed to forward a copy of ' the letter to Mr. Stevens for acknowledgment. Letter was received from J. B. Cody, 32 Burl- ington Street, requesting the Town to supply water to a house he is building on Nowers Road. Mr. Burns informed the Board that this would Cody request involve 300 feet of pipe and will require.an ex - for water tension down Blake Road and down Nowers Road to Mr. Cody's property for which there is no pipe available. It was agreed to advise Mr. Cody that, due to prior commitments and shortage of pipe,no encour- agement can be given at this time as to when an extension of the water main will be made. 1 1 245. At the Chairman's request, Mr. Franceschelli's letter with reference to the sewer betterment asses- ments.against his property on Grapevine Avenue was placed on the agenda. No change was made in the vote passed by the Board at the last meeting relative to deferment. At the request of the Chairman, Mr.Gay conducted the meeting for the remainder of the evening. The Chairman left the meetthg to confer with the Appropriation Committee relative to the articles in the warrant for the Special Town Meeting, and re- turned later in the evening. Messrs. Stevens and Burns retired. Letter was received from Daniel W. Birmingham, -10 Parquhar Street, Roslindale, offering $150 for Lot 64, Grapevine Avenue. The Clerk informed the Board that Mr. Potter re- commended 20O plus sewer betterment assessment in the amount of 146.67. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was Noted to entertain an offer of $300. A bill in the amount of $25.97 was presented by the American Legion for 12 grave markers purchased Transfer for Memorial Day. The balance in the account is $18.11. When the Chairman met with the Appropriation Committee earlier in the evening he requested a trans- fer of $7.86 from the Reserve Fund to the Memorial Day Expenses Account. Upon motion of Mr. Gay, seconded by Mr. Driscoll, License it was voted to sign Sunday Movie License for Lexington Theatre Inc. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to sign a warrant calling a Town Special Town Meeting to be held on October 30,1950. Meeting The Chairman reported that Mr. Garfield, of the Middlesex & Boston Street Railway Co. telephoned in reply to the Board's letter with reference to relin- quishing the franchise to operate buses on the pro- Oak posed Oak Street route if it proves, after licenses Street have been granted, to be unprofitable. bus route Mr. Walsh, president of the company, has just returned from California, thus the delay for answer- ing the letter, and suggested thatthe Board incorpor- ate in the license something to the effect that if operation of buses is discontinued the license will be considered defaulted. 246 Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the Middlesex & Boston Street Railway Co. a license to operate buses over Oak Street, Baker Avenue to Taft Avenue to Massachusetts Avenue, providing the Company will agree to consider the license defaulted if the service is discontinued. The Clerk was instructed to request the Town Counsel to prepare the license. The meeting adjourned at 9:40 P.M. A true record, attest: �l k, lects*af�t. 1 SELECTMEN'S MEETING October 24, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, October 24, 1950, at 7:00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Burns reported that only one bid had been submitted for sidewalk construction and that was from P. J. Joyce and Son in the amount of 0,043.35. The Chairman asked if the bid included ®11 the projects in the budget submitted at the Annual Town Meeting in March and Mr. Burns replied in the affirm- ative, and stated that the appropriation was 6,000. The Chairman asked if Mr. Burns recommended ac- ceptance of the bid and he replied in the affirmative. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to accept the bid for sidewalk eonstruc= tion submitted by P.J. Joyce and Son, in the amount of *5,043.35. Mr. Burns asked the Board to consider betterment charges on the so-called Liberty-Ledgelawn street con- struction project. Be explained that, adding the en- gineering service on the project and the legal fees, he figures the price to be 3.52 per foot. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize the Suptt. of Public Works to have the bills for the so-called Liberty-Ledgelawn street construction project prepared and sent out, using the figure of 4.3.52 per foot. Mr. Burns reported on the status of the Sewer Service and Water Maintenance Accounts and explained that, at the present time, indications are that the accounts will be short. There are 26 sewer services on deposit now to be done and he is estimating 15 more to the end of the year which amounts to approximately *1800. He said that he might not need the money and would prefer hazing the article in the warrant for the October Town Meetingostponed and included in the warrant for the November Town Meeting. It was agreed to indefinitely postpone the article in the warrant for the October meeting requesting &.n appropriation for Sewer Services - Wages and Expenses. 247 Sidewalk Bid Liberty- Ledgelawn Betterments 248. 1951 Budgets Barnes property heating system Chamber of Commerce Christmas Program Insurance Mr. Burns discussed at some length possible sewer, water and drainage items to b'e.included in his 1951 budgets. It was agreed to indefinitely postpone the: article in the warrant for the October meeting requesting an approp- riation for Water Maintenance — Wages and Expenses. The Chairman suggested, and the Board agreed,that he prepare the budgets up to amounts of $30,000 or $35,000 including the projects which he believes should be done in 1951. The Chairman and Mr. Burns retired at 8:07 P.M. to meet with the Appropriation Committee and Mr. Gay con- ducted the meeting until the Chairman,.returned. Letter was received from Mr. Philip M. Johnson, Scout Executive, suggesting that a heating engineer be consulted relative to the possibility of making some recommendations as to having a dual thermo- static control at the Barnes Building. The communication was referred to the Suptt. of Public Works. Letter was received from the Lexington Chamber of Commerce requesting permission to attach Christmas lights to the Edison poles and locate two Christmas trees -- one at the East Lexington Fire Station and one at the Manor Spa. Permission was also requested to broadcast Christmas Carols following the procedure of last year. The Board had no objection to the lights being attached to the electric poles providing permission is obtained from the Boston Edison Company and it was the opinion of the Board that broadcasting carols is very much in keeping with the spirit of the Season. Inasmuch as there is very little space to locate a tree at the East Lexington Fire Station, the Select- men offered the suggestion that the Chamber of Com- merce consider the possibility of placing a tree on the traffic island at the junction of Massachusetts Avenue, Pollen Road and Pleasant Street. Letter was received from C.L. Coolidge, 503 Waltham Street, requesting that his name be placed on the list of insurance brokers participating in the insurance on Town property. The Clerk was in- structed to advise Mr. Coolidge that he will be given due consideration when the insurance is apportioned again next year. 1 249 Letter was received from Charles B. Wendell, 13 Church Street, Watertown, stating that he would ap- Fuel preciate some of the Town's fuel business. Business The Clerk was instructed to acknowledge the letter and advise Mr. Wendell that it is customary to let the contract for fuel about the first of October each year and suggest that he reiterate his request next September Letter was received from Daniel W. Birmingham, 10 Farquhar Street, Roslindale, stating that he is still interested in purchasing Lot 64, Grapevine Avenue, at Tax the Board's price of $300. Mr. Hoyt moved that a pro- Title posal to sell the lot be advertised in the Lexington Property Minute -Mai and that further consideration be given the offer at the next meeting of the Board. Mr. Nickerson seconded the motion, and it was so voted. Upon motionsduly made and seconded it was voted to grant the following uses of halls; Lexington Community Club, Estabrook Hall, November 4th and 18th, for Puppet Shows to raise funds for the Simmons Scholarship Fund, subject to a charge of $10.00. United Community Services, Estabrook Hall, November 8th, Uses of for a meeting to discuss health, hospitals and medical Hall care, free of charge. Lexington Field and Garden Club, Estabrook Hall, November 13th for a meeting - free of charge. St. Brigid's Church, Cary Hall, November 30th, for a banquet and dance, subject to a charge of $35.00. Upon metidn of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to sign an order for the installation of North St. water in North Street, from Lowell Street, northeasterly water a distance of 870' more oP less. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sign the Warrant for the State Election to be held November 7, 1950. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to sign notices of intention to lay out Cary Cary Avenue from Middle Street to Shade Street a dis- Street tance of approximately 1910.32. feet. Upon motitn of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to sign notices of intention to layout Aerial St. Aerial Street from Daniels Steet to Sutherland Road a distance of approximately 539.41'. 250 5 day week Police Department Mr. Emery returned to the meeting at 8:30 P.M. Officer Benjamin Day met with the Board and ex- plained that he had requested an appointment, as a result of a unanimous vote of the members of the Police Department, and with the permission of the Chief of Police, to discuss a five-day week for the Department. He said that at the present time the men never have two days off together unless they are sick or on vacation. He said that there are 25 depart- ments in cities and towns as far as Springfield, Lawrenceand Norwood now on five-day weeks. The pro- posed change will mean additional men to carry on the assignments as they are now. Officer Day said that he has been a member of the Department for seventeen years and to his know- ledge only one change has been made in time off. It was in 1947 when the men were given every sixth day off. He said that the request for a five-day week is misleading but it amounts to 104 days a year. At present the men are off 60 or 61 days a year. Under the proposed schedule the men would work six days and be off two for five weeks; work six and be off three; work five and be off three. The Chairman asked if the men were now off 60 days and Officer Day replied in the affirmative. He said that under the new schedule they would be off 104 days. He explained that there are 25 men, not in- cluding the Chief, and these would be divided into two groups. Three additional men wince needed. The Chairman asked if the Chief concurre d with the statement that three more men will be needed and Officer Day replied in the affirmative. Mr. Driscoll inquired as to the cities and towns now operating on a five-day week schedule. Officer Davy read the following list: Arlington, Andover, Beverly, Brockton, Brookline, Cambridge, Chicopee, Clinton, Everett, Gardner, Haverhill , Lawrence, Lowell, Lynn, Medford, Melrose,Methunrn, Natick, Newton, Norwood, Revere, Salem, Somerville, Springfield and Westwood. The Chairman asked how many hours the men work now and Officer Day replied that the day men work fifty hours a week and those on school duty have only twenty-five to thirty minutes for lunch. The night men work seventy hours. 1 251 The Chairman asked what it would add up to on an average week and Officer Day replied that there would be thirty-five hours for night men and fifty hours for day men. The Chairmen asked how often a:change is made from day to night duty and Officer Day replies that there is no set schedule. Officer Day said that some of the men wanted an article inserted in the Warrant for the October meeting, but it had closed and now some of them want and Article in the Warrant for the November meeting. He said that he was present this evening merely to bring the sentiment of the men to the Board and stated that he does not think people realize that the Department is on twenty-four duty. Mr. Hoyt said that he thought the request would have a better chance at the Annual March Meeting inasmuch as there would be more time to discuss it. Officer Day said that his own opinion would be tot ake the advice and knowledge of the groups responsible. He said that he thought if this is brought up at Town Meeting and does not have the approval of the Selectmen and the Appropriation Committee, the men would be handicapped. Mr. Gay scid that he though esenting this at the November meeting would be/igychologically, and that it would be much better to present it in March. Officer Day arid that he did not think any of the men in the Department, with the exception of the Chief who meets with the Boards, have any knowledge of the best procedure to follow; He said that they would all like to have the five-day week and that he will report to. them if it is the opinion of the Board that it would be better to wait until the Annual Town Meeting. He said that he personally would be satisfied to wait. The Chairman suggested, and Officer Day agreed, that the Board would think this over and let him know. He said that whatever the Board decides would not bind the Department not to do anything it wants to do. Officer Day retired at 8:55 P.M. Mr. Domenic Petrino and his niece, Miss Frances- chelli, met with the Board relative to a sewer better- Betterments ment assessment levied against his property on Grape- Petrino vine Avenue. Mr. Burns presented a sketch of the property and the Chairman asked if Mr. Petrino intended to connect his house with the sewer. He replied that he would this winter. 252 Ch. of Commerce re off street parking The Chairman asked if he farmed the other two lots and he replied in the affirmative and stated that he receives only enough money from the produce to pay his taxes. Miss Franceschelli said that Mr. Petrino would like the betterments deferred without interest. The Chairman said that the Board would discuss the subject and let Mr. Petrino know what decision is made. Mr. Petrino and Miss Franceschelli retired at 9:25 P.M. Messrs. Tarbox, Johnson, art, Batemen, and Berlinger, of the Lexington Chamber of Commerce, met with the Board. Mr. Tarbox said that the Chamber of has received a number of complaints from its members who in turn have received them from customers relative to park- ing meters. He said that it is not the meters in themselves as it is the fact that they do not have. the option of getting into off-street parking areas. He said that the Chamber would like to know what is being done or if there is anything it can. do to help to secure mor off-street parking. He asked if there was anything being done at the present time to in- crease the off-street parking space. The Chairman stated that the Board has in mind opening a way between the Boston Edison road and Depot Square which should give more off-street park- ing. He said this is the only project he knows of at the moment. He said that Mr. Burns, through his association with the Planning Board, might know of others. Mr. Burns said that the only other project he has heard about is the parcel of land adjacent to the library, and the Chairman said that nothing had been done about ti_at lately. Mr. Burns said that the Engineering Deparment made an estimate of the cost of making this area into a suitable parking space but nothing ever came of it. The Chairman said, with reference tothe Edison Way -Depot Square projedt, that the Selectmen originally had this and referred it to the Planning Board who voted unfavorably on it. The Selectmen felt that it had merits and kept it going, and referred it to Mr. Ballard. He said that more recently the Planning Board in- dicated that they would be glad to take the project over. He explained that he and Mr. Stevens, Town Counsel, have an appointment to meet with Mr. Ballard Friday morning and he thought the situation in regard to Edison Way is ready for signatures and further ac- tion. However, he did not know whether it would be ready for the November Town Meeting. CC 't7 C 1 1 253 Mr. Tarbox wanted to know if tl_ere is any reason why the Library project could not be f ollowed through. Mr. Bateman said that his business had definitely been hurt by the parking meters and the Chairman asked if he could prove this statement and he replied that it would be difficult to prove. Mr. Tarbox said that the Chamber was in favor of the meters and it still is if same additional parking space can be obtained. The Chairman said that he thought, with reference to the area at the Library, the approach would be to the Planning Board and Library,Tte tees. Mr. Johnson said that the Planning Board is in favor of the Library lot and he thought the original auggestion came from the Planning Board. Mr. Gay suggested that the Planning Board write to the Library Trustees and state that it is in favor of the fatoposed parking area at the Library. The Chairman asked if Mr. Johnson thought this was a Planning Board subject and he replied that possibly,;it is and thought it could be easily revived, but that the statue of the Edison Way project is not clear in his mind. The Chairman said that there is no doubt that Mr. Ballard is taking this from the point of view of circulation of traffic rather than having a parking area. He said that he was sure Mr. Ballard has the land owners agreement of what they will or will not do and he will know definitely after the conference next Friday. The group retired at 9:55 P.M. The Chairman read a letter from Mrs. Ann 3. Hunt, 383 Marrett Road with reference to the possibility of including three more homes in the Marrett Road -Prospect Merrett Road Hill sewer project. Sewer Mr. Burns reported that these three homes have been Project included as requested and the projedt will be under- taken some time this Fall. However, it will not be available for use until the summer of 1951. The Chairman read a letter from Brewer & Lord with reference to insurance coverage on Liberty Ledgelawn Streets and Waltham Street. Mr. Burns said that the only street mentioned in Insurance the letter on which the coverage should continue is on streets Waltham Street. He also stated that if Cary Avenue and Aerial Street are accepted at the Town Meeting in November, they should be covered. 254 The Chairman read a letter from Daniel A. Lynch, attorney for Mrs. Emily R. Scheibe, with reference Scheibe to a water betterment assessment in the amount of water $494.71 levied against her property located on Lincoln assessment Street. He requested deferment without interest for three years under the provisions of Chapter 159 of the Acts of 1950. The members of the Board agreed to look at the property in question before taking any action. Letter was received from Leland Emery, in reply to the Chai±man's letter, with reference to a joint meeting of the Selectmen, Assessors and members of Re-appraisel the Taxpayers! Association relative to a profession - of property al re -appraisal of the Town. The members of the Board felt that they would like a report from Mr. Emery as to what progress has been made so far this year but were not in favor of discussing the subject at a joint meeting inasmuch as they felt this was something that should be con- sidered by the Assessors and the Taxpayers' Associa- tion. Purchase of saw Tax Title Property Bus Route Tag Days (School) Letter was received from. Mr. Garrity, together with a quotation on the price of a power say which he would like to purchase. There was some question as to whether or not this had been specifically included in the budget for this year and the Chairman agreed to contact Mr. Garrity to clear the matter. Further consideration was given to Mr. Joseph Casey's offer of $1200 for a parcel of tax title prop- erty on Valley Road. Mr. Davidson, who had previously submitted an offer, was given until October 23rd to advise the Board whether or not he was still inter- ested in purchasing this land. Mr. Hoyt moved that unless so me_word is received from Mr. Davidson be Thursday of this week that a proposal to sell be advertised in the Minute -Man. Mr. Hoyt seconded the motion and it was so voted. Letter was received from the Lexington School Committee advising that the Committee is in favor of the proposed bus route on Grant Street. The Committee will make some increase in the bud- get for band expenses as far as allowed by law so that further requests for Tag Days may be eliminated. The meeting adjourned at 11;10 P.M. Clerk, Selectmen 1 255 SELECTMEN'S MEETING OCTOBER 30, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 30th at 7:00 P.M. Chair- man Emery, Messrs. Gay Nickerson, and Driscoll were also present. The Chairman reminded the Board that last week Officer Day had been told that the Selectmen would give him same statement for the Police Department Police relativeto inserting an article in the November 5 -day week warrant requesting a five-day week for the Police Officers. It was the unanimous opinion of the Board to recommend postponing this subject until the Annual Town Meeting in March. The Chairman explained to the Board that Miss Thompson in the Tax Collector's Department, had been advised by State auditors that if she were appointed and accepted the appointment as Temporary Collector of Taxes she would be entitled to the Temporary same pay as that received by the late Mr. Seaman; Collector the salary having been voted by a Town Meeting. He or Taxes explained that a majority of the Board had appointed Miss Thompson as Temporary Collector of Taxes effec- tive immediately (October 25, 1950), to hold such office and exercise such powers and perform the duties thereof until a Collector of Taxes is duly elected and has qualified according to law. Miss Thompson agreed tot ake the oath of office and sign the necessary documents until the Board had an opportunity to meet and arrive at some decision on the salary. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to ratify the action taken by a majority of the Board on October 25, 1950. It was further understood that Miss Thompson is to receive the same salary received by the late Mr. Seaman, during the period of time she is employed in the capacity of Temporary Collector of Taxes. When Mr. Stevens, Town Couneel, met with the Board later in the evening the Chairman asked about the salary of the other Clerk in the office and Mr. Stevens informed the Board that her salary was an entirely different matter because the rate is estab- lished by the Board. He said thatthe Board chluld in- crease her rate to that of Senior Clerk with the under staiding that when a Collector has been elected the rate will revert back to that of a Junior Clerk. 256 Removal of tree Tax Title Property Action relative to the Junior Clerk's salary was deferred until the next meeting of the Board. The Chairman read a letter from Mr. Garrity, Supt. of Shade Tree Division, advising that work has been started on the removal of two elm trees opposite the Munroe Tavern and before the men have finished, he would like permission to remove tree #2. This particular tree is the one that Mr. Moony, of the Bartlett Tree Company, recommended removing. Mr. Garrity stated in his letter that bh.e tree is full of Scolytus beetles and is very susceptible to the Dutch Elm disease, and if it is to be removed the Boston Edison "ompany, how topping off the other two trees, can top this one at the same time. He further stated that there are sufficient funds in his budget to cover the expense involved. Mr. Driscoll said that he would be guided by Cdr. Garrity's judgment and moved that he be given authority to proceed to have tree #2 removed. Mr. Gay seconded the motion, and it was so voted. The Board gave further consideration to Daniel W. Birmingham's offer of 000 for Lot 64, Section 2, Grapevine Avenue. A proposal to sell was ad- vertised in October 26, 1950, issue of the Lexing- ton Minute Man. No persons contacted the Select- men's Office as a result of the advertisement. Upon motion of Mr. Gay, seconded by Mr. Nicker- son, it was voted to sell and congey Lot 64, Section 2,Grapevine Avenue to Mr. Daniel W. Birmingham. Upon motion of Mr. Gay, sadonded by Mr. Nicker- pon, it was voted to sign the deed, prepared by Town Counsel, conveying Lots 1 and 2, Block 69, Valley Road, to Norman "J. Beckett and Leontine L,., Beckett, 48 Valley Road, Lexington. Application was received from the Lexington Allied Veterans Council requesting permission to conduct memorial services in Cary Hall on November Tax Title llth from 9:00 A.M. until 1:00 P.M. Property Mr. Gay moved that the use of the hall be granted free of charge. Mr. Driscoll seconded the motion and it was so voted. Application was received from Rev. Harold T. Handley on behalf of the Lexington Council of -Churches, requesting permission to conduct a Thanksgiving ser- vice in Cary Hall on Tuesday, November 21, 1950, from Use of 8:00 P.M. until 10:00 P.M. hall Mr. Gay moved that the use, of the hall be granted free of charge. Mr. Driscollsieconded the motion and it was ss voted. 1 Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to approve the aprlication for a Sunday Movie License submitted by the Lex- ington Theatre, Inc. The Chairman read a letter from Doctor Adams of the Veterans' Administration Hospital in Bedford, inviting the members of the Board to attend a meet- ing at the hospital oft November 8th at 2:00 P.M. at which time a motion picture film depicting the ac- tion or the atomic bomb will be shown. Mr. Thomas Napoli left a letter for the Board which he had received from the Collector of Taxes relative to a water betterment assessment in the amount of $157.00 levied against property owned by him and located on Lincoln Street. Mr. Burns explained that the Lincoln Street water main was installed as one job, but there were two different orders filed. The assessment on the first order has been deferred and this is the amount covered in the second order, The Chairman agreed to contact Mr. Napoli, ex- plain the situation to him and tell him that if he wants this amount deferred he should write the Board a letter requesting same. Letter was received from Michael J. Crowley, 299 Newbury Street, Boston, offering $150 for Lot 66, Section 2, Grapevine Avenue. The Committee on tax title property recommended $200 plus the outstanding sewer betterment assess- ment in the amount of $1.46.67. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to advise Mr. Crowley that the Board will entertain en offer of $500. Further consideration was given to Mr. Lynch's letter, on, behalf of Mrs. Emily R. Scheibe, re- questing deferment without interest of the water bettermentassessment in the amount of $494.71. levied against her property at 376 Lincoln Street. A majority of the members of the Board have in- spected the property. Upon the motion of Mr. Driscoll, seconded by Mr. Gay,°it was voted to extend the time for pay- ment of betterment assessment of $494.71 assessed against land of Mrs. Emily R. S heibe, on Lincoln Street, without interest until said land or any part thereof is built upon or sold, mr until the expira- tion of three years from the date hereof, whichever event occurs first; provided, however, that this ex- tension of time shall ttrm.inate immediately if the 257 License Invitation Napoli water betterment assessment Tax title property Scheibe water assessment deferred _.J 258. facilities of the water main aroused for sL:.id land pf any part thereof. Further consideration was given to Mr. Domenic Petrino's request for deferment of the sewer better- ment assessment levied against land owned by him and located on Grapevine Avenue. Petrino A majority of the members of the Board inspected t Sewer the land in question, and it was the unanimous opinion Assessment of the Board that there is no justification in grant- ing the request. Mr. Stevens referred tothe proposed bus route on Oak Street and said that he does not know of any authority that would enable the Board to condition the license. If, however, the Board can agree with the bus company as to what should be incorporated in the 1i ense, the Department of Public Utilities will include it in the certificate. He said that the bus company can operate on a trial period for thirty or sixty days before the certificate is granted. Mr. Driscoll said that he did not think thirty days would be a fair trial. Mr. Stevens explained that they may want atrial because once the franchise is granted, the Depart- ment of Public Utilities will force the company to operate. The meeting adjourned at 7:45 P.M. A true record, Attest; 25e41) , electmen. 1 25 SELECTMEN'S MEETING NOVEMBER 6, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 6, 1950 at 7:00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. At 7:00 P.M. joint hearing was declared open upon the intention of the Board to lay out Cary Avenue from Middle Street to Shade Street, a distance of approxi- mately 1910.32 feet and Aerial Street from Daniels Street to Sutherland Road, a distance of approximately 539.41 feet. There were nine persons present. Notices of the hearing were served .by:Constable on all the property owners listed in the Assessors' records as of January 1, 1950. The Chairman stated that the formal hearing was held as required by law to consider the matter of the acceptance of Cary Avenue and Aerial Street, the sub- ject matter of which has been put in the warrant for the Town Meeting to be held November 27th. He explained that the pland and profiles, laid out on the Selectmen's table, prepared by the Town Engineer may be seen by anyone interested, and Aerial Street would be considered first. The Chairman said that all the property owners have signed a petition requesting the acceptance and he understood that every lot is built upon and there should be no question as whether or not the people desire to have the street constructed. He explained that the pavement is to be twenty-four feet wide which is the standard width the Town is now using. The street will be built of hot top,.will have two courses of bituminous concrete surface and ten inch gravel compacted. All necessary drainage will be installed, the shoulders at each sidelof the paved way are to be loamed and seeded, but unless there is violent objection there will be no sidewalks. Mr. ''urns mentioned the fact that Aerial Street now has concrete sidewalks on both sides of the `street which will have to be repaired. He skid that if there is any chage in the grade at the end, as there well may be, the sidewalk will be repaired because of the ex- isting condition. 260 The Chairman informed the grope that the Town will expect t o receive legal slope easements to be conveyed by the individual abutters as they may be needed at no cost to the Town. Mr. r'utns said that he did not believe slope ease- ments would be necessary on Aerial Street. He explain- ed that the bpsis of the easements for all the streets constructed in the past four years has been to take _ the cost of the excavation of the surface of the street, plus one-half of the cost of whatever drainage is required. The total is. divided by twice the length of the street to take care of any corners. He stated that the Town is required by law to f ile an estimated cost against each let. In most cases the estimate has been kept high on purpose because once the lien is recorded it cannot be increased. He explained that the high estimate is recorded to protect the Town and in no case this far has the actual cost been as high as the estimate. He stated that not knowing'what is coming next year, the estimated cost will be 6.00 per running foot of frontage, but the actual charge will be figured after the street is built. He ex- plained that on the streets that have been constructed this year the same formula was used and the price figured out about $3.50 per assesstble foot. However, this figure cannot be guaranteed, but the cost will not be more than $6.00. He said that the estimate is set at $6.00 a foot to cover any contingencies that, might arise, but that in most cases the charge will be less. The Chairman said that the construction will be done by private contractors end that the Board adver- tises for bids. He said that next year, when the work is done, the cost, he thought, would be higher than this year, but it will be something between $3.50 and $6.00 per fro}.t foot lot. The work will not be done this fall. The streets will be voted at the November Town Meeting and if accepted will be let out for bids in the Spring. The Board will either advertise or solicit bids from six or eight reputable contractors. He explained that open bidding has not proved too satisfactory. The hearing on Aerial Street was declared closed at 7:12 P.M. The Chairman then declared the hearing on Cary Avenue open and stated that the pavement is to be twenty-four feet wide, of bituminous concrete surface laid in two courses with a foundation ten inches of gravel compacted. All necessary drainage will be installed, shoulders will be loamed and seeded and there will be no didewalks aslsuch. 1 261 He said that the sewer is not now available but the Board feels it advisable, if the street is constructed, to put in the sewer trunk at this time and also to put inthe sewer services to every lot as far as the so- called curbing off the pavement so that the street will not have to be dug up again. He stated that the cost Cary of the sewer trunk will be added to the cost of the Avenue street construction and should figure about 0.25 per running front foot. Mr. Burns explained that the lien would be recorded now. When the work has been completed, the abutters will be billed within six months from the date of completion. Mr. Ryder asked if the bills would be sent out when the sewer is actually available -.for use and Mr. Burns explained that the law required billing six months after the work is completed. However, payment may be deferred until the sewer is connected up. The Chairman said that at some later date when the sewer is connected, there will be a sewer service connection charge so thatthere will be two sewer charges involved in this jeb as well as the street construction job. There will also be water service connections to the vacant lots in order to avoid digging up the street once it is constructed. Mr. Ryder asked if the Town would assune any of the drainage cost and the Chairman replied that one- half of the cost would be assumed bythe lown, He explained that costs next year may be higher than they have been and the cost on Cary Avenue will be between 40.00 and 16.00. The Chairman said that the Town Engineer informed the Board that at least six trees will have to be taken down regardless of how the road is laid out, and if excavation of the street discloses faulty roots there may be more. He stated that the stonewalls will also have to be taken down. The Chairman asked if there were any persons present who wished to be recorded as opposed to having the work done as explained at this hearing. No one expressed opposition. The hearing was declared closed at 7:35 P.M. and the group retired. Mr. Harold E. Stevens, Town counsel, met with the Board. Mr. Carroll, Town clerk, left the juror box with the Clerk of the Board and requested that ;,two jurors Jurors be drawn. Mr.•Joseph H. Stoney, 15 Fern Street, was drawn for jury duty beginning December 4, 1950. Mr. William C. Woodward, 53 Dexter Road, was drawn for jury duty beginning December 4, 1950. 262 Sidewalks Contract in the anount of $5,043.35 for the construction of sidewalks on various locations, between the Town of Lexington and P.J. Joyce& Son, and approved by the Town Counsel, was signed by the Board in triplicate. Mr. Burns requested permission to purchase 100 water meters and informed the Board that he had re- ceived quotations of $21.84 and $21.00. He said that delivery of one-half the order will b e made in Water meters two or three weeks and the balance should be re- ceived before the end of the year. He explained theat he will probabley use most of the meters this year. They will be charged to Water Maintenance and he has sufficient funds available. Upon motion of Mr. Hoyt,seconded by Mr. Nickerson, it was voted to autorize Mr. Burns to use his {judgment in purchasing the meters. Scurto case A general discussion was held relative to the street betterment assessments levied against prop- erties on Grant Street. Mr. Burns retired at 8:12 P.M. Mr. Daniel J. O'Connell, Mr. and Mrs. Scurto and one other individual met with the Board. Mr. O'Connell said that he has told the Scurtos they will have to comply with the Order of the Court, but there is nothing in the decree that says where they are to move the building. He said that one of the purposes in the Bill in Equity was to have the building moved from what is called a street. He stated that the Scurtos have acquired title to several lots next totheir own and if the decree is as they understand it, they would like to move the building across the street. Mr. Stevens asked if they intend to clear the street or move the building back end Mr. O'Connell said that they would obey the decree. Mr. Stevens said that the domplaint in the Bill is for both Zoning and Building by-laws and if the building is not demolishedit will have to comply with the Building by-law. Mr. O'Connell said that the Scurtos will place the building wherever the Board wants it. Mr. Stevens said that the Board cannot tell them to put the building. They will have to obtain a building permit and file plans with the Building Inspector to s how that the building, as finally moved, will comply with the Building by-laws. cc "L7 1 263 Mr. O'Connell said that his client is prepared to do that. Mr. Stevens said that he does not think the Select- men enter this at all and it seemed to him that the Scurtos should file an application for a permit to put the building on a certain lot of land with plans that will show how the building is going tobe made to comply with the Building by-law. He stid that there have been permits issued to do something but nothing has ever been done and unless definite action is taken he will have to go into Court. Mr. O'Connell said that he would have the Scurtos see the Building Inspector tomorrow. Mr. O'Connell and his clients retired at 8:16 P.M. Mr. Stevens said that heehas been told by Mr. Roeder, Chairman of the Board of Fire Engineers, that Fire Dept. the spec 'if ications and contract for the purchase of a Pumper new pumper have been approved, and they request that the contract be signed. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson it was voted to sign a contract in the amount of $16,322 for the purchase of a Mack Type 93 1,000 gallon Triple Combination pumper. Mr. Stevens reported that he hastalked with the head of the Division at the Department of Public Utilities with refwrence to the proposed bus route over Oak Street. All that is necessary is for the Board to grant the license in the usual form and have the information givento them, at the time of .the hearing, which the Board and the Company has agreed upon. Nothing can be included in the certificate stating that if it were not renewed at the expiration Oak Street of the trial period that the bus company would have Bus Route to give upthe license. He ssid that the Board could ask the company to consent to a revocation at the end of a trial period if the buses were not to be operated. Mr. Stevens agreed to contact Mr. Turner, attorney for the Middlesex & Boston Street Railway Company and then dictate the license tothe Clerk of the Board. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to rescind the vote passed on October 16, 1950 granting the Middlesex & Boston Street Railway Company a license to operate buses over Oak Street, Baker Avenue to Taft Avenue to Massachusetts Avenue, providing the Company will agree to consider the license defaulted if the service is discontinued. 264 Hockey rink bids Mr. Gay then moved that the Middlesex & Boston Street Railway Company be granted a license for the operation of buses over Oak Street, Baker Avenue to Taft Avenue to Massachusetts Avenue. Mr. Driscoll seconded the motion, and it was so voted. Mr. Stevens is to arrange with the Department of Public Utilities for a trial period in which the Company will be required to provide adequate service. Mr. Stevens retired at 8:45 P.M. to meet with the Planning Board and Dr. Howard W. Foley, Chairman of the Recreation Committee, met with the Board. The following bids for the construdtion of a hockey rink were read bythe Chairman: Ernest E. Outhet Custance Brothers Gordon H. Osgood Material & Labor and set in place $850.00 Nobid-too many previous commitments 843.75 Dr. Foley explained that there is only $600 available for this project and it was suggested that some of the boards stored at the Public Works Building could be utilized for the new rink. Dr. Foley retired to discuss the matter with his Committee. Petition was received from the Boston Edison Company for approval of a pole location on Woburn Pole location Street, approximately 400 feet west of Lowell Street. The Milan was approved by Town Engineer. Mr. Gay moved that the petition be approved and the order signed. Mr. Hoyt seconded the motion, and 'it was so voted. The Chairman said that he would like to have the Boy Scout situation at the Barnes property settled. The Scouts are now paying $65 a month. They have the entire second floor of the ell, one or two rooms in the main house and also the use of the garage. He said, he had asked Mr. Johnson, Scoutxecutive, to to give some thought to this as the board felt the rent is nominal. Mr. Johnson said that they would Scout rental like tie use one stall in the garage and it can be done of Barnes without inconvenience tothe Town. They would also property like to have the use of the kitchen and pantry and will fix it up themselfes if the Tmwn repairs the holes in the plaster, remove the sink and trap holes. The Scouts will pay $80 rent on that basis, and Mr. Johnson would like to know how the Board feels as he must submit his budget tothe Community Fund. cc 1 The Chairman said that it Will cost about $50 to remove the plumbing and repair the holes and he would be inclined ,to accept the proposition with the under- standing that no lease will be issued, the use of the building is subject totemmination without notice and they will not block up the backstairs or the door between the kitchen and the dining.room. He said that he told Mr. Johnson the Board does not want any sighs on the building but a good looking rustic sign out at the sidewalk would be all right. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to increase the rent , now being paid by the Sachem Council Boy Scouts of America, to $80 per month, effective January 1, 1951. Applicationwas received from the Office of the Secretary of State, on behalf of N.C. Hubley, Jr., 24 Ledgelawn Avenue, for a Certificate of Incorpor- ation. Satisfactory character f;eference was received from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Nicker- son, it was voted to approve the application. The Chairman read a letter from the Aprropriation Committee advising the Selectmen that a definite policy has been established relative to transfers and the following vote passed: That there be no transfers from current or prior appropriations to any other current accounts. Copy of a letter to Mr. Carroll from the Approp- riation Committee was'receiUed.. The'fetter stated that Mr. Frank D. Walker has been appointed to act se special consultant for t he Appropriation Committee from September 15, 1950 for as long as the Committee desires his services and such services will be paid for from the Appropriation Committee Expense Account at the rate as determined by the Committee. Letter was received from Michael J. Crowley, 299 Newbury Street, Boston informing the Board that he is willing to pay $300, the ;,;rice entertained by the Board, for Lot 66, Section 2, Grapevine Avenue. Mr. Gay moved that a proposal tosell the lot be advertised in the Lexington Minute -Man and that furtLer consideration be givento the offer at the next meeting of the Board. Mr. Nickerson seconded the motion, and it was so voted. The Chairman read a letter from the Board of Assessors reporting on the work that has been done so far this year and what will be done for the balance of the year. 265 Certificate of Incorporation Transfer Special Consultant to Approp. Committee Tax title property 266 Assessors+ Report A.L. Aux. 19th of April Food Booth Mr. Hoyt said that he is opposed to having an appraisal made by an outside concern, but that he would like to meet with the Board of Assessors and discuss the subject with them for an hour or so. The Chairman said that4t seems to him that it w_;uld be better to have the Chairman of the Board of Assessors and one or two representatives of the Taxpayef1s Assoei'ation meet with the Selectmen at which time both groups could ask questions. He said that he thought the subject would be cleared up faster by a joint meeting. However Mr. Hoyt said that is what he would prefer to keep away from. The Chairman said that he wanted to give the Taxpayers the appearance that the Board of Selectmen has an open mind on the subject. Mr. Gay said that he is not convinced that an appraisal should be made by an outside concern, and thatnhe thought the Assessors were capable of doing the work. Mr. Driscoll said that hedoesnot agree with Mr. Hoyt or Mr. Gay and does not think the Assessors are doing enough work. He said that , in his opinion, three mencannot do enough work on a part-time basis, and he would like to have the entire Board of Assessors meet with the Selectmen to discuss the subject. Mr. Nickerson felt that a three way conference would defelop into a harangue and the orderly pro- cedure would be to have the Assessors report more fully to the Selectmen and then the Selectmen could meet with representatives of the Taxpayers Association. The Chairman said that he had no objection and it was agreed to invite the Doard of Assessors to meet with the Selectmen next Monday eventiig. Letter was received from the American Legion Auxiliary requesting permission to erect a food booth at the corner of Meriam Street and Massachusetts Avenue on April 19, 1951. The Clerk was instructed to acknowledge the letter and advise the Auxiliary that the Board prefers not to make my commitment so far in advance. The Chairman read a letter from Edmund J. Costello App'ment submitting his resignation as a member of the Board to Board of of Public Welfare due to the fact that he has moved Pub. Welfare to another community. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to appoint Mr. Frank Hunt, 1Belfry Terrace, to serve as a member of the Board of Public Welfare for the unexpired term. ending March 31, 1951. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson Land it was voted to sign a deed, prepared by Town CounseM Conveyance conveying a certain parcel of land, located between land of Mr. Breslin and the present location of Mass. Avenue, to Warren F. Breslin. 1 Upon motion of Mr. Gay., secomded by Mr. Driscoll, it was voted to grant the following uses of halls, Richard F. Jackson Conference Room 4-H Club meeting V.F.W. Auxiliary " ' Meeting The Clerk informed the Board that Mr. John J. Shaughnessy, a mover from Woburn, had requested per- mission to move Mr. May's douse from 77 Valley Road to Lots 31,32,33 and 34 on Myrtle Street. Mr. May's house must be moved as a result of the location of Route 128 and Mr. Shaughnessy is a bonded mover. The Board had no objections. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve and sign a Sunday Movies License for the Lexington Theatre, Inc. The Chairman reminded the Board that some decision should be made relative to the salary of the Clerk in the office of the Tax Collector. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it wan noted to te!porarily increase Mrs. Tullar's salary to $41.80 per week, from October 25, 1950 until the date a new Tax Collector is elected by the Tbwn; an adjustment of pay for the interim period. The Chairman head a letter from Mr. Thomas, Director of Civil Defense, requesting the Board to make available a sum not exceeding $100 to be used for the purchase of certain supplies including stationery, envelopes and cards. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to authorize Mr. Thomas to spend an amount no exceeding $100 for miscellaneous initial needs of the Civil Defense program. During the evening Mr. Potter, representing the Planning Board, came into the Selectmen's meeting relative to the possibility of the Town purchasing the so-called Sexton (Leary) property at the corner of Fletcher Avenue and Massachusetts Avenue. He explained that Mrs. Sexton, the present owner, is desirous of having this property zoned for business and if this occurs the purchase price will be higher than what it would be for residential property. The Board discussed the subject after Mr. Potter had left the meeting and the members of the Board were opposed to purchasing the property inasmuch as they felt that no satisfactory negotiations could be made. The meeting adjourned at 10:20 P.M. Atrue record, Attest: 267. 268 SELECTMEN'S MEETING November 13, 1950 Arregular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 13, 1950, at 7:00 P. M. Chairman Emery, Messrs. Gay, Nickerson and Hoyt were present. The Clerk and Mr. Burns, Supt. of Public Works, were also present. Mr. Driscoll arrived at 9:30 P. M. Mr. Burns stated that he has received a request for one street light on Crawford Road and one for Woodcliffe and Normandy 1owd. He explained that a survey had been made of Woodhaven and it will require between 27 and 30 lights before the system is complete, but for the present he recommended one light. The light requested by the CountyCommissioners Street Lights: (at the Middlesex County Sanatorium) involves two new poles and two lights. The Town has to pay for the poles and they will cost about. $20 each. The Chair- man asked if he recommended the installation and he replied in the affirmative. Mr. Burns also recommended the installation of one light at Dawes Road, corner of Follen. He stated that requests for street lights are in- creasing and he suggested that the subject be con- sidered quarterly rather than twice a year as has been the policy in the past. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve the following street lights: Crawford Road,1 light Woodcliffe & Normyl light Walnut Street 2 lights & 2 poles Dawes Road(corner of Follen) 1 light The Board further voted to authorize Mr. Burns to locate one or two more lights which he believes may be necessary. Mr. Burns informed the Board that the entrance to Crawford Road was at one time part of Lot F in Mr. Baskin's development, and a water betterment assess- ment has been levied against it in the amount of $50. This lot, now being a street, receives no benefit and Mr. Baskin has requested an abatement. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to abate the water betterment assessment levied against Lot F, Crawford Road, in the amount of $50. Water Betterment Assessment Abated 1 The Chairman called the Board+s attention to the fact that if the sewer is installed the entire length of Cary Avenue it will include land upon which no houses have been built and inasmuch as other areas in town, where there are houses, need the sewer the Board might well be criticized. He said that he thought the Board, knowing the situation, might want to reverse its positimn and explain to the Town Meeting that the sewer will be installed only up to where the grade will drain towarf Marrett Road, and not go the entire length of the street. He said that there is 1,100 feet with no houses and if there were they could not be serviced by this main. The members of the Board agreedthat the amount of money involved should not be spent to install the sewer where there is a question as to how soon it may be needed. Mr. Burns agreed to tellMr. Rivinius that the Board has reviewed the suPject and are of the opinion that it is impractical to install more that 800 feet of sewer main. 269 Cary Avenue Sewer Mr. Burns brought up the subject of early morning street lighting and was authorized to have the lights Street turned on at 5:40 A. M. until one-half hour before sun- Lights rise, effective November 29, 1950. Mr. Burns reported that people on Slocum noad have called him because of the cars that park on this street every time there is anything going on at the High School. The residents claim that cars park on both sides and they cannot getout of their own driveways. He said that he has discussed this with the Lief of Police who felt that possibly parking could be limited to one side of the street. No action was taken on the matter. Letter was received from Gordon WA Robinson, 80 Hancock Street, suggesting that a Stop sign be placed to control the traffic entering Hancock Street from Coolidge Avenue. Mr. Burns agreed to erect a Stop sign and to make a study as to the best solution to the traffic problem at this location and report to the Board in two weeks. Mr. Stevens, 'fern Counsel, and Mr. Lindstrom, Building Inspector, met with the Board at 8:15 P. M. Mr. Burns said that last Fall he mentioned taking the Building and Plumbing Department from the juris- diction of the Public Works Department and also place the girls in this Department under the jurisdiction of the Inspector. Mr. Lindstrom is ready to prepare his budgets for 1951 and wants to know whether he will in- clude the girls in his office in his budget or whether they are to be considered in the Public Works Depart- mdn% budget. Parking Slocum Road Stop Sign Hancock & Coolidge Building Dept. 270 Police Radios Damage to 8'ree Mr. Burns said that Mr. Lindstrom feels as he does that the Building and Plumbing Department is separate from the Public Works and he should take care of the clerical help. The Chairman asked if there were any reason not to make such a change and Mr. Burns replied that there is none that he knows. The Chairman instructed Mr. Lindstrom to ihclude the two girls in his budget, but stated that the Board would like to give this more thbught before making any decibion relative to a change in policy. Mr. Stevens and Mr. Burns retired at 8:30 P. M. Mr. Leland Emery, Chairman of the Board of Assessors, and Messrs. Shanahan, Burnham and Cronin met with the Board. The Assessors gave a report of progress already made and what they intend to do with reference to reviewing property values in 1950. A lengthy discussion was held on the subject and the Assessors retired at 9:45 P.M. Chief Engineer Roy A. Cook and Mr. Woods from Topsfield met with the loard. Mr. Woods said that he would like to purchase the old police radios. He explained that in the State of New Hampshire AM are used whereas in Massachusetts AM has been discontinued and the stations mast use FM. The Lions Club in the Town of Somersworth, New Hampshire, would like to purchase the old radios, have them repaired and them present them to the Somers- worth Fire Department. He explained that the Club will pay $100 for the sets. The Chairman said that the Board would look into the matter and let Chief Engineer Cook know what decision is made. Messrs.Cook and Woods retired at 9:55 P.M. The members of the Board were in favor of disposing of the discarded radio sets for $100 and the Chair- man agreed to contact Chief Engineer Cook. Mr. Gay, at the request of the Chairman, conducted the meeting for the balance of the evening. Letter was received from Mr. Garrity advising the Board that a maple tree adjacent to Tower Park has been damaged by an automobile. A representative of the Casualty Insurance Compapy has discussed this with Mr. Garrity and Mr. Garrity gave him an eatimate of $20. He said that if the tree does not show the roper growth in the Spring, it can be replaced for 20. If, however, the tree would survive repairs there will be enough to do the work. 1 271 Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to follow Mr. Garrity's recommendation and let the tree remain in its present condition until Spring. Letter was received from Mr. Daniel A. Lynch in- viting the Selectmen to be anong the honored guests Invitation at a dinner to be held in Cary Hall on November 30th in commemoration of the 75th anniversary of St. Brigid's Church. Mr. Hoyt moved that Mr. Driscoll give the welcoming address, as outlined in Mr. Lynch's letter. Mr. Emerysseconded the motion and it was so voted. The Board gave further. consideration to Michael J. Crowley's offer of $300 for Lot 66, Section 2, Grape- Tax Title vine Avenue. A proposal to sell this lot was adver- Property tised in the November 9, 1950, issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Emerr:.moved that the offer be accepted and that Lot 66, Section 2, Grapevine Avenue be sold and con- veyed to Michael J. Crowley. Mr. Hoyt seconded the motion and it was so voted. The Board gave further consideration to Joseph E. Casey's offer of $1200 for Lots Bnand C and part of Lot A, comprising together 2 1/3 acres, more or leas, Tax Title on Valley Road. A proposal to sell these lits was Property advertised in the November 9th issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Emery moved that the offer be accepted and that Lots B' --and C and part of Lot A on Valley Road be sold and conveyed to Joseph E. Casey. Mr. Nickerson seconded the motion and it was so voted. Letter was received from Mr. Collins, Welfare Agent, requesting a transfer of 43.,500 for Public Welfare Transfer Department -Aid and Expenses Account. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to request the Appropriation Committee to transfer the sum of 41,500 from the Reserve Fund to the Public Welfare Department -Aid and Expenses Account. Letter was received from Mr. "hapin, Veterans' Agent, requesting a transfer of $400 to meet the ex- pense of htis Department for the balance of the year. Transfer Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to request the Appropriation Committee to £transfer the sum of $400 from the Reserve Fund to Veterans' Benefits Aid and Expenses Account. 272 Letter was received from Mr. Carroll stating that Thomas Sullivap., janitor at the Adams School, wants $1.50 per hour for 5a hours (6:00 P.M. to 11:30 P.M.) Sullivan re for tending the fires to keep the building warm on Election Election Night, November 7th. November 7th No action was taken on the matter inasmuch as the Board did not consider this a proper charge. Letter was received from Mr. Carroll advising the Board that Mrs. William H. Shanahan has resigned as a member of the High School Building Committee. Application was received from Richard F. Jackson requesting permission to conduct a 4-H meeting in a Conference Room at Cary Memorial Building on Ndvember 29th from 7:15 P.M. until 9:15 P.M. Mr. Nickerson moved that the use of the Conference Room be granted free of charge. Mr. Hoyt seconded the motion, and it was so voted. Applicction was received from the Lexington's Fire- men's Relief P.ssociation requesting permission to con - Use of duct an entertainment and dance in Cary Memorial Hall hall on December 6, 1950 from 8:00 P.M. until 1:00 A.M. Mr. Nickerson moved that the use of the hall be granted subject to a charge of $35. Mr. Hoyt seconded the motion and it was so voted. Use of hall Licenses Street Orders Signed 1950 Town Report Uponmotion of Mr. Nickerson, seconded by Mr. Emery, int was voted to grant the following licenses:(Quote) *See page 273 Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sign Orders establishing Cary Avenue and Aerial Street as public ways in the Town of Lexington. Police Report for the month of October was re- ceived and placed on file. The following bids for printing the 1950 Annual Town Report were received, Somerville Printing Co. $4.15 per page (500 copies) 1.15 " '° (100 Accountant) 1.15 " /0(100 School) Acme Printing Co. 6.50 1.00 1.00 Rapid Service Press 5.73 2.27 3.15 " (500 copies) r n (100 Asountant) (100 School) if If (500 copies) " K (100 Accountant) (100 School) 1 1 1 Mr. Emery questioned accepting a bid before funds are available, However, Town Reports are supposed to be available before the Annual Town Meeting and it has been customary for a great number of years to accept a bid and have the money made available at the following Annual Town Meeting. Mr. Nickerson moved that the Board issue an order of intent bo purchase to the jomerville Printing Company. Mr. Hoyt seconded the motion and it was so voted. The Clerk inquired as to whether or not the Board desired to make any change in the fee for Package Good Stores for 1951. The Board decided to think about this and make a decision next meeting. The meeting adjourned at 10:30 P.M. A true record, Attest: Licenses: Lexington Theatre, Man-A-Minnit Golf Kieran J. Lowery Pine Meadows Country George R. Reed & Son Ye Towne Diner The 1775 Heuse, Inc. Inc. edten Sunday Movies 177 Concord Ave. Com. Vic. renew 286 Lincoln St. " " " Club 232 Cedar St. , Inc.1721 idass. Ave. 1722A Mass. Ave. 130 Pleasant St • " " " 273 274 Street Lights Water Betterment Assessment Abated Selectmen's Meeting November 13, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 13, 1950, at 7:00 P. M. Chairmen Emery, Messrs. Gay, Nickerson and Hoyt were present. The Clerk and Mr. Burns, Suptt. of Public Works, were also Fr esent. Mr. Driscoll arrived at 9:30 F. M. Mr. Burns stated that he has received a request for one street light on Crawford Road and one for Woodcliffe and Normandy. Road. lie explained that a survey had been made of WOOdhaven and it will require between 27 and 30 lights before the system is complete, but for the present he recommended one light. The light requested by the County Commissioners (at the Middlesex County Sanatorium) involves two new pales and two lights. The Town has to pay for the polesand they will cost about $20 each. The Chairman asked if he recom- mended the installation and he replied in the affirmative. Mr. Burns elso recommended the installation of one light at Dawes Road, corner of Follen. He stated that requests for street lights are increas- ing and he suggested that the subject be considered quar— terly rather than twice e year as has been the policy in the pest. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve the following street lights: Crawford Road Woodcliffe & Normandy Walnut Street Dawes Road (corner of Follen) 1 light 1 light 2 lights and 2 poles 1 light The Board further voted to authorif.e Mr. Burns to locate one or two more lights which he believes may be necessary. Mr. Burns informed Crawford Road was at one development, and a'water levied against it in the the Board that the entrance to time part of Lot F in Mr. Baskints betterment assessment has been amount of p50. This lot, now 1 being a street, receives no benefit and Mr. Baskin has requested an abatement. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to bate the water betterment assessment levied against Lot F, Crawford Road, in the amount of $50. The Chairman called the Board's attention to the fact that if the sewer is installed the entire length of Cary Avenue it will include land upon which no houses have been built and inasmuch as other areas in town, where there are houses, need the sewer the Board might well be criticized. He said that 1e thought the Board, knowing the situation, might want to reverse its position and explain to the Town Meeting that the sew- er will be installed only up to where the grade will drain toward Marrett Road, and not go the entire length of the street. Ile said that there is 1,100 feet with no houses and if there were they could not be serviced by this main. The members of the Board agreed that the amount of money involved should not be spent to in- stall the sewer where there is a question Es to how soon it may be needed. Mr. Burns agreed to tell Mr. Rivinius that the Board has reviewed the subject and are of the opinion that it is impractical to install more than 800 feet of sewer main. Mr. Burns brought up the subject of early morn- ing street lighting and was authorized to have the lights turned on at 5:40 A. M. until one-half hour be- fore sunrise, effective November 29, 1950. Mr. Burns reported th,t people on Slocum Road have called him because of the cars that park on this street every time there is anything going on at the High School. The residents claim that cars park on both sides and they cannot get out'of their own driveways. He slid that he has discussed this with the Chief of Police who felt that possibly parking could be limited to one side of the street. No action wEs taken on the matter. Letter wfs received from Gordon W. Robinson, 80 Hancock Street, suggesting that a Stop sign be placed to control the traffic entering A:ncock Street from Coolidge Avenue. 275 Cary Avenue Sewer Street Lights Parking Slocum Road Stop Sign Hancock & Coolidge 276 Building ' Dep't. Mr. Burns agreed to erect a Stop sign and to make a study as to the best solution to the traffic problem at this location and report to the Board in two weeks. Mr. Stevens, Town Counsel, and Mr. Lindstrom, Building Inspector, met with the Board at 8:15 P. M. Mr. Burns said that last Fall he mentioned tak- ing the Building and and Plumbing Del-artment from the jurisdiction of the Public Works Department and also place the girls in this Department under the jurisdiction of the Inspector. Mr. Lindstrom is ready to prepare his budgets fdr 1951 andwants to know wheth- er they are to be considered in the Public Works De- partment budget. Mr. Burns said that Mr. Lindstrom feels as he does that the Building and Plumbing Department is separate from the Public Works and he should take care of the clericsl help. The Chairman asked if there were any reason not to make such a change and Mr. urns replied that there is none that he knows. ' The Chairman instructed Mr. Lindstrom to include the two girls in his budget, but stated the:t the Board would like to give this more thought before making any dicision relative to a change in policy. Mr. Stevens and lir. Burns retired at 8:30 P. M. Mr. Leland Emery, Chairman of the Board of Assess- ors, and Messrs. Shanahan, Burnham and Cronin met with the Board. The Assessors gyve a report of prog- ress already made and 'what they intend to do with reference to reviewing property values in 1950. A lengthy discussion was held on the subject and the Assessors retired at 9:45.P. M. Chief Engineer noy A. Cook and Mr. µ'oods from Topsfield met with the Board. gr. Woods said that he would like to purchase Police the old police radios. He explained that inthe State Radios of lNiew Hampshire AM are used whereas in Massachusetts AM has been discontinued and the stations must use FM. The Lions Club in the Town of Somersworth, New 1 277 Hampshire, would like to purchase the old radios, have them repaired, and then present them to the Somers- worth Fire Department.He explained that the Club will pay 4100 for the sets. The Chairman said that the Board would look into the matter and let Chief Engineer Cook know what decision is made. Messrs. Cook and Woods retired at 9:55 P. M. The members of the Board were in favor of dispos- ing of the discarded radio sets for x'100 and the Chair- man agreed to contact Chief Engineer Cook. Mr. Gay, at the request of the Chairman, conducted the meeting for the balance of the evening. Letter was received from Mr. Garrity advising the Board that a maple tree adjacent to Tower Park has been Damage to damaged by an automobile. A representative of the Cas- Tree ualty Insurance Company has discussed this with Mr. Garrity gave him an estimate of 4w20. He said that if the tree does not show the proper growth in the Spring, it can be replaced for $20. If, however, the tree should survive repairs there will be money enough to do the work. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to follow Mr. Garrity's recommendation and let the tree remain in its present condition until Spring. Letter was received from Mr. Daniel A. Lynch in- viting the Selectmen to be among the honored guests at Invitation a dinner to be held in Cary Hall on November 30th in commemoration of the 75th anniversary of St. Brigid's Church. Mr. Hoyt moved that Mr. Driscoll give the welcom- ing address, as outlined in Mr. Lunch's letter. Mr. Emery seconded the motion and it was so voted. The Board give further consideration to Michael Tax Tule J. Crowley's offer of $300 for Lot 66, Section 2, Grape- Property vine Avenue. A proposal to sell this lot was advertised in the November 9, 1950 issuE of the Lexington Minute - Man. No persons contacted the Selectmen's ffice as a result of the advertisement. Mr. Emery moved that the offer be accepted and that Lot 66, Section 2, Grapevine Avenue be sold and conveyed t° Michael J. Crowley. Mr. Hoyt seconded the motion and it was so voted. 278 Tax title property Transfer Transf er Sullivan re re Election Nov. 7th Use of Hall The Board gave further consideration to Jos- eph E. dasey's offer of $1200 for Lots B .and C and part of Lot A, comprising together 2 1/3 ages, more or less, on Valley Road. A proposal to sell these lots was auvertisedin the November 9th issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office ns a result of the advertise- ment. Mr. Emery moved that the offer be accepted and that Lots B and C and part of Lot A on Valley Road be sold and conveyed to Joseph E. Casey. Mr. Nickerson seconded cthe motion and it was so voted. Letter was received from fir. Collins, Wel- fare Agent, requesting a transfer of $1,500 for Public Welfare Department - Aid and Expenses Ac- count. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to request the l'pprop- riation Committee to transfer the sum of $1,500 from the Reserve Fund to the Public Welfare De- partment - Aid and Expenses Account. Letter was received from Mr. Chapin, Veter- ans' Agent, requesting a transfer of 0400 to meet the expense of his Department for the balance of the year. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to request the Appropria- tion Committee to transfer the sum of $400 from the Reserve Fund to Veterans' benefits Aid and Expenses Account. Letter ws received from Mr. Carroll stating that Thomas Sullivan, janitor at the Adams School, wants $1.50 pt.r hour for 5a hours (6:00 P. M. to 11:30 P. M.) for tending the fires to keep the building warm on Election Night, November 7th. No action was taken on the matter inasmuch as the Board did not consider this a proper charge. Letter was received from Mr. Carroll advising the Board that Mrs. -William Hi Shanahan has resigned as a member of the High School Building Committee. Application w s received from Richard F. Jack- son requesting permission to conduct a 4-H meeting in a Conference Room at Cary memorial Building oh,, November 29th from 7:15 P. M. until 9:15 P1 M. Mr. Nickerson moved that the use of the Con- ference Room be granted free of charge. Mr. Hoyt seconded the motion and it w€s so voted. 1 279 Application was received from the Lexington Fire- men's {elief. Association requesting permission to conduct an entertainment and dance in Cary Memor- ial Hall on Lecember 6, 1950, from 8:00 P. M. un- til ntil 1:00 A= M. Mr. Nickerson moved thft the use of the hall be granted subje::t to a charge of 435. Mr. Hoyt seconded the motion and it wfs so voted. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted t� grant the following licenses: ('quote) Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sign.°rders establish- ing Cary Avenue and Aerial Street as public ways in the Town of Lexington. kolice Report for the month of October was received and placed on file. The following bids for printing the 1950 Annual Town Report were received: 1950 Town Somerville printing Co. $4::15 per page (500 copies) Report 1.15 " " (100 i'ccountant ) 1.15 " " (100 School) Acme printing Co. 6.50 " " (500 copies) 1.00 " " (100 Accountant) 1.00 " " (100 School) Rapid Service press 5.73 It " (500 copies) 2.27 " " (100 t'ecountant ) 3.13 " " (170 school) Mr. Emery questioned accepting abid before funds are available. However, Town Reports are supposed to be available before the Annual Town Meeting and it has been customary for a great num- ber of years to accept a bid and have the money made available at the follovring Annual Town Meet- ing. Use of hall Licenses Street orders signed 'r. Nickerson moved that the Board issue an order -of intent to purchase to the Somerville Print- ing Company. Mr. Hoyt seconded the motion and it was so voted. The Clerk inquired as to whether or not the Board desired to make any change in the fee for Package Good Stores for 1951. The Board decided to think about this end make a decision next meeting. The meeting adjourned at 10:30 P. M. 280 A true record, Attest: Clerk, Selectmen * License to be approved: Lexington Theatre, Inc. - Sunday Movies. Com. Viet. (renew) P n n n If n Mf-n-A-Minnit Golf 177 Uoncord Ave. Kieran J. Lowry 286 Lincoln St. Pine Meadows Country Club 22 Cedar St. George R. Reed & Son, Inc.1721 Mass. Ave. Ye Towne Diner 1722A Mass. Ave. The 1775 House, Inc. 130 Plersant St. If 1 281 SELECTMEN'S MEETING November 20, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, November 20th, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Publid Works, and the Clerk were also resent. Mfr. Carroll, Town._Cle;rk, left the Jury Box with the Clerk and requested that one juror be drawn. M. J. Harper Blaisdell, engineer, 12 Ply- mouth Road, was drawn to serve, beginning the first Tuesday in January, 1951. "Jr. Burns gave an oral report with reference to water services installed and those to be done during the balances ofthe year. He informed the Board that he will need 41,000 as. an appropriation at the November 27th Town Meeting, for Water Maintenance - Wages & Expenses. Mr. Burns reported on the sewer services in- stalled to date and what he anticipates for the balance of the year. He advised the Board that he will need an appropriation of $5500 at the No- vember 27th Town Meeting for Sewer Services - Wages & Expenses. Juror Mr. Burns said he would like to purchase 3000 feet of copper tubing inasmuch as it is now Copper available, but due to the lack of funds he is tubing of in a position to purchase more than 2,200 eet. The Chairman asked if 2,200 feet would carry im through the year end J4r. Burns replied in the ffirmative and stated that the availability is all that is bothering him. Upon motion of Mr. Hoyt, seconded by Mr. iD iscoll, it wts voted to authorize Mr. Burns to I* lace an order for 2,200 feet of copper tubing. A brief discussion relative to wage rates or the year 1951 was held and it was agreed that r..1urns would figure his budgets using last ear s figures plus 10%. L 282 Snow Removal Town Gap Street Lights Transf er Certificate of Incorporation The Chairman read a letter from Mrs. Morey, Chairman of the Lexington School Committee, relative to a program of maintenance. A modification of Mr. Burns s suggestions was attached. The Chairman requested Mr. Burns to submit a report on the subject next week. Letter was received from Mrs. Newton V. Cran- dall, 40 Middleby Road, with reference to a water bill which she claims should have been paid by the Raimo Construction Company. The letter also referred to conditions left by Raimo and at the suggestion of the Chairman, Mr. Burns agreed to answer the letter. he informed the Board that. an abatement Pias been put through for the water bill sent to Mr. Crandall. Letter was received from the State Depart- ment of rublic Works with refernece to removing snow from a portion of Route 2A, a distance of 0.20 miles. Upon motion of ' r. Gay, seconded by Mr. Dris- coll, it was voted to continue the arrangement followed for the past several years, whereby the State will remove snow from the entire length of Maple Street and the Town of Lexington will plow all of Massachusetts Avenue. The Chairman read a letter from Mr. Grindle, Sup't. of Schools, suggesting that the street lights be turned on mornings when there is no school. Mr. Burns stated that the lighting system is controlled by a time switch and any such arrange- ment would be impractical. Mr. Burns retired at 7:45 P. M. The Chairman reviewed briefly the status of the Law Department Special Fees Account and upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer the sum of 61500 from the Reserve Fund to the Law Department - Special Fees Account., Certificate of Incorporartion was received from the Office of the Secretary of State on behalf of Wallace G. Knights one of the Incorporators of the Lexington Boys Club, Inc. A satisfactory char- acter reference was received from the Chief of Police. Mr. Gay moved that the application be ap;roved, signed and returned to the Secretary of State. Mr. Driscoll second4d the motion and it was so voted. 1 1 Upon motion of Yr it was voted to grant Regent Delicatessen Co Countryside, Inc. Minute Man Restaurant Mrs. MacAlpine David Michelson . Gay, seconded by Mr. Hoyt, the following licenses: . 1729 Mass. Ave. 400 Lowell St. 1715 bass. Ave. 50 Percy Road Innkeeper 30 Harding Road Guide Com. Viet. (renew) n n n rt I, n 1, Application was received from Mrs. Paul Hanson, on behalf of the Minute Man Chapter, United World Federalists, requesting permission to conduct a meeting in Estabrook riall on November 29th from 7:30 F M. until 10:30 P. M. Mr. Driscoll moved that the use of the hall be granted free of charge. 'Ir. Gay seconded the motion and it was so voted. Application was received from the Le*ington Club for permission to conduct a Children's Christmas Party in Cary Hall on December -23rd from 1:00 P. M. until 5:00 P. M. Mr. Driscoll moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion and it wf.s so voted. Letter was received from the Board of Fire Engineers stating that the Fire Department has bean making trips each week since last August to fill wells on Bellflower and Emerald Street. With cold weather setting in, the Department does not believe it will be possible to continue and suggested that something be done abut connecting the homes in this area to the water main which it is under- stood is within f few hundred feet. The Clerk was instructed to ask 1tr. Burns to report on this subject. The fee for 1951 Package Goods Stores wt s held over until next week at which time Mr. Nickerson will be present. Inasmuch as the Special Town Meeting will be held on Monday, the next regular meeting of the Board will be on Tuesday, November 28th et 7: P. M. A true record, Attest: Use of hall Wells 283 284 Pole Location Pole Location Use of Hall Sunday movies SELECTMEN'S MEETING November 27, 1950 A special meeting of the Board of Selectmen was held on Monday evening, November 27th in the Selectmen's Room, Town Office Building at 7:35 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nick- ere -on and Hoyt were present. The Clerk was also present. ±'etition, plan and three copies of an order were received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of a pole location on Burlington Street. The plan had been submitted to, and approved by, Mr. Burns, Town Engineer. Upon motion of lir. Driscoll, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order for the following joint pole loca- tion: Burlington Street, approximately 245 feet north of Henderson Road, One (1) pole. Petition, plan and three copies of an order, were received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of a pole location on Waltham Street. The Plan had been submitted to and approved by Mr. Burns, Town Engineer. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order for the following joint pole location: Waltham Street, opposite Vine Brook Road, one �l) pole. Application was received from Ridhard F. Jack- son, on behalf of the 4-H Club, for permission to con- duct a meeting in Estabrook Hall on December 14th. Mr. Gay moved that the use of the hall be granted free of charge. Mr. N4ckerson seconded the motion, and it' was so voted. Upon motion of Mr. Gay, seconded by gr. Dris- coll, it,was voted to approve and sign the Sunday Movie License submitted by the Lexington Theatre, Inc. Upon motion of.Mr. Gay, seconded by Mr. Hoyt, it was voted to make no change in the present fee for Package Goods Store Licenses for he year 1951. 1 The meeting adjourned at 7:45 P. M. at which time the membLes of the Board left to attend the Special Town Meeting in Cary Hall. A regular meeting of the Board will be held tomorrow evening, Tuesday, November 28th at 7:00 P. M. A true record, Attest: 285 286 Hamilton request for abate- ment Moon Hill Road Carrig's request for water Coquillette complaint SELECTMEN'S MEETING November 28. 1950 A regular meetingof the Board of Selectmen was held in the Selectmens Room, sown Office Building, on Tuesday evening, November 28, 1950, at 7:00 P.M. Chairman Emery, Messrs. Gay, Nickerson, and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Letter was received from Eugene B. Hamilton, Trustee of the Home Finance Company, requesting an abatement of street betterment assessment,in the amount of $264, lcvied against Lot 176 Ledge- lawn Avenue. n October, 1949, the Board voted to abate sewer and water betterments levied against this same parcel of land, totalling $154.15. The Chairman suggested asking Mr. Hamilton if he would be willing to deed this lot to the Town and agreed to check the assessment. The Chairman read a letter from Wallace E. Howell, Clerk, Six Moon Hill, Inc., asking several questions relative to consequences of having Moon Hill Road accepted as a Town way. The first series of questions come within the scope of the Suprintendent of rublic Works and were, therefore, referred to him for a direct reply. The second series were more or less of a le Jgla nature and referred to Town Counsel for report to the Selectmen. Further consideration was given to 1,2. Carrig's request for a water main from the Concord Turnpike to Concord Avenue to a point where he can connect onto it in order that he can service a development which he has on Concord Avenue. Mr. Burns said that he thought Mr. Carrig wrote the letter so that this itme would be included in the 1951 budget. The Chairman agreed to acknowledge the letter and advise Mr. Carrig that his request will be among the many thzt will be considered for the 1951 budget. Letter was received from Mrs. Robert Coquillette, 53 Forest Street, complaining about a bush obstruct- ing the sidewalk on Forest Street making it necessary for school children to walk on the street. Mr. Burns informed the Board that he received a call on this last Septmeber and went to look at 1 1 the Sidewalk. He said that there is a bush growing from private property which overhangs the sidewalk ^nd it .did not look.partioulariy dangerous. to him. However, he. went over the next mrirning at eight.of clock and watched the'children going to school. They all walked to school on the other side of the street and crossed. below' this particulEr location. ue said. that .the ,bush: has ,been growingfor a long time.:end the situation is nothing new. The Chairman suggested that ukr. Burns find out who owns the bush and ask if the owner would have any objections to cutting the bush to prevent obstructing the sidewalk. Mr. Burns retired at 8:00 p.m. The following persons met with the Board to discuss the firemen's request for a 56 hour week: Chairman Roeder, Messrs. Adams and Cook, of the Board of Fire Engineers, and Messrs. Belcastro, Bentley, Fiske, Spellman, Spidel, and Timothy. Mr. Roeder said that he had requested an appointment with the Selectmen because the per- manent fireiaen had presented a problem to the Board of Fire Engineers and they thought they would like to explain it to the Selectmen. Lieutenant Spellman said that there has been some talk among the permanent members of the Fire Department to have the working hours shortened. Nothing was done for a period of time and finally the men held a meeting and he was appointed Chair- man for the group. From that meeting, they elected a Committeeto investigate Shortening the work week of the permanent men, and instructed the Committee to bring its findings to the Board of Fire Engineers. He explained that the group present this evening is to inform the Selectmen as to what has taken place in an effort to shorten the hours for perman- ent firemen. Captain Fiske read the following, and explained that is is as near the same as what was told the Board of Fire Engineers as he could make it: Some time during the last week in August, discussion was prevalent among the members of the uniformed fire fighting force to ascertain what might be done in the matter of reducing the working; hours of our department. Inasmuch as the Chief En- gineer was away on his vacation at this time, our problem was di@cussed with two members of the Board was to enlighten them as to what was to be brought before them at some early dr. te. This matter lay dormant until October 23rd when 18 287 Firemen's request for 56 hour week 288 permanent members of our department met at Fire Head- quarters to discuss ways and means of obtaining this reduction of working hours. Lieutenant Spellman was elected Chairman and Private Wilson Secretary of the group meetings, and after much discussion on the matter, it was voted to elect a Committee of 5 members, with group committee Chairman, Iaieutenant• Spellman as a member ex -officio. The Committee was elected as follows: Captain Bel- castro, Captain Fiske, rrivate Spidle, Bentley and Timothy, and they were instructed to gather the nec- essary information whereby the 56 hour working week might be placed upon the official Town ballot at the Annual Town Meeting in March. This method of approach to our problem was taken because the group meeting felt that by doing it in this manner, it would relieve all the Boards concerned of the responsibility of making a decision either in favor of or against our problem, thereby leaving it strictly up to a vote of the people. The group also voted unanim- ously to instruct the Uommittee to contact the Board of Fire Engineers as soon as some definite plan had been arrived at, and inform them of the aims and plans of the uniformed members of the Fire Depart- ment. The above elected Committee held its first meeting at Fire feadquarters on October 31st, and elected Captain Belcastro as Chairman and Captain Fiske and Private Spidle as co -secretaries. After biking over the prrvious group meeting, Captain Belcastro was instructed to contact Mr. Joseph Manning, who is a representative of the St'te Firemen's Associa- tion,relative to any assistance Mich he might be able to give us in the matter of our problem. Cap- tain Fiske was instructed to contact Mr. Charles Ferguson, our Representative in the General'Court from this district, to find out the proper steps to follow in the filing of this Bill, allowing us to place it on the aforementioned ballot. The second Committee was held on November 9th with all members present. Mr. Ioseph Manning met with us and outlined the general procedure that he had followed in helping to secure these reduced working hours for various Departments throughout the State. In concluding this meeting, Mr. Manning agreed to contact our Committee with any additional informa- tion that he might obtain from the State House. The following day we received this short note from Mr. Manning, and I quote: 'Dear Captain c Lieutenant: Information received at State House - Have your Representative or Senator, whichever is agreeable, file in his name and that • 1 289 will save you getting -signatures. In haste, Joe Manning.' The second group meeting was held at Fire Headquar- ters on November 14th with 13 members present. A report of progress was made and accepted by the members and`a general discussion was then held on the ways and means of presenting our proolem to the voters of the Town. Captain Fiske then reported on his meeting with Mr. Ferguson who informed him that he would gladly see that the Bill was prop- erly drawn up and correctly worded and return it to us with instructions for whatever action we deemed proper,, and informed us that when we re- turned it to him he would file it in the proper manner. A copy of this. Bill, which the Committee now has, was received properly worded from jar. Fer- guson on Novemberl7th and upon contacting our Chief Engineer, he agreed to arrange for our Comm- ittee to meet with the Board of Fire Engineers at their next meeting. This meeting was held on November 21st and the Committee presented its problem to the Engineers, at the s me time stating their reasons for not having contacted them before, and also explained to them that the time element in this matter was of great importance inasmuch as the Bill had to be filed on or before the sec:. and Wednesday in December in order to receive the earliest possible consideration from both branches of the Legislature. Questions were asked by all the members of the Board regarding the filing of the Bill, es well as working conditions of various Departments throughout the State. A pamphlet was passed among the members of the Board which had been compiled by the Brookline Taxpayers's Assoc- iation and after all available information had been given the Board we were informed by them that they desired a little more time to talk the matter over. In a short while we were called back and informed that they would meet with us on Sunday, November 26th and let us know their decision. On Sunday, November 26th we were informed by Chair- man Roeder that certain members of the Board of Fire Engineers would meet with all available mem- bers of the Committee at approximately 3:00 P.M. but due to duties attendant upon the storm, only 2 members were ale to meet with the Board. Captain Fiske and Lieutenant Spellman met with Chairman 290 Roeder, Chief Engineer Cook, Mr. George Hynes and Mr. Alan Adams. Chairman Roeder told us thtt Mr. Hynes would explain the findings of the Board, which were in effect that the Board felt tht t the Board of Selectmen should be itformed of the steps that had been taken by the Committee elected by the mem- bers of the Fire Department. Chairman Roeder and Mr. Hynes offered to accompany the Committee to its meeting with the Board. The third group meeting was held at Fire Headquarters on November 27th with 18 members present and the de- cision of the Board of Fire Engineers was relayed to the meeting by group Chairman Lieutenant Spell- man. After a discussion on the matter, Captain Belcastro and Captain Fiske were asked to say ofew words on the suggestion of Mr. Hynes, and the ques- tion was brought to a vote on instructingfthe Com- mittee to meet with the Selectmen, the result being a unanimous vote in favor. Shortly before the third group meeting was convened on November 27th officifl notice was received by the Committee and relayed to the group meeting that the Board of Fire Engineers had put in a request for 3 additional men for the purpose of installing the 70 hour work week. This information was received from the Chairman of the Board of Fire Engineers, Harold Roeder. P discussion followed and a vote was taken which showed a unanimous vote against favor- ing the adoption of this work schedule. The Cha.irmfn srid that Captain Fiske mentioned 18 men two or three times in his report and asked if that is the number of men definitely interested. Captain Fiske replied th-t there were 18 men at the first meeting, 13 at the second meeting and 18 at the last meeting. He explained that some of the personnel hss to comer this Station. The Chairman asked if the Committee represented 100% of the permanent force and if every member of the Fire Department, full-time members, were dis- satisfied. Captain Fiske replied that when the discussion first started, there was a paper circulated asking for members interested in signing a petition to sign the paper, but he did not know how many signed. The Chairman inquired as to the basic dissatis- faction of the present work week. Captain Belcastro replied that the trend is to have a shorter work week and it has been put into 1 291 effect in various departments throughout the State. He said that they are trying to adopt the same work week other cities and towns have. He stated that one f eature is that the men have a long day on -- 24 hour tour of duty. With the 56 hour webk the men will work a 0 -hour day and a 14 hour night. He said that another thing that comes into the light in the 56 hour week is th<t they do not have any meals out- side of the station, and that the Town would be better covered during meal hours. He said that a number of the fires, possibly 50%; occur during meal hours. The Chairman asked if the 24 hour stretch was what the men disliked and Captain Belcastro replied in the affirmative. Captain Fiske said that another thing is the fact that the firemen's work week is so far above the other Departments of the Town, they would like to get it down to a comparable basis. rThe Chairman asked what other Towns are operat- ing on a 56 hour week and Captain Belcastro read the following, compiled by the Brookline Taxpayers'rAssoc- iations Arlington 48 Malden 48 Belmont 61 Methuen 56 Boston 48 Milton 56 Brookline 70 Medford 48 (asking 56) Natick 56 Cambridge 48 N. Bedford 48 Chelsea 56 Quincy 48 Dedham' 56 Revere 48 Framingham 70 Salem 56 Holyoke 70 Waltham 48 Lawrence 48 Watertown 70 Lowell 48 Wobunri 70 Lynn 48 Worcester 56 The Chairman asked if the group wished anything from this informal meeting tonight except'to let the Selectmen know what they have in mind. Captain Belcastro said that they wished the Board would be in favor and go along with the 56 hour week. The Chairman asked if they would like an expres- sion of opinion this evening and Captain Belcastro replied in the negative. The Chairman asked how many additional men would be needed and Captain Belcastro replied that it will mean eight more men. The Chairman asked how many more officers will 292 be needed and Captain Belcastro said that they will need one more. The Chairman said that,. to be perfectly frank, the Board could notthis evening give even qualified approval of this because the Board has not studied it. he said that the Selectmen have in mind all the other needs of the Town and to say that they would endorse this or approve it at this time is something they just could not do. He said that the firemen must appreciate that adding eight more men to the Town taxes is a aubstgntial thing and he thought the Board would feel that it would have to be weighed with other interests of the Town. Mr. Gay asked how the Department s budget would be figured if this were not acted upon until the Town Meeting. The Chairman said that the Town Meeting approp- riations are not made until at least two weeks after" the Election. Mr. Hoyt said that if the Town votes in favor on the ballot it would vote in favor of an increased appropriation at the Town Meeting. Lieutenant Spellman said th-t the idea in meet- ing with the Board of Sleectmen was to acquaint the Selectmen with what has transpired, and whichever way the townspeople vote, it will not embarrass any member of the Board. The Chairman said that the Selectmen appreciate the group meeting with the Board. he said that 1951 was going to be a difficult one financially; that there are many other Departments and each one feels that it is vary important also. Ie said that it would have to be a compromise of what the Selectmen and the Appropriations Committee feel is a fair fig- ure to ask the Town to assume. Mr. Hoyt said that this information would be- come known before long and the Taxpayers' Association will probably ask if increased protection would be furnished. Captain Belcastro replied that the protection would not -be increased and that there would be the same number of men working during the day with the 56 hour week. Captain Fiske said that there are two hours out at noon and two hours out at night for meals so that the Town, with the 56 hour week, will gain four hours of protection each day. Mr. Iuickerson asked how much less sleeping hours the men would have and Captain Belcastro replied 1 that they will have 14 hours at night and one man will be on desk duty 24 hours a day. The crew at night has to divide the desk duty. Mr. Roeder said that under the 56 hour week there will be no absenteesfor meals. Captain Fiske said that 70% of the fires occur during meal hours. The group retired at 8:40 P.M. Mr. Thomas Sullivan, janitor at the Adams School, met with the Board because he did not receive any pay for the hours he stayed at the school on Election Day, November 7th.. The Ch£irman explained that the Selectmen felt that gr. Sullivan had to bein the building as school janitor and did not see thrt it had anything to do with the election. Mr. Sullivan sc.id thrt he did nut have to be in the building after five o'clock and that he is always paid for any time after regular working hours. The Chairman tsked if the amount of money Mr. Sullivan requested would cover only from five o'clock on and he replied in the affirmative. The Chairman asked how late Mr. Sullivan stared in the building and he replied that he was there until 11:30 Y.M. Mr. Hoyt asked if the organizations using the building evenings usually paid Mr. Sullivan and he replied in the affirmative. The Chairman said that the Board would review the situation and Mr. Sullivan retired. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was -.voted to pay 1".r. Sullivan for 62 hours at the rate of $150 per hour. Letter was received from Mr. Winthrop Potter 25 Summit...Road,complaining about a vicious dog owned by Mrs. Philip Johnson, 22 Summit Road. The Clerk was instructed to give a copy of the letter to Dog Officer, John Russell and request an investigation and report for next Monday night. Letter was received from the Chamber of Commerce Off Street Parking Committee and held over until the next meeting of the Board. T.he Chairman suggested, and the Board agreed, to meet next Monday at.7:00 o'clock., before the Ad:rned sown Meeting, and return after Town Meeting. The meeting adjourned at 9:05 P.M. A true record, Attest: le Sullivan pay for election Complaint re dog 293 294 Maintenance of school grunds Maintenance of library grounds Traffic Complaint Tower road & Mass.Ave. SELECTMEN'S MEETING December 4, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's room, Town Office Build- ing on Monday evening, December 4,'1950 at 7:00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nick- erson and Hoyt were present. The Clerk was also present. The Chairman read a memorandum from Mr. Burns with reference to maintenance of school grounds. he stated that because of the volume of work in- volved he thought it desirable to have a joint meet- ing with the School Oommittee, Superintendent of Schools and the Board of Selectmen to settle as many questions as possible. The Chairman agreed to invite the School Commit- tee to meet with the Board as suggested by Mr. Burns. The Chairman read a memorandum from Mr. Burns with reference to maintenance of Cary Library grounds. he has discussed the subject with Mr. Garrity who is willing to include this in his 1951 budget. How- ever, he would like to discuss the matter with the Trustees or the Librarian before establishing a fig- ure for his budget. Mr. Gay agreed to make an appointment for Mr. Garrity to meet with the Library Trustees. Mr. Burns made reference, in another memorandum, to a letter of complaint filed by Charles Starr, 8 Plymouth Road, about traffic conditions at Tower Road and Massachusetts Avenue. Mr. Burns made the following explanations: There is an existing light across the intersection near Rhodes Street, but there is a shade on it, put on at the request of the abutters. The State will not erect a "Stop" sign on Marrett Road at theeen- trance to Massachusetts Avenue, but might be persua- ded to erect a "Slow" sign. A"Stop" sign could be on 'ower Road but its effectiveness is open to ser- ious question. A report was also received from the Chief of Police explaining that only three accidents have occurred on Massachusetts Avenue at the intersection of Tower Road in the past five years. In 1947 an automobile struck a tree just west of Tower Road::.in which a passenger was injured fatally - cause- too much speed and possibly liquor. In 1948 an automo- 1 bile struck a tree near the intersection, no injuries-- cause, could have been faulty front end. In 1949 an automobile and truck collided at this intersection - cause, automobile unable to stop, entering Massachusetts Avenue from Tower Road, because of icy condition of the streets due to a freezing; rain. It was agreed to submit the above inform- ation to Mr. Starr. The Chairman read a letter from John J. Flynn, attorney for Justin Shea , stating that Shea damage Mr. Shea has placed a claim with him against claim the town for damage to his property caused by water from different sources. The Clerk was instructed to refer the let- ter to Town counsel. The Chairman read a letter from the Town Counsel commenting on the legal points raised in letter from Six Moon Hill, Inc. with refer- ence to street acceptance by the Town. The Chairman agreed to forwardithe infor- mation to Mr. Howell, Clerk of the corporation. Letter was received from the'First Church of Christ Scientist requesting the use of Cary Hall for a Christian Science Lecture on April 24, 1951. Mrs. Shorey, who wrote the letter, stated the fact that the hall had been used for a Thanksgiving Service and St. Brigid's Anniv- ersary, it was believed that similar permission would be given to this Church. It was the opinion of the Board that the two uses mentioned by Mrs. Shorey did not come under the category of religious meetings and upon motion of Mr. Hoyt, seconded by Mr. Nick- erson, it was unanimously voted that the request be denied. Use of hall 295 Letter was received from Mrs. Ruth L. Berry, on behalf of the Senior High Girl Scouts, Sale at Barnes requesting the permission to conduct a Christ- Property mas sale at the Barnes building in one of the rooms used by the Sachem Council. Mr. Hoyt moved that the request be granted. Mr. Driscoll seconded the motion, and it was so voted. Letter was received from Commissioner Hen- ry F. Long requesting the Board to give favor - Reserve fund 296 able consideration to the suggestion of ap- propriating for a Reserve Fund an amount not less than the maximum allowed by Chapter 124 of the Acts of 1945. Application was received from Mr. Charles Use of Vaughn, on behalf of St. Britid's C.Y. 0. , re- questing permission to conduct a Christmas Musicrl Show in Cary Hall on December 19th from 7:00 to 11:00 P.M. Mr. Gay moved that the use of the hall be granted subject to charge of 05.00. Mr. Nickerson seconded the motion, and it was so voted. Tax title property Bill re: Fire Dept. Upon motion of Mr. Hoyt, seconded by iii. Driscoll, it was voted to sign the Sunday Movie license submitted by Lexington Theatre, Inc. Upon motion of Mr. Gay, seconded by Mr. Ni:kerson, it was votedto sign a deed, pre- pared by Town Counsel, conveyingLots B and C and part of P, comprising 2-13 acres more or less, on Valley Road, to Mary C. and Jos- eph B. Casey, 343 Massachusetts Avenue. The meeting adjourned at 7:45 P.M. at which time the Selectmen left to attend the Adjourned Town Meeting in Cary Hall. The Selectments Meeting was resumed after the adjournment of the Town Meeting and there was a detailed discussion with the Town Coun- sel about wording of the Bill which is to be filed with the State Legislature for the Creat- ion of a board of Fire Commissioners in Lex- ington, to operate the Fire Department; this Board of Fire Commissioners in Lexington, to take the place of the present Board of Fire Engineers -- in view of the fact that the lat- ter set-up is obsolete and in many ways con- fusing and not clear in its operation and duties. *** (* The above paragraph wYs dictated by the Chairman inasmuch as the Clerk wrs not pres- ent.) The next regular meeting of the Board of Selectmen will be held on Monday evening, December llth at 7:00 P.M. A true record, Attest: 1 SELECTMEN'S MEETING December 11, 1950 A regular meeting; of the Board of Select- men clu s held in the Selectmen's room, Town :Off ice Building on Monday evening, Lecember 11, 1950, at 7;00 P. M. Chairman Emery, Messrs. Gay, Dris- coll, Nickerson and Hoyt were present. The Clerk was also present. Mr. Burns, Supt. of Public Works, end Chief Rycroft met with the Board. Mr. Burns referred to the Communication received bT..the Board relative to the possibility of changing the time parking meters are in oper- ation and the possibility of removing them from some of the side streets. He said that inas- much as the Chief of police will have to enforce the regulations he thought he should be present this evening during the discussion. Chief Rycroft stated that he has no quarrel in changing from eight o'clock to nine o'clock, but he could not see where such a change would be of any benefit. ne said that between eight and nine in the morning there is any amount of parking space available and he did not think the volume of business at that hour was very great. He further st ted thLt the change will necessitate changing the present signs, installing new plates and changing the Rules and Regulations. Ile said that,he would have no objection if he ebukcesee any good reason for a change. The Chairman asked if the Chief hEd any ba- sic objection and he replied in the negative. The Chairman asked, if for any other reason the Board felt it would like to try the change, the Chief would object. He replied in the negative and said that it will mein obtaining 120 new plates. Mr. Gay said that he thought the main com- plaint was from people who like to stop for a pap- er or at the Post Office on their way to Boston and asked if the regulations were strictly enforced between eight and nine in the morning. The Chief replied th t they are not strictly enforeed because he does not have the manpower. Mr. Gay siad that people feel 'they have to put money in the meter even if they just go into the store for a paper. Mr. Hoyt stated that twelve minutes only cost one penny. Parking Meters 297 298 The Chief said that there were over 500 ,C violations last month, which is:thc highest since the meters were installed. Mr. Hoyt said that there is always room at Emery Park at that time of day. Mr. Driscoll inquired as to how this prob- lem is handled in other towns and the Chief replied that afew operate meters from ninet until siA, but the majority operate from eight until six. He said the reason is to educate the c1evks in the stores' to put their cars away before they go to work. The Chairman asked if, as a matter of policy the Board felt from the point of view of public relations and from the point of view of making the Chamber of Commerce happy even if in the Chief's opinion it would be of no particular improve- ment, the Board decided to change would the Chief have any basic objection. He replied in the neg- ative. The Chairman said that even though it is a- greed that parking meters are a necessary evil, the Board might feel it_,would be better to give a little if it will make people feel better about them. He said that if the Chamber of Commerce will feel better having them start at nine rather than eight, the Board might give it serious con- sideration. The Chief said that he has no strong objec- tion and further stated that the meters have been in operation only since April and he does not think they have been given a fair trial. He asked if the time were changed from eight to nine would there be other requests for more changes. He said thft any change would be entirely up to the Board of Selectmen and it will not make any difference insofar as he is concerned whether the meters are operated from eight or nine otclock. The Chairman said that the Board would like to know if there would be any bad features if the Meters were operated from nine o'clock from enforce- ment point of view. The Chief replied in the negative and said that he could not sEy whether the clerks would take advantage of the change or not but he felt sure they would. The Chairman asked if he thought the clerks would leave their cars on the street all day. The Chief replied in the negative and said the center would not be as clear as it is now. The Chairman asked if the Chief thought it would be proper to request the Chamber of Commerce to ask the clerks not to leave their cars on the ■ street. 299 The Chief replied that if the Board decides to make the dhange he would suggest letting the subject lie for a while. If he finds that it is not working out well, he will advise the Board and then a -letter could be written to the Chamber of Commerce. The Chairman asked how the Chief felt with re- spect to the side streets. The Chief said that he is probably in a little different position from the Board. to said that the Selectmen do not hear about things uhtil someone has a "gripe." He said that a number of people have stopped in at his office and told him how very pleased they are with the condition of Grant.Street. He said that a survey was made in a number of townsand cities and the only way to control parking on side streets other than have a police officer on duty, was the installation of parking meters. The Chairman said that, with reference to the meters on Grant Street, the town is paying 41,200 for a better situation with practically no revenue. Mr. Burns said that the greatest advantage is in the winter when the street has to be plowed. The Chairman asked if the Chief felt the same, equally about other side streets and he replied in the affirmative. He said that he thinks Meriam Street is definitely in a much better condition since the meters were installed. The Chairman asked if the Chief had any feel- ing about utilizing the old fire station lot on Mer- lam Street. The Chief replied that he is not too familiar with the size of the lot owned by the Town but he has noticed that it is used as a parking area. The Chairman asked if he would have any objec- tions to the area adjacent to the library being used as a parking area and he replied in the negative. 4. Gay asked if the cars going in and out would create a traffic hazard and the Chief replied that he did not wish to appear: -to be facetious but he doubted very much if people would walk that distance to the stores. He said that he would like to have a park- ing area on Clarke Street but he doubted very much if it would be used. Mr. Burns said that it will cost between 41,200 and 01,500 to make a parking space on the library property. The Chairman read -another letter from Charles Starr,. 8 Plymouth Road, with reference to the inter- section of Tower Road and Massachusetts Avenue. 300 The Chief said that an effort is being made to have the State erect a stop and enter sign on Marrett Road. Registrar King sent two men out last week and they inspected the records of all accidents which have occurred in .this vicinity. The engineers also prepared a diagram of both in- tersections showing the terrain. The inspectors could not find anything in this area that they considered out of reason and said thrt it is no different than hundreds or thousands of other streets in Massachusetts. They went down to the area one tf ternoon and studied traffic conditions from four o' Block until five -thirty and said, they could not see anything out of the ordinary. ne said thet he idd think if the wattage of the street light opposite Tower Road were in- creased it might help. The Chief retired at 7:30 1'. M. Mr. Burns informed the Board that, during the last three orfourweeks, there have been a number of complaints about the garbage collection. Garbage He said that last week was not so bad, but prey Collection sous to that there were quite a few. The Chairman said that Mr. Burns had brought this up tonight at his suggestion and he thought possibly the Board should advise Mr. Connors that the complaints were running higher than usual and ask if he cared to make any comment or meet with the Board. The Board agreed and the Chairman said thrt he would write to Connors. Allen s Betterment Assessment Palmer Betterment Assessment Mr. Stevens arrived at the meeting at 7:00 P.M. The Chairman read a letter from Robert G. Allen, 253 Bedford Street, asking the Board to reconsider the assessment levied on his proper- ty at the corner of Ledgelewn Avenue. Mr. Burns explained thtt he was assessed the difference between the frontage on Bedford Street and the frontage on Ledgelawn Avenue. he said the land was of no value, but the assessment was based on the fact that this has been the policy in assessing corner lots. The Board agreed to look at the area on Sat- urday morning. The Chairman read a Better from Mr. P. K. Palmer, 37 Liberty Avenue, asking for a liberal abatement on the assessment levied against his property. 1 Mr. Burns explained the situation by use of a plan and said that he thought Mr. Palmer had a legitimate complaint. The Board agreed to look at this on Satur- day morning. Mr. Burns presented a plan entitled "Traffic Study Plan of Intersection of Revere and Hancock Streets." He recommended an island with curbing and suggested one-way traffic from Coolidge ave- nue and from Hancock Street to Revere street. Inasmuch as the proposed solution will cost between $1,000 and $1,500, Mr. Burns suggested that this be considered as a 1951 project. Letter was received from Mr. Francis Culbert- son, 62 Harding Road, claiming that Harding Road drains into his driveway and from there into his cellar. Mr. turns said that at least on two occasions the Town has put in a birm which took care of the situation. He said that it is not so much the faul- ty grading of the street, as claimed by Mr. Culbert- son, as it is the location of his garage. He said that if the shoulders are raised he does not know how hewill get the water out of his cellar. MX'. Burns agreed to talk to Mr. Culbertson and explain what can be done. 301 Traffic Island JHancock & Revere Sts. Culbertson Drainage Complaint Letter was received from Kelly Construction Company requesting the extension of 1036 feet of water main to service nine houses being constructed Kelly request on Woburn Street, and an additional 106 feet to for water service lot 4 Woburn 6treet sold to Mr. Sylvester Moodono. Mr. Burns said thk:.t a Mr. Turner, below this development, also wants water and the total number of feet of pipe is 1400 or 1500 feet at a cost of about $)10,000. Mr. Burns was instructed to review the situa- tion next Monday night with reference to prior re- quests, supply of pipe and any other factors which may bear upon this request. At 8:15 P. M. the following persons met with the Board; Mrs. Morey, Chairwoman of the School Committee; Mr. Regan, 73 Durnell Avenue, Roslindale, Mass., Vice-rresident of the State Council, A.F.L.; Mr. CampWi, Secretary; Mr. Maloney, Vice President of the local A.F.L.; Mr. Dailey, Secretary, Mr. Kidd, Treasurer, and Mr. Harry Shea, President. 302 Mr. Regan: The workmen of Lexington have joined The Americsn Federation of State and Municipal Employees, affiliated with the American of Labor. We would like to establish relationship with the Selectmen, have the bargaining rights for the Lo- cal, and to do business for the employees. We have been in business for the past ten years. Our International is in Wisconsin. We have about 110 Locals in the State of Massachusetts. We have est- ablished good relationship in every city and town we are connected with. We are a non -strike organ- ization and feel that we can represent these people or they can represent themselves to you membersof the Board of Selectmen because we hope you gentle- men undestand that people have to organize today in order to get their story across. I hope you will consider this and establish good relation- ship with this Local. Mr. Shea; Mr. Regan spoke for our Local and expressed the views of the majority of the men in Town. Do you people have any questions you would like answered: Chairman: I dontt know that we have at present.- Your resent.Your appointment tonight was at your re- quest, so we judged you had matters you wanted to present to us. Mr. Shea: It was just to formally notify you of our Organization. As far as any conditions and improvements we might wish, we have not taken them up at the present time. We would be glad to meet with you at a future date and go into detail. Mir. Regan:This is a custom that we always form when we have a new Local. Chairman: We appreciate the courtesy. I have no particular question that I think of. I might ask what your registered enroll- ment is. Mr. Shea: At the present time it is somewhere in the neighborhood of 53. Chairman: From what group? Mr. Kidd: Town workers, cafeteria help, and the custodians. 4-1 1 303 Mr. Shea: Town workers -he means the Public Works' men. The Park Department is also in- cluded, not wholly, but janitor in the library and the three janitors in the Town Hall. Mr. Gay: Is that 100% of your Public Yorks group? Mr. Shea: There is one janitor not in. With the ex- ception of temporary men, I believe there are one or two of the permanent men not included. Mr. Kidd: About 98% organized. Mr. Shea: We are desirous of obtaining Civil Ser- vice in the Town. We have expectations of putting it on the ballot for the coming election. At the present time we have not gone into any other phases of improve- ments which we might like. Chairman: This is your organization and only a few old. We have had no experience either a- long such lines. We would like to dis- cuss this with the Town Counsel and the Appropriation Committee and possibly oth- er Departments and get in touch with you. after thst. Mr. Campbell: None of us are paid organizers. Our office is at 18 Tremont Street and we are available twenty -fours a day. Mr. Hoyt: Mr. Shea: Chairman: Does this include the cemetery men? As yet it does not. We will talk this over and write you and be glad to see you at any time. The group with the exception of Mr. Stevens and Mr. Burns retired at 8:25 P. M. Mr. Stevens reported on the proposed bus route over Oak Street. .Mr. Turner, attornery for the Mid- dlesex & Boston, conferred with Messrs. Walsh and Garfield and they will go along with anything the Board incorporated in the license, but they will not agree to it. If the D.P.U. includes the Town's Provisions in its license they will abide by it, but 304 they will not agree to the D.P.U. including it in the certificate. Mr. Stevens agreed to discuss the subject further with the D.P.U. Messrs. Stevens and Burns retired at 9:15 P.M. The Chairman reported that Mr. Kraff of Shoppers' Haven, telephoned him with reference Shoppers' to a Sunday Sales License. Haven Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that the matter re- main with the Town Counsel. Letter was received from David Govan, 1834 Sell Massachusetts Avenue, offering $20 for a 3/4 ton Truck pick-up truck body now stored at the Public Works Body Building. Mr. Hoyt moved thet the offer be accepted and the unit sold, subject to approvel by 'dr. Burns. Mr. Driscoll seconded the motion, and it wes so voted. Letter was received from Mrs. Margaret Car - TAX Title roll, 80 Reed Street, Lexington, offering $50 Property for Lot 23, Block 89, Garfield Street. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to advertise the offer in the. Lexington Minute Man and give it further con- sideration at the next meeting of the Board. Permit Letter was received from the St. Vincent De Paul Society of the Sacred Heart Parish, request- ing permission to conduct a paper drive on Sunday, January 7, 1951, weather permitting, or on Janu- ary 14th as an alternate date. Mr. Gay moved that the request be granted. Mr. Hoyt seconded the motion and it was so voted. F'pplication was received from the Veterans Use of of Foreign Wars requesting permission to conduct Hall a meeting in Estabrook Hall on Wednesday evening, December 13th from 7:45 P.M..until 10:00 P.M. Mr. y moved that the use of the hall be granted free of charge. Ar. Nickerson seconded the motion and it was so voted. Use of Hall hetter was received from Daniel O'Connor, on behalf of the American Legion, requesting permis- sion to hold an annual banquet in Cary Hall on February 22, 1951. col plia 1 Jar. Gay moved that the use of the hall be granted and considered one of the organizations free uses. Mr. Nickerson seconded the mot,i'on and it was so voted. The Clerk was instructed to make a note on all future licenses granted for the uses of halls that the Custodian of the Building will have to work over- time and the Board would appreciate a token contri- bution to,him for services rendered. Upon motion of Mr. Nickerson, seconded by M11 Gay, it was voted to sign Orders for the laying out and establishing as public town ways, Aerial Street and Cary Avenue. kCopy of Order in Selectmen's Files - Highways, 1950.) Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to renew the following licenses: Lexington 'Thea1 re Charlotte Colby Sidney B.Heywood Ernest C. Martin Mary A. Rowland: Shoppers' Haven Joseph Trani, Inc. 1792 73 '271 1793 150 316 1757 Mass. Ave. Waltham St. Marrett Rd. ''lass Ave. Lowell St. Marrett Rd. Mass. Ave. Package Store SuOday Movies Innkeeper (renew) Com. Viet. If If n If rt n Goods n u If Upon motion of Mr. Gay, seconded by Mr. Dris- coll, it was voted to approve the following joint pole locations, both having been approved by the Town En- gineer: Marrett Road, southeasterly from a point approx- imately 445 feet southeast of Massachusetts Avenue, nine (9) poles, guy wire and anchor to the ninth p6le. Walnut Street, southerly from a point approx- imately 1500 feet south of Concord Avenue, five (5) poles, guy wire and anchor to the fifth pole. The meeting adjourned at 9:55 P. M. A true record, Attest: 805 306 Gasoline Hearing SELECTMEN'S MEETING December 18, 1950 A regular meeting of the Board of Select- men was held in the Selectmen's Room, lown Office Building, on Monday evening, December 18, 1950, at 7:u0 P.M. Chairman Emery, Messrs. Gay, Dris- coll, Nickerson and Hoyt were present. The Clerk was also present. Hearing was declared open upon the petition of Manuel J. Aruda for permission to increase the storage capacity of gasoline tanks from 5,000 gallons to 15,000 gallons at 329 Massachusetts Avenue. Mr. Aruda, his attorney, George S. Ryan(637 Massachusetts Avenue, Arlington), Mr. John McCar- thy and Chief Engineer Roy A.Cook were present.at the hearing. Mr. Ryan presented a sketch of the proposed location of the tanks and stated that they will be 33.4 feet from the next abutter, Mr. McCarthy, who purchased his property two years ago. The tanks will be 64 feet from the railroad and a represent- ative of the Boston & Maine inspected the location and advised Mr. Arude that his company has no ob- jection. Mr. Aruad made the statement that bhe tank might be used for range oil. Mr. Ryan explained thFt the Chief of the Fire Department had been down and has no objection to the proposed increase. Mr. Aruda stated that the tank now located near the sidewalk will probably not be used. Mr. Ryan said that he understood Mr. Aruda was negotiating with the Texaco people to erect a new building. Mr. Aruda explained that the Texaco Company will not deliver gas unless he takes a load of 5,000 gallons and at the present time he cannot take it with the storage he has. The Chairman asked if there were any objections to the proposed increase. Mr. McCarthy said that he has no objections insofar as the gasoline is concerned, but he would object to the fuel oil odor. The Chairman explained that the application was for gasoline and Mr. McCarthy asked if it could be changed at some later time. 1 Chief Engineer Cook replied that the petitioner would have to file another application and have another public hearing. Mr. McCarthy inquired about the location of the vents and Mr. Aruda stated that they are in the same place as when he purchased the business sixteen years ago, but he agreed to locate them any place satisfactory to Mr. McCarthy. Upon motion of Mr. Gay, seconded by Mr. Dris- coll, it was voted to grant a license to Manuel J. Aruda for increased storage of gasoline from 5,000 gallons to 15,000 gallons on premises located at 329 Massachusetts Avenue. The group retired at 7:14 P.M. Hearing was declared open upon the petition of the Boston Edison Company and the New England Tele- phone and Telegraph Company for joint pole location on the Cambridge -Concord• Highway at Green Lane. No persons appeared in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it wes voted to approve the pole location as follows: Cambridge -Concord Highway at Green Lane - one pole. Green Lane, northeasterly from a point approx- imately 90 feet northeast of the Cambridge -Concord Highway, three poles, guy wire and anchor to the third pole. Mr. Burns met with the Board at 7:15 Y.M. The Chairman eap3ained that on Saturday the members of the Board discussed placing Christmas lights in certain windows of the Barnes property and it will cost $30 for sixteen lights. It was unanimously agreed to have one candle placed in the windows and authorized Mr. Moakley to proceed with the necessary electrical work at once. Further consideration was given to the request received from Kelly Construction Company for the ex- tension of water wain in Woburn Street between Low- ell Street and the Woburn Line. Mr. Burns reported that all contemplated water main extensions have been completed with the excep- tion of Williams Road and this particular project was left over inasmuch as there was no particular hurry for i t . The Chairman agreed to contact Mr. Walker and request to have the sum of $35,727.97 revenue 307 Pole location Lights for Barnes Property Woburn Street Water Main 308 Maintenance of School Areas Salaries water account carried over. The Board was not in favor of commencing the Woburn Street project until Spring due to the pos- sibility of frost and agreed to further consider the request in 1951. At 8:00 P.M. the following persons met with the Board to discuss a program of maintenance for school grounds: Mr. Garrity, Supt. of Parks and Playgrounds; Mrs. Morey, Chairwoman of the School Committee; Messrs. Grindle, Wadsworth and Fisher. Mr. Burns' recommendations were discussed and the following action token: (1) A uniform policy of maintnenance of all grounds and driveways.surrounOing all public buildings be established. The School Committee was in favor but had no particular comments to make. (2) Maintneance of the grounds and driveways be made the responsibility of the Public Works Department. Mrs. Morey stated thL.t her Committee felt the janitors should have pride in the outside of their buildings and take care of the mowing, and keep the papers picked up. She said that her committee wants the janitors to keep the immediate school areas cleaned up. A general discussion was held on the other five items suggested by Mr. Burns and there were no particular objections insofar as the School Committee is concerned. It was agreed that Mr. Burns and the School Committee would discuss the subject further to determine whe.t items will be carried in the respective budgets. Mr. Burns and Mr. Garrity retired at 6:35 p.M. A general discussion was held relative to any change in salaries and the Chairman agreed to call the School Committee later in the evening follow- ing a discussion of this subject with the Approp- riations Committee. The School Committee retired at 8:45 P. M. Mr. and Mrs. Burke, 67 Bridge Street, met with the Board relative to drainage. 1 The Chairman explained th€:t the problem was only a portion of a large area in this vicinity and nothing substantial can be done, that is worth do- ing, oing, unless a large area is done all at once. He: said that the pro,ect could be included in the 1951 budget but there are no funds available at the pres- ent time to do anything. Mr. Burke asked if the brook could be relocated to the other side of the street and the Chairman re.- plied that Mr. Burns had mentioned one location but he did not think it was where Mr. Burke wanted it. Mr. Burke said that the brook is filled in and the water seeps back into his cellar making it very wet and unhealthy. The Chairman said that Mr. Burns does not feel that cleaning one ortwo channels would improve the situation. tie asked if Mr. Burke had discussed hls problem with Mr. Burns and he replied in the negat- .ive. Mr. Driscoll suggested, and Mr. Burke agreed, that Mr. Burns would go over to his house on Tues- day at 5:30 P.M. to discuss the problem. Mr. and Mrs. Burke retired at 8:50 P.M. Hearin; was declared open upon the written cam- Complaint re plaint received from Mr. Winthrop F. Potter, 25 Summit Johnson dog Road, Lexington, relative to a German Shepherd dog which he claimed to be owned by Mrs. Philip Johnson of 22 Summit Road, Lexington, and which he also claimed to be a menace to the neighborhood. The following persons were present at the hear- ing: Mrs. Philip Johnson, Mr. and Mrs. Winthrop Pot- ter, Mr. and Mrs. Edmund P. Hoxie, Mr. Richard p. Crom- well, Mrs. Carla Valentine, John F. Groden and Mr. Clarence E. Smith. The Chairman explained that upon receipt of Mr. Potter's communication, a letter was sent to Mrs. John- son on December 11, 1950, and he proceeded to read same. He stated that the Town Counsel felt thEt the complainant should ue sworn or make his complaint under oath. Mr. Potter stood and was sworn by Mr. Stevens, Town Coun- sel, and testified under oath. The Chairman asked if Mr. Potter wanted his let- ter of November 28th red or make any further state- ments. Mr. Potter explained that the reason he wrote the letter to the Board was occasioned by a series of in- didents thathad occurred over a period of a year, end- ing in an attack on his baby sitter returning home from his house. He said that on the afternoon of November 27th Miss 'Barbara Hoxie of 886 Massachusetts avenue was 809 Bridge St. drainage complaint 310 returning home from a baby sitting job at his home and when going by the Johnson property at 22 Sum- mit Road, the German Shepherd dog attacked her from the rear. The dog,ts teeth penetrated Miss Hoxie's coat and bruised her. He said that she was saved from more serious injury because she was wearing a heavy coat and skirt. Mr. Potter said that before the attack, and while the dog was attacking her, someone at Mrs. Johnson's house called the dog but without effect. He said this was reported to his wife by the girl's mother. He stated that the pre- vious week his wife was walking on Summit Road and the dog approached her and snapped at her ankles, and bit her enough to drew blood. Mr. Potter said that Mrs. Carla Valentine, 805 Massachusetts Avenue, who works at his house twice a week, has been attacked by this dog on several oc- casions and has more. than once had her arm taken in his teeth by this dog. She was not seriously in- jured because she had on heavy clothes but she is so afraid of the dog now that when she comes to his hthme in the daylight she carries a stick for protection and will not apss the house at night without an es- cort. Mr. Potter said that several times during the past few months this dog has charged hitt snarling with lips bared and fur bristling. He said that he likes dogs and owned a dog for about fifteen years. ne further stated that there are ten other dogs in the neighborhood and he has had no trouble in mak- ing friends with them. However, he has tried re- peatedly to make friends with this German Shepherd dog without success. Mr. Potter said that he feels this dog is vic- ious and a menace to many children who live in the neighborhood and who visit there. ne stated that lairs. Johnson told him she would muzzle the dog, but he does not think this is enough because if the dog should knock a child down, the child would be in- jured from the muzzle. Furthermore, it would ser- iously frighten the child. Mr. Potter said that he definitely thought the dog should oe permanently re- strained or removed from the neighborhood before something tragic happens. Mrs. Johnson said that she has a little girl and to the best of her knowledge the dog has been very friendly. When she was a pup she started to frighten the children next door and she sent her to school. Mrs. Johnson said that since then she has had no one tell her anything about the dog ex- cept the neighbors across the street who said that CO 1 811 the dog knocked her child off a tricycle. She said that she has always had a dog and always plans to have one. She stated that she only regretted that Mr. Potter had not told her about his wife being nipped. She said that 'if she had known that she would have muzzled the dog im- mediately and the baby sitter would not have been bit- ten the following week. Mrs. Johnson said that the children in the neigh- borhood are afraid of Eny kind of dog that barks and they run.into the dog with bicycles and tricycles. She said that they have stoned the dog all the way up her driveway so th.t the dog has a fear of people especi.al- ly-if they have a stick, She said that she needs the dog in the house because her nursemaid is alone. She said that as long as the dog is muzzled she does not feel there is any danger, and that the dog has been muzzled ever since Mr. Potter called. Mr. Gay asked if Mrs. Johnson ever had any other complaints during the past year. Mrs. Johnson said that the woman across the street has a little boy and she told her one day that the dog knocked him down. She said that when the Grodens first moved in the dog went over and barked and frightened them. After th t she sent the dog to school to learn obedience and to be with people. She said that this was the first time, other than the incident with the tricycle, that she personally heard anything. Mrs. Hoxie said that her daughter Barbara is seven- teen years old, is a big girl and s<id that the dog came racing down the yard and lunged ft her so hard he rocked her on her feet. The Sunday night before, she went past the house and the dog followed her, growling and snapping at her- heels. gr. Cromwell said that about two years ago his dau- ghter was going down the street and Mrs. Johnson's dog, Tory, bit her through her coat. He said it did not in- flict any harm but frightened his daughter. After that Mrs. Johnson was co-operative enough to muzzle the dog and tie him in the yard but it was not permanent. Mr. Cromwell said that some time after that his little boy was in his own driveway and the dog came into the Crom- well yard. The boy was on a tricycle and the dog charged at himbarking and took hold of the boy's shoulder. He said that the dog did not hurt him but did frighten him very mucki. Mrs. Cromwell again went over to Mrs. John- son's house and again she mu.,zled him. ne said that Mrs. Johnson has two dogs one of whom the neighbors like, Dusty, and the other dog, Tory, over which there have been complaints. Mr. Cromwell said that he and his wife both feel that the dog is vicious and a danger to the children. 312 Mr. John Groden said that he lives next door to Mrs. Johnson. He said he has four small chilxiren and a yard where from ten to twen- ty children play. He said that he has a dog of his own and is very fond of dogs, and that everyone is fond of Mrs. Johnson's other dog, Dusty. Mr. Groden stated that he had written: to Mrs. Johnson about the dog, Tory, and subr matted copies of the letters to the Chairman. He said that he has spoken to her help on sev- eral occasions and said thrt if the dog ever charged his children he would shoot him. He said thet a dog this size could seriously hurt the small children and he is afraid for his chil- dren. Mr. Groden explained that there is absol- utely nothing personal in this but he has a feel- ing of insecurity about the dog. He said that he does not like to set dogs tied up es it tends to make them more vicious. 11Ir. Clarence E. Smith said that he just wanted to support Mr. Potter's case. He said that many times in the morning, walking from his home, to Mr. Groden's, with whom he rides, the dog has approached him, not wagging his tail but viciously looking. Ile said th4t he was re- ally afraid of the dog. Mr. Hoxie said that he would like to point out one thing. His daughter, Barbara, was wear- ing a heavy coat and a heavy velvet skirt and in spite of that fact she had a large black and blue spot on her hip. He said that if it had been summer and the same thing happened, Mrs. Johnson would have had a problem on her hand. Mrs. Johnson said that as far as she knows, the dog has not drawn blood and that she under- stands any dog is allowed to bite three times before it has to be disposed of. She said that she has muzzled the dog and she did not see why there is anything more to be said. Mr. Carroll C. Taylor said that he was pres- ent with his neighbors because he agrees with them that they have a problem in the neighbor- hood. He said thrt personally he thought the dog wss a psycopathic case and that he has been trying for over a year to make friends with the dog, because, living as he does next door, he wants to be friends. He said that the dog has never done any harm to him but he is an odd type of dog. Mr. Taylor said that he believed, for Mrs. Johnson's own interest, it would be well not to have the dog around. 1 Mrs. Johnson asked if he meant she should dis- pose of the dog and Mr. Taylor replied that he thought it would be wise to. Mrs. Johnson said that the dog is trained to be a watch dog and very highly bred. She said that all police dogs are a one-man dog and they don't make friends with other people. Mrs. Potter said that as long as this dog is run- ning free in the neighborhood she feels obliged to drive anyone working at her house. She said thr..t she thought it unfortunate that the people cannot use their own street. Furthermore, she does not feel free to allow her children to play or go down the street when there is the danger of thc, dog jumping on than. The hearing was declared closed at 9:30 P.M. and the group retired. After consideration of the evidence at the hear- ing the following order was unanimously adopted: That the German Shepherd dog owned by Mrs. Philip Johnson be securely restrained at all times within the limits of the property of the owner except when under the control of an adult on a leash. Further consideration was given to Mr. Allents request for abatement of street betterment assessment levied against his property as a result of construct- ing Ledgelawn Avenue. The Board visited the property Saturday morning, and after considering the matter thorouly, voted to reduce the betterment assessment to 100. Letter was received from H. F. Boinay, 69 Pleas- ant Street, complaining aboutthe condition of.Mill- iken Lane. The Board felt that the Town has no responsib- ility in this private way and accordingly did not feel warranted in taking any action on it. The Board gave further consideration to Mrs. Magaret B. Carroll's offer of $50 for Lot 23, Block 89, Garfield Street. A proposal to sell this lot was advertised in the December 18th issue of'the Lexing- ton Minuteman. No persons contacted thb Selectmen's Office as a result of the advertisement. Upon motion duly made and seconded, it was voted to sell and convey Lot 23, Block 89, Garfield Street to Mrs. Margaret B. Carroll for $50. Letter was received from Commissioner Henry F. Long establishing the amounts, not less than which, the bond for Collector of Taxes and Treasurer may be. 313 Allens Betterment A$sessment Tati-e Proparty Collector and Treasurer Bonds 314 Upon motion duly made and seconded it was voted to establish the amount of the bond for the Collector of Taxes as $70,100 and further to establish the a- mount of the bond for the Treasurer as $54,900. Application was received from the V. F. W. re - Use of questing permission to conduct a meeting.in Estabrook Hall Hall on the evening of December 21st from 7:30 Y.M. until 10:00 P.M. Upon motion duly made and secdonded, it was v� - ted to grant the use of the hall free of charge. Application was received from the Boston Mar- ket Gardeners Association requesting the use of Cary Ball on February 13, 1951, for the purpose of con- ducting. an Annual Banquet. Upon motion duly made and seconded it was vo- ted to grant the use of the hall subject to a dharge of 435.00. Upon motion duly made and seconded, it was vo- ted to grant the following licenses (all renewals): (Wm. Reidy) Bow Street Motors 3 Bow.Street 2nd Class Agent John J. Rudd 1849 Mass. Ave. Package Store Berman's Market 12 Mass. Ave. tt Lex. Theatre, 1794 "lass. Ave. Sunday Movies Inc. (renewal) n 11 The Clerk called the Board's attention to the fact that a date should be established for closing the warrant for the Annual Town Meeting in March. It was agreed to close the Warrant on Saturday, Jan- uary 20, 1951. Inasmuch -as there areinsufficient funds in the Elections - Jurisdiction of Selectmen's Account and the Selectmen's Expense Account, it was voted to request, the Appropriation Committee to transfer $160 from the Reserve Fund to the Elections account and $100 to the Selectman's Account. Bill in the amount of 410 was received from the Planning Board for rental of a michrophone used at the Special Town Meeting on November 27th. It was the opinion of the Board that inasmuch as the meeting was called primarily for the Zoning By-law this itme should be paid for from the Planning Board Expenses Account. The Board voted to authorize the Chairman to 1 contact the Chief of Police and advise him that, in view of the national situation and the President's speech of Friday, Decemberl6th, with reference to de- creased working hours and other consequences of the present international situation, that the Board feels that it cannot recommend to the Town, this year, the adoption of a 5 -day week for the Police Department, particularly in view of the drastically increased taxes Which the taxpayers must bear and the contribution, even though it be a minor one, of the manpower shortage by necessitating more personnel. The Chairman was also authorized to convey to :the Board of Fire Engineers with instructions for them to please convey it to their Firemen's Committee the same sentiments with reference to the proposed fifty-six hour week that the Selectmen hope the Firemen's Com- mittee will review the matter in the light of the pres- ent national emergency and decide to ask that the bill they have submitted to the Legislature be withdrawn at this time. A true record, Attest: 815 316 Palmer Street Assessment Article Civil Defense SELECTMEN'S MEETING December 26, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Tuesday even- ing, December 26th, at 7:00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were pres- ent. Mr. Burns, Sup't. of Public Works and the Clerk were also present. Further consideration was given to Mr. Pal. men's request for abatement of street betterment assessment in the amount of 027.65. The Chairman stated that the property had been viewed by the Board a week ago and at that time it was felt that no abatement was warranted. He said that he discussed the subject with Mr. Burns and took the liberty of not writing to Mr. Palmer and requested the privilege of reviewing the matter. Mr. Gay expressed the opinion that if a change of policy were made on this particular lot, it might be establishing a precedent on all corner lots and, therefore, more requests for abatements would be received:. Mr. Burns presented profiles of the entire Liberty-Ledgelawn street construction project and the Board discussed the subject at length. Mr. Hoyt said that he thought it would be bet- ter to reduce the amount by 1100 as a matter of pol- icy because it appears this particular individual is over t.ssessed in comparison with the other prop- erties. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to recuce Mr. Palmer's street better- ment assessment by $100. Mr. H. Webster Thomas, Director of Civil De- fense, efense, met with the Board at which time Mr. Burns left the meeting. Mr. Thomas raised the question, inasmuch as the warrant for the Annual Town Meeting closes Jan- uary 20th, as to whether or not it is necessary to have a separate article to finance the Civilian De- fense efense by a bond issue. It was agreed to request an opinion from Town Counsel. Mr. Thomas reported that he had conferred with Harold Roeder and two other engineers relative to 1 to the proposed purchase of a generator and all a- greed thct the Fairbanks -Morse unit is a heavy unit and recommended purchasing it. He explained that the maximum amount to be saved is about $100 and it is his recommendation that a 3,000 watt generator be purchased from Fairbanks -Morse at a cost of approx- imately $670. Mr. Thomas explained that the total potential cost of the entire unit may be $1,500 with the re- ceiver, antenna, wiring, etc. and further stated that this figure provides for emergency lighting in the Town Office Building. He said that it is not absolutely necessary to make any decision. this year but he personally thought it would be wise to have the money committed because otherwise action will be deferred until the March meting. The Chairman asked if it were correct that the Chief of Police recommended purchasing the generator even as a peace time unit and Mr. Thomas replied in the affirmative. Upon motion of Mr. Nickerson, seconded by 14r. Driscoll, it was voted to authorize the purchase of a 3,000 watt generator from Fairbanks -Morse. Mr. Thomas retired and Mr. Burns returned to the meeting. The Chairman referred to Mr. Eugene Hamilton's letter of November 25th requesting abatement of the street betterment assessment levied against lot 176 Ledgelawn Avenue, and suggested deferring the assess- ment without interest. Upon motion duly made and seconded, it was vo- ted to extend the time for payment of betterment assessment of $264., assessed against land of Eugene B. Hamilton, Trustee Home Finance Company, on Ledgelawn Avenue, without interest until said land or any part thereofis builtupon or sold, or until the expiration of three years from the date hereof, whichever event occurs first. 317 Purchase of Generator Hamilton Street Betterment Assessment Deterred The Chairman read a letter from Morris Bloom- berg requesting deferment of sewer betterment assess- ment levied against lot 23, Marrett Road. The Selectmen felt that they would not be jus- tified in deferring the assessment and upon motion of Mr. Hoyt, seconded by Mr. Gpy, it was voted to deny the request. Bill in the amount of W45 was received from Dr. A. Leo Brett, 270 Commonwealth Avenue, Boston, for Bloomberg Sewer Assessment 318 Bill for services to James Lima Licenses Use of Hall Juror professional services rendered to Officer James Lima in 1949. The Clerk informed the Board that Chief Rycroft has no funds from which to pay this bill and it is something he believes Officer Lima should assume even though he was hurt during the performance of his duties. The Chief claims that other men in his department have had similar expenses and paid them and if this part- icular bill is paid it might establish a precedent. The Chairman agreed to contact Town Counsel to determine whether or not policemenrand firiemeican be covered by Town's insurance. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Old Coffee Shop 1775 Mass. Ave. Anna E. Phillips 29 Depot Square John J. Dacey 424 Marrett Road Shopper's Haven 316 Marrett Road Wm. F. Reidy 3 Bow Street Lexington Theatre 1794 Mass. Ave. Victualler. (renewal) nn n 9 Sunday Sales 2nd Class Agent held over Sunday Movies Application for a Sunday Sales license was re- ceived from Shopper's Haven and held over. The Chairman read a letter from Sherman K. Hardy, President of the Lexington Arts & Crafts Society, re- questing permission to use Cary Hall on April 29, 1951, for an exhibition. 4r. Hoyt moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion and it was so voted. Mr. J. Ernest Wilson, 29 Pleasant Street,was drawn to serve on a jury beginning February 5th. The remainder of the evening was given over to dis- cussion of budgets with Mr. Burns. The next regular meeting of the Board will be held on Tuesday, January 2, 1951. A true record, Attest: e lectlnen 1