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1951
SELECTMEN'S MEETING January 2, 1951 A regular meeting of the Board of Selectmen was held in the Slectmen's Room, Town Offices Building, Tuesday evening, January 2nd, at 7:pp P.M. Messrs. Gay, Nickerson and Hoyt were present. Mr. Burns, Suplt. of Public Works, and the Clerk were also pres- ent. Mr. Gay presided in the absence of gr. Emery. Mr. Burns informed the Board that a meeting had been held: With Mr. Walker for the purpose of discuss- ing carrying funds over from 1950 to 1951. He said that if he can show Mr. Walker th..t material has been ordered, with purchase orders to cover, the money will be carried against the account and he' will honor it. Mr. Burins said that frankly he does not want to be put in the position of ordering pipe at the end of the year making it appear that he is trying to use the mon- ey in his account. He said that he has requests for work which was not done this year, to take care of the $17,900 which is left in his account. The Chairman asked if an order for pipe could be placed to take care of the work amounting to $17,,900 and Mr. Burns replied that he could obtain an order dated December 30th or some previous date. He said that the motives are all right, but he is not in fav- or because at some later date he may be accused of try- ing to use money which was not spent in the current year. Mr. Hoyt said th:t he thought Mr. Burns would be perfectly justified if hefelt this was a responsibili- ty he does not wfnt_.to take. The Chairman asked if Mr. Burns would be warranted in placing an order because of the shortage of pipe. Mr. Nickerson said thE.t he would have no com- punction, as to him this is just good business and he would be in favor of getting the material if it is more or less certain that the work is going to be done this year. Mr. Burns explained that it takes about fourteen or sixteen weeks to have pipe delivered if ordered now. The Chairman said that he thought it would be a protection to the Town to order the pipe inasmuch as there definitely will be a shortage. Further discussion was held over until Mr. Emery arrives. The Chairman read a notice from the DPU relative 819 Carrying over Funds 320 Edison rates Hearing Garbage Collection to a hearin,, scheduled for Thursday, January llth, Room 166 State House, at 10:00 A. M. upon petit- ion filed by the Boston Edison Company for a change in rates. Mr. Nickerson said that if the Companyls re- quest is a fair one,. he did not think it shouldi.:be opposed because its expenses are increasing along with all other businesses. Mr. Burns agreed to have someone from his De- partment attend the hearing. Mr. Burns retired at 7:30 P.M. Mr. Edward Connors met with the Board, at his own request, to discuss garbage collection. He said that he wanted to explain some of the complaints that have been made and stated that before Thanksgiving he lost two men; one is back in the Navy and the other has returned to the Navy yard. He stated that he had a friend of his put on a truck and after a week or ten days said that he then made arrangements with Murray Potter to start collecting this morning. Mr. Connors explained that last week they en- countered all kinds of weather - the first of the, week was 100 below freezing and many of the con- tainers were frozen and Firday it was so icy that his men could hardly walk. He explained that in Lexington there are an unusually large number of outdoor buckets and even Mr. Potter's men were amazed at the number of outdoor bubkets. Those buckets freeze more readily than an underground bucket and it takes time to dig them out. Ur. Connors admitted that there was only one collection last week. Because of theice on Friday, the men only went through the motions but they worked all day Saturday. Ile said that it is dif- ficult tounderstand why a complaint will be re- ceived from one house and a Christmas Card from the very next house. He said that he is not going to bid the con- tract again and he assured the Board that he is not letting down on the job because he is not go- ing to bid. lie said that he very definitely felt that most of:the complaints were the result of conditionsbeyond his control. Mr. SteVens arrived at the meeting at 7:40 P.M. The Chairman asked if Mr. Connors felt that he could handle the collection all right between now and the time the contract expires. Mr. Con- nors replied in the affirmative. He said that he thinks he has done a,_good job in view of the size 1 of the town, number of houses,, weather and lack of co- operation from the people. Mr. Connors retired at 7:40 P.M. A f ew comments were made relative to the Oak Street bus route and the Clerk was instructed to have a lic- ense typed for signatures next week and further to ask Bus Mr. Garfield, of the Middlesex and Boston Street Rail- Route way Company for a schedule of operation over the it op- osed route. Mr. Stevens mentioned that copies of the Traffic Rules and Regulations should be available to the mem- bers of the Police Department. Mr. Hoyt stated, and the Board agreed, that: necessary steps should be tak- en to have the present rules edited and printed for distribution. The Chairman explained to Mr. Stevens that a bill in the amount of $45.00 had been received from a Dr. Brett for services rendered to Officer Lima in 1949. Mr. Stevens agreed to investigate the matter and report to the Board. He retired at 8:15 P.M. Mr. Burns and six individulas, representing the Sunnyfield area, met with the Board. Mr. Howard H. Dawes, 10 Bernard Sfreet, said that this group was present this evening to see what can be done about the condition iri the Sunnlfield area, Which is Bernard, Ivan, Calvin, Donald, and Bedford Streets. He said that the condition as far as sewage is concerned is bad, end thrt at least half a dozen of the septic tanks in the area overflow onto the streets. He stated that for years the people in this area have been dig- Sunnyfield ging holes and dry wells and have now reached the point Sewer where there is no room to dig more holes. Mr. Dawes said that now the people know the pipe has been laid under Route 128 they want to connect with it and there are 50'houses in the immediate area that would connect. Mr. Leonard R. Hayes, 6 Calvin Street, said that the sewer is coming out of the ground'at his house. 1e has purchased gravel, dug ditches three feet deep and it is a very bad situation. lie stated that something will have to be done whether it is through this Board or through the State Department of Health. Mr. W. P. Johnson, 10 Calvin Street, said that one house, at the rear of his, has been occupied sipce.:J,ast August and there has been a pool of water on the ground ever since the house has been occupied. Mr. Burns reported that he has gone over this sub - 321 Lima's Doctor Bill 322 Two-wssy radio system ject roughly to get some idea as to the amount of money involved. He said that based on what things have cost in previous years, $50 a foot is not too much up through the marsh. He read the estimated distances and posts as follows; From Route 128 to Bernard St. 5,000 feet $250,000 From Beford St. to Justin 1;200 " 60,000 Total for the trunk line $310, 00, In order to service Ivan, Bernard and Calvin Streets a line would have to be put in Justin Street, at $15 a foot 1,6000 feet $24,000 Ivan Street, entire length 24,000 Bernard & Calvin Streets another 24,000 To take care of the petitioners on Bedford Street 24,000 Total for lateral sewer X96,000 Adding this $96,000 to the $310,000 for the trunk line brings the total job to $406,000, of which $96,000 is assessable. Mr. Hayes asked how much the Manor sewer cost and Mr. Burns replied that it cost 200,000. He explained by the use of the map on the wall where the trunk line • was laid and said that the remainder was on straight assessable property. He also said thft the trunks were only eight and ten inch size. Furthermore, the con- tractor at that time was paying labor only *1.18 an hour. Mr. Hayes said that it is a bad condition and someonewill have to do something shout it. The Chairman said that the only thing he could say is that now these people have been in and given the Board their side of the story, the Board will discuss the subject. He said that he could not make any com- mitment as to just that could be done at the present time. He further stated that he did not know if this could be done in 1951. He said the Board will study the subject and let the group know what decision is made. One individual., whodid not give his name, said that if this cannot be done in 1951, they would like to have it considered as the next major sewer job in Lexington. The group retired at 8:35 P.M. The Chairman read a letter from Messrs. Little- john and Lewis advising that they have inspected the two-way radio communication system installed by Link Co., and find it complete and in accordance with the specifications that were established for it. Mr. Stevens, who returned to the meeting, said that this communication could be filed and that he is. trying to obtain prices of the items that have been substituted. The Chairman read a letter from Eugene B. Ham- ilton with reference to the Board's letter of Dec- ember 27th, def erring without interest the betterment assessment levied ag€inst Lot 176 Ledgelawn Avenue. Mr. Hamilton requested the Board to reconsider and abate the assessment. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to advise Mr. Hamilton that the Board has reconsidered the subjf-ct and is of the op- inion that there is no further action to be taken on it. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to sign a certificate of charac- ter for Malcolm F. McKenzio, 24 Vaille Avenue, who has applied to the Secretary of State for a Certif- icate of Incorporation. Satisfactory report was re- ceived from the Chief of Police. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it wasvoted to grant the following licenses: Hegyls Spa 93 Mass. Ave. Com. Victualler Village Variety Store.856 Mass. Ave. " " Lexington Theatre 1794 Mass. Ave. Sunday Movies Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to grant the following uses of halls; Veterans of Foreign Wars Estabrook :Lexington Field and Garden Lexington Girl Scouts Cary Lex. Choral Society ". Lex. Choral Society " Jan. 3 free Jan. 8 free Mar. 12 free Apr. 21 free Apr. 22 free 323 Hamilton Request for Abatment Ihe Chairman read a letter from the Chief of Police stating -that the Mass. Police Chief'd Assoc- iation will conduct a Police School for training local officers, to be held at the State police Head- uarters in Framingham. He would like to include $150 in his budget to cover the cost of sending two officers to the school this year. Upon motion of Mr. Hoyt, seconded by Mr. Nidkerson it was voted to approve the Chief's request. 324 The meeting adjourned at 9:10 P. M. The next regular meeting of the Board will be held in the Selectmen's Room, on Monday, Jan- uary 8th at 7:00 Y.M. A true record, Attest= )Zaad/ ro 1 326 Pole Location Water Rates SELECTMEN'S MEETING January 8, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 8th at 7:pp 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. hearing was declared open upon the petition of the Boston Edison Company and the New Eng- land Telephone and Telegraph Comapny for a joint pole location on Maple Street. No persons were resent in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr. Dris- coll, it was voted to approve the following pole loca- tion and.sign the order: Maple Street, southwesterly from s point approx- imately 105 feet southwest of Lowell Street, three (3) piles. Mr. Burns said that a question came into his mind relative to water rates established in 1945 and he wanted to make sure that it is the intention of this Board and every other Board that the rates are to be figured as written up at that time. He read the schedule and ex- plained that in some instances the minimum rate at the end of the year is less than at the beginning of the year. The Chairman asked if he thought a change should be made now regardless of what he thought was meant or- iginally and Mr. Burns replied that as far as the rate goes the Town will not lose money but he merely wanted to know what the concensus is. The Chairman asked if he wanted to make any recom- mendetion or just call the matter to the Boards atten- tion and Mr. Burns replied that he thought in fairness to everyone the minimum charge should be $3 per quarter per year. Be said that he does not think a 10,000 gallon user is large enough to come under a twenty cent rate. Mr. Nickerson said that he thought the water rates in Lexington are high enough. The Chairman asked if the homeowners would be pay- ing more if the schedule were changed and Mr. Burns re- plied in the affirmative. 1 1 It was the unanimour opinion of the Board, af- ter discussing the subject, that the water users are now paying an ample rate. 1VTr. Burns presented sketches of the properties located on Grant Street owned by Messrs. Busa, Carl- son and Cavanaugh, and the Board discussed the street betterment assessments levied against each. Without waiving its legal rights in the matter, the Board voted as follows; Angelo Busa (1) To reduce the assessment from $2213.78 to $1675 divided as follows; $800 on lot 107 875 on lot 108 (2) if Its. Busa so requests in writ- ing, to defer the assessment of $800 on lot 107 without interest as provided by Chapter 159 of the Acts of 1950. (3) If Mr. Busa_ wishes to have lot 108 sub -divided into two lots, conforming to the Town Zoning By- law the Board will divide the.ass- essment of ;875 against lot 108 as follows; $475 on the lot which his home is situated on and $400 on the other lot created out of the or- iginal lot 108 (4) If, after such subdivision, Mr. Busa so requests in writing, the Board will defer the $400 on the newly created unbuilt -upon lot without interest as provided by Chapter 159 of the tots of 1950. 327 Grant Street Assessment Thomas Cavanaugh (1) To reduce the assessment of $800; $400 each for the lot upon vh.ich his homeis situated and $400 on the new lot which he hrd surveyed and approved by the Boc.rd of Appeals as a buildable lot. (2) If he so requests in writing, to defer the $400 assessment on the newly created lot without interest 328 W. Potter re Union (Cem. Dep't.) as provided by Chapter 159 of the Acts of 1950. Johannes T. Carlson (1) To reduce the assessment to $1,025 divided as follows: $550 on the lot on which his home situated and $475 on the 100 foot lot adjoining it southeFsterly. (2) If he so requests in writing to defer without interest the assess- ment on the latter lot of $75, as provided by Chapter 159 of the Acts of 1950. Mr. Harold E. Stevens, Town Counsel, and Mr. William Potter, Chairman of the Cmeetery Commissioners, arrived at the meeting at 7:30 P.M. 4 Mr. Potter reported that the laborers in the Ceme- tery Department have joined the newly formed Union and he understands the organization intends to place the question of Civil Service on the ballot in March. He mentioned the possibility of amending the Town By-laws in an effort to discourage such action by the Union. Mr. Potter left the meeting and the Board discussed the subject informally with the Town Counsel. It was the Board's decision not to take any action in the matter. Mr. Stevens referred to a bill received from Dr. Leo A. Brett for professional services rendered to Officer James Lima in 1949. The bill is made out to Officer Lima but inasmuch as the doctor has been un- able to collect he forwarded it to the Town. Mr. Officer Stevens said that the Statute has been changed many Lima's times but it is mandatory for the Town to pay. He Bill said that he had conferred with the Chief of Police who informed him that the Town has never paid any bills for expenses incurred by Officers in the performance of their duty. Mr. Stevens explained that the Statute applies to police officers, firemen, call and volunteer men, However, the bill presented was not made out to the Town but directly to the Officer and Mr. Stevens was of the opinion that the Town could not pay the doctor but would have to pay the Officer. Upon advice of Counsel it was agreed to inform Dr. Brett that the Board is of the opinion that the Town has no legal obligation insofar as payment of Mr. Lima's bill is concerned. CC 1 1 329 Mr. Stevens informed the Board that he cannot find any provision in the Traffic Rules and Regula- Traffic Rules tions prohibiting a motorist from parking in a bus and Regulations stop. He suggested that the Board meet with the Chief of Police and amend the entire regulations. However, the Chairman felt that the Chief of Police should be the one to make the revisions. Mr. Stevens said that Mr. Lindstrom informed him that Bradford Motors have made no indication that they •intend to remove the building on Bedford Street, con- structed without a permit and which doesnot conform to the Building By-law. It was agreed that Mr. Stevens should advise Bradford Motors in writing that unless the violation is taken care of immediately, legal ac- tion will be taken. Mr. Lindstrom, Building Inspector, met with the Board at 8:25 P.M. He reported that he had been over to see Mr. Kraff and presented a sketch showing how Mr. Kraff intends to divide his store on Marrett toad. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant Louis Kraff, d.b.a. Shop- pers' Haven, a Sunday Sraes License after the gate has been installed according to Mr. Lindstrom's in- structions. Messrs. Stevens and Lindstrom retired at 9:35 P.M. Messrs. Roeder, Adams, Fawcett, Cook, Hynes and Fitzgerald met with the Board. A discussion of the 1951 budgets was held and the group retired at 9:35 P.M. Mr. John J. Garrity, Supt. of Parks and Play- grounds, met with the Board. The Chairman inquired as to the condition of the elm trees on property owned by the Pollen Church. Mr. Garrity explained that the trees are not infected with Dutch Elm disease but have the zoolitis bottle and, in his opinion, are hazardous to the children attending the .Adams School. The Chairman said that he would be in favor of removing the trees, providing a legitimate reason can be given. Mr. Nickerson reported that he has seen the con- dition of the trees and fL;lt them to be a menace to the children. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to authorize Mr. Garrity to do' whatever work he believes is necessary to elim- inate any possible hazard to the childre2. Bldg. Violation Bradford Motors Shoppers' Haven Sunday Sales Trees 330 Hearing re Preston Rd. Pole location • Mrs. Anne H. Evans, 5 Preston Road, and three other persons met with the Board. She explained that she had a petition to have Preston Road fin- ished. The Chairman asked if she meant that they wanted the Town to lay it out and have it accepted under the betterment act with assessmentsievied against the property owners and she replied in the affirmative. The Chairman explained that when an estimate of cost has oeen prepared the property owners will then be asked to sign betterment assessment sheets. He said that he did not know whether or not the En- Fineer had a layout of the street or just how much work would have to be done, but he did not think it could be ready for the Annual Meeting in March. Mrs. Evans asked if they would lose out if it were not acted upon in March and the Chairman re- plied in the negative explaining, however, that it cannot be done without a Town Meeting vote. He said that usually a Town Meeting is held in the Fall and he thought there would be one this year. He explained that after a survey has been made, plans prepared and costs estimated, there would be a public hearing after which acceptance would be voted upon by the Town. • One individual, who failed to give his name, inquired as to whether or not the Town would fill in the holes and the Chairman explained th<t the Town has no right to enter private property but tht the abutters could hire a contractor themselves. The group retired at 9:55 P.M. At the request of the Chairman, Mr. Gay con- ducted the meeting for the remainder of the even- ing Application was received from the Boston Ed- ison Company for permission to relocate two poles on North Hancobk St. The proposed locations were approved by Mr. Burns. Upon motion of Mr. Nickerson, seconded by. Mr. Emery, it was voted to approve the petition and sign the order s follows: North Hancock Street, westerly from a point approximately 290 feet west of Braemore Ter- race, two poles --two existing poles to be re- moved. Letter was received from R. Avenue, requesting, an adjustment terment as-sessment in the amount ion was held over until the next E. Cook, 5 Ledgelawn of the street bet - of $496.67. Decis- meeting. 1 Another letter was received from Paul K. Pal- mer with reference to street betterment assessment levied against his property on Liberty Avenue. The Board, at a previous meeting, had voted to reduce the betterment from $527.65 to $427.65, hut Mr. Pal- mer felt that the reduction was not enough. The Board felt that no further reduction was justified. Letter w.s received from Harold Conant request- ing the extension of sewer main in Lincoln Street to service seven houses. The Clerk was instructed to give the Superin- tendent of Public Works a copy of the letter. Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to grant the following uses of halls: Lex. Health Council Simon W. Robinson Lodge Lex. V. F. W. Lex. School Dept. Cary Hall " Jan. 18 Free Mar. 31 $35 Apr. 19 Free May 11 $35 Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the following licenses: Daniel P. Curtin L.J. Foss Hattie Peckham Hardyts Garage Morris Bloomberg Mawhinney Motor Corp. Colonial Garahe, Inc. Johnson rontiac Co. F.K. Johnson, Inc. William DeFelice Anthony Ferrara Lexington Thet.tre James Razzano Mdsx. & Boston St. Ry. (hourly service) 442 Marrett Rd. Common Viet. 1734 Mass. Ave. 37 Hancock St. 915 Waltham St. 1st Class Agent 446 Waltham St. " " 581 Marrett Rd. 1668 Mass. Ave. 7 Mass. Ave. 39 Bedford St. 80 Westview St. Peddler 299 Marrett Rd. 1794 Mass. Ave. Sunday Movies Arlington Junk Collector new Oak Street Bus Route " 331 ralmer Assessment Conant sewer request Uses of Halls Licenses renewal " If It If If If It " tt " " tt It " " " " rr " 4 was decided to meet Saturday morning at 9:30 A.M. for the puppose of discussing budgets. the next regular meeting of the Board of Selectmen will be held on Monday, January 15th at 7:00 Y.M. A true record, Attest: J SELECTMEN'S MEETING January 13, 1951 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Saturday morning, January 13, 1951 at 9:30 A.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. Donald Hathaway, repre Association, met with the Board to discuss revaluation of real 10:15 A.M. A transcription of under Assessors, 1951. Mr. Joseph Kraetzer and Mr. John J. Garrity, Sup't. or Parks and playgrounds met with the Board. Mr. Kraetzer said that he had requested an appoint- ment in connection with the Lexington Field and Garden Club to see that can be done to beautify some locations. He said that he has discussed the subject with Mr. Gar- rity and if something can be done, he thought it would be considered in his budget. In view of that developed in cost, the Club felt that it would be well to do only two areas - the corner of Massachusetts Avenue and Pleas- ant Street and the corner of Pleasant and Watertown Streets. He explained that the total cost of the two areas would be about $631. The labor for Massachusetts /venue and Pleasant Street would be 15Qt and the labor for the Wa- tertown area would-be 4100. He explained that'the Club could spend 4200 and did not think the maintenance after the initial cost would be too much. The Chairman said that the Board would discuss the sjbject with "4r. Garrity and Mr. Kraetzer retired at 10:30 A.M. Mr. Garrity said that he has no funds included in his budget for these projects. Ile said that he thought it would be all right if the labor budget is left as pres- ented and that he could take care of both -- the Field and Garden Club to put all its funds in the area at the corner of Massachusetts Avenue and Pleasant Street. senting the Taxpayers' , at his own request, estate, and retired at the discussion is filed ¶ihe Chairman informed the Board that the Civilian Defense is in need of another 4100. The Board dis- cussed the subject and was unanimously in favor of auth- orizing Mr. Thomas, Director, to spend the requested sum of $"1Q0.. The meeting adjourned at 12:10 Y.M. A true record, Attest: 825 332 Sunnyf i e l d Sewer SELFCTMEN'5 MEETING January 15, 1951 A regular meeting of the BcArd of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, January 15, 1951, at 7:00 P.M. Chairman Emery, Messrs. Gay, Nickerson, and Hoyt were present. Mr. Burns, Sup't. of Public Works, and the Clerk were also present. Mr. Driscoll arrived at the meeting at 9:00 P.M. A general discussion was held on 1951 salaries proposed by Mr. Burns for clerical hely in his De- partment. Mr. Burns briefly discussed the construction of sewers in the Sunnyfield area. He stated that if outside help is necL ssary or even if the work is done by the Town, the trunk line from the Pumping Station to the end of Justin Street will cost about $430,000, plus engineering, etc. Xie said that there is a possibility of bringing; the line up to Bedford Street and, without going too deep, it may save 300 or 400 feet. Then for the streets it will cost a- bout 0117,000 of which probably about one-half will be assessable. Mr. Harold Stevens, Town Counsel, met with the Board at 7:40 P.M. Mr. Burns also reported briefly on the construction of the low level sewer and said that there are about Low 4500feet involved which will cost approximately Level $260,500 for construction alone. He stated that sur - Sewer veys, plans, engineering, etc. may bring the cost up to $340,000. This will bring the sewer from the pres- ent end of Bartlett Avenue an would service &rtlett Avenue and Lowell Street as far as Maple Street. The Chairman reL,d a letter from Lester T. Red- man suggesting that a ?ranite curbing be placed on the northerlyside of Hayes Avenue from Berwick Road Drainage to Hancock Sreet because during heavy rains the Complaint water flows down the sidewalk and washes out the Hayes Ave. gravel. Mr. Burns mentioned that this is a location vh.ch he spoke of some time last summer and recommended t e installation of drainage to prevent the washouts. The Chairman asked if Mr. Burns had included an; item in his 1951 budget to take care of this and he replied in the affirmative. 1 1 The Chairman agreed to advise Mr. Redman that the correct approach to the problem may be proper drainage rather than curbing. The Chairman read a letter from Donald K. Ir- win requesting the extension of a water main to ser- vice lots 546 through 552 on Carville Avenue. Mr. Irwin intends to construct two houses on the seven lots. The Board agreed to advise Mr. Irwin that no committrnent can be made but that his request would be put on the list. Mr. Burns retired at 8:05 P.M. Mr. Stevens informed the.Board that the descrip- tion on Lot 23, Block 89 Garfield Street (sold to Margaret E. Carroll) is entirely inaccurate. He said thst he would send the Board a lett€.r on the subject. Mr. Stevens reported that he has written to Mr. Lynch, attorney for Bradford Motors. They now have plans completed and will file a petition with the Board of Appeals for a hearing. Mr. Stevens informed the Board that Officer Ben- jamin Day telephoned him and said that the police want an article on the warrant for a five-day week. He told Officer Day that he would check it. If it is a vote of the Town, it will have to be voted on at the meeting. If, however, it is acceptance of a State Act, it will have to go on the ballot. Mr. Stevens retired at 8:25 P.M. Mr. Gay took over the meeting, at the request of the Chairman, for the remainder of the evening. Mr. Thomas Moon met with the Board and said that one of his neighbors told him that the Town does not allow coasting on any street in town. He asked if there was any chance of coasting being allowed on Simonds Road, and if coasting is not allowed could a Stop sign be erected on Harding Road. He said that he believes children will coast whether it is allowed .or not. The Chairman explained that two years ago coast- ing was prohibited on all streets, one of the reasons being because a child was killed coesting on a street where one would think there would be no danger. 333 Water request Tax title Bradford Motors Police 5 -day week Thos. Moon re Coasting 334 Union re Wages Cook's Assess- ment reduced Use of hall Licenses Mr. Moon said that he thought there should be some place for children to coast and Mr. noyt ex- plained that placing horses would afford a certain amount of protection but would not eliminate the situation where the town is involved. Mr. Moon said that if the Selectmen felt that no coasting should be allowed he hGd no further questions and merely wanted the situation explained to him. He retired at 8:40 P.M. Letter was received from the Lexington Town Employees Association requesting an interview for the purpose of discussing a wage increase. The letter also mentioned having a representative of the School Department and Cemetery Department present at the interview. The Board questioned whether or not it had the right to invite other representatives and the Clerk wts instructed to find out if the Association meant a member of the School Committee and Cememtery Com- missioners and further to make an appointment for the Association on January 29th. The Recrettion Committee met with the Board at 8:45 and a generaidiscussion was held on 1951 budgets. The group retired at 9:30 P.M. Further consideration was given to Mr. R. E. Cook's request for an adjustment of the $496.67 street betterment assessment levied against his property at 5 Ledgelaen Avenue. Mr. Nickerson moved that the assessment be re- duced to $425. Mr. Emery seconded the motion and it was so voted. Application was received from the Veterans of Foreign Wars requesting permission to conduct a meeting in Estabrook Hall on Wednesday evening, Jan- uary 17th from 7:45 until 10:00 P.M. Mr. Emery moved that the use of the hall be granted free of charge. Mr. Hoyt seconded the motion and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the following licenses: Bradford Motor, Co. 34 Bedford St. 1st Class Agent Lexington TheEtre, Inc. 1794 Mass. Ave. Sunday Movies Letter was received from the Town Clerk informing the Board that he has appointed Miss Mary R. McDonough as Assistant Town Clerk and Assistant Town Treasurer. 1 1 1 Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to give written notice of in- Woodland tention to lay out Woodland Road from Adams Street Road to York Street, approximately 1,825 feet. The meeting Edjourned at 10:00 i'.M. A true record, Attest; 335 336 Pole location Juror Voting Booths SELECTMEN'S MEETING January 22, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room Town Office Building on M nday evening, January 22, 1951, at 7:00 P.M. ChaiPman Emery, Messrs. Gay, Driscoll,. Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Hearing was declared open upon the petition of the Boston Edison Company and the New England Tele- phone & Telegraph Company for joint pole locations on Hayes Avenue. Mr. Oscar Carlson was the only person present. Mr. Burns explained that two poles were to be located in order to service a house now under con- struction and owned by Mr. Carlson. The Chairman asked if he had any objection and he replied in the negative. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the following joint pole lo- cations: Hayes Avenue, westerly from Castle Road, two (2) poles. One existing pole to be removed. Mr. Carlson retired at 7:03 P.M. and Mr. Carroll, Town Clerk, met with the Board for the drawint of one juror. Mr. Paul Martin, 15 Crescent Hill Avenue, was drawn for a Jury Pool, beginning at Cambridge on March 5, 1951. The Chairman read a letter from Mr. Carroll stat- ing that an additional twenty-nine voting booths should be purchased to comply with the provisions of General Laws. He asked if purchasing additional booths is something that has to be done and Mr. Carroll replied that it is a requirement of General Laws, although the Town has been going along without them, but it is possible that someone may raise a question. Mr. Carroll said that none have been purchased since he has been in office snd several years ago a price of %18 was quoted. However, he felt very def- initely that they could be constructed for much less. The Chairman agreed to look into the subject and Mr. Carroll retired at 7:10 P.M. 1 337 Mr. John W. Raymond met with the Board and the following discussion was held with reference to the low level sewer: Chairman: As we are making up the warrant for the Annual Town Meeting and considering some matters which might come up and some which might not have to come up, we hcd to not overlook the low level sewer. We, therefore, decided to have you come in and give us your point of view on it. We raised the question as to how long it would be before it would be necessary to have the low level sewer available. Raymond: You had one critical period, as I under- stand it, since 1936 and tho-;t was in 1948. In 1936 was worst month we ever knew for rainfall. I don't think it was quite as bad in 1948. In 148 we took some samples along the brook after there had been a discharge of sewage in the brook. We did not find any health hazard there at the time. It is possible, of course, that ice could become contaminated in that ice house from discharge of sewage. I understand that there has been nothing received from the State Department of Health about it. We had a lot of pumping in July of 1936 but in that month we had over twelve inches of rain. As far back as I can find in the records for 100 years, we had not had a summer month of more than nine inches. We did find a number of leaks in the sewer in 1936. We rebuilt part of it from Massachusetts Avenue to Vine Brook Road. Later on we discovered some roots on Massachu- setts Avenue were discharging into the sewer. We got those out. The whole situation was im- proved somewhat by the Vine Brook work. The resent sewer has ample capacity for all reasonable allowances for the population which you now have. We could not design a sewer any larger except to provide for future conditions for a well administered separate sewer system. There may be more solid drainage and roots getting in than you would expect, but I doubt it. .We could not discover that there was any obstruction in the sewer in 1948... With pipe as it is now and the construction industry the way it is, I do not believe the ex- penditure is justified. It would cost over $600,000 to go from the present end up to the low level 338 sewer coding from North Lexington. While it is not working the way it was intended to flow, it is working the way it was expected to for some years until the Town found the money to build the low level sewer. I do not look for any trouble there for some time to come. It was built of cast iron pipe. You are going to run into the same difficulties we did on Contract B of the Vine Brook sewer. I would not be surprised that there will be a shortage of materials in the next year or two.• Pipe may be all right, but concrete' and ce~gent is retiring somewhat. My own opinion, and the opinion of :;etaalf & Eddy, is that the ex- penditure is not justified. if the frequency of the overflow comes more often and. the damage is by backing into basements in Grant Street and Hayes Lane, it msy justify going ahead with the project sooner than 1 visualize. From 1936 to 1948, as far as I know., there were no complaints. We can't tell what the weather is going to do. Chairman: You are speaking, when you say you don't think it is justified, taking into consideration that Farmcrest will be connected within the next year and Fair Oaks within the next two years? Raymond: Chairman Burns: Yes. I picture those areas about as in. There is no low area in there. lieve you will get a great amount of there. : Speaking of pumping into Vine Brook longer cut ice there, do they? No. The house' is gone. they come I don't be - infiltration - they no Raymond: Isn't there a pond in Burlington? Chairman: The Butterfield pond is in Burlington. Raymond: I knew the house was gone, but I thought there was a pond below Lowell Street with a little dam. Chairman: Does -Butterfield Pond flow out of the sluiceway ordinarily? Burns: It flows all the time. Chairman: The samples you took out of Vine Brook. Raymond: I believe the complaint was from the people who had fesred it would interfere with the livelihood.;' 1 339 of the trout stocked in there. There was nothing in the water that could be detrimental to fish lice. Your ordinary pollution from what runs off wo ld be as great as what little you could pump our. You may have to pump again to protect the lov basements on Hayes Lane and Grant Street. Chairman: I would like to change the scene to the so-called Su yfield. Raymond: T e situation has changed up there somewhat since I ast studied the area. Burns: 1. ere are 45 houses up there in the same condi- ti.n as the Manor with sewage running down the st eets. Chairman: I there anything we could use up there? Burns: I we put in pipe of any kind temporarily, it wo ld run off in the marsh. Raymond: I. is clay soil nd drainage will not help much. It is sup,osed to ue served by sewer to the North Lexington Pumping station. I could not make mucki of a worthwhile estimate of cost without giving it some study. Wo might have to run from profiles be.ause the location of that sewer would be a lit- tl_ different from where we showed it in our re- po t of 20 years ago. It would be nearer Bedford St eet. Mr. Burns explained the proposed location by us of. the large map in the Selectmen's Room. Raymond: I suppose you could put::in a cheap ejector sta- ti.n but it is not a permanent answer and eventu- al y the money spent would be just so much money bu ied in the ground. It might last for 20 or 25 years. It does not justify a first-class pump - in _ st._tion on the order of the eresent station. Chairman: -t saving would there be in an ejector station? Raymond: 1. might be 420,000 and vr15,000 or 420,000 for an ejector station, with the station underground. On top of that you would have. your laterals. You wo ld eventually have to spend 4300,000. £here wo ld•not beany material difference in laterals. Chairman: Would that take some of the sewage from bimonds Roa., Grove Street, etc.? 340 Burns: It might if it were put high enough. Raymond: Chairman: Raymond: Chairman: Raymond: Burns: 1f you rut in pneumatic equipment it might last a little longer. This unit would take care of a total of 100 houses. Would 100 be the limit? No. For a little more money you could have a large enough space for equipment for 200 houses. With a six inch pipe,you guess $40,000? With an eight inch it would be only $40,000 or 0,000 more. Steel pine? Raymond: You could •ase steel pipe or cast iron. Nickerson:The engineering would be added? Raymond: Those are off -hand figures. Nickerson:Would it pay for the whole project or just con- struction? Raymond: Just construction. We would have to add at least 20% for contingencies and engineering and possibly more. It would take a year to get all your equip- ment. Nickerson:Would your construction supervision be over a per- iod of a year? Raymond: No. The construction would not take more than three months after they have the equipment and material, but it would take 25 weeks to get the electrical equipment and there may be priorities required before you could get under way which should not stand in the way of a project that you , as a Board of Health, would decide is a health menace. Chairman: Row long would the necessary preliminary engin- eering take? Raymond: I must say that I don't know when we could start it. If we could start right away itwould •be a matter of maybe six or eight weeks depending on how much surveying should be done. I expect Bill could take care of the surveying. Some easements might have to be obtained and you might 1 have to buy a lot of land. I don't think you want to put this in the street. You probably could not put it in Bedford Street because it is a State highway. I don't like to put stations in public highways. It is bound +o be in the way in years to come and you would wish it were not there. Chairman: If you were in our position with these families requesting relief would you think it advisable to spend a little money to do some engineering or spend some money to look into it? Raymond: I would advise you to go a little further in the engineerin.; on it and see how that is going to work out. I could not make a decision on what I know about it withoat studying it and I don't believe Mr. Burns could. Chairman: What would it cost to have a report as to whether it is practical and probably a feasible alterna- tive as compared with the original plan? Raymond: I would say that the repot would cost 14,000 assuming that the Town would do the surveying and furnish us with the topographical data. Burns: I would have to hire someone. Chairman: How does the Board feel? Nickerson:I would like to think about it before opinion. Chairman: If we are going to take any action of there m111 have to be something in the rant even for money for engineering. I don't see why we would need an article for en- gineering. We have money for sewer sundry streets. Without cutting into any money earmarked, we could do enough surveying to find these things out. Enough to absorb 41,000 for a report? Well, maybe not enough for the report but enough for the surveying. The report should not take more than 'two 'or three weeks after we receive the field data from Mr. Burns. This would be something that we would squeeze in. In this case we could put a few more men on a 48 hour week for E while. Burns: Chairman: Burns: Raymond: giving my any kind Town War - 341 342 plow and . Sand Spreader Mr. Raymond retired at 6:00 P•M. Following a short discussion, it was the op- inion of the Board that a report as mentioned by Mr. Raymond should be obtained from Metcalf & Eddy. Mr. Burns said thc:t he would like authority to engage engineering firms as he needs them. He said that if the Follen Road Section goes through, there is no'working profile of any kind.. All the men on the payroll now in the Engineering budget are busy, The Board was in favor of giving Mr. Burns au- thority to engage outside engineering assistance to compile, among other projects, the necesstry data in connection with the report to be submitted by Metcalf & Eddy on the Sunnyfield sewer. • Mr. Burns requested permission to purchase a snow plow and a sand. spreader and stated that next Fall he will not be able to purchase this equip- ment. At the present time he can obtain an eleven - foot plow and two sand spreaders at a cost of 41;1,135. He said that, as he understands it, this is up to the maximum of what he has spent in any one month for snow removal. he explained that these items will be in his budget but they should b e purchased now while they are available. The Chairman asked if it could be incorporated in the Road Machinery request at the' Spring Meeting and Mr. Burns replied that he wants to get the e quipment now before the budget is passed. Mr. Hoyt asked if the reason for the request was simply because Mr. Burns felt that he "should be before the game" or if this is replacing equipment. Mr. Burns replied that the plow is a replace- ment and the sand spreaders will replace two pur- chased six years ago. He said that he has not as yet submitted his budget to the Appropriation Com- mittee. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to authorize Mr. Burns to purchase a snow plow and two sand spreaders. Mr. Burns mentioned thst the hearing on Wood- land Road is scheduled for next Monday night. He said that the people sent in a petition last summer and were advised that it would be considered this year. He explained that he has not had an opportun- ity to send out a petition showing the estimated cost to each abutter, but they can be told at the hearing that a petition will be sent out with indiv- dual costs for the sewer and the street, and based upon the returns, the Board can decide whether or not to recommend it at Town Meeting. He said that legally the Town does not have to send out estimates. 1 Mr. Burns said that this is another instance where the sewer must be installed in the street and to install it and operate it, he will have to put the .sewer in Adams Street and in Colony Road from the present end up to Woodland Road. He said that it involves about 2140 feet or 419,890 which is in- cluded in his budget. On Woodland Road there is a- nother $19,500 or a total cost for the sewer of $39,300 to take care of Woodland Road. He said that he would like to let the job and have the sewer installed as early in the year as possible. ir. Burns reported that petitions were sent out in October relative to acceptance of Bartlett, Pearl and Arcola Streets. However, the petitions were not returned to him until January 13th and it is just impossible to have anything ready for the March meet- ing. Mr. Burns presented a blueprint of Laconia Street having to do with Mr. Joseh P. Kelley's request for relocation of a portion of the steeet. He explained that Mr. Kelly proposes to abandon a portion of the street and bring it out into Lowell Street which the planning Board sees from a planning point of view to.be desirable, but in view of things to be contended with, it may not be so.desirable. Mr. Kelly also wants.the Town to accept the layout which means building the street. He said that if the Town con- structed the road on a taking such as this, he doubted if it could collect any assessments. Mr. Kelly has told people purchasing his houses that the Town is going to build the street. It wss agreed to f:dvise the Planning Board that this matter appears to involve various legal ques- tions and the Board does not feel inclined to make any recommendations until such time Es it has been discussed with Town Counsel. Mr. Gay brought up the suoject of the Town Dump_ on Lincoln Street and conditions which he claims to exist. The subject was discussed brief h., and Mr. Burns was given authority to handle the situation at his discretion. Petition was received from Clifford Manson, et al with reference to a plowing situation adjacent to 905 Massachusetts Avenue. Mr. Burns was requested tosubmit a report at the next meoting of the Board. 343 Laconia Street Town Dump Snow removal 344 Letter was received from Mrs. Carl R'. Sumner Sewer 22 Burlington Street, requesting that the sewer be 22 Burlington made available to service her house due to the fact Street that her septic tank does not properly function and the sewer has backed up flooding her kitchen. It was agreed to advise Mrs. Sumner that the Town will not be doing any sewer work until Spring at which time her request will be considered along with various others. Honor Roll Civil Service Exams Artic]e Article Article Letter was received from Ralph M. Aims quoting a price of $p 300 for replacing the names on the Honor Roll. Mr. Burns was instructed to submit more in- formation on the subject next Monday night. Mr. Burns retired at 8:50 P.M. Messrs. Lombard Sellars Dawes and Collins of the Board of Public Welfare met with the Selectmen. A brief discussion was held on 1951 budgets and the group retired at 9:25 P.M. Letter was received from the Chief of Police requesting examinations for the positions of Lieuten- ant and Sergeant. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to request the Division of Civil Service to hold examinations for the positions of Lieutenant and Sergeant in the Lexington Police Department. Letter was received from the Board of Health requesting that an article be inserted in the war- rant for the Annual Town Meeting relative to the appointment of a Committee to study the provisions of Chapter 662 of the Acts of 1949; an Act relative to the organization of Union Health Departments. Mr. Hoyt moved thr,t the request be approved and an article included in the. warrant. Mr. Gay seconded the motion and it was so voted. Petition was received from members of the Police Department requesting that an article be inserted in the warrant for the Annual Town Meeting relative to the establishment of a five-day week. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to approve the request and insert the article. Petition was received from StreeSStuart et al relative to an article (called vote in the petition) whereby the School Department would provide hot lunches in the elementary schools. The Town Clerk checked the signatures on the petition and the result was that only nine had signed as registered. 1 Upon'motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted not to include an article on this project. Letter was received from Mr. JohnF. McKearney, in reply to the Chairman's letter of January 6th in reference to the street betterment assessment levied against the McKearney property on Grant Street. Mr. McKearney asked that his letter be considered as his request in writing for the deferment of assess- ments levied against Lots C and B, Grant Street, in the amount of $400 each. Letter was received from Frank J. Pino, 18 Ev- erett Avenue, Somerville, offering $1,300 for 13 acres of land on Waltham Street, formerly owned by Amos Stearns. The unofficial committee on tax title property expressed the opinion that possibly this individual intended to strip loam. The Chairman was authorized to ask Mr. Pino What use he intends to make of the property should the Board consider selling it. Letter was received from William Fellman, 179 Scituate Street, Arlington, offering $150 for Lot Tax Title 225 Spring Street. The unofficial committee on tax Property title property recommended a price of 4400. The Board preferred to look at the parcel of land before making any decisions. Letter was received from the Lexington Allied Veterans Council stating that the Council voted to nominate, for the Board's consideration, the follow- ing individuals to serve as a Patriots' Day Committe for 1951; Malcolm H. Clifford, Raymond E. Lewis, Wendell H. Irvine, Robert H. Watt and Martin F. Bash- ian. Upon motion of Mr. Gly, seconded by Mr. Nickerson, it was voted to appoint the individuals nominated by the Lexington Allied Veterans Council, to serve as a Patriots' Day Committee for 1951. The Chairman informed the Board that he had asked Mr. Burns how many property owners in the Ledge - lawn are might have situations, insofar as betterment assessments are concerned, similar to that of Mr. Cook and he wanted the Board to know about these as Cook it is possible more requests may come in for adjust- A4gessment ments. However, the Board was not inclined to make any change in the decision to reduce Mr. Cook's assess- ment to $425. 345 Assessments McKearney Tax Title Property 19th of April 'ommittee 1 Upon motion of Hoyt, it was voted projec etter w.. in eply to th i reference ainst the Mr. Mc as.his re ments le the amo - Ever ac s cK earn est i ed a& t of 4 • . Nickerson, seconded by Mr. t to include an`:rticle on this eceivedif Chairman s the street arney prop y asked t writing �`,.t Lot ach ach etter was rece tt Avenue, Some s of land on W os Stearns. Th roperty express individual inte The Chair use he inten Board consi Lett cituate 5 Spr le ti^ pr ing th uno the ded to an was to make r selling it. rom M f; John let r of Jo' be erment as proper on Grant t his letter or the defer men and B, Grant . McKearney, uary 6th essment lev%ed Assessments reet. McKearney consi red men: of as=ess- St' eet in 8 r 13 by title s ed from Frank J. Pino, ille, dff Bring $1,300 m Street, formerly •vn= icial committee o,' tax inion that poss`.ly:t s rip loam. aut orized to a of he proper • was received fro Street, Arlington, o ng Street. The unoffi roperty recommended a red to look at the par ny decision. etter was -re ns Council s e, for the viduals to ; Malcolm rvine, Ro motion o voted e Lexi atrio peter nomin ing in•. for 195 dell H. Upo son, it w inated by serve as a The Choi Mr. Burns how area.might ha assessments e and he want '-:d th possible m.re req Shy/ever, e Boar in the d cision tO m n Mr. Pin. should th what Wil '`am Fellman, 17 e ing $150 for Lot al committee on to i e of $400. The Boa r 1 o land before mak- ington tillied neil voted to •n, the fol1 - s Day Co �� `ttee . Lewi- Wen - rt'` F. shian. by r. icker- vidu -a nom - Co nom- ncil, to was -received om the L toting "hat_ the Co Board' considerati sere .as a Patriot H. afford, Raymond ber` H. Watt and Ma f r. Gay, seconded appoint the indi gton Allied Veterans st Dpy Committee for 19 f informed the Board t any property owners in situations, insofar concerned, similar Board to know a ests may come was not inc educe Mr. $4-25. . .- 1 he ed he Led; s betterm o that of Cook ut these ori is n for ad jusmen ned to makan ch nge ook's assessment to t ad as ela n Tax Title Property x Title roperty 19th of April Committee Cook Assessment 9f7 Application was received from the Lexington Community Concert Association requesting the use of Cary Hall on February 18th, March 14th, and April 15th for a musical for members of the Association. Mr. Hoyt moved that the request be granted subject to a charge of $35 for each use. Mr. Dris- coll seconded the motion and it was so voted. 347 Use of hall Uron motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to approve the Sunday Movie License License submitted by Lexington Theatre, Inc. The Chairman mentioned that bids should be ad- vertised for collection of garbage, the 'resent Garbage contract expiring on April 19, 1951. ft was agreed Contract to use the same form for advertisement that has been used in previous years, subject to any suggestions that the Town Counsel may have. The Chairman read a letter from the Board of Fire Engineers, to which was attached two blueprints Fire from the Mack Motor Company in regard to the recent Contract purchase of the thousand gallon pump. The Board of Fire Fngineers agreed that the changes are ,acceptable and would like to know if they are acceptable to the Board of Selectmen. The data was submitted by the Mack Company was checked by the Board and upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the changes as submitted. The meeting adjourned at 10:05 P.M. A true record, Attest: 348 V.F. W. Use of Library Plowing 905 Mass. Avenue Water for Conoord Avenue SELECTMEN'S MEETING January 29, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen/a Room, Town Office Building, on MondEy evening, January 29, 1951, at 7:00 Y.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Gay reported that the Library Trustees have agreed to grant the Veterans of Foreign Wars permission to hold meetings in the Trustees Room until 9:00 P.M. Inasmuch as the library closes at nine o'clock it will be necessary to have the janitor on duty and the or- ganization will be expected to pay him. Petition with reference to plowing passageway located off Massachusetts Avenue at numbers 905, 905A, 905B and 905C was held over from the last meeting. The Chairman stated that he understands from Mr. Burns that he has no objection to plowing this pa'ssage- wa.y, but it may result in similar requests. Mr. Burns explained that he did not tell these people that he would not plow because it is an unaccepted street. He said that it is a ten foot driveway to the houses and it is owned by the individuals. The only piece of equipment that .can be put in is a tract- or and if the snow is pushed back he does not know where to put it. He said that this street has nothing more than the status of a driveway but he will have it plowed if the Board so instructs. Mr. Hoyt inquired as to the distance and Mr. Burns replied that it is about 200 feet. Mr. Driscoll asked how many houses are involved and Mr. Burns replied that there are three houses, but six families. He said that off -hand he could think of five or six similar situations. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to notify the petitioner that the Town cannot plow this passageway because of the fact that inasmuch as it is not a way dedicated to public use, it would be establishing a precedent. The Chairman read a letter from Norman C. Fletch- er, a representative of the Architects Collaborative, requesting adequate water supply fora proposed develop- ment on Concord Avenue, formerly owned by Lily Johan- son. 1 1 1 Mr. Burns said that Mr. Fletcher had talked to him and asked what should be done to obtain the water and Mr. Burns advised him to file his request in writing. He explained that this is included in his 1951 budget. Mr. Stevens, Town Counsel, arrived et the meet- - ing at 7:30 P.M. Letter was received from the Planning Board re- questing the Board to insert three articles in the warrant —renaming of streets, change in Zoning at corner of Waltham Street and Concord Avenue and a change in Zoning on Waltham Street between Vine Brook .Road and the Vine Brook easement. Upon motion of Mr. Gay, seconded by Mr. Nicker- son, it was voted to include the three articles as requested and the communication from the Planning Board was given to Mr. Stevens.**(See last page) The Chairman received a letter from Angelo Busa 137 Grant Street, requesting deferment of the street betterment assessment on Lot #107 and apportion- ment of the assessment on Lot 108 over a ten -gear period. Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to defer the betterment assess- ment in the amount of X800, levied against Lot 107 Grant 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, which- ever event occurs first. (Provisions of Chapter 159 of the Acts of 1950.) Letter was received from Mr. Stevens with ref- erence to Mr. Carroll's communication of January 2d relative to the number of voting booths to be pro- vided in the voting places. Mr. Stevens stated in his letter that the law requires that there shall be not less than one mark- ing shelf or compartment for every 75 voters at each polling place, except where voting machines are used. The number for each polling place, there- fore, depends on the number of registered voters in the area served by the polling place. Upon motion of Mr. Gay, seconded by Mr. Dris- coll, it was voted not to purchase any voting booths at this time. Mr. Stevens was informed by the Chairman, with approval of the Board, that articles should be in- serted in the Warrant for the Annual March Meeting 349 Articles Busa Assessment Legal opinion re polling booths 350 Woodland Road Hearing relative to the proposed sewer in Sunnyfield and also acceptance of proposed street between Edis- on Way and the Depot. At 8:30 P.M. hearing was declared open upon the intention of the Board to lay out Woodland Road from Adams Street to York Street, approx- imately 1,825 feet. There were twenty-six per- sons, including Mr. Garrity, Supt. of Parks and Playgrounds, present, at the hearing. Notice of the hearing was served by Constable on all the property owners listed in the Assessors' records as of January 1, 1951. The Chairman explained that the hearing was held upon the petition of approximately twenty res- idents of Woodland Road "from Adams Street to the point it joins into Colony Road, and to have a sew- er extending from Adams Street to the highest point along Woodland Road from which it will drain into the Adams Street construction." The petition further states "we wish to have no sidewalks and that there be a minimum disturbance to adjoining road allowance beyond the edge of the pavement and shoulder." The Chairman explained that plans had been pre- pared and were on the Selectmen's table for inspec- tion. He stated that there is to be a 24' pave- ment of hot top, constructed of 2;" bituminous con- crete on 10" of clay hardened gravel. The shoulders are to be loamed and seeded and the sewer installed from dams Street up to approximately #32 Wood- land Road. This is about as far as can be serviced from the Adams Street end. He stated that the estimated cost is being fig- ured as high as possible in order to be safe on the liens and is $15.00 a foot which would be $7.50 per foot on each side of the street. He explained that this is for the street construction only. The sewer assessment will be an additional $2.50 or $3.00 per foot. He stated that the assessments may be paid over a ten-year period. The Chairman said that the sewer would be in- stalled first and left settle for several weeks be- fore constructing the street. He explained that, based on the policy which the Board has followed for the past several years, the Town will assume one- half of the cost of the drainage and the cost of unassessable corner lots would not be loaded in figuring the cost to the remaining abutters. he stated that although the Town constructed_; the streets in the Liberty-ledgelawn area last year 1 351 for something over 8.75 there is no doubt but that prices next Spring r211 be higher than they were last year. Furthermore, this area had no seeding and loaming of the shoulders. ±ollowing that project, the Board decided that the job does not look com- pleted and therefore in the future all shoulders should be loamed and seeded. He said that there has been some question of putting in a pavement of less than 24' but the Board is definitely opposed, and has decided that it is not wise to construct a street less than 24'. Mr. Burns explained that,on an 18' pavement, two -cars parked opposite each other, allowing 15' for two cars, leaves only 3'. With no sidewalks, cars coming down have no place to go. When an 18' street is plowed, the snow is pushed on both sides of the street and there is not room for two cars to pass. He explained that even on a 24' street it is sometimes difficult for cars to pass. He stated that much difficulty is encountered plow- ing narrow pavements. One individual, who did not give his name, asked about the depth of the sewer at #32 and Mr. Burns replied that it will be low enough to take care of the house. Someone asked if the abutters pay for their own sewer connections and Mr. Burns replied in the affirmative. The Chairman explained that the petition for the street reads "to the point it joins Colony Road", but the plan as drawn is right through to York Street, but it does not make any particular difference to the Board. Mr. Ferguson said that the Hancock Church owns a parcel of land and if the road is cut back it ' will eliminate birch trees, rhododendron bushes and some of the lawn. At the time, the street is very good and is good down to Colony Road. The Chairman stated that it is not necessary and if the people did not want it, the Board would not redommend it. The Chairman explained that a list of estim- ated assessments will be sent out for signatures and the extent of signatures will determine wheth- er or not the acceptance of the street will be pre- sented at Town Meeting. The hearing was declared closed at 9:20 P.M. and the group retired. 352 Mr. Harry Shea and three other representatives of the Public Works Employees' Union met with the Board. The group had requested the meeting to discuss a wage increase. Mr. Shea s.id that the men have been under the impression since last June, or July that a raise has been pending, and it now comes to the question of how much of a raise. He said that both the School Uommi- ttee and the Lemetery Commissioners received a let- ter about this meeting and they were asked to send a a delegate. The Chairman explained that the Selectmen have no control whatsoever over either of these two Boards. Mr. Shea said that conditions have arrived at the point now where it is. costing more to eat and more to live than it did two years ago. He said that they do not feel that the wages have kept up with the ris- ing cost of living. He stated that the men feel that 25% would be just what would be required to bring them up to a fair standard of living. The Chairman said that the Board has had under discussion the question of a raise and there is no'se- cret about it, but it is just a question of how much the Board feels warranted in recommending. Mr. Shea asked what the Board is its ideas on as to how much is warranted, and the Chairman replied that the Board has not arrived at any definite conclu- sion. He said that a rise in the cost of living would be one question to be considered. Mr. She asked what the Board thought of his pro- posal and the Chairman replied that the Board has not discussed it, but will be glad to think it over and let him know. He said that the Board will, presum- ably, recommend some raise for all employees of the Town , not including the schools. Mr. Shea asked if the Chairman had a vague idea as to what the Board has in'mind and the Chairman re- plied that the Selectmen have an idea but would like to discuss it alone now that they have heard the or- ganization's ideas. Mr. Shea s,rid that it seemed to him that this would incline to drag the matter out. The Chairman said that the Board will arrive at a conslusion within the next ten days. Mr. Shea said that then the representatives would have to meet with the Board again and then have meet- ing of their own and possibly meet again with the Board. 1 1 353 The Chairman slid that it would depend on wheth- er or not the group is inclined to feel that the De- partment of Public Works should be treated different- ly from other Departments. He said that the Board is not negotiating or bargaining with any other Town De- partment. He st.id that the Board would come to e con- clusion as to what it thinks is a justifiable raise and recommend it. Mr. Shea asked if the Selectmen didn't think it would be fair to have the Union delegates meet with them. The Chairman replied that the Selectmen have lis- tened to the arguments this evening but if the repre- sentatives wished to meet with the Board again after they have been advised ss to what the Board thinks, the Board would be glad to see the. He said, however, that he did not think the Board would bargain with one Town Department. Mr. Shea said that his group is bargaining for the Town as a whole. Despite the fact that only four De- partments are organized, they are willing to talk for all of them. The Chairman said that the Selectmen rec- ognize and welcome a Committee from the Town employees to discuss matters, but as far as the Selectmen rec- ognizing and accepting this group as speaking for all the Town Employees, the Board has not done that. He stated that the Selectmen will he glad to discuss, with any committee of Town employees, any question or prob- lem that would corpe up between employer and employee. However, as for this Board of Selectmen recognizing the Union as a bargaining agent for all town employees, no such stand hcs been taken, Mr. Sheaasked if something sho,iidn't be done a- bout recognizing the Union, and the Chairman replied that, if the Board is properly advised, it has a choice in the matter. Mr. Stevens explained that the Union of municipal employees id very different from a Union in private em- loyment and that the Union of municipal employees has no bargaining rights. Mr. Shea said that seemed strange to him and re- gardless of Who they are working for they are still citizens and entitled to the same freedom as anyone else. Mr. Stevens explained that in private employment the representatives of a corporation or partnership or the. individual employer have absolute authority. In municipal government the authority rests with the entire town and that the Selectmen represent the Town in certain respects. 354 He stid thgt there is no such thing as any one group representing the Town. Mr. Shea said that if the Board sees fit to re- fuse recognition, then the Union is of no use to the employees of the Town. Mr. Stevens said that there are no greater rights in the group as a Union than there would be in the group as a Committee or Association. Mr. Shea asked if that were a legal point and Mr. Stevens replied in the affirmative. Mr. Shea said that he would have to check on this. He asked if, insofar as the Board is concerned, the Un- ion is not recognized yet in the Town. Mr. Stevens replied that it depends on what he. means. He said that apparently what Mr. Shea has in mind is a Union having exclusive bargainig. rights. He said that does not pertain to municipal government. He stated that insofar as there is a Union and the representatives speak for the Union, that is something entirely differ - en t . The Chairman stated that the Selectmen are glad to meet with any Committee regardless of what they call themselves, but as for recognizing the Union es the officiel bargaining agent, the Board has not done it. Mr. Shea asked what would be the earliest time they could meet on this subject and the Chairman re- plied that the Board will arrive at some conclusion as to what it thinks is a fair adjustment and will let them know. Mr. Shea asked i.si, when_the Board has arrived at what it considers a fair amount, the Union would be told what it is going to be and the Chairman replied that it could be. • The Chairman said that if the Board decides on a certain figure for a raise and.the Uhion members do not like it, the Board would be glad to review the subject, but whrther its opinion would be changed would depend upon the facts. One of the representatives, who did not give his name, asked if the raise were going to be a five cent or ten cent "affair" and the Chairman asked what they would prefer. The man replied that he would prefer a percentage rise. The Chairman asked why they preferred a percentage over cents per hour and he replied that it isnot the same thing - percentage, they would receive more. The Chairman asked if it was unanimous among the men that they preferred a percentage increase and Mr. Shea replied that it was voted at the last meeting that they would rather have a percentage increase. Prz 1 The Chairman asked if the vote in favor of a percentage increase was unanimous and Mr. Shea re- plied in the affirmative. He said that they all felt the same. The Chairman said that the Board would get in touch with the group and Mr. Shea asked him to in- clude in a letter the Board's idea on an adequate • raise. The group.and:Mr. Stevens retired at 9:50 P.M. Mr. Gay conducted the meeting, at the Chairman's request, for the remainder of the evening. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company referring to a proposed pole location on Massachusetts Avenue at Locust Avenue. The plan of the proposed location was approved by Mr. Burns. Upon motion of Mr. Emery, seconded by Mr. Dris- coll, it was voted to approve the following pole location and sign the o -der: Massachusetts Avenue at Locust Avenue, one pole -- one existing JO pole to be removed. Notice was received from the Department of Pub- lic Works advising that a meeting will be held upon petition of the Middlesex and Boston Street Railway Company for a certificate to operate buses from the corner of Massachusetts Avenue and Oak Street, via Oak Street, Baker Avenue, Taft Avenue to the corner of Massachuset,s Avenue End Taft Avenue, in both dir- ections. The hearing will be held in Room 166, State House on Wednesday, February 14th at 10:00 A.M. Letter was received from Mr. Thomas, Director of Civil Defense, enclosing a bill for $780 received from Fairbanks Morse Co., for a 3,000 watt generat- ing plant, the purchase of which was authorized by the Selectmen. Mr. Thomas called the Board's atten- tion to the fact that the price has been increased from $670 to 079- and that only $750 is available in the 1950 appropriation. He suggested that the balance of $30 be charged against the 1951 aplropri- ation for the Department of Civil Defense. The Board approved the suggestion as outlined. Letter was received from the Appropriation Com- mittee stating that the Committee hEs voted in favor of a salary increase of %10 for all town employees, effective April, 1951; but in no case is the amount to exceed $300 on en annual basis. 355 Pole Location Oak Street Bus Route Civil Defense GEnereting Plant App. Com. salary recommendation 356 Tax title License Use of hall V. F. W. use of hall Further consideration was given to Mr. William Fellmanls offer of $150 for Lot 225 Spring Street. Upon motion of Mr. Hoyt, seconded by Mr. Nick- erson, it was voted to entertain an offer of $300. Upon motion of Mr. Hoyt, seconded by Mr. Nick- erson, it was voted to sign the Sunday. Movies License submitted by the Lexington Theatre, Inc. Application was received from Mrs. Madeline V. PE.terson on behalf of the Campers Association, re- questing permission to hold a banquet and dance in Cary Hall on the evening of March 17, 1951, from 6:00 P.M. until midnight. Mr. Hoyt moved that the use of the hall be granted subject to a charge of $35.00. Mr. Nickerson seconded the motion, and it wE:s so voted. Application was received from V. F. W. requesting the use of Estsbrook Hall on the evening of February 7th from 8:30 until 10:00 P.M. The suggestion w&.s made that the Clerk write and ask the organization if they would be willing to use the Library rather than make it necessary to have the Cary Buidling heated end illuminated for such E small group. The Chairman told the Board that his son -in -law - is connected with the Veterans Organization and he. would have him check on this. The meeting adjourned at 11:10 P.M. A true record, Attest: �e , S ectm ** The Town Counsel discussed the proposed article for changing the street names and mentioned that it might be necessary to hold public hearings, or at least inform the residents on those particular streets. In view of this Mr. G`ay moved to rescind that portion of the vote concerning renaming of streets. Mr. Nick - seconded the motion and it was so voted. CC con 1 SELECTMEN'S METING February 3, 1951 A special meeting of the Board of Selectmen was held in the -Selectmen's Room, Town Office Building on Saturday morning, February 3, 1951 at 9:30 A.M. Chairman Emery, Messrs. Gay, Nickerson and Hoyt were present. Mr. McQuillan, a member of the Board of Health, and Mr. Jackson, nealth Sanitarian, met with the Board and discussed the 1951 budgets for that Department. They retired snd Mr. Burns, Sup't. of Public Works, met with the Board. The Board discussed at length the question of wages in the Public Works Department and any other hourly wages in the Departments under Mr. Burns' control. It was voted to recommend to the Town Meeting a 10% increase, as of April 1st, and Mr. Burns was authorized to add thereto adjustments, as of April 1st, the hourly rates of those members of his Depart- ments whom he felt out of line with prevailing wages for comparable work, all subject to the approval of the Board of. Selectmen, and that there would be no annual maximum on either the %10 or the combination of the A0 plus adjustments. The 1951 budget for Sewer Construction - Sundry Streets was discussed and it was voted to eliminate the item of $18,330 for Colony Road, from the pres- ent end to Woodland Road. It was further voted to eliminate the item of $14,300 for Marrett Road, School Street to the North Branch and Middle Street to the North Branch. The meeting adjourned at 12:00 noon. A true copy, Attest: 357 Public Wks. Dept. wages 358 Appro. Lom. re borrowing capacity, etc. Link Radio Contract Hough Loader SELECTMEN'S MEETING February. 5, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 5, 1951, at 7:00 P.M. . Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr.. Howard Patterson, Chairman of the Appropri- ation 6'ommittee, and Mr. Walker met with the Board. Mr. Walker presented complete figures with reference to Town borrowing, debt capacity, etc. During the discus- sion he said very definitely it would not be prudent to transfer more than $125,000 from the Excess and Deficiency Account. Messrs Patterson and Walker retired at 7:40 P.M. Mr. Stevens, Town Counsel, met with the Board. An original and one copy of an amendment to the contract between the Town of Lexington and the Link Radio Corp. (dated March 30, 1950) was presented by Mr. Stevens. Mr. Driscoll moved that the amendment to the con- tract, as approved by the Town Counsel, be signed. Mr. Hoyt seconded the motion and it MIS so voted. (Mr. Stevens took both copies.) Mr. Stevens retired at 7:50 P.M. and Mr. Burns met with the Board. Mr. Burns reported that about a week ago the crank shaft on the Hough loader gave way, broke the block, the oil pump and the timing shaft. It will cost about ",x'2,000 to repair the motor and it isnot possible to purchase a new motor. ne said thEt it will take about three months to put `n a new block and there is no guarantee for rebuilding the motor. Mr. Burns said that it seemed reasonable to him to find out whether or not it would be worth trading this unit for a new one. The present loader is four years old and is now more or less obsolete. He said that P new loader will cost 47565 and the allowance on the old one; as it now, will be $1,000 bringing the total price down to $6,565. The i'hairman asked about delivery and Mr. Burns replied that he can get one within a month providing the railroad strike issettled. ne explained that Clarke - Wilcox have orders for two and placed an order for three. At the moment no one has spoken for the third unit. They will let the Town have it on a rental basis until Town Meeting. 1 1 The Chairman asked if Clarke -Wilcox would take an "intent to purchase" order and Mr. Burns replied in the affirmative. Mr. Burns retired at 8:15 P.M• The own Manager Committee met with the Board and the Clerk retired. Letter was received from Anthony Ferrari, 66 Mor- ton Avenue, Medford, requesting the installation of a water main in Leonard Road. The Board agreed that no definite commitment could be made at this time. However, this Project 'is included in the 1951 budget. Letter was received from Gerard Morin, 219 Park Drive, Boston, requesting the extension of water and sewer mains to service lots 255, 256 and 257 Chase Avenue. It was agreed to advise Mr. Morin that his request will be considered along with many others; no commit- ment to be made at this time. Letter was received from Charles H. Franks, a vet- eran with 100% disability, requesting the Board to au- thorize the Public :Works Department to plow his drive- way leading from Sherman Street to the railroad fence. Due to his physical condition he is unable to shovel this drive and on occasions he has to be taken to the hospital in an ambulance. The Board gave the request thorough consideration and voted to deny the request due to the fact that it does not feel it would be wise to establish a prec- edent, even in this case, for plowing private drive- ways. Upon motions duly made and seconded, it wss voted to grrnt the following uses of halls: Lex. Field & Garden Club Estaorook Hall 2/12 free Lex. Taxpayers' Assn. Cary Hall 2/26 free First Parish Church Cary Hall 4/24-26-26-27 (35 charge for the 25th and 26th --the other two days for setting up and taking dow merchandise.) Mldsx. County Extension Cary Hall & Conf. Room 5/19 free Upon motion duly made and seconded, it was voted to approve the Sunday Movie License submitted by Lex- ington Theatre, Inc. 359 Leonard Road Water Water (C Sewer Chase Avenue Snow remw al Uses of halls License 360 Photostatic copy of Chapter 18, Acts of 1951, was received from Representative Ferguson. This is an Act, Firemen s Act to be placed on the ballot for the Annual Election, providing for a fifty-six hour week for the permanent members of the Fire Department in the Town of Lexington. Upon motion duly made and seconded, it was voted to sign an order for the layout of Woodland Road, from Adams Street, a distance of approximately 1,535 feet. Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Election, March 5, 1951. and the Town Meeting, March 19, 1951. The next regular meeting of the Board will be on Tuesday, February 15, 1951. A true record, Attest: e , elec ren 1 SELECTMEN'S MEETING February 12, 1951 A. regular meeting of the Board of Selectmen we•.s held in the Selectmen's Room, Town Office Building, on Monday evening, r°ebruary 12, 1951, at 8:30 P.M. Chairman Emery, Messrs. Gay, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, the Clerk and the Town Counsel were also present. Mr. Vassallo, 30 Liberty Avenue, niedford, met with the Board. The Chairman explained that he has purchased a lot on Grant Street, formerly owned by Thomas Cavanaugh, against which a betterment assessment in the amount of $400 has been levied. Mr. Vassallo said that Mr. Cavanaugh had received a bill for $800. However, Mr. Vassallo wants to pay his share on a ten-year basis. Mr. Burns suggested that Mr. Vassallo take his deed to the Board of Assessors, so that they will know the transaction has been completed, End ask to have the assessment apportioned. He said that he would be willing to discuss the subject with the Assessors if Mr. Vass€llo had any difficulty. Mr, Vassallo retired at 8:35 P.M. Mr. Burns presented a plan of the Sorrentino. property and explained that Mrs. Sorrentino lives on Theresa Avenue and received a bill for the sewer bet- terment assessment levied against her property on Fottler Avenue. He said that thereare two buildable lots on Fottler Avenue and the sewer goes up far enough to 'take care of these lots. He explained that Mrs. Sorrentino cannot build on one but can build on the two lots. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to inform Mrs. Sorrentino that it is the Board's opinion that her property on Fottler Avenue is benefited and the betterment justified. Mr. Burns presented a sketch of Phalen's property on Winthrop Road and reported that Mr. Phalen had con- tacted him in the Fall and inquired as to whether or Phalen re - not he could connect to the trunk sewer where it runs quest for along the side of his house. Mr. Burns told him at sewer that time that he did not want to make the connection if it could be avoided beceuse there had been no provision made in the sewer for a chimney. At that time he suggested 361 Vassallo Assessment Grant St. Sorrentino Sewer Assessment 362 Sign deed Edison Way Lot 225 Spring St. Tax Title Property that Mr. Phalen write to the Board, and informed him that it would be better to ask to have the 'sewer extended up Winthrop Road which would service other houses in the future. This would necessitate running the sewer about 150 feet to reach Phalen's house. The Chairman asked if any other houses would benefit from the extension and Mr. Burns replied that there are none now but eventually the extension will have to be made. he said that it will cost between $1,000 and $1,200 and no provision has been made in the 1951 budget. However, enough money may be left from the Fair Oaks project to take care of this. Mr. 1Jurns explained that he would not even think of starting this project himself until May or June, and that if Mr. Phalen had submitted his request last Fall possibly it could have been taken care of sooner. The Chairman was authorized to advise Mr. Phalen that the Board would defer action until after the Annual Town Meeting at which time appropriations will be approved and the amount of money for each department determined. The Board will then review this request along with others that have been received. Mr. Stevens presented a deed, prepared to correct an error in a former deed, conveying lots 24, 25 and 26 on Valley Road to William H. and Blanche R. McCull- ough. The deed was signed and returned to Mr. Stevens. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to sign notice of intention of the Board to la,, out a certain strip of land including Edison Way and extending from Edison Way to Depot Park. Notices to be served by Constable and the hearing is to be held on February 26th. Letter was received from William Fellman in reply to the Board's letter entertaining a price of $300 for Lot 225 Spring Street. Mr. Fellman stated that con- siderable expense will be involved perfecting the title and he thought' p200 would be his best offer. Mr. Burns felt that there is some possibility of a sewer line going through this property and agreed to look at it during the week. Memo was received from Mr. Lindstrom in reply to the Chairman's inquiry as to whether or not a building permit would be issued to erect a house on the so-called Stearns property on Waltham Street; the Board having received an offer of $1300. Mr. Lindstrom stated that in his opinion this is an isolated parcel of land with no frontage on a street, and therefore a building per- mit could not be issued. 1 1 The Chairman was authorized to advise Mr. Pinot the prospective purchaser, that as the Board understands the honing By-law, he could not obtain a building per- mit inasmuch as t}e land does not have the required frontage on a street or other legal right of way. The Chairman read ,a letter signed by Messrs. Cou- ette, Lyon and Merriam stating that, purusant to the Board's request of January 31st, they had inspected the property of Mrs. Louise Sexton at 1619 Massachu- setts Avenue. Considered as a single dwelling in an R-1 zone, it is their opinion that the fair sale value is $15,000. .Lf.zoned for business the property wo ld, in their op- inion, be more valuable and unless it is acquired by the Town request to have it transferred to a business gone may be voted by the Town Meeting in the near fu- ture. Therefore, they felt thet a fair sales value at the present time is $20,000 rather than the value that would pertain under ordinary circumstances for an R-1 zoned property. Mr. Stevens retired at 9:25 P.M. The Chairman explained that he had canvassed the Board relative to the Hough loader and the members seemed to believe that it would be better judgment to purchase a new unit rather than have the old one re- paired. Upon motion of Mr. Gay, seconded by Mr. Nicker- son, it was voted to authorize the Supt. of Public Works to place an order for a new Hough loader, with the definite understanding that the actual purchase of the unit would depend upon vote of Town Meeting. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for a joint pole location on Lowell Street, approximately 2,599 feet northwest of Haskell Street. The plan had been submitted to and approved by the Supt. of Public Works. Mr. Gay moved :that the petition be approved and the order signed. Mr. Nickerson seconded the motion ,and it wc.s so voted. Letter was received from Roy C. Papalia, Board of Selectmen in Watertown, stating that one Gardner M. Wennberg who had recently moved to 193 Burlington Street was having difficulty in getting a telephone installed. No action was taken. Mr. Burns retired at 9:35 P.M. 363 Sexton Property Hough loader Pole location Letter re telephone 364 Petition was received from the Boston. Edison Company and the New England Telephone & Telegraph( Pole location Company for removal and erection of one jointly owned pole on Massachusetts Avenue, approximately 400 feet west of Marrett Road. The plan had been submitted to and approved by the Supt. of Public Works. Mr. Gay moved that the petition be approved and the order signed. Mr. Nickerson seconded the motion and it was so voted. Paper drive Use of hall Rummage sale School REports Paper drive The Chairman reed a letter from Colin N. Ramsay, 47 Newport Street, Arlington, requesting permission, on behalf of the Battle Green Chapter, Order of Demo - lay, to conduct a paper drive on Saturday, March 3d. Mr. namsay stated in the letter that the houses at which collections would be made would be predetermined and not necessarily an overall collection. The members of the Board did not feel warranted in granting the request in view of the fact that the V. F. W will conduct one the following day. Application was received from Stanley Janusas, 12 Tucker Abenue, Lexington, requesting permission to hold a wedding reception in Cary Hall on the afternoon and evening of June 17th. Upon motion duly made and seconded, it was voted to deny the request. The Chairman read a letter from Mrs. Carl E. Bryant requesting permission, on behalf of the Lex- ington Catholic Women's Club, to conduct a rummage sale in the garage of the Barnes property on Saturday, May 12th from 10:00 A.M. until 4:00 P.M. Mr. Nickerson moved that the request be granted. Mr. Gay seconded the motion and it was so voted. Letter was received from the Somerville Printing Company, as a result of Mr. Grindle's request for 100 additional copies of the School Report, quoting 45X per page making a total of $1.60 per page for 200 copies. The Chairman agreed to write the School Committee and inquire as to whether or not the bid is acceptable and if the extra cost will be assumed by that Department. A special meeting; of the Board will be held. on Satur- day morning, February 17th, at 9:30 A.M. for the purpose of acting on 1951 budgets. The next regular meeting of the Board will be held on Monday evening, February 19th, at 7:00 P.M. o'clock. A true record, Attest: Clerk, Selectmen **The Clerk informed the B oard th(t a representative of the Lexington Veterans of Foreign Wars -had telephoned the office and requested permission to conduct a paper driven Sunday MaPch 4th. Mr. Gay moved that the request be granted, Mr. Nickerson seconded the motion and it was so voted. 1 1 SELECTMEN'S MEETING February 17, 1951 A special meeting of the Board of Selectmen was held in the Slectmen's Room, Town Office Building on Saturday morning, February 17, 1951 for the purpose of discussing budgets. Chairman Finery, Messrs. Geg, Nickerson and Hoyt were present. The Clerk was also present. The Chairman referred to a letter received last August from Mr. Chadwick, Sealer of Weights and Meas- ures, requesting permission to purchase a 50 gallon test tank to properly serve the fuel oil truck owners. Mr.,::Chadwick, stated in his letter, that he has been borrowing a tank owned by the Town of Watertown. A quotation, dated August 28, 1950, received from the A. F. Robinson Boner. Works gave a price of x'1195.00 for the unit recommended by Mr. Chadwick. It was agreed to notify Mr. Chadwick that the Board is not in favor of purchasing a test tank and would pre- fer to continue borrowing the one owned by Watertown. The Chairman reported that Mr. Harry Shea, repre- sentative of the Public ,orks Department Union, tele- phoned his house and he assumed that he wants to hear from the Board relative to decision with reference to salary increases. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted not to communicate with Mr. Shea in writ- ing or verbally in advance of a complete decision with reference to the anount of wage increases that the Board is going to recommend. The meeting adjourned at 12:00 noon. A true record, Attest=, 365 Reply to Union 366 Kinneen's Pond Dump SELECTMEN'S MEETING February 19, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 19, 1951, at 7:00 P.M. Chairman Emery, Messrs. Gay, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Yorks, and the Clerk were also present. Mr. urns presented a plan of Kinneen's Pond on which the area originally considered was outlined in red. He said that his first proposal involves loam- ing and seeding all the area which has been devel.flped . To loam, seed and grade the entire area, based on buy- ing the loam, and including a hedge, will cost 44,035. If the School Department furnishes the loam, the cost will be $51,775 less or 2,300. Mr. Burns explained, by use of the plan, that if approximately half the area is developed it will cost $2,295 to furnish the loam, grade, seed, put in a two- inch water service, to take care of the flooding, and the hedge. If the School Department furnishes the loam, it will cost 41,370. He said that he allowed 100 feet square for the softball field and to do the same thing on that, in cluding the service and hedge, it will cost 4624 for buying the loam and 4470 if the School Department fur- nishes urnishes it. The Chairman asked if Mr. Burns figured 4600 or 4700 to loam and seed an area for a softball area and Mr. Burns replied that it will be just for the softball diamond. the Chairman asked if the sum were doubled a large enough area could be done for a softball field. Mr. Burns replied that if the amount were doubled the.whole project could be donp/providing the loam is furnished by the School Deparmtnt.. The Chairman said that it looks like 42,000 if the loam is purchased, to do the job as it should be done for the dike. Mr. Burns reported thLt the value of rubbish is increasing and there has been much interest in the dump. He said that he had a few questions that the Board might like to be thinr_ing about and enumerated them as follows: 1 1 Should picking be restricted to residents? Should it be restricted so that there will not be any picking on Sundays? Should it be restricted to Lexington residents who have paid for a junk collector's license? Should it be restricted to Lexingtonresidents - residents who have a business elsewhere and live in Lexington, or who may live in Lexington and have some outside contractor pick up for them? Should the dump attendant be prohibited from picking the dump? The Chairman suggested that Mr. Burns submit the questions to Mr. Stevens and request that he check them from a legal point of view. Mr. burns brought up the subject of grading Middleby Road and said that the complaint is that the road was torn up by town trucks coming from the Fair Oaks sewer project. He stated that it may not have ben very much of a contributing factor, but at this time of year it is a large factor, and the people want the town to at least scrape the road and fill in the bad hales from Lincoln Street up to Outlook Drive. Mr. Burns said that he has made no prom- ises whatsoever with refErence to this request. Mr. Stevens, Town Counsel, arrived at the meeting and the situation was explained to him by the Chairman. Mr. Stevens explained that work on unaccepted streets is governed by Statute but that he would check further on this, due to the circumstances, and contact Mr. Burns. Mr. Burns and the Clerk left the meeting at 7:35 P.M. Mr. Stevens left the meeting at 8:10 P.M. and the fol- lowing members of the Appropriation Committee met with the Budgets Board to consider 1951 budgets; Chairman Patterson, Messrs,. Bateman, Cleveland, Hall, James and Tucker. Mr. Walker was also present. The group retired at 10:35 P.M. and a meeting to con- tinue work on budgets was scheduled for 'Tuesday, February 20th, at 8:00 P.M. 367 Middleby Road Letter was received from James V. Cosgrove, 30 Grove Street, registering a complaint relative to the flooding of his property. (Referred to Sup't. of Public Works.) Letter was receiver] from Henry J. Mascarello, 29 Lincoln Street, requesting that further effort be made to plow sidewalks. (Referred to Sup't. of Public Works.) Cosgrove Drainage Complaint Sidewalk Plowing 368 Letters were received from A. J. Kochis, Harris Neal and Robert H. Murch with reference to drainage Marrett Road problem at Lot 76 Marrett Road. (Referred to Sup't.' Drainage of Public Works.) Petition was received, signed by ten residents, requesting acceptance of that portion of Independence Avenue which is now classed as a private way. The Board agreed to Advise the petitioners that this project cannot be considered at the Annual Meeting Petition in March, but that an estimate of the•cost will be ;Independence figured and sent out. The property owners can then Avenue decide whether they want to continue with the project. Further consideration was given to Mr. William Fellman's offer of 0150 for Lot 225 Spring Street. Mr. Burns explained tht.t, in his opinion, the town should not sell this parcel of land because of the location of a proposed sewer. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted not to dispose of the property. Bulletin was received from the Massachusetts . Selectmen's Association with reference to Bill H-1558 which prevents the opening of Ballot Boxes in towns during voting hours and Bill H-1550 which provides for more adequate facilities for registration of voters. The Clerk was instructed to forward a copy of this to Mr. Stevens, Town Counsel. Letter was received,, signed by Frank Walker, as Town Accountant, recommending that the two clerks who have been transferred to the Building and Plumbing Department budgets remain in the Public Works Depart- ment budget for the reason of supervision and control. Letter was receives from the Lexington Visiting Nurse Association inviting the Board to appoint ane Reply to L.V.N.A.of its, members as representative to serve on the Board of Directors of the Association. It was agreed to re -appoint Mr. Driscoll to serve in this capacity. Letter was received from Mr. Carroll, Clerk of the Board of Registrars, advising that there is now a vacancy on the Board of Registrars, caused by the death of George H. Lowe, whose term would have expired in 1952. Mr. Carroll suggested that the new appointment be held over until'the annual appointments are made April first. Tax title property Bills re voting and registration Bldg. & Plg. clerical budgets Board of regis- tration 1 Application was received from the Middlesex County Frm Bureau, Inc., requesting permission to conduct a banquet and dance in Cry Hall on the ,evening of March 28th from 6:00 P.M. until midnight. Mr. Gay moved that the use of the hall be granted, subject to a::.charge of 35.00. ' r. Hoyt seconded the motion and it was so voted. Application was received from Richard F. Jack- son requesting the use of EstabrookHall on the afternoon and evening of May 4th for 4th for a 4-H exhibit. 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 for a peddler's license was received from James Clark, 89 North Street, Lexington. A satisfactory character reference was received from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve the application for a ped- dler's license. Upon motion of Mr. Gay, seconded by Mr. Nick- erson, it was voted to sign the Sunday Movies Lic- ense submitted by the Lexington Theatre, Inc. Upon motion of Mr. Hoyt, seconded by Mr. Nick- erson, it was voted to re -appoint Roy A. Cook For- est Warden, subject to the approval of the Director of Forestry. Upon motions duly made and seconded, it was voted to approve the following pole locations and sign the orders: Lowell Street, northeasterly side, approximate- ' ly 2,600 feet northwest of Haskell Street, 1 pole. Lowell Street, approximately 50 f eet'north of Summer Street, 1 pole. Lowell Street, approximately 200 feet north of Summer Street, 1 pole. (One existing pole to be removed.) Lowell Street, northeasterly side, approximately 2,820 feet northwest of Haskell Street, 1 pole. (One existing pole to be removed.) 369 Uses of halls Licenses Forest Warden 370 Lowell Street, northeasterly side, approximately 3,160 feet northwest of Haskell Street, 1 pole. (One existing pole to be removed.) The meeting adjourned at 10:55 Y.M. A true record, Attest: 1 371 SELECTMEN' S MELTING February 26, 1951 A regular meetini of the Board of Selectmen was held in the Selectmen s Room, Town Office Building, on Monday evening, February 26th, at 7:00 P.M. Chair- man Emery, Messrs. Gay, Driscoll, and Hoyt were present. Mr. Burns, Sup't. of Public Works, Mr. Stevens, Town Counsel, and the Clerk were also present. Hearing was declared open upon Selectmen's inten- tion to lay out as a town way acertain strip of land including Edison Way and extending from Edison Way to Depot Park, a total of approximately 840 feet. Notices of the hearing were delivered by Constable to all prop- erty owners deemed by the Board to be affected. Mr. William Ballard, Mr. Peter Oppenheim and the following members of the Planning Board were present: Chairman Cromwell, Messrs. Adams, Bateman, Couette and >Johnson. The Chairman invited all present to inspect a plan prepared by the Engineering'Depa.rtment and said that about two years ago this matter w;s taken under consid- eration and was referred to pthe Planning Board for ap- proval. The Planning Board seemed inte.L°ested but as the Chairman recalled it, did not take any formal fav- orable action at that time. The Selectmen continued Hearing to believe it had a lot of merit and asked Mr. Ballard Edison to work along and line up the details and secure the Way approval of the abutting land owners and then bring the matter to the Board of Selectmen. ne said that Mr. Ballard has worked faster than the Selectmen have been able to. This subject is in the warrant for the March Town Meeting. "e said that the Selectmen are in favor of it and would like to fetl that the Planning Board would also approve it and give the Selectmen a report for the Town Meeting. He s, id that h+ould ask Mr. Bal- lard; who hasdone all the work on the matter, to review the basis of it and the important.points. Mr. Ballard presented a blue print, similar to the plan presented by Mr. Burns and the discussion was ap- proximately as follows: Ballard: The parking Lot Committee of five or six years ago included in its report a recommendation of a twenty foot way in this sane area thinking the additional cir- culation would improve the parking facilities. Many 372 people now ride up and down the main streetlooking for a parking space. When I came to talk with the Municipal Real Estate Trust 4found that they were not only interested, but interested to the point of being ready to contribute a forty foot right..pf way. Plans have been drawnand redrawn several tines. Storting at the Depot Square end of the plan you will see some 40,000 feet which the Boston & Maine is ready to give title to for the sum of 4200., their engineer- ing expense and their officeexpense.' It seems the I.C.C. rules require them to recover their expenses of that kind. They can't make,: free gifts of land. That is how we come to work out thatplan. Working from the Boston & Maine end, and with their thought of enlarging and improving their parking area, it seemed best. Mr. O'Connell has been refdy at all times to join. He signed the petition first and said it would be fair to ask the Selectmen to move the fence back onto the line. There is noother expense involved. That means some 320,000 feet. The Chairman says the cost is about 12,000 to construct the highway. The net result would be getting a new highway at an -overall cost of 4 a square foot. The forty feet is adequate for a two-way road and how that orad is finally laid out and when depends on the Selectmen. A three-foot walk way on either side is enough which leaves• thirty-four feet for traffic. Coming up again to the Depot Park, the Boston & Maine want the right of free access over the curb so they can use the parking area. They also require that the Town place a fence on' their right of way. Chairman: How many feet is that? Ballard: I have not the measure but I assume it is included in your cost. Burns: Between 400 and 500 feet. I think the cost is figured high enough to take care of it., Chairman: You do not wish to revise the 412,500? Burns: Not unless there are other changes. Ballard: The -roadway at Depot Park runs only to with- in fifteen feet of the curb at the station. They retain this as a matter of controlling parking. Without any agreements, but as a matter of practice, thatlfifteen foot strip is kept clear of snow. The Boston & Maine want the same arrangement and have it kept clear from snow. CC I 1 1 373 Cromwell: All of the owners have signed the petition except the Boston & Maine. The executive office of the Boston & Maine has approved, and at a meting of the Directors tomorrow the agreement will be approved. I would like to ask what plans, if any, the property owners on Massachusetts Avenue might have re extending their stores further back? Ballard The principal owner of frontage, Minot, Wil- liams & Bangs, have, no present plans and have no plan of mking any use of the rear portion of their lot. I have not taken that up with O'Connell, but it would seem from his asking to have the fence relocated that he had no plan for anything but to continue Es at pres- ent. Cromwell: Wouldn't it be netural to extend the business but to a road built along there? Ballard: It gives them an additional opportunity they don't now possess to build deeper stores through to the rear but there have been no plena made as far as I know. Cromwell: Assuming there are no real plans, wouldn't it be reasonable to assume, as time goes on, one or more will want to build out to the road and it will create more demand for parking and at the same time cut down available space? Ballard: I think when there is demand for 250 foot stores, the owners will be interested to build them but the people using 200 or 250 foot stores are limited'to super markets and the Woolworth Company. No other tenant wants more than a 60 or 65 foot store. I have no thought in mind this would bring any relief to parking diffi- culties. The thought in my mind was to pro- vide circulation. I think there is some chance for additional parking, but I have tried to address myself to the one subject of getting a plan worked out agreeable to the owners so far as a street is concerned. So far as park- ing use of the lot there is there now, the Municipal Real Estate Trust said that if and when the street went through and if the tenants wanted to organize themselves and use it for parking purposes, they have no objection as long as they have the right of recovery at any 374 time for use to deepen the stores. I can only guess that it will be filled and levelled in bringing relief for the parking. Cromwell: Eventually as the town grows, it seems that the trend would be towards combining some of the store frontages and making it possibl to have deeper stores, and over the longer term there would be a tendency to take ad- vantage of the new frontage. If new frontage is provided, I think the tendency is to build on it. If that comes it would create the demand for more parking and at the same time cut down the available area. That is what we have in our minds. on any plan Which involves simply a street. Couette; With additional street frontage opened up, say they did not go back with the present stores on Massachusetts Avenue, they then could elect to put a type of store in with just a frontage on this particular way there by eliminating any possibility of parking within the interior, so you could, under thi scheme, set up a new shopping street. Ballard: I have not heard any such thing mentioned. It is possible that such a thing might hap- pen but with the increasing; cost of building I eat►t see how the owners would find any profit of building anything on the frontage of the rear street. It would not bring in enough return. s Couette: I wondered also if it would seem logical in assume that a conference with Minot, Williama & Bangs, who control the area there, might be able to determine at approximately what point within the next five or the years they might be expanding and secure from them an agreement to allow the open area to remain for parking. Ballard: I should think it would be very difficult to expect to secure any such agreement from them. There is no reason Why they should place restrictions on their property. If we do not go along with this there is just more congestion on the front street. The only thing of interest to them would be the 1 1 1 Couette; Ballard; Couette: Ballard; Adams: deepening of the front stores. In most Metropolitan Boston communities there are two or three storeswhich like deep Stores Woolworth and super markets. The Wool- worth lease in Lexington has been renewed for a period of years. I doubt ifthere would be any incentive for the owners to deep- en their stores for the or fifteen years. It is possible that they would like to. Un- der a percentage lease the owner benefits in some proportion depending upon the volume done on the olock. I know the Planning Board the merchants and the townspeople are con- cerned with the fact that we need parking area and need it badly. Circulation by means of that street is a healthy thing, but I think that some of us have been thinking it would lend to desirable parking area in the rear, and if that is not true, that is some- thing we should know. I suggest that we direct ourselves to the opportunity we have and not try to consider two things at once; the street circulation and parking. Minot, Williams & Bangs have told me orally if the street is constructed, and if their tenants wish to improve and op- erate the area for parking purpuses, that will be welcome. Nothing was said about it being $1.00 a year or any other figure. Tiey feel it should be subject to termination by them when there was demand for higher and better use. Would Minot, Williams & Bangs allow the use of the land without any expense to them? I have no reason to assume that at all. The construction of the street the:e immediately makes the property worht more money and it can be assessed at higher figures and the net re- sult is more taxes for the town. you said O'Connell spoke about putting his fence back. I think the worst traffic hazard is the exit. Do you think he would have an opening in the fence in the rear? 375 376 Ballard: I think there is every reason for him to do that and make a financial gain. The Town has a building line there and he may not build on it except on the penalty of not receiving anything when the street is widened. There have been talks from time to time about completing the widening of Massachusetts Avenue and the Selectmen have conseted to my discussing plans along that line with the Scott ownership. We may have an opportunity to do the same thing with O'Connell. When that is done I think you would see the whole front used for store pur- poses. He can do that only when he has the rear access. Adams: I mean at the present time enter from 'assac Avenue. ausetts Ballard: There was a request to relocate the fence because the street construction might come at the time when he was not ready to rnove. Bateman: Didn't O'Connell make an agreement to let the Town have the buillding line for less money if he has the rear exit? Ballard: No. I think we will have to go along with just what we have. I don't think we can ask the owners to do more or differently than what has been worked out. Cromwell: Ballard: Cromwell: Ballard: You say there two subjects - one circulation and one parking and that you were not part- icularly concerned with the parking. What are the questions which you consider in thinking of it as a circulation problem? I think it is immediate relief from the traffic we have on Massachusetts Avenue. There is ad- itional parking space if the Selectmen choose to use this street for parking. Was any consideration given to constinuing out to Meriam Street? There was to the extent that the Selectmen asked me to sell the fire house site so I am familiar with the Scott attitude on that. I am familiar with the people who own the rear piece. It seemed better to go ahead and finish this job first. 1 1 377 Couette: Would this be a one-way street? Ballard: No. I have nothing to say about the traf- fic. There is adequate width for two-way street. The Boston & Maine require that it be a two- way street there. Oppenheim:With the disappearing of Route 128 the traf- fic would be much less; would a street without parking be of much use? The main traffic comes from Route 128. Ballard: Oppenheim Ballard: Bateman: Ballard: Cromwell: I think the population of Lexington will con- tinue to grow. :The main accent will then be on roads. Park- ing is our headache and not the traffic. The main headache is to find a parking space. Review the report of the Parking Committee 'of five or six years ago. I think there, is merit there. Were yu referring to Muzzey and Waltham Streets? . Yes. I think the Planning Board takes the view that very few other towns have enough parking space, no matter how much isprovided and that even using the area inside the block of Minot Williams & Bangs streets and possible other are'.s, we c«ntt come up with any answer that there would be too rnuch parking or even enough. If all this went to parking, there is no in- dication that there would be too much by any means. It is our view thatine of the needs is the matter of having enough parking area. This is an area and it just seems that be- fore it is put in a position where a new street is opened up, and maybe not for some years, but eventually it would lead to deepening the present stores or having smaller oneson the new road, it would tend to make the problem more difficult as we see it. We do not think we know the last word on this, but that is the way our thinking h:s been moving. Gay: What is the deepest lot after you take the 40 foot street you have to build? 378 Sidewalk Plowing Burns: Gay: Bateman: Gay: Bateman: Gay: Cromwell: Chairman: Cromwell: Almost 100 feet. If the business men allowed it to be used for a parking area, how many cars could you park? We have had seventy five in there now. Would the business men have any objection. to the general pbulic using it for parking' If the business men pay for it, they are en- titled to some -consideration. Aren't you accomplishing your purpose if the deepest lot is only 100 feet? You won't be ,able to build too many stores. I should think you would be opening a Narking area as well as having circulation of traffic. You are opening up a larger parking area, but you are also opening up a larger building area. Any more questions on the details of this prop- osition? I have given some ideas, but that does not mean that we have taken.a stand but merely to show you what we have been thinking. Now that we know what the plan is we would like an opportunity to think about it. Ballard: We 111 realize there are three types of parking - all day parking for merchants and employees, halfhour parking and the five minute parking. It seems to me you could relieve the situation if you think in terms of the all, day parker. The Boston & Maine will welcome suggestions for the area_they have between Hancock Street and Meriam Street. The merchants and employees could park there all day long. The group, with the exception of Mr. Stevens and Mr. Burns, retired at 7:45 P. M. Mr. Mascarello's complaint relative to sidewalk plowing was held over from last week. Mr. Burns said that this subject came up two or three years ago and trouble was encountered withtthe Seths. He said that there is a place down near this end where the sidewalk would have to be widened or built. CC 1 1 It was agreed to advise Mr. Masaarello that the entire program of plowing sidewalks is to be re- viewed some time between now and next Fall. Mr. Kochis+ complaint about drainage was also held over from last meeting. Mr. Burns reported that there is only one way to eliminate this complaint. He said that personally he doesimot think the town has any legal responsibilityand to dispose of the prob- lem will cost between $500 and $600. He said that if a pipe is put in the field he would not want to assume the maintneance of it after beery rain storm. If an open outlet is provided, there will be the problem of placing bare across it; however, he prefers not to assume the responsibility of this particular problem because of the fact. that it is on a State highway. The Chairman asked if Mr. Burns had any recommen- dations and he replied that he does not think the town has any responsibility. As far as cleaning it out, he would not recommend doing anything with the sun parlor•in'.its present con- dition. There is only one thing to do to satisfy these people aid that is to put in a drain. Mr. Stevens said that he judged that the town does not have toomuch responsibility in the matter. He said that it appears to him not to be a case where the town collects water in a pipe and throws it off on the land. The Chairman suggested, and the Board agreed, to advise the complainant that the town hasno responsib- ility in the matter. Letter WS received from F. Chas. Starr, 8 Ply- mouth Road, with further reference to the intersection of Tower Road and Massachusetts Avenue. Mr. Burns reported that he hes had a plan drawn, located the poles, trees, etc. and forwarded it to the State. He is also having a traffic count made both mornings and afternoons. Petition was received,signed by five residents of Bedford Street, requesting that their property be included in the proposed sewer extension. It was the' opinion of the Board that no decision could be made until after the Town Meeting. Mr. Stevens said that he would like the Boardts approval to settle with Kendall Johnson on the Kour- ian claim for damages on the widening of Grove Street. Mr..Kourian is contesting a water betterment asse Oment and owns land on both sides of the street. 379 Drainage Complaint Starr Complaint Sewer Extensions 380 Kourian Claim H - Bill 1558 Bill H-1550 Shea Claim Blossom St. Drainage Pole Location He will now settle if the Board defers without interest, under the Statute, the water betterment assessment on the land not built upon. Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to authorize Town Counsel to set- tle the Kourian claim in whatever manner he believes will be to the best interest of the town. Mr. Stevens referred to Bill H-1558, a Bill to prevent opening of ballot boxes in towns during voting hours, and recommended that the Board be recorded in opposition. It was agreed to authorize Mr. Stevens to contact Mr. Ferguson and instruct him to record the Board of Selectmen of Lexington as being opposed to this part- icular Bill, the hearing on which is scheduled for March 7th. Mr. Stevens also referred to Bill H-1550, a bill to provide for more adequate facilities for registra- tion of voters. He had no opinion on the subject. No action was taken. Letter was received from A. R. Shea, 6 Westmin- ster Avenue, together with estimate in the amount of $49 for repairs to his car. Mr. Shea stated in the letter that while he was attending a meeting in the Hancock School, snow and ice fell from the roof of the school and damaged his car. The Clerk was instructed to forward a copy of the letter to Town Counsel and ask if, under the circumstances the Town is liable. Letter was received from W. S. Couette referring to drainage on Blossom Street and Allen Street. Mr. Stevens agreed to look at the area again and give the Board an opinion next meeting. Messrs. Burns and Stevens retired at 8:20 p.m. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegraph Company for approval of joint ownership of the following poles now located on the CambridEge-Concord Highway. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the following jointly owned pole locations: Cambridge -Concord Highway, southeasterly from a point approximately 65 feet southeast of Mr.. Tabor Road,, ten. ILO) poles. 1 1 Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of the following pole location: Airport Road, at the Lexington -Lincoln Town Line - One pole, guy wire and anchor. The Chairman read a letter from Lawrence E. Stone, on behalf of the Lexington Drum Corps requesting per- mission to conduct Tag Days -on ;March'uQth and 339t rrOm 8:00 a.m. :untilThe'purpose -of ,the drive• is to raise fundsto pay for uniforms _and.equipment. 'Uponcmotionof Mr. Driscoll, seconded by p+Ir. Hoyt, it was voted to grant the request. Request was received from William Maloney, on behalf of the Lexington Boys' Club, for permission to conduct a paper drive on Sunday, April 7th. The Clerk was instructed to contact the DeMolay, who had requested a permit for March 3rd but had been denied because of the fa t that the V. F. W. is con- ducting one on March 4th, and ask if they plan on hold- ing a drive. If not,permission is to be given to the Boys' Club. Letter was received from Mrs. Ann Culberston, on behalf of the American Legion Auxiliary, requesting permission to erect a booth at the corner of Meriam Street and Mass.rchusetts Pvenue on April 19th. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the request and grant a per- mit. Application was received from the Lexington Grange requesting permission to hold a Fair in Cary Hall on Saturday, September. 15th. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the request subject to a charge of 105. Application was received from the V. F. W. request- ing permission to hold a meeting inEstabrook Hall on Tuesday evening, March 6th.. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the request free of charge. Letter was received from ars. Morey, Chairman of the Lexington School Committee, enclosing petition from parents in the Garfield Street area requesting bus transportation. The Clerk was instructed to Give a copy of the letter to Mr. Burns and request him to discuss the sub- ject with Town Counsel. 381 Tag Day Paper Drive Booth April 19th Use of hall School bus 382 The U'hairman mentioned Mrs. Sextons letter with reference to her property at the corner of Fletcher Avenue and Masss,chusetts Avenue. Sexton Mr. Hoyt said that he though she should be in - Property vited to meet with the Board and told just exactly what the situation is and that if the figure quoted in her letter is herr price, the Board does not feel justified in recommending more than 420,000 to the Town Meeting. The Board agreed and the Clerk was instructed to make an appointment for Mrs. Sexton to meet with the Board next Monday evening. The Chairman mentioned Pubs. Sorrentino's meeting with the Board two weeks ago relative to the sewer ,Sorrentino betterment assessment levied against her property Betterment on Fottler Avenue. The Board was of the opinion that it would not be justified in making any change. The meeting adjourned at 9:05 P.M. A true record, Attest: 1 k, elect en 1 385 SELECTMEN'S MEETING March 5, 1951 A regular meetin* of the Board of Selectmen was held in the Selectmen s Room, Toon Office Buj&1ng, on Monday.evening, March 5, 1951; at 7:00 P.M. Chair- man 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 he had received bids for gasoline, the low'bidder being Esso by a little more than half a cent a gallon and this amounts to between Gasoline $200 and $300. Be said that last year the lowbidder Bids was Shell and explained that the Town has been purchasing premium gasoline but he does not know Why. • Mr. Hoyt explained that the premium is the ethyl content which gives the explosion in the cylinders. Mr. Driscoll felt that, in view of the short hauls, regular gasoline could be used by the Town. • 'Mr. Burns felt that there would be a saving of about $1,000 by using regular gasoline and explained that the only variation in the quoted prices.is the dis- count allowed which remains constant, but the gas will have to be charged at the market price. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to accept the bid submitted by Esso. Further consideration was given to Mr. Larson's request to have a'tree removed which he claims to be in the center of the driveway to a house which he is Tree constructing on Oak Street. Removal Mr. Burns reported that he and Mr. Garrity had in- spected the tree and explained that there are two trees that will be in the street when it is constructed but only one is causing Mr. Larson difficulty at the pres- ent time. Mr. Garrity is of the opinion that the tree should be removed. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to instruct Mr. Garrity to post the tree for removal. A discussion was held relative to the 1951 Highway Maintenance budget which was submitted in the amount of Highway $76,100 and approved for $65,000 by the Appropriation Maint. Committee and $74,600 by the Se@tmen.- The budget was Budget revised and approved by the Board in the amount of $69,000. Mr. Burns discussed the proposed Sunnyfield sewer project and said that he would like to show the Board how the situation has been worked out. 386 Sunnyfield He presented a blueprint and explained. the system as Sewer originally laid out; then explained the proposed instal- lation. e said that he had submitted his plans to Met- claf & Eddy who approved it, made the estimates and went over the ground. Metcalf & Eddy's estimate is $178,000. They found the .difference between constructing an ejector station and building a cast iron force main to be about $3,000. With the continued maintenance of a pumping station it does not seem logical. Be explained. that the entire project has been redesigned on the basis of straight gravity. Metcalf and Eddy suggested that there would be a saving to the Town if the Town did the engineering and contract drawingi. They would furnish consultant super- vision and if the Town so -requests, they -will. put a man in the field. This will save between $4,000 and $5,000. He said that the main will take all of Grove Street up to Winter Street and Burlington Streetto the Burlington line and a portion of North Street. Mr. Stevens arrived at the meeting at 7:35 P.N. The Chairman polled the Board and it was the opinion of all members that the people in the Sunnyfield area need relief insofar as -overflowing cesspools: is concerned. Mr. Driscoll suggested., and the Board agreed, to obtain a recommendation from the Board of Health. . Nolan Complaint Mr.`Edward B. Nolan, 21 Fern Street, met with the Board. He said that he has lived here since 1923 and the dwelling is now beginning to show signs of a wet cel- lar. He explained that when the sewer was installed in Fern Street it wasnecesaary to dynamite' and as a result the cellar wall on the westerly side of his house has be- come separated and water leaks into the cellar after every rain storm, and at times it is four inches deep. The chairman asked if he would have any objection to the Board sending a man down to inspect the cellar and he replied in the negative. The chairman said that the Board does not admit, at this point , that the sewer con- tractor did any damage. It was agreed that Mr. Burns would contact Mr. Nolan by phone and make an appointment to in- spect the cellar. Mr.. Nolan retired at 8:04 P.M. Mr. Maurice Feely, applicant for a Common Victualler license at 405 Waltham Street, met with the Board. The Chairman explained that the Boa.r�d would like to ask one or two questions about Mr. Feely s proposed res- taurant or delicatessen; what experience -he has had and what his plans, are. _ Mr. Feely said that he operated a place/in Worcester for seven years and also had been in business in Webster, Springfield, Needham, Randolph and Westboro. However, he has not been in businees'since July 22d. 1 1 1 387 He stated that be will sell ice cream and will try to sell dinners. he said that he will hate a soda fountain, lunch counter and booths. He will have a partition about ten or twelve feet from the back Nall for a kitchen. He explained that he would open as'soon as he has a license and will operate the. business himself. Mr. Stevens asked if he has ever had a Common Vic- tualler license suspended and he replied that he has nev- er been refused a license and never had one suspended. The Chairman said that the Boardwouldadvise him of its decision within a week or terfdays.. Mr. Feely retired at 8:07 P.M. Mrs. Louise Sexton met with the Board relative to the possibility of the ToWn purchasing her property at 1519 Massachusetts Avenue. • The Chairman ackknowledged her letter mentioning $25,000 and sakd, to be very brief, the Committee that went over to look at the property has put a price of 'Sexton $20,000 on it. He explained that the Board does not feel that it can recommend a higher figure. Mrs. Sexton said that she is not particularly anxious to sell to the Town and that she did not -come to the Town but the town, through the.Planning Board, came to her. She said that her price is 4P25,000. The Chairman asked if that was her final word on the subject and she replied in -the affirmat ge. She said that she can get more than $20,p00 for the property and there is no assurance that the 4Own will purchase it, The Chairman said that ha thought if the Selectmen and the Appropriation Committee both recommend it, it would be voted, but that is Only an:opinion. Mrs. Sexton said that if the Town is going to buy the property it should pay $25,000 because her rights have .been eopard,sed. Airs. _Sexton r etired at 8:30 P.M. - Chairman Foley, and Messrs. Pearson and Crerie of the Recreation Committee met with the hoard to discuss the status of Kinneents Pond and what work the Committee Kinneents wants done. Pond The Chairman of the Board said that the Selectmen would like to know what the Committee has in mind that they think should be done to completezthe area in the manner the daa¢nittee considers proper in view not only to the local residents,_but in view of the overall rec reation program of the town. Dr. Foley said that the proect was stalled last year through poor judgment. however, they went ahead, spent the money and had the area graded. ib said that he thought the imprtant item .now is loaming aid seeding. 388 Mr. Burns reminded the group that there is a two inch water service to be installed. Doctor Foley said thatthey havetn mind putting a. hedge along Burlington Street erecting a small back- stop and building a sand box. ne said that they do have a jungle gym that can be erected. The Chairman said that with reference to completing the entire area he understood they wanted a skating rink and asked to what use it would be put in the summer. Doctor Foley replied that the skating rink can be made as large an area as they,want. He said that his, Committee recommends that it be completed, the dike to be taken down. The Chairman asked how the skating area would be cons cted and Doctor Foley replied that next year another cake would be put across and loam added to it each`year where it is needed. Mr. Burns stated that, as he recalls, it was to take the dike that is there now down and spread it around. Doctor r'oley said that one end would have to be damned to keep the water in. The Chairman asked if the Committee wants the entire area seeded, loamed, a hedge all along the way to the street ,and some type of a backstop. Doctor Foley.replied in the affirmative and said that they want the backstop on the end towards the Center. Mr. Gay inquired about the other end and Doctor Foley replied that it would be made into a Childrentdi area. Mr. Pearson said that two things must be done; one is loaming and the other seeding. The 0hairman asked how much of the work the Committee feels is essential for this year and Doctor Foley replied that;rthey would like to see it all done. Be said that if the loaming and seeding is done, the hedge, bubbler and backstop are so minute that they may -as well be included. Mr. Crerie.said that he thought the hedge should be planted as a safety measure to keep the children from running into the street. Mr. Garrity arrived at -the meeting at 8:50 -P.M. Mr. Burns estimated 104,000 for loaming, $100 for seeding, $100 for the hedge, 4115 for the water serviee and $700 for the bubbler, totalling $5,000 With the pos- *ability of saving $ if -the loam is obtained from the Fiske School. The group with the exception of Mr. Burns and Mr. Stevens retired at 9:05 P.M. The following members of the Planning Board met with the Selectmen to discuss the proposed road from Edison Way to Depbt Squares Chairman Cromwell, Messrs. Adams, Couette, Johnson, Ripley and Potter. 1 1 389 Mr. Cromwell said that the Planning Board will go along with the pro4ect part way. Be said that last week Mr. Ballard stated that the primary object was traffic circulation and parking was secondary, but from the ?lanning Board's approach to the problem, the parking seems to be most important. He said that the street without parking, or without plans for park- ing, does not -fit into what seems best according to the Planning Board's ideas. He said that if the street is constructed, the property will, in one way or an- other, -be put to some Use which will at the same time cut down the parking area and give rise to demand for more parking space. Be said that it'would cut down the possible area that can be used for parking. Mr. Couette stated that Mr. Cromwell has in mind stores being built on the new way. Mr. Cromwell explained that the Planning Board feels that Af someone is give more frontage in the cen- ter of the own the most logical thing to do is to build upon it. Even if they don't build new, sooner or leer they wouldbuild either by extending back from naUachu- setrts Avenue or by building on the street line. He said that the Planning Board will go along with building. the street back to the railroad track which would en- courage the development of the area for parking without giving frontages that would bebuilt upon as Stores. He said that if this were made a public street, with entrances directly into the area, it seems to the Planning Board that it would encourage parking, and at the same time prevent the building of additional store property. The Chairman asked why the Planning Board wanted to prevent possible development and Mr. Cromwell replied that the further development would result in the need for more parking area, but would also result in less area for parking. The Chairman suggested that if the street is put through the land would be more. valuable and bring in more money. Mr. Cromwell said that it would be worth more money only because it would be.used to build upon. The Chairman "stated that he has talked to two dif- ferent individuis and been advised that the value would be raised by 10% or 15% at least.by the existence of a street here. W. Cromwell said that it seems to him that a prope erty in the center of the town is worth more or less de- pending upon its possible use for business.. Be said the fact that it is located somewhere makes it potentially more valuable but only because it can be built upon. The "hairman said that he has been told that itis more valuable just because it is more accessible. 390 Mr. Cromwell said that he thought if the value is increased 15% that is what someone would be Milling to pay because they would think it could at some time be devoted to an incoming use. Mr. Couette said that there is a maximum to which one can go as long as this land is built upon. If it is made into a street thereis no question but what the and would be built upon at some time. He said that if this is to be developed for parking, and that is what the -townspeople and merchants seem to be asking for, and pro- vide a circulation street, the Town will not gain what it is after in parking area and that is the serious need in the center today. .Mr. Ripley said that it seems to him that_if-the Town spends the money for the road and then.the land be- comes more valuable and desirable and ther are stores in there, the parking area is gone and the own has lost ev- erything it started out for, plus the cost of the. road. Mr. Johnson said that the Town needs more parking space rather than more store frontage and parking is the real problem. The Chairman asked if, granting this is not ideal as a parking solution, the planning Board does not feel inclined to go along. W. Cromwell replied that the Planning Board'does not want to go along. The Board does not think it is too good a circulation, but he said that he would admit that the Board does not know how to bring about the park- ing desired. He suggested the -possibility of making a municipal parking area, but said that he did not know if the Town would approve unless it could be financed from parking meter revenue. The Chairman said that as it stands now, the Board of Selectmen will have to recommend it or not recommend it and asked if the petition could be cut off at Edison Way. Mr. Stevens replied that if the Edison wants to do it, it would be ar.new deal and would have no relation to what the petition covers. The group, with the exception of Mr. Burn. and Mr. Stevens, retired at 9;30 p.m. Mr. Milne and nine other residents of Manning Street met with the 4ioard. Mr. Milne said that the street is in very bad condi- tion and the Chairman informed the group that the Select- men had viewed it Saturday morning. Mr. Milne said that the people would like to know what can be done, if anything. He said that the Chairman had informed him if the Town did any work on the street it would become legally -responsible for a period of six years. 1 1 1 Mr. Stevens said that was correct and that aiy repairs made by the Town to an unaccepted street pre- vents the Town for eiceriod of tax years from claim- ing that it is not a Town way. Mr. Milne brought up the fact that the Town plows the street and mr. Stevens explained that the Town has the.right to do so by special statute. Mr. Burns explained that the Town would like to do something for the people on the street but there are thikty or forty miles of unaccepted streets in the same category. It was explained to the group that they could en- gage a private contractor to makerepairs or construct the street or they could petition to the Town to have it accepted under the Betterment Act. The Chairman asked Mr. Burns when he expected to install the sewer main and he replied about the last of April. The group, With the exception of Mr. Burns, re- tired at 10:25 p.m. At ;the request of the Chairman, Mr. Gay conducted the meetingfor the remainder of the evening. Mr. Burns presented each member of the Board with typed notations with reference to the dump on.Lincoln Street, Upon motion of Mr. Rmery, seconded by Mr. Hoyt, it was voted to authorize Mr. Burns to instruct the attendant at the Lincoln Street dump that, insomuch as he is a Town Employee, he is to discontinue the prac- tice of picking the dump. Petition, signed by fourteen residents of Wilson Road, was received requesting the Board to prepare an estimate of the cost of constructing the road+ Mr. Burns explained that the signatures represented everyone on the road. In compliance with the request, the Suptt.•was instructed to have an estimate prepared and mailed for circulation among tthe property owners for sig- natures. It was unanimously agreed that the petitioners should be advised that this project has not been in- cluded in the 1951 budget and therefore no commitment can be made at this time. At 10:33 p.m. Mr. Leonard F. Collins and one other individual met with the Board for the openings of bids for the collection of garbage in the Town of Lexington, the present contract expiring on April 19th. 391 Dump Wilson Road 392 Garbage Bids Bedford Street Sewer Blossom St. Drainage Shea Claim Tax Title Two sealed bids were received, opened by the Chair- man and read as follows: Leonard F. Collind, 141 Spring Street, Lexington -Certified check -#100 " First year $3.34800 Second year 14,500 Third year 15,200 Be included in his bid statements that he is a vet- eran of World War II, has been aresident of Lexington for 18 years, and has the required equipment and mon tofftake care of garbage collection and disposal. Stanley Roketnnetz, 159 New Boston Street, Woburn Certified check $100 Period of 2 years with an option for renewal for the third year, $12,500.00 per year. He included in his bid statement that if the contratst is awarded -to him he will collect according to Town spec- ifications, that most modern equipment will be used and that his plant is open for inspection. Mr. Collins and his companion retired at 10:40 p.m. No decision was made relative to the bids. Petition, signed by five residents of Bedford Street, was received requesting that their properties be included in the proposed sewer project. It was agreed to advise them that it is not passible for the toard to make any commitment at this time inasmuch as it is' not in a position to determine just how much work can be done in 1951 with available funds. Aowever, the petition is to be placed on file and considered later in the year when more definite information is obtainable and it is known how costs are coming out. Letter from W.S.: Couette with -reference to drainage on Blossom and Allen Streets was held over from the last meeting. • Mr..Fmery reported to the Board -that Town Counsel 1s of the opinion that there is no obligation on the pert of the Town. Letter was received from Town Counsel stating that it is his pinion that there is no legal liability on the part of the own for damage paused to A. R. Shes's oar from snow aid ince s7;f>dinig fr414 tM#' o1f 1h6 Wink- School. Mr. Burns retired at 10:40 p.m. Letter was received from Leon W. Bateman offering $100 for Lots 186. and 187 Grassland S reet. Inasmuch as there is a drainage problem involved the Board felt that it would not be advisable to dispose of the lots. Upon motion of Mr. 'Riery, seconded by Mr. Driscoll, it was voted not to accept the offer. CC 1 1 393 •Hurther.tonsideRation;wa$ given to Mr. Frank J. Pinola offer of $1300 for approximately 13 acres of tax title property, located on Waltham Street, formerly owned by Stearsn. Members of the Board viewed the -property which is not located on a street and has no access except over private property. upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted not to accept the offer. Letter Was received from Kenneth C. Harmon, 2 M ianna Street, Lynn, offering $50 -for Lot 215 Spri g Street. The Clerk was instructed to refer the offer to the Committee on Tax Title Property for recommendati•n. Letter was received from James Harrison, 25 Fre man Street, Arlington, offering $75 each for Lot 20 Rangeway Street and Lot 22 Hillcrest Street. The Clerk was instructed to refer the offer to the Committee on Tax Title Property for recommendati•n. Upon motion made and seconded, it was voted to grant the following used of halls; League of Women Voters Estabrook Hall March 8 Lexington Field & Garden Club " " March 1- Uses of Sacred Heart Church Cary Hall April 8 halls St. Braid s Church 13 Sacred Heart Lurch " " May 21511 5 VFW Estabrook Hall March 1 Conf. Room Alluuses were granted free of charge, with the ception of the application from the Sacred Heart Chu ch for permission to hold an Annual Reunion, for which a charge is to be made of •35. Upon motion of Mr. Nickerson, seconded by Mr. ' i coll, it was voted to approve the following licenses: Lexington Theatre, Inc. 1794 Mass. Avenue Sunday ,..vies Licenses Manor spa 269 Bedford Street Sunday .ales Wardrobe's Pharmacy, Inc. 807 Mass. Avenue Sunday gales Upon motion duly made and'seconded, it was voted to Permit grant permission for the-folldhwing paper drives.; Battle Green -Order of DeMolay April 1st Lexington Boyp' Club May 6th Permission had previously been given to the Lexi gton V.F.N. to conduct a drive on Sunday, March 4th. A co lection was hedl but due to inclement weather the organizatio re- 394 quested permission to finish collecting next Sunday. The poard was not in favor of granting the request. lir. Driscoll.reported on the inspection made of the present ambulance. The individuals who reported to him do not recommend ,repairing the ambulance and re- commended the purchase of .a new one. Bids for a new ambulance were not opened and held over. The meeting adjourned at 11:10 p.m. A true record, Attest: 1 Selectmen's Meeting March 5, See pg. 385 383 SELECTMEN'S MEETING March 8, 1951 A special meeting of the Board of Selectmen was held in'the Selectmen's Room, 'awn Office Building on Thursday, March 8th at 4:45 P.M. Messrs. Emery, Gay, Nickerson, Driscoll and Hoyt were present. The Clerk was also present. There being no Chairman, the Clerk of the Board acted as Chairman pro -tem. Mr. Emery said that he would like to have the honor, as -retiring Chairman, to nominate Mr. Donald E. Nickerson. Mr. Gay. seconded the nomination. Chairman Mr. Hoyt moved that nominations be closed and elected Mr. Driscoll seconded the motion. Mr. Nickerson accepted the office of Chairman of the Board for the ensuing year. Mr. Emery brought up_ the subject of Edison Way and raised the question as to what action is to be taken by the Board at Town Meeting. The Chairman said that the way this was explained by the Planning Board and the way it was originally explained by Mr. Ballard is very different. Hesaid that it was planned out originally to go through and he personally does not like to see the original plan discarded. Mr. Hoyt suggested that it might be well to withdraw it from the Annual Town Meeting, explore it further and possibly bring it up at some future Spec- ial Town Meeting. The Chairman said that unless the Selectmen and the Planning Board can go to Town Meeting in agree- ment, it seemed to him that the subject should not be presented at this time. It was agreed to invite Mr. Ballard to meet with the Board on Monday night, March 12th at 7:30 P.M' Mr. Emery informed the Board that Mrs. Sexton had asked the Olerk for a copy of the report submitted by the real estate agents who had appraised her prop- erty for the Board. It was his sugestion, and the Board agreed, that Town Counsel should be consulted. A special meeting of the Board will be held on Saturday morning at 10:00 P.M. to confider some of the items which will come at the Annual Meeting. The meeting adjourned at 5:40 p.m. A true record, Attest: Edison Way 384 SFT'RCTMEN'3 MEETING March 10, 1951 A special meeting of the Board6of Selectmen was held in the Selectmen's Room, Town Office Building on Saturday morning, March -10th at 10=30 A.M. Chairman Nickerson, Messrs. Btnery and Hoyt *ere present. The Clerk of the Board was also present. Mr. Howard Patterson, Chairman of the Appropriation Committee, met with the Selectmen. The 1951 budget for Highway•Maintenanoe-Wages and Expenses:was considered and the -Chairman explained that the. Selectmen have approved $69,000 after having discussed each item very carefully with Mr. Burns. . Mr. Patterson agreed to discuss this budget further with his Committee on Monday night. An informal discussion was held on the request of the Police Department for a 5 -day work week and also the proposed sewer for the so-called Sunnyfield area. The Chairman agreed to contact Mr. Jackson, Health Sanitarian with reference to the Sunnyfield sewer project. The Clerk was instructed to invite Officer Benjamin Day to meet with the Board next Monday night to discuss the 5 -day week. The meeting adjourned at twelve noon. A true record, Attests 1 1 SELECTMEN'S MEETING March 12, 1951 ' A regular meeting of the'Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 12th at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Dris- coll and Hoyt were present. Mr. Burns, Sup+t. of Public Works, and the Clerk were also present. Hearing was de$lared open upon the petition of the toston Edison Company for permission to lo- cate two poles on Walnut Street. The request orig- inated with the Middlesex County Sanitarium and the locations were approved by Mr. Burns. No persons were present in favor or in opposition. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve the following pole locations and.sign the order. Walnut Street, northeasterly from a point approximately 450 feet northeast of the Lexington -Waltham Line, two poles. The Chairman mentioned that there are a few budgets upon which the Selectmen and the Approp- riation Committee apparently have not agreed. The first one to be considered was Street Lights, sub- mitted in the amount of $31,800. The Selectmen had approved the budget as eubmitted., but the Approp- riation committee approved $30,000. The Board checked the items in the budget and upon motion of Mr. Finery, seconded by Mr. Gay, it was voted not to make any revision and leave the a- mount approved as $31,800. The next budget to be reviewed was Sewer Service submitted in the amount of $43,500. The Selectmen had approved $35,372 and the Appropriation Committee approved $28,000. The Board checked the items in the budget and upon motion of Mr. Driscoll, seconded by Mor. Finery, it was voted not to make any revision and leave the ,amount approved as $35,372. The Board reviewed the budget for curbings, sub- mitted in the amount of $2,000. The Selectmen had approved the budget as submitted, but the Appropriati Committee approved $1,000. Upon motion of Mr. Hoyt, seconded by Mr. Driscol it was voted to revise the budget and approve it in the amount of $1,000. 395 Pole Location Street Lights budget Sewer Services budget Curbings Budget 396 The Board discussed the Insect Suppression - Capital -Outlay budget submitted in the amount of $2,500 which provides for the purchase of a new Insect Supp. sprayer. Capital Upon motion of Mr. Gay, seoonded by Mr. Hoyt, Outlay it was voted to revise the budget, disapprove the purchase of anew sprayer and recommend that the Article be indefinitely postponed. Mr. "urns retired at 7:40 p.m. Mr. Harold E. Stevens and Officer Day met with the Board. The "hairman explained that Officer Day had been invited to meet with the Board inasmuchas he had been the Spokesman::' of the 5 -day week for the Police Depart- ment. He said that the Board would like him to review the speech he made at a meeting of the Taxpayers' Ass- ociation. Officer Day explained that he read the article in the warrant and informed the group that the entire 24 Police members of the Department were in favor of the 5 -day 5 -day weak week, but he was late in getting the article in and was unable to secure more than 16 signatured due to the fact that some of the men were on night duty or day off. e explained that the men never have a day and a half off or two days off togetherunless they are ill or on vacation. He stated that the men have hadbut one change in their days off in 30 years, and th.t was in 1947 when, by vote of Town Meeting, they were given one day off in six. Officer Day stated that the 5 -day week would nec- essitate three additional men to over all present. duty assignments which will mean an additional eighteen cents on the tax rate this year. (dune 1st to December 31st) He also mentioned the Civil Defense Act and the proclamation of the Governor. He explained that when a request is made to the Board of Selectmen or the G1ief of Police by a Town, the police "shall" be sent to any part of the Commonwealth that requests aid or assistance in an emergency and remain on duty until excused of such duty regardless of the days off. Be explained that, in addition to the present em- ergency, under the Rules and Regulations of the Depart- ment, the Officers shall devote their entire time tp the business of the Department and cannot engage in any other business. Certain hours are given'. -to the Officers for the performance of their duty and at all times' they must be prepared to act immediately on call. CAM 1 He explained that all Officers are deemed to be on call, whether in uniform or not. They cannot leave Town without permission from the Chief of Police or the Officer in charge. He said that, in additj.on to the list of Towns he originally presented, the following Towns have adopted the 5 -day week: Concord, Belmont, Milton, Winchester, Framingham, Lynnfield and Danvers. Each of these towns, with the exception of Danvers, had to add three additional men: Danvers added four. Officer Lay stated .that in 1908 the Officers were given a day off in thirty; in 1911 one day off in fifteen; in 1920 one day off in eight; in 1947 one day off in six. He said that the men have to work Sundays and holidays unless they come on their day off. The night men, on the first half work from 5:30 p.m. until 12:30. The men on the second half work from 12:30 a.m. until 7:30 a.m. Mr. gmery asked if the men ever change from day duty to night duty and Officer Day replied that it is usually up to the individual to change if he so desires and it is not punishment duty. He said that some of the men prefer to work nights because it gives them time off in the day. Off icer Day retired at 8:10 p.m. The following individualsmet with the Board: Leland Emery, Chairman of the Board of Assessors, William Potter, Chairman of the Cemetery Commissioner Howard Patterson, Chairman of the Appropriation Com- mittee and Messrs. Bateman, Donnelly, Jemes, Clevelan Sullivan, Hall, Smith, Tucker and Walker. Mrs. Morey Chairman of the School Committee, was also present. Mr. Patterson explained that the group was meet- ing in compliance with the By-laws of the Town of Lex ington and asked if the School Committee had any ques tions relative to the budgets and articles to be pre- sented at the Annual Meeting. Mrs. Morey replied that her Committee is very much'satisf ied with article 40 and said that the Boar of Selectmen has not as yet been askedfor an opinion. The Chairman explained that the Board, at pros - sent, doesn't know anything about it. Mrs. Morey explained that the School Committee i planning to offer a vote that the Town appropriate s ficient funds, something under $2,000,000, and to ac- cept the recommendations of the Committee of fifteen that part of the High School be built this year. She said that there must be additional school facilities in 1952 and rather than ask for 2i million to build the whole school, the Committee will ask for the less .r amount. 397 Joint Meeting on Budgets 398 Patriots. Day Mr. Patterson asked if the Board of Assessors had any questions and Mr. Leland 1mery referred to the Assessors* -request for additional clerical help for eportion of the. year and said he understood this item had not been approved. Mr. ratterson replied that the Appropriation Committee -has approved #500 for a part-time Junior Clerks. Mr. Potter questioned the amounts approved for Cemetery Maintenance and Mr. Pattern explained the transfers to be made from the Sale of Lots Funds. The Chairman referred to an item in the Appro- priation Committee report relative to an item of 44000 in the Highway Maintenance budget for repairs to. school driveways. He said that the Selectmen had no knowledge of this amount and if it is to be included, the Board does not feel justified in trying to reduce the budget any further. The group retired at 9:05 p.m. Mr. Clifford, Chairman of the Patriots' Day Committee, and Mr. Foster met with the Board to discuss the Patriots* Day budget. Mr. Clifford said that the Veterans' Council thinks the budget should be,about $1,000 which would include a morning and an afternoon parade, and explained that the largest item is transportation for the various bands. The Chairman explained that the Selectmen recom-_ mended $1,000 less than requested because they felt that the afternoon parade could be eliminated, but as- sured Mr. Clifford that the Board would reconsider the matter. Messrs, Foster and Clifford retired at 9:25 p.;m. Upon motion of Mr. Driscoll, seconded by Sir. Hoyt, it was voted to reconsider the budget and approve the sum of $1,000. Mr. and Mrs. Sorrento, 7 Theresa Avenue, met with the Board and questioned the sewer betterment assessment levied against their property. The Chairman informed them that the Boars uwould request more information from the Supt. of Public Works, and advise them at a later date. Mr. and Mrs. Sorrento retired at 9:35 p.m. fir. Burns returned to the meeting. The Chairman read a letter from John A. Rodes, 131 Shade Street requesting that something be done to elim- inate the surface water condition and subsequent icing of the lower end of Shade Street. He clamed that his son slipped on the ice in front of 159 Shade Street and suffered a very serious fractured leg, requiring bone surgery. 1 1 399 Mr. Burns reported that Mr. and Mrs. Rodes had been to see him and he told them that people pump- Complaint ing water from their cellard contribute to the con- re ice on dition of the street. Mr. Rodes admitted to him, that Shade Spreet he pumps onto the street himself. Mr. Burns explained to him that this particular drainage pr ►ject would cost between $9,000 and $10,000 and he could not guar- antee when it would be undertaken. -Upon motion duly made and seconded, it wag.voted to renew the following licenses: Kieran J. Lowry 286 Lincoln Street Five Forks Dairy Bar 271 Lincoln Street (Until 9:30 p.m.) Man. Minnit Golf Club 177 Concord Avenue Daniel P. Curtin 442 Marrett Road W.S. Couette 1710 Mass. Avenue Auctioneer Sunday Sales n n n n n n, it n Further consideration was given to the bids re- ceived last week for the collection of garbage in the Town of Lexington, effective April 18, 1951. Garbage Upon motion of Mr. emery, seconded by Mr. Hoyt, Contract it was voted to award the contract to Stanley Roketenetz 159 New Boston Street, Woburn for the period of one year, at his bid of $12,500, providing he is willing to sign a contract pending examination and approval of same by Town Counsel and Superintendent of Public Works. Mr. Burns reported on the proposes] Sunnyfield sewer. project and stated that Metcalf & Eddy s figure for the Sunnyfield cost of construction of the gravity force is $160,000 Sewer plus a top of $16,000 for engineering, making a total of $176,000. He said that he, personally, figures it to be $220,000. Metcalf & Eddy claim that the project can be done 1w -eight months which is about forty feet a day. Mr. Burns stated th€t there neverhes been a contractor in Lexington, even with two and three crews, who could do thatmuch work. Mr. Burns said that he would be willing to go along with twenty feet a day. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted that the Board of Selectmen recommend the •sum of $220,000 for the Sunnyfield sewer. Further discussion Iv held on the subject of Kinneen's Pond and it ws agreed to recommend that the sum of $5,000 - be appropriated to complete the project this year. the Clerk left the meeting at 11:10 p.m. The Appropriation vommittee and the Board of Selectmen concurred on the following budgets: Sewer S"rvices, $33,000; Curbings, $1,000; S'reet Lights, $31,800; Highway Maintenance, 400 Jurors Special Police $70,000 (including repairsto driveways at Parker. and Adams Schools); Sprayer` $2500 not approved. Mrs Keith L. MacLean, electrician, 80 Bloomfield Street and Herold F. Lombard, ClaimmManager, 23 Eliot Road, were drawn to serve on -a Jury Pool. Letter was received from Chief Rycroft recommending that James F. Manning, 173 Hancock, Cambridge, be appointed a Special Police Officer.. Mr. Manning has charge of the Belmont Country Club and is a Special Officer in the Towns of Arlington and Belmont. Upon motion duly made and seconded, it was vote4. o appoint James F. manning a Special Police Officer in the Town of Lexington for a term expiring March 31, 1952. The following bids were received on a 1951 Cadillac ambulance= Miller Sales, Inc. $6,850.00 ;Without radio 920 Cambridge Street 7,200.00 With radio Cambridge Meteor Sales of N.E. 77 Summer Street Lynn Norman E. Moore 302 Highland Ave. W. Newton 5,958.00 Without radio 465.00 or 500 with radio 160.00 Generator system 7,200.00 A true record, Attest: 1 401 SELECTMEN'S MEETING March 15, 1951 A special meeting of the Board of Selectmen was held. The Olerk was not present and the fol- lowing businesstaken up at the meeting was given to her for the records by the Chairman. Upon motion duly made and seconded, it was voted not to recommend to the Town a five-day work week for the Police Department. A bid on a Buick ambulance is to be received from the Wlonial Motors, Inc. ;Upon Motion duly made and seconded, it was voted to rescind the vote of the Board passed on Monday evening, March 12, 1951 at which time it was voted to present the Sunnyfield vote (Article 43) in the sum of #220,000. 402 SELECTMEN'S MEETING March 17, 1951 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Saturday morning, March 17, 1951 at 10:30 a.m. Chairman Nickerson, Messrs. Emery and Hoyt were present. The following members of the Planning Board met with the Selectmen to discuss the so-called Sexton property (Article 30 -Warrant, March 19th Annual Meeting)t Chairman Adams, Messrs. Couette, Irwin, Potter, Johnson and Ripley. Mr. Adams stated that the Planning Board feels that the acquisi ion of the Sexton property is highly essential for the lon ange future development of the civic center of the town. H said that within the next 25 to 50 years the Town will have to have a large number of additional Town Sexton official buildings and as such there should be an extension Property for the development already started. He stated that if the property goes into business, it would be very detrimental to future appearance of the Town buildings. Mr. Potter stated that if the 'Ibwn business is not ex- tended and this property goes into business, it will be det- rimental to what is already here. Mr. Couette said that "we" are not naive enough to think it can't go into business. Mrs. Sexton had signatures well in advance of 50% of the assessed value of the immediate area and he thought she could get a two-thirds vote. Mr. dams said that the Planning Board feels very strong- ly on the positive side, and believes that this corner should be included in civic development. The Chairman said thtt if the Planning Board felt that strong about it, they almost must discuss the pride. Mr. Adams said that they do not feel it the function of the Planning Board to tecommend this money or that money. He said that, informally, he though most of the members would vote for 5,000 if it had to be that. The Chairman add that the Board could not start trading on the Town Meetingfloor and doesn't know yet whether it can go in and recommend that a certain.number of thousands of dollars be appropriated. Mr. Adams said that essentially the Planning Board's report had to be on why the Board Wanted the property and why the article was put in. Mr. Johnson said that the Planning Board felt that if the property were taken by eminent domain it might have to be taken for a definite purpose. Whereby, if the Town purchased it, it could ibe used forany purpose. Mr. Emery explained that the article is written to sup- port an eminent domain taking legally. 1 1 1 Mr. Adams referred to Article 2 and stated that the Planning Board will move for the appointment of a Committee of Five to study and revise the Building By-laws, and report at the next Annual Town Meeting. He further stated that the Planning Board Will present Article 37 and that Articles 45, 46 and 50 will be indefinitely postponed. The meeting adjourned at 12:05 P.p• A true record, Attest: 403 404 SELECTMEN'S MEETING March 19, 1951 A special meeting of the Board of Selectmen was held on Monday evening, March 19, 1951, prior to the Annual Town Meeting. Chairman Nickerson, Messrs. Gay, Emery, Driscoll, and Hoyt were present. The Clerk was also present. The following members of the Appropriation Com- mittee met with the Board: Chairman Patterson, Messrs. Hall, Smith, James, Tucker, Bateman, Sullivan and Don- nelly. Mr. Walker was also present. W. Patterson referred to the Police budget under Article 4, and explained that the Appropriation Committee is not in favor of making a change to provide for two ad- ditional officers requested by the Chief. It was the o- pinion of the Appropriation Committee that further study should be given the subject. The Chairman explained that the Board of Selectmen has changed the budget, both personal services and ex- penses, to include two additional police officers. The meeting adjourned at 8:00 P.M. The next regular meeting of the Board will be held on Tuesday, March 20, 1951 at 7:30 P.M. A true record, Attest: CC) 1 405 SELECTMEN'S MEETING March 20, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Euilding' on. Tuesday, March 20, 1951 at 7:30 P.M. The change in date was due to the fact thtt the Annual Town Meeting was held on Monday, March 19th. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works, Mr. Stevens, Town Counsel and the Clerk were also present. Mr. Stevens reported on the settlement of the Kourian cases and explained that the settlement re- quired a vote postponing the time for paying the water betterment assessment on Kourian's land on the west- erly side of Grove Street. He said that Mr. Kourian Kourian owns property on both sides of Grove q'treet and his house is located on the easterly side. On the west- AssessmentWater erly side is undeveloped. land. Mr. Kourian requested an abatement which was denied and he filed a petition in the Superior Court which is now pending. He also had some land taken for the widening of Grove Street and claimed damages by Jury. This is also pending. Mr. Stevens reported that he agreed with Mr. Kouut ian's attorney to settle all the cases on the basis of obtaining from the County Commissioners a license to allow the pump houseto encroach on the easement and secondly by postponing, under Chapter 159, the time for payment of.the water betterment assessment until the land is built upon, etc. Mr. Stevens informed the Board that it seems like a very desirable settlement. He said that the water betterment has been apportioned and Kourian has paid $208 to date which covers the 1949 and 1950 installments. This has been applied against a lot w,th.140 foot frontage which he sold to a relative. The betterment on that lot is paid In full, leaving #68 which was deducted from $900 remaining, which leaves $832 still due. By vote of the Board this can be deferred without interest until such time as the land is built upon, sold or use is made of the tisatermain. Mr. Stevens also drafted a letter to Mr. Kourian which is to be signed by the Chairman. Upon motion of Mr. Gays, seconded by Mr. Hoyt, it was voted That pursuant to the authority granted by Chapter 159 of the Acts of 1950, the time for payment of the unpaid balance of $832 of the betterment of $1040 assessed in 1948 upon land of Everett Kourian situated on the westerly side of Grove Street, which assessment was made in connection with the laying of a water main in 406 Legal opinion re sewers Robbins Rd. sewer request said Grove Street, is hereby extended, without interest, until such of said land --as is now owned by said Everett Kourian, being a frontage of about 900 feet on Grove Street, or any part thereof, is built -upon or 6(341 or until the expiration of three years from the --date hereof, whichever event first occurs; provided, however, that this extension of time shall terminate immediately if the facilities of said water main are used for said land now owned by said Kourian or any part thereof. The Clerk was instructed to forward an original and two copies of the letter, together with an orig sal and two copies of the vote, to Mr. Stevens. Mr. Stevens advised the Board that heCalfind absolutely no authority anywhere for the S+ate Depart- ment of Public Health or the local Board of Health to require the Town to build any sewer. Th'only power in this comes from a Statute in 1935 which authorizes the State Department of Public Health, through theDourts, to compel the town taking measures to prevent pollution of streams. He said that there is absolutely no way that the State or local Board of Health can require a Town to build a sewer anywhere. The Board of Health has the power to have the owner take care of it if there is a dahger to the public health. The "oard of Health aid° has the power to force the occupants to vacate and close the house if it is deemed to be a danger to the public health. Mr. Burns said thrt some of the cesspools in the Sunnyfield area empty into a brook which is a conttibu- tory to the Shawsheen River. Mr. Pinery asked if it were possib]e for the Town, under the drainage vote, to install drains in unaccepted streets without bringing up the six-year liability and Mr. Stevens replied that he would like to check on this. He said, however, that if the Town runs a drain across the street he w,uld not consider it as repairs to the street. If the Town drains the street itself, he thought it would be considered repairs, but if the street is used just as an avenue through which the pipe is laid, he did not think it would be considered as repairs. Mr. Joseph Sweeney met with the Board at his own request, relative to sewer inatallatibn in Robbins Road. He said that last year he was told that there was not much;of a chance of having the sewer extended. He stated that he has broken ground and hopes that the sewer may go through. Mr. Burns told the Board that he had explained to Mr. Sweeney that he would have a better chance, in adking for the sewer, if there was another.house at least started. 1 1 Mr. Sweeney said that he hopes to move into his house in June, and the only other alternative he has is to use a septic tank. He went over to see Mr. .Jenkins, but he could not see his way to petition .for the sewer . He is now using a septic tank which is satisfactory. The Chairman explained that all the Board can say is that consideration will be given the matter. He suggested that Mr. Sweeney call Mr. Burns within a week or so. • Mr. Sweeney retired'at 8:30"P M. Messrs. Stevens and Burns retired at 8:55 P.M. The Chairman read a letter from Mary V. Chiesa, 42 Adams Street, requesting deferment of the sewer betterment assessment to be levied against her prop- erty. The Clerk was instructed to give a copy of the letter to Mr. burns. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegrahph Company for joint pole locations on Walnut Street. The pro- posed locations were checked and approved by the Town Engineer. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition and sign the order, for the following pole location: Walnut Street, northeasterly from the Lexington - Waltham Line, three (3) poles. The Chairman read a letter from Walter V. Mackie, on behalf of Boy Scout Troop 45, requesting permission to conduct a paper drive in the Franklin School area some time between now and the close of school, the date to be determined by the Board. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant permission for a paper drive to be held on Sunday, May 20th. Surety bond F-101163, issued on behalf of G. Mil- dred Thompson, as Collector of Taxes, in the amount of $70,100 was received. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to approve the bond. Further consideration was given to Mr. James Harris- on's offer of 475 each far Lot 22 Hillcrest and Lot 20 Rangeway, Section 3, Park Heights. 407 Pole Location Paper Wive Tax Collector 408 Tax title property Use of hall The Committee on tax title recommended $300 for Lot'22 Hillcrest and $125 for Lot 20 Rangeway, plus $74 for the 1949 water betterment assessment, leaving a balance of $189.72 to be abated . Upon motion of Mr. tnery, seconded by Mr. Driscoll, it was voted to entertain an offer of $500 for both lots!. The Uhairman read a letter from Kenneth V. Cassidy, Chairman of the V.F. W. 19th of April Committee, requesting a change in the date of the use of Cary Hall from April 19th to April 18th for the organization's Annual Bali. Upon motion of Mr. Gary, seconded by Mr. Hoyt, it was voted that the change in dates for the use of Cary Hall be approved. Application was received from Richard F. Jackson for Uses of hsllsthe use of Estabrook Hall on the evenings of March 27th and April 13th for 4-H Club Programs. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant both uses free of charge. Upon motion of Mr. G y, seconded by Mr. Driscoll, it was voted to renew the following licenses: Frederic B. Hubley Dorothy Day, Inc. Geo. R. Reed &"' Son Lexington Theatre 4 Stetson Street 1780 Mass. Avenue 1721 Mass. Avenue 1794 Mass.'Avenue Auctioneer Sunday Sales if nJ Sunday Movies Tho Board was informed by Mr. Hoyt that Leon Garfield, vice-president of the Middlesex & Boston Railway had of- ficially closed the garage on Bedford Street as of March 9, 1951. , The Clerk was instructed to write the Company and ask for a verification. Annual appointments were held over for the next meeting. The meeting adjourned at 9:25 p.m. A true record, Attest=: CC) 1 409 SELECTMEN'S MEETING March 24, 1951 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Saturday morning, March 24, 1951. Chairman Nickerson, Messrs. Gay, Emery and Hoyt were present. The proposed sewage project in the so-called Sunnyfield area was discussed and it was unanimously voted to recommend against the installation of sewers because it is the Board's belief that there isnot Sunnyfield sufficient urgency in the number of homes affected Sewer tomarrant the expenditure of the sum of $220,000. Upon motion duly made and seconded, it was voted to accept Stanley Roketenetz' proposal of two years for garbage disposal at $12,500 per year and to give Garbage him an option for the third year. It is the intention Contract of the Board to accept the bid on Mr. Roketenetz' term as soon as the subject is cleared through Town Counsel. The purchase of a 1951 Cadillac Ambulance was discussed and it was agreed to advise the Meteor' Sales of New England that it is the Selectmen's intention to purchase a 1951 Meteor Cadillac Ambulance, without radio,; as soon as the vote of theiown Meeting author- izing the purchase becomes final. (41erk was not present at this meeting) 410 SELECTMEN'S MEETING March 26, 1951 A• -meeting of the Board. of. Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 26th at 7:00 P. M. prior to the Adjourned Session of the Annual Town Meeting. Chairman Nickerson, Messrs. Beery, Gay, Driscoll and Hoyt were present. The Clerk was also present. Gasoline Hearing was declared open upon the petition of William Hearing F. Cowles for permission to maintain one underground tank for the storage of 1,000 gallons of gasoline on premises located at 187 Spring S+reet. The petitioner was the only person present. Notice of the hearing was read by the Chairman and he informed the Board that the application had Iowan approved by Captain Bernard J. Belcastro of the Lexington Fire Depart- ment. Gasoline Hearing Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant William F. Cowles a permit to maintain one underground tank for the storage of 1,000 gallons -of gasoline on premises located at 187 Spring Street, Lexington. Mr. Cowles informed the Board that he hasa traetor and two pleasure cars for which he can purchase gasoline at a saving if he has a storage tank, thea the application for a permit. Mr. Cowles retired at 7:05 P.M. Hearing was declared open upon the petition of Salvatore Ricci for permission to maintain one underground tank for the storage of 1,000 gallons of gasoline on premises located at 1010 Waltham Street. The petitioner and a representative of Robert Fawcett & Son (oil Burners) were the only persons present. Notice of the hearing was read by the Chairman and he informed the Board that the application had been approved by Captain Bernard J. Belcastro of the Lexington Fire Department. Mr. Ricci explained that he desired a permit to store gasoline for private use on his farm. Upon motion of Mr. a y, seconded by Mr. Hoyt, it was voted to grant Salvatore R loci a permit to maintain one under- ground tank for the storage of 1,000 gallons of gasoline on premises at 1019 Waltham Street, Lexington. Mr. Ricci and the oil burner representative retired at 7:08 P.M. Mr. Driscoll, who was unable to attend the Board meeting on March 24th at which time the Board voted to recommend in- definite postponement of the article on the Sunnyfield sewer, stated that he wished to be recorded in favor of postponing the azIdele. cc 1 1 1 the Chairman reported that Mr. Couette had informed him that Mr. Alfred tropeano would have a definite offer, for the Boar this evening, from Mrs. Sexton of $22,500 for her pro's ty at 1519 Massachusetts Avenue. Mr. Hoyt moved thet the Board of Selectmen recommend to the Town .Meeting the purchase of the Sexton prop- erty for $ 22,500. He stated, however, that his motion is Conti ent upon receiving a bonafide offer. Mr. Gay seconded the motion and it was so voted. Mr. Emery said that he did not wish to be recorded as voting. The meeting adjourned at 7:55 P.M. The regular meeting of the Board will be held on Tuesday, March 27, 1951 at 7:00 P.M. A true record. Attest: 411 Sexton Property 412 Preston water assessment Bond water assessment Sweeper ST T RCTMEN' S _MEETING March 27, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, March 27th at 7:00 p.m. The meeting was held on Tuesday due to the fact that the Adjourned Town Meeting was held on Monday. Chairman Nickerson, Messrs. IInery, Gay and Driscoll were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Burns reported that Mr. Elwyn G. Preston of Bennington Road called him about the assessment levied against his property for the water main installed to service a Mr. Wilson. Mr. Binery reported that Mr. Raymond Bond had called him on the same subject after having received a bill in the amount of $520.50. Mr. Burns presented a sketch of the properties and explained that neither Mr. Preston nor Mr. Bond are serviced by the water main in question. Upon motion of Mr. Emery, seconded by Mr. Gay, the following votes were passed= Voted: Under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assessment of $247.50, without interest, levied against property of Elwyn G. Preston, 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 facilitates of the water main are used for said land or any part thereof. Voted: to abate the water betterment assessment levied against other property of Preston in the amount of $123.00. Voted: Under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assess- ment of $520.50, without interest, levied against property of Doris E. Bond, until said land or anipart thereof is nuilt 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 immed- iately if the facilities of the water main are used for said land or any part thereof. Mr. Burns requested authorization to purchase a street sweeper and explained that the two most popular units are Elgin and Wayne. Re has conferred with two different people who own both and their feeling seems to be in favor of the Wayne. 1 1 413 Mr. Burns reported that he has driven both types and there is one particular reason whyhe. might prefer a Wayne. Almost any mechanic can work on this sweeper and the parts are available. Be explained thatthe maintenance cost of any sweeper is high. He received a bid for a Wayne sweeper at a net cost of $9,540 and a bid for an El- gin sweeper at a net cost of $9,940. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it,was voted to authorize Mr. Burns to purchase a Wayne street sweeper at a net cost of $9,540. Mr. Stevens, Town Counsel, arrived at the meet- ing at 7;0D p.m. Be explained that he,had prepared a partial re- lease of land from w€tar betterment assessment rel- ative to property on Burlington Street and conveyed to Colin. T. Ross, et al by Jack H. Johnson,. et al. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to execute the document as prepared and recommended by Mr. Stevens. At 8110 p.m. Mr. A. J. Kochis and five other persons met with the Board, at Mr. Kochisl request to discuss drainage. .The Chairmansaid that he assumed all personjres- ent were familiar with the letter written by Mr. Kochis Kochis and that he would read it if they so desired. drainage Mr. Kochis caked if it would be proper for him complaint to read a copy of a letter tqethe Board from Mr. Sabin, State Highway Engineer. The Chairman said that he would handle the subject any way Mr. Kochis wanted to and proceeded to read Mr. Sabin's letter. Mr. Kochis explained that subsequent to the let- ter he was asked by the former Sup't. of Public Works and Mr. Emery to discuss the subject with Mr. Martins as the State claimed that the broken pipe was located on his property. Mr. Kochis said that he felt this was not his responsibility, but that it was up to the Town. Be saidthat the entrance, which is the basis for all the trouble, is located on Town property. Mr. Emery asked him what he meant and said that as he recalls it, the water, as it comes from marsh, crosses one corner of the Town lot. Mr. Koehis stated that it was more than.a corner and Mr. Emery said that the source of the water is not the Town lot, but it merely crosses the Zbwn lot. Mr. Kochis said that the opening is in the Town property and Mr. Emery explained that even if this is so, and the Town, fixes it, the Town has no right to enter Mr. Martin's property and fix it under his sun - porch. 414 Mr. Emery said that he wanted to clear up the point that the Town lot is not supplying the water that is bothering Mr. Kochis. $e asked if Mr. Kochis had ever seen any obstruction on the Town lot and he replied in the negative. The Oheirman explained that the members of the Board had all been ever the area and the oint of issue is that the Board cannot do anything on tha land even if the Town were permitted to go onto private p perty or even if the Town were permitted to do drainage work. He explained that the Town cannot go onto private property and`make repairs. He said that furthermore The Town cannot do the work because if an -attempt were made to correct the situation and it did not prove to be satisfactory the people would again raiquest further work to b e done. He said that the Town cannot go onto private property, or under a man's sunporeh. The Chairman said that it is quite evident that un- til the house was built there the water went out under. Route 2A and came out at the culvert on the other side. At some time that driin ceased to work. At said that evidently the drain is still trickling and not flowing.' He said that he would think the solution would-be for the people to get together and make some arrangement with the neighbor, whose sunporch is over the drain, and try to have it repaired. He asked the Town Counsel if there is anything that would pr event'.the community as a group getting together and trying to correct the situation themselves. Mr. Stevens said that he is not sure that he under- stands it, but apparently this is a natural water course which has existed for some,_ time and when the State put in 2A they did not block it, and it appears that one individual has blocked it. Mr. Martin, who owns the house involved, said that he does not understand how the pipe was looated under his sunporch. Mr. Kochis said that when the pipe was installed it was put'in for a drain and it was done by the Toro.. The i'hairman said that the State put in 2A and presumably at that time the State relieved the pressure of water by putting the culvert in there. He stated that beyond that the discussion is in the realm of supposition. He explained that there is no record that the Town put it in there and no reason for putting it in. Mn. Stevens stated that the Board could write a letter the same as Mr. Sabin did and say that the Town .did not put it in. .;He explained that the Town does`nott have the responsibility of draining land within its borders and that every land owner is responsible for his own land. If there is a natural water course across the land, it cannot be blocked. 1 f 1 1 The Chairman said that the Board is still willing to review the situation and see It anything can be done but he cannot hold out any hope and cannot promise that the Town will fix the situation. Mr. Emery asked if Mr. Martin owned his house and he replied in the affirmative. Mr. Emery asked if he built it and he replied in the negative. Ile said that the sunporch was on the house when he purchased it. The Chairman said that the Board would give this subject further serious consideration and the group retired at 9:00 P.M. Mr. and Mrs. Anthony Ferrari and Mr. Antonio Farf arae met with the Board relative to having a water main.installed in Leonard Read. The Chairman stated that Mr. Ferrari was aware, when he planned to build his house, that there was no water in the street. Mr. Ferrari said that before he started to build he was told that it would not be possible to have .a main installed last year, but that it might be pos- sible this year. The Chairman explained that the 1951 budgets were just passed a week ago and just this evening the.Board began discussion on what is to be done with the money appropriated last week. Be said that Mr. Ferrari's application will be considered, but it is not possible to tell him that water will be available next week or next month. ne g lained that there are a number of applications/i1dit Board will have to follow them in some reasonable order. Mr. Ferrari said that people on the street now. have a pit meter and if the Town is not going to install a main, he would like to have a pit meter and lay hia6wn pipe. Mr. Burris raised the question as to betterment assessments after the main is installed, once the property owners have water. The Chairman asked how soon Mr. Ferrari expected to move in and he replied about the first of May. The group retired at 9:15 p.m. It was agreed to have Mr. Burns'send a petition to. Mr. Ferrari and instruct him to obtain signatures for the installation of a water main in Leonard Road. Petition was received from residents in the vida- inity of Clematis Brook with reference to flooding of land. The Board agreed to inspect the area Saturday morning. The Chairman read a letter from Mrs. Rich asking the Board to advise her what department has jurisdiction of Parking Meter Maintenance so that bills will be presented from the proper source. 415 Ferrari request for water 416 Rummage sale Mrs. Rich .salary Mr. Stevens informed the Board that this item should have been in the Police Department Expense budget and suggested that the Board advise the Ac- counting Department that this comes under the jur- isdiction of the Chief of iolice. Mr. Stevens retired at 9:35 P.M. Letter was received from Mr. W. R. Greeley with reference to the heating system and fire whistle motor at Cary Hall. W. Burns was instructed to investigate and submit a report to the Board. Be agreed.to do so and took Mr. Greeley's letter with him. Mr. Burns retired at 9:50 P.M. Request was received from the V.F.W. Auxiliary for perthission to conduct a rummage sale at the Barnes property on Saturday, April 7th. Upon motion of Mr. Gay, seconded by Mr. Jittery, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Driscoll it was voted to approve surety bond, in the sum of 41,000 on behalf of William E. Russell as Constable. Request was received from Mrs. Richard Marshall, on behalf of Alpha XI 'hapter of Beta Sigma Phi, for permit- sion to eonduct a rummage sale at the Barnes property on Saturday, May 5th. Upon motion of Mr. Gay, seconded by i°'r. Driscoll, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the followinguses of halls free of charge: Veterans of Foreign Lex. Field & Garden Veterans of Foreign Knights of Columbus Wars Club Wars Estabrook Hall a n Cary Ball u a April 3 Meeting 9 May 28 Installation 6 Breakfast Upon motion.of Mr. Gay, seconded by Mr. fiery, it was voted to renew Robert N. Cann's license as an Auotioneer. The Clerk informed the Board that the Accounting Department had requested a letter establishing Mrs. Rich's salary as Temporary Town Accountant. The `''hairman was authorized to write a letter to salary as 460 per week.. establish -Mrs. Hichss The Clerk informed the Board that if a letter is sent to the Department of Public Welfare advising that in the future the Department is to be billed for all uses of the Town ambulance, the Department can collect from the State. 1 1 1 Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to bill the Deparlbtent of Public Welfare for all uses of the Town ambulance by that Department, retroactive to March 1, 1951. Upon motion of Mr. Gay, seconded by Or. Driscoll, it was voted to make the following appointments for terms expiring March 31, 1952: (Quote) The following bids were received for two new crusiers for the Police Department: F. K. Johnson, Inc. 2 1951 Styleline Special Model Chevrolet 2 door sedans Delivered price less tax $1470.00 Heater & de 'voster 42.50 1512.59 I'llowance for 1948 and 1949 Chevrolets 1827.00 Net cost 1198.00 Frederic R. Childs Ford 8 Cyl. 100 H.P. Deluxe Tudor Sedans, equipped with magic air heaters oil filters and seat covers. Price minus 1648.00 Federal Excise Tax: $1648.00 Allowance on "1lowance 1948 car 928.00 Net cost 720.00 on 1949 car 1148.00 Net cost 500.00 Upon motion of Mr. Driscoll, seconded Mr. Gay, it was voted to accept the bid for two Ford Deluxe Tudor Sedans submitted by Frederic R. Childs. The meeting adjourned at 10:45 p.m. The next regular meeting of the Board will be held on Monday, April 2, 1951. A true record, Attest: 417 418 Gasoline Hearing Sign of Welcome to Town Clerks Location of Generator SELECTMEN'S MEETING April 2, 1951 A regular meeting oftthe Board of Selectmen was held in the Selectmen s Room, Town Office Building, on Monday evening, April 2nd at 7:00 p.m. Chairmen Nickerson, Messrs. Gay, Emery, Driscoll and Hoyt were present. The Clerk was also present. Hearing was declared open upon the petition of Morris Bloomberg for permission to maintain one underground tank for the storage of 1,000.gallons of gasoline on premises at the rear of 400 Waltham Street. The petitioner was the only person present. Notice of the hearing was read by the Chairman and the application was approved by Captain Beleastro of the Lexington Fire Department. Mr. Bloomberg stated that he operates the Plymouth Motor Company and needs gasoline for private use in his trucks and salesmen's ears. He informed the Board that some years ago a permit had been issued at this location to Mr. A. W. Partridge. Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to grant a permit to Morris Bloom- berg to maintain one underground tank for the storage of 1,000 gallons. of gasoline on premises at the rear of 400 Wlatham Street. Mr. Bloomberg retired at 7:04 p.m. Mr. James J. Carroll, Town Clerk, met with the Board. He said that the Town Clerks' Association will hold a convention in Boston Maylist through the 25th and he, being a member, is expected to do something in the way of entertainment. The group consists of about 350 members and they plan to Visit Lexington on May 24th. Mr. Carroll requested per- mission to place a welcome sign between the two win- dows in the Engineering Department. He presented two samples of the proposed sign - "Welcome to Lexington National Institute of Municipal Clerks" or "Welcome National Institute of Municipal Clerks". Mr. Carroll retired at 7:10 p.m. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted that the request be granted. Mr. Burns, Supt. of ?ublic Works, met with the Board. The Chairman stated that it is the opin- ion of the Board that the generator, now located in the Police Department, would be batter housed outside of the building. He asked if Mr. Burns o uld assume the responsibility of designing a con- crete water -proof building so that prices may be obtained from three contractors and Itir. Burns replied in the affirmative. 1 1 The Chairman stated that there has been some discussion about t1e drainage on Winthrop Road between Dr. Murray s house and Tracy Amest house. The question now, as proposed by the two abutters, is how about putting some ripra on top so that it will not cave in and so that/ho one will fall in. Mr. Burns said that inasmuc s the project has been done up to this point, he f t that it should be continued. He said that it is' not an expensive job, but that he would like some time on it. Mr. Burns reported that he had received a tele- phone call from George Wadsworth asking if arrange- ments could be made for a group from M. I. T. to do some experimental work in locating ledge, using the site of the proposed high school. They have to use dynamite and rather than go to the expense of securing a bond, aske4.f Mr. Burns would have one of his men do the dynamiting, which he agreed to do. He explained to the Boaad'that he asked Mr..Hurley of Stetson Street, a professor at M. I. T. about locating ledge in connection with town jobs, particularly sewers. Mr. Hurley would expect to receiva $50 per day and thought he could do between 6,000 and 7,000 feet a day. However, Mr. Burns said that he doubted if Mr. Hurley could get that amount of footage a day. The Chairman suggested, and the Board agreed, to defer any action until the results of the exper- iment at the high school area are received. Further consideration was given to Mr. Kochis+ complaint relative to the drainage onlands border- ing lot 77 on Marrett Road. The Board had again viewed the area last Saturday and Mr. Burns pre- sented an aerial photograph of the neighborhood, and explained that the height of the pipe out of the reservoir is within an inch of being level at the entrance to the tax title lot 77 owned by the Town. Mr. Eatery asked if there is anything in the Lexington Drainage Act that established future maintenance. Mr. Stevens replied that there is nothing in the Act to indicate that once the Town does work it has to continue with maintenance, but from a practical point he did not see how it could do otherwise. Mr. &eery said that if Town Counsel advises that the Town does not assume any legal responsibility to continue maintenance he would be willing to make a motion to do the work suggested by Mr. Burns po- viding the Town definitely stays off Mr. Martin s property and further providing the Town secures a com- plete release, prepared by Town Counsel, from Mr. Martin. 419 Winthrop Road Drainage Experimental' Work by M. I. T: students Kochis Drainage Complaint 420 Swenson re: Clematis Brook Paul Revere Road Gas Fitting By-law Mason sick pay Winthxtop Rd. sewer Mr. Driscoll seconded the motion and it was so voted. Mr. Burns was told that this project could be deferred until the pressure of work had lessened and he agreed to contact Mr. Stevens relative. to the release for Mr. Martin to sign. The Chairman read a letter from Swenson Bros. relative to proposed cleaning of Clematis Brook. Mr. Burns explained, by use of the wall map, where the brook has been cleaned and the portion vvh ieh Mr. Swenson wants cleaned. The Board agreed to view the area next Saturday morning'. The Chairman read a letter from the County Commissioners, together with petition, for specific repairs on Paul Revere Road. It was the opinion of the Board that the plans should be studied before signing the petition requesting a hearing. Mr..Burns agreed to contact Mr. Batch, County Commissioner, and ask to have a set of plans submitted,to the Board. Letter was received from Eugene L. Morgan sug- gesting that the Committee to be appointed by the Moderator to study revision of Building and rlumbing By-laws also consider a Gas Fitting By-law. Mr. Stevens advised that the Selectmen have no authority to direct the Committee to do anything. It was agreed to have the Chairman inform '4r. Morgan that the Board has no power to direct the proposed Committee to include a Gas Fitting By-law in its study, but that a copy of Mr. Morgan's letter would be for- warded to the Committee when appointed. ! r. Stevens retired at 8:55 p.m. The Chairman read a letter from Mrs. William F. Mason with reference to her husband's loss of pay due to sickness in 1950. 4 'ie Chairman was authorized to inform Mrs. Mason that no change is to be made in. the original vote of the Board which denied sick leave pay to Mr. Mason inasmuch as he neglected to comply with the rule whereby a doctor's certificate must be presented. . Gay reported that Stanley Phalen had called him to find out how soon work is to be started on the extension of the sewer in Winthrop Road. The Chairman suggested, rnd the Board agreed, that Mr. Burns advise Mr. Phalen that his request will be considered and the work done in its turn on the list. mizz 1 421 Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for joint pole locations on Woburn Street. Pole The proposed locations have been approved by the Locations Town Engineer. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to grant the petition and approve the following pole locations; 'W burn Street, northerly side and --easterly, from a point approximately 80 feet east of Leonard Road, 3poles. Yetition was received from the Boston'Edison Company and the New England Telephone & Telegraph Company for joint pole locations on.Lowell Street. The proposed locations have been approved by the Town Engineer. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to grant the petition and approve the following pole locations: Lowell Street, northwesterly from a point approximately 1,320 feet northwest of Summer Street, 2 poles. Letter was received from the Boston Council, Boy Scouts of America in reference to the Scout Pilgrimage:, April 14th. The Council requested 300 feet of snow fence and metal posts to be erected on the Lincoln Street side of the playground inran effort to control crowds. Mr. Garrity has no objection to the erection of the fence and Mr. Burns agreed to furnish it, the organization to set it up and take it down. r. Burns retired at 9:15 p.m. Petition was received signed by residents of Walnut Street requesting the erection of "Children Go Slow" signs. Mr. Burns had informed the Board that there are no signs on hand and they cost ap- proximately $20 each. mr. Driscoll agreed to make a traffic survey of the street and report at the next meeting of the Board. The Chairman read a letter from ter. Thomas rel- ative to the location of a Communications and Report Center for Civil Defense. 'Mr. Emery suggested, and the Chairman agreed, to contact Mr. Thomas and go over Cary Building with him, to determine whether or not a suitable place can be found for the location of a Report Center. Snow Fence Traff i c Signs Report Center 422 Field Day Paper Drive Tax title Property Licenses Woodland Road Use of hall Rate for part-time Clerks Letter was received from the American Legion requesting permission to hold a Field Day at the Center Playground on July 4th and further requesting permission to conduct a paper drive on June 10th. The request for the use of the Center Playground was referred to the Recreation Committee.,, Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the Legion permission to conduct a paper drive on Sunday, June 10th. Letter was received from Dominic Petringa, 141 Bailey Road, Somerville, offering $400 for -lots, 50 through 53 Hillside Avenue; Munroe Deveolpment, East Lexington. Upon motion of Mr. Gay seconded by 1r. fiery, it was voted to advise Mr. letringa that the location! of these lots is strategic for development purposes and therefore the Board is not in favor of disposing of theme this time. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Lexington Theatre, Inc. 1794 Mass. Ave. Sunday Movies John J. Dacey 424 Marrett Rd. Sunday sales Mr. Maurice G. Feely's application for a Com- mon Victualler's license at 405 Waltham Street was denied, Mr. Driscoll having reported to the Board that the owner of the store does not want to rent it to Mr. Feely. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign an Order establishing Woodland Road as a town way from Adams Street a distance of approximately 1535 feet. (Copy of Order in Selectmen's files - Highways, Woodland Road, 1951.) Application was received from the LafayetteClub, requesting permirikon to conduct a Play Night for club members and friends, for which admission will be charged, in Estabrook Hall on Tuesday evening,,`May 1st. Upon motion of Mr. Hort, seconded by Air: Driscoll, it was voted to grant the use of the hall subject to a charge of $10.00,. The Chairman read a letter from Mrs. Rich, Tem- porary Town Accountant, suggesting an increase from 85¢ per hour to $1.00 per hour for the part-time clerk in the Accounting Department. The explanation given was so that this Clerk's wages rate would conform with the wages paid other part-time clerks in other Departments. The Chairman was instructed to secure more information on the subject. 1 1 423 Further consideration was given to the bids submitted by F. K. Johnson, Inc. and Frederic R. Childs for two:new cruising cars for the Police Department. It was voted to rescind the vote of the Board, passed at a meting held on March 27, 1951, accepting the bid for two Ford Deluxe Tudor Sedans. Police It was then voted to purchase one Ford Deluxe Cars Tudor Sedan, turning in the 1949 Chevrolet and to purchase on Styleline Special Model Chevrolet 2 -door sedan, turning in the 1948 Chevrolet. The meeting adjourned at 10:15 p.m. A trine record, Attest: 424 Water meters Justin Shea drainage complaint SELECTMEN'S MEETING April 9, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 9th at 7:00 P.M. Chairman NiCkerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerkwerealso present. Mr. Burns reported that he had received two prices of $21.84 and .21.00 for water meters and would like permission to place an order for 100 now and at least tentatively talk about purchasing another 100 meters within two months. He explained that the quotation is for a Neptune meter, the type now being used by the Town. The Chairman inquired as to how many meters are now on hand and Mr. Burns said that he has only five and ex- pects delivery in thirty days. Up to date, over 100 water services have been installed. Upon motion of Mr. Drsicoll,-seconded by Mr. Gay, it was voted to authorize the Superintendent of Public Works to use his discretion in the purchase of meters. Mr. Burns informed the Board that Justin Shea called him last week and requested• him to look at his property relative to a drainage problem. Mr. Burns in- spected the entire drainage line and in some places there is only two or three inches of covering. The water from the street pours down the driveway and not only tears up the driveway, but washes debris all over the lawn. Mr. Burns stated that he explained to Mr. Shea that anything he could do would not necessarily correct the situation, but it would be an improvement and might help. Mr. Burns suggested relaying the curbstone, about 200 feet, starting somewhere near the middle of the house and building up the sidewalk. Re also suggested that the line be dug up from the barn to the brook, joints put in and cemented. He said that two or three feet of fill should be put over the pipe to make it safe to walk on. The brook should also be cleaned from where the pipe runs in to it to where it goes under the railroad track. This project would cost between $1300 end *1400. He stated that he did not make any promise to Mr. Shea that the work would b e done. The Chairman said that a release should b e obtained and Mr. Burns stated that there must have been an easement and if not, one should be obtained. Mr. Emery asked if the water flowing into Mr. Shea's driveway is town water and Mr. Burns replied that there is no question about it. 1 1 1 4, 425 Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to authorize''the Superintendent of Pub- lic Works to make the suggested repairs on Massachu- setts Avenue and to clean out the brook. Mr. Burns presented a drawing of Reed Street showing property owned by Weisinger and Kuipers in relation to the water main recently installed. The old main had apparently been extended further than Water shown on the original plan and both these people Assessment were serviced and had water prior to the recent in- i Abatements stailation. He explained that their property had not, therefore, been benefited andirecommended that the betterment assessments be abated. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to abate the water betterment assess- ments levied against the Wessinger and Kuipers prop- erty on Reed Street. Mr. Burns requested authorizati $ prepare an abatement of Mrs. Alfred I. Short ' s/fl. He explained that she lives at the end of Waltham Street, at the Short Waltham Line. There is a pit meter out in the street. Water bill ,A leak occurred last Fall and ran up until January before the Town fixed it. She reported a high bill in September. The meter was read and there was nothing wrong with the reading. From 1946 to 1950 she has con- sumed $7.40 worth of water, or less than 100 feet per quarter. She paid $48.00 for water and used $7.50 worth which makes $40.50 over paid. Mr. Burns requested an abatement for the water charged during the period of the leak. Mr. Emery moved that the Superintendent of Pub- lic Works be authorized to prepare abetment sheets for this water bill. Mr. 4ay seconded the motion and it was so voted. Mr. Burns presented blueprints, which he obtained from the County Commissioners,.cf the proposed relocation Paul of Paul Revere Road. He explained that there are some Revere trees and driveways that will be affected. Road Mr. Emery said that he thought the Board should obtain easements from all of the abutters before any vote is passed. Mr,.'Pinery then moved that if and when the work is undertaken that the project be started at Cedar Street. Mr. Driscoll seconded the motion, and it was so voted. Petition and letter relative to the drainage of Clematis Brook was held over until the next meeting of time Isoard. The Chairman reported that he and Mr. Thomas had looked at the dressing room in Cary Building which Mr. Thomas would like to use as a Rb'port Center and Communications Office. 426 Report Center Garbage Contract Bond Jellis water assessment He agreed to confer with Fred Newhall and endeavor to secure more.information as to what equipment will be needed and what changes he might want to make in the room and report at the next meeting., Mr. Stevens, Town Counsel, met with the Board at 8:15 P.M. and presented an original and two copies of the proposed garbage contract between the Town and Stanley Roketenetz. Mr. Roketenetz intends to use only one truck and it was the understanding of the Board that he would use two trucks. The subject was discussed at length and Mr. Stevens was instructed to telephone Mr. Nolan, the insurance broker, and inform him that the Selectmen want two trucks put on the road for garbage collection. Mr. Nolan told Mr. Stevens that the contractor was not in favor of using two trucks but had agreed to think it over and call him in the morning. He in turn will then contact Mr. Stevens. Mr. Burns retired at 8:50 P.M. Upon motion of Mr. Fnery, seconded by Mr. Gay, it was voted to approve Surety Bond #F-101164 in the sum of $54,000 do behalf of James J. Carroll as Town Treasurer. Mr. Leonard Jellis, Sr. met with the Board.. He explained that he had received a bill for water betterment.asaessment on Reed Street and showed the Board a plan of the lot he owns and upon which he built his house. He said that there was a six inch main thirty-five feet in front of his,lot line. He said that he believed it is the policy of the Town to bring the water to the lot line without any cost to the abutter. He said that it cost him over $100 to lay water pipe from the flew layout of Reed Street to his lot line across the original Reed Street. He said that he dees not feel that he should pay tat and also the water betterment assessment and that the town should reimburse him for laying the water line to his lot. He said that he was willing to lay the water line because he wanted water. Mr. Stevens said that, as he recalls the situation, there was the difficulty of determining who owned the triarlkle. He said that land does not become abandoned and that it is still owned by someone whether they know it or not. He said that it would hove been a task to go back over the records to find who owned the property and he could not advise the town to dig up a piece of 4ind unless the owner werekknown., The alternative was for Mr. Jellis to do the work and now if the town reimburses him it would negative the original purpose, and the town might just as well have installed the the pipe in the first place. He said the reason Mr. Jellis did the work was so that the town would not get into any litigation and he agreed to do it to get water.. 1 The Chairman explained that when Mr. Jellis built his house he wanted water and the Board did everything in its power to help him. The Board now feels that he should be satisfied with the re- sult and not as$.for abatement of the assessment. Mr. Jellis said that the Board did co-operate with him but he still believes the tt7wn should re- imburse him for the fifty foot width of Reed Street. The Chairman said that the Board would discuss the subject. After Mr. Jellis left the meeting Mr. Hoyt moved that he be advised that the Selectmen do not feel justified in granting his request for an abatement. Mr. IInery seconded the motion, and itwas so voted. M. Jellis said that he would like some informa- tion relative to closing the railroad crossing on Valley Road. He said that the State has closed the crossing and referred to Book 1, page 16. He stated that he feels the loss of the crossing because it was a short cut. The Chairman said that the Board would look in- to the matter and try to find out if anything could be done. Mr. Jellis retired at 9:00 P.M. It was agreed to advise him that the Town Counsel would check the status of the closed crossing. Mr. Burns returned to the meeting at 9:15 P.M. Mr. Hoyt reported that he and Mr. Driscoll went over to Walnut Street in connection with the petition reeeived for .two "Children - Go Slow" signs. He stated that there did not seem to be very much traffic on Wal- nut Street but most of the cars were on Concord Avenue. Mr. Burns said that the signs cost $15 or $20 and the post cost $3. However, to stencil the street would cost about $5 or $10.. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to have two signs stencilled on Concord Avenue at Walnut Street - one each way. Letter was received from the Lexington Town Bnployeest Union requesting a formal recognition of the Union or a definite:_refusal to recognize it. Town Counsel is to.give_the Board a reply to this.communication. 42i Closed R. R. Crossing Street Sign Walnut St. Messrs. Burns and Stevens retired at 9:35 P.M. Mr. Harvey A. Smith,Sr., 36 Outlook Drive met with the Board relative to an ambulance bill. He explained that his son was hurt in an accident. When the ambulance / arrive he was conscious and asked to betaken to the Massachusetts General Hospital. 428 Ambulance Complaint Pole Location Palladino stripping loam Salvation Argy Rally Food stand April 19th Stands on Emary Park However, he was taken to Symmes Hospital. Dr. Harrington happened to be at the hospital at the time and had the boy discharged to Massachusetts General Hospital. Mr. Smith complained about the fact that there was no compress put on his son and he under -stood the ambulance, attendants were supposed to have had first aid. The Chairman said that the ambulance drivers have definite rules to be followed. However, Mr. Smith could rely upon the Board to look'into the situation. Mr. Smith retired at 9:45 P.A. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Company for joint pole locations on Woburn S reet. Mr. Burns, Supt. of rublie Works, had approved the proposed locations. Upon motion of Mr. Gay, seconded by Mr. Every, it was voted to approve the petition and sign the order for the following pole locationsi Woburn Street, easterly f rom Lowell Street - nine poles (Nine existing telephone poles to be removed). Letter was rectived from Mr. Palladino, 201 Massaehusetts Avenue, reg4esting permission to store. and sell loam. The Chairman informed the Board that Mr. Lindstrom caught Palladino stripping loam and loading it last Saturday and ordered him to stop, and explained to him that he could not remove and sell loam. The Chairman suggested, and the Board agreed, that the letter be referred to Mr. Lindstrom. Letter was received from the Salvation A,,,rny with ref- erence to a proposed Rally on Saturday, May 5th, which would consist of a parade and floats. It was decided to have the Chairman contact Mr. Frothingham and find out whether or not he would be willing to take charge of the program and neces- sary arrangements. Letter was received from Miss Charlotte T. Colby, of the Woodbine House, requesting permission to conduct a food stand on her property pril 19th. The hoard had no objection. Letter was received from Joseph A. Belcastro, on behalf of the Veterans of Foreign Wars, requesting permission to e- rect a popcorn stand on Every Park April 19th. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted that no permits be granted fel, the erection or op- eration of stands on Finery Park. The Chairman agreed to confer with the Chief of Police relative to some alternate location. 1 1 Letter was received from Mrs. Rich, Accounting Department, relative to the hourly rate of pay for parme clerks. i' Jpon motion of Mr. Jloyt, seconded by Mr. Dris- coll, it was voted to retain the rate of 85¢ per hour for the part -time -clerk in the Accounting De- partment. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve Surety Bond #632130 on behalf of the Clerk of the Board, in the amount of $1,000 for a period of one year from April 1, 1951. Letter was received from Ira A. Rix for renewal of permit to sell popcorn at the corner of Wal.tham Street and Marrett Road. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant Mr. Rix permission to sell popcorn bars at this location. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to renew the following licenses: Marcia Dane John W. Leary The Salvation Army Lexington Theatre Countryside Associates 429 Part-time C]e rical Bond Permit 1736 Mass. Ave. Intell. Off. 45 Waltham St. Public Carr. 87 Vernon St. Boston Junk Collector 1794 Mass. Ave. Sunday Movies Lowell St. Sunday Golf Mr. Carroll, Town Clerk,left the Jury box with the Board, with the request that one juror be drawn for the Jury Pool, Superior Court, beginning May 7, 1951. Mr. John H. Dacey, mason, 4 Muzzey Street, was drawn. The meeting adjourned at 10:25 P.M. A true record, Attest: Juror After the Clerk had left the meeting the Board voted to authorize the Chairman to contact Messrs. Roeder, Fitz- gerald and Sheldon as appointees to the Board of Fire En gineers; the terms of the present Board expiring on May 1, 1951. 430 N. E. Tel. conduits SELECTMEN'S MEETING April 16, 1951 A regular meeting of the Board of Selectmen- was held in the Selectmen's Room, Town Office Building on Monday evening, April 16, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Gay, EMery and Driscoll were pres- ent. Mr. Burns, Sup+t. of Public Works, and the Clerk were also present. Hearing was declared.open upon the petition of the New :England Telephone and Telegraph Company for permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public ways: Revere Street - From pole #83/12, located on the southeasterly side, approximately 1250 feet, northeasterly from Bedford St., northwesterly and northeasterly to pole #83/14, approximately 255 feet underground syphon connection. Bedford Street & Revere Street - From the inter- section of Bedford St., northeasterly to the easterly side of Revere St. (to J.0. pole #83/2), approximately 125 feet underground connection. Bedford Street - From a point approximately 58 feet from the northeast intersecting curb line to Harding Road, northwesterly and southwesterly (to J.0. pole #6/56), approximately 80 feet under- ground connection. Mr. Lord, representing the petitioner, was the only person present at the hearing. He referred to the location at the railroad track on Revere Street and explained that at the present time the cables are aerial and the Company considers them a hazard and would like to siphon them under the railroad tracks. Mr. Gay asked if the proposed location concerned the Boston & Maine and Mr. Lord replied that the tele- phone company has contacted the railroad and will also arrange to have a flag man present if necessary to sup- ervise the work. Mr. Lord explained that the Bedford Street loca- tion is to serve new homes, and the people are are waiting for service. 1 431 Mr. Finery inquires as to the possibility of under ground location at the East Lexington Fire Station and Mr. Lord said that he would find out and let the Board know. The Chairman said that he would contact Mr. Lord and advise him of the Board's decision.. Mr. Lord retired at 7:15 P.M. Mr. Burns requested permission to purchase copper tubing. He reported that he had invited six bidders to submit quotations. The following.bids were received; 3/4" 1" Braman, Dow & Co. None available George A. Caldwell Co. No reply Hilco Supply Co. 10,000' Q$ .3263¢ 2,000' Q .40481 John A. MacDonald Co. 10,000t t .341 1,000' .431 Any Any Pieree-Perry Co. quantity @.3439¢ quantity 0 .42661 Red Head Manufacturing Co. Under 2,000' 0 Under 2,000' 0.4029¢ .3357¢ 2;000' .32401 2;000' Q .4092¢ 10,000' 0 .3190¢ 10,000' • .3897¢ Mr. Burns explained that the low bidder is the con- cern that supplied copper tubing when no one else would or could. He said that he would like permission to order 10,0001 of 3/4" and 2,000' of 1". - Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to authorize the Superintendent of Public Works to place an order with the Hilco Supply Company for 10,000' of 3/4" copper tubing at 3263¢ per foot and 2,000' of 1" copper tubing at 4048¢ per foot. Mr. Burns requested permission to punchase an "or- ange peel bucket" and explained that the Town Meeting voted $17,000 for road machinery. The sweeper did not cost as much as he thought it was going to and furthermore he was able to purchase the Hough loader at a better price than anticipated. He stated that last year he borrowed an orange peel bucket from the Town of Brookline and used it on Littlefield's shovel which worked out very well. He was able to do from 30 t� 50 basins a day -- loading from the basin into a truck. The Town of Brookline does not want to let us have the bucket and Mr. Burns said he can purchase a new one for $365 which will work on any machine. Purchase of orange peel buck- et 432 The Chairman showed a copy of the vote to Town Counsel who stated that the vote was so written to ' provide for the purchase of any equipment. Upon motion of Mr. Beery, seconded by Mr. Dris- coll, it was voted to authorize the Sup+t. of P ,blic Works to purchase an orange peel bucket at a price of $365. Letter from the County Commissioners, together with petition for specific repairs on Paul Revere Road was held over from the]ast meeting. Petition Mr. Stevens advised the Board that the Board re would not be commiting itself and be under any ob- Paul Revere ligation by signing the petition. He explained that Road this merely requests the layout and there is nothing' further to be done until the layout is brought in to Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign a petition directed to the County Commissioners requesting specific repairs on Paul Re- vere Road1 Mr. Emery preferred not to sjgn the petition. Letter was received from the Meteor Sales of New England, together with a contract agreement for the purchase of a 1951 Meteor Cadillac ambulance. Mr. Stevens took a copy of the contract for examination and the Clerk was instructed to contact William Fitz- gerald and request that he read the proposed agreement. Mr. Emery moved that the contract agreement be Agreement tween the Town of Lexington and the Meteor Sales of to purchase New England for the purchase of a 1951 Meteor Cadillac ambulance ambulance, in the amount of $5,958 be signed subject to the approval, from a legal angle, by the Town Coun- sel, and subject to the approval of the change of spec- ifications by Mr. Fitzgerald. Mr. Driscoll seconded the motion and it was so voted. Mr. Stevens informed the Board that he had another certificate of insurance covering a decond truck for the collection of garbage andthat it is now in order for the Board to sign the contract. Upon motion'of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign a contract between the Town of Lexington and Stanley Roketenetz, in the amount of $12,500, for the collection of garbage effecter. April 18, 1951, expiring on April 17, 1953 with the option to extend the term to and including April 17, 1954. The Clerk was instrubted to retain the original and de- liver a copy to Mr. Roketenetz. 1 Letter was received from the Arlington Gas Light Company requesting permission to locate 1,000' of 4" steel gas main in Watertown Street for the purpose of supplying gas service to twenty- two new homes. The plan attached had been submitted to Mr. Burns and approved by him. Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to approve the proposed location providing the pavement is replaced. Messrs. Stevens and Burns left the meeting at 8:25 p.M. The following members of the Lexington Boys' Club met with the Board: President Maloney, Messrs. Newhall, Cass and Kelley. Mr. Cass said that the club is interested in obtaining some property where meetings can be held and to use as headquarters for various activities - of the organization. Be explained that the present location is inadequate and very expensive. There is about $1,000 set aside for rent for t he coming year and the Club is interested in the Sexton property. He discussed the organization at length and stated that they would like a rental in the amount of $50 per month. The Chairman explained that the property has not been acquired yet and undoubtedly will be on schedule but the schedule will be, at the earliest, the first of July. He said that'the Boys' Club is the first group to approach the Board for the use of the prop- erty and as yet the Boerd has given no consideration to the subject. The group retired at 8:45 P.M. Mrs. Rhoda, part-time clerk in the Accounting Department, met with the Board. She said that she wanted it understood that Mrs. Rich, Temporary Town Accountant, had nothing to do with her requesting a meeting with the Board. She said that she feels she should receive the 10% increase given to other Town employees, and that she came to work in October. She stated that she works from nine until two, without any lunch hour and in her opinion is doing theaork that it would take a Junior L'lerk all day to. do. The Chairman asked if the members of the Board had any questions and there were none. Mrs. Rhoda retired at 8:50 P.M. 433 Gas main location Boys' Club re use of Sexton prop- er ty Part-time clerk in Aec't. Dept. re raise. M. Burns returned to the meeting. Mr. Burns presented each member of the Board with a general outline of work schedule for 1951, and informed the Board that Dodge reports published that the Town of Lexington had appropriated $10,000 for sewer construction work and that Metcalf & Eddy was going to be the engineer. 434 He said that most of the work as far as layout and design is concerned is merely routine and that Met- calf & Eddy is not in a position to give the Town a full-time Inspector. They stated that they might ie able to take care of the inspection but can guarantee nothing and at any rate the Town will have to pay 25% of the man's salary. He questioned whether the Town can afford to pay for having the plans approved and also Follen Hill for a man's time for very general supervision. The sewer proposed schedule was considered, especially the Follen Road sewer project, and upon motion of Mr. Finery, sec- onded by Mr. Gay, ijwas voted to authorize construction of the Follen Hill sewer project with Town help. Mr. Burns referred to the petition and letter from Swenson Bros. relative to Clematis Brook, and presented a profile of the entire<'brook. He said that he had travelled the brook and also tat ked with Mr. Swenson's superintendent. He said that there are 2400/ on Swenson/8 land which should be cleaned to Clematis properly take care of Waltham Street. He asked if Brook Mr. Swenson would be satisfied if the water left the side trenches and ran back to Stedman Road and he said that he would go along with that much for now. Mr. Burns estimated the cost. for the entire project as being between $1500 and $2000. Mr. Emery asked if, from a legal point of Itiew, the Town had any obligation and Mr. Burns replied in the affirmative, explaining that the Town dumps water from Waltham Street, Bridge Street, Farmcrest Avenub and Brookside Avenue. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Superintendent of Public Works to use his own discretion in correcting the ex- isting drainage problem at this area. At 9:50 P. M. the follrwing nembers of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Couette, Irwin, Johnson, Potter and Ripley. A lengthy discussion was held relative to the en- forcement of the Zoning By-law and the group retired at 10:25 P.M. 1'he Chairman read a letter from Harold J. Toole, Director of Water Division and Chief Water Supply En- gineer, of the Metropolitan District Commission, stat- ing that the Commission,is considering the advisability of increasing the fluoride content of the water supply. The Commission would like to know tnether or not Lexington is in favor of initiating such a program. Mr. Burns stated that this subject has been discussed at ten or fifteen water works meetings and it is no longer in the stage of experimentation. In general it has been very effective in reducing tooth decay. Fluoride cone- tent on-tent of M.D.C. water 1 1 Mr. Emery said that he did not feel in a posi- tion to vote either, way inasmuch as he does not know enough about the subject. No action was taken. ,The Chairman read a letter from Mr. -J. H. Gardner, 73 Huntington Road, Arlington. Mr. Gard- ner has purchased a house from the Kelchester Real- ty Trust, located at 343 Woburn Street, and is pres- sing for delivery of the house by May 15th. He asked that the Board investigate and find out why the water cannot be installed by that date. The Board agreed to leave the matter to the dis- eretion of the Superintendent of Public Works. The Chairman read a letter from Mr. Converse Hill of Brewer & Lord, relative to bringing the 1946 insurance appraisal up to date. It was suggested Insurance that this be held over until the next meeting of the appraisal Board. 435 Request for water The Chairman read a letter from the Bedford Board of Selectmen relative to connecting the Bedford police two-way radio system with the Lexington police two-way radio system. The Chairman agreed to discuss the subject with Chief Rycroft. Letter was received from the Veterans of Foreign V.F.W. Wars requesting permission to conduct the organizationts Poppy annual Poppy Drive on May 25th and 26th. Drive Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the request. Further consideration was given to the letter re- ceived last week from the Veterans of Foreign Wars relative to a popcorn stand location of April 19th. V.F.W. The Chairman reported that he had conferred with the popcorn Chief of Police and it is his suggestion that the•pro- stand posed stand be located at the triangle at Hancock, Bedford and Elm Streets. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to authorize the Veterans of Foreign Wars to operate a popcorn stand April 19th at the location suggested by Chief Ry'croft. Letter was received from Robert A. Custance, on behalf of the Order of DeMolay, requesting permission .'or six boys to sell ice cream on the 19th of April on Massachusetts Avenue between Gratt Street and Slocum Road; the boys to use shoulder boxes. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the request. 436 Application was received from Dr. Leonard V. i ort, on behalf of the Lexington -Arlington Doc- tor's Club, requesting the use of,Estabrook Hall on the evening of May 8th for the purpose of showing films in connection with Civilian Defense. Mr. Gay.moved that the use of the hall be granted free of charge. Mr. Emery seconded the motion and it was so voted. Application was received from the Lexington Boys, Club for permission to conduct a Directors, meetin in a Conference room on the evening of May 16th. The Clerk reminded the Board that the First karish Church has engaged Cary Hall for an antique sale at t he rate of $35 for that day and evening. The Chairman agreed to contact Mr. Maloney, Direc- tor of the Boys, Club, and arrange to have the meeting held elsewhere. Upon motion it was voted to approve of Mr. Gay, seconded by Mr. Every, the following licenses: Lexington Theatre Countryside Associates Lexington Cab Company Corner Variety Store Walter M. Garland, Jr. 1794 Mass. Ave.. Lowell St. 11 Depot Square 856 Mass. Ave. 272 Lowell St. The meeting adjourned at A true record, Attest; 10:55 P.M. Sunday.Movies Sunday Golf Public Carriages Common Victualler Pedley 1 1 437 SELECTMEN'S MEETING April 23, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Buil- ding on Monday evening, April 23, 1951 at 7:00'P.M. Chairman Nickerson, Messrs. Every, Gay, and Hoyt were present. Mr. Burns, Suptt. of Public Works, and the Clerk were also present. Mr. Driscoll ar- rived at 7:40 P.M. Hearing was declared open upon the petition of the New. England Telephone and Telegraph Com- pany and the Boston Edison Company for joint pole locations on Hill Street. The plan of the proposed .locations had been submitted to and approved by Mr. Burns. MrPaul Hanson was the only person present at. the hearing, and he said that he would like to Pole inquire about the location. The Chairman showed Location him the blueprint submitted with the petition and he said that he had no objection. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order for the following locations: Hill Street approximately 60 feet south of Diana Lane, One (1) pole. Hill Street, northerly from Diana Lane, Two (2) poles. Mr. Hanson retired at 7:12 P.M. Hearing was declared open upon the petition of the New England Telephone and Telegraph Company and the Boston Edison Company for joint pole loca- tions on Maple Street. The plan of the proposed locations had been submitted to and approved by Mr. Burns. No persons were present in favor or in opposition. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to approve the petition and sign the order for the following locations: Maple Street, southwesterly from a point approximately 465 feet southwest of Lowell Street, Six (6) poles. The Chairman read a letter'f rom Thomas F. Con- nors, 2151 Massachusetts Avenue, requesting replace- ment of the present gravel sidewalk in front of his property. 438 Connors Sidewalk N.E. Tel. & Tel. conduit locations Mr. Burns explained that he had instructed Mr. Connors to write to the Board if he wanted the sidewalk constructed under the Betterment Act. He said that he would personally like to see this done as the water now washes down onto Mr. Rosenbergts lawn. The Chairman asked if the damage caused by material washing down is over for this spring and mr. Burns replied that every time it rains Mr. Rosen- berg. complains. He said that it will cost between $200 and $250. . Upon motion of Mr. Hoyt, seconded by ter. Gay, it was voted to authorize the Supt. of Public Works to use his discretion as to whether or not he has the facilities and wants to install the sidewalk. Mr. Stevens arrived at the meeting at 7835 P.M. Petition and orders from the New England Telephone and Telegraph Company for permission to locate under- ground conduits on Bedford and Revere Streets were held over from the last meeting. Mr. EMery sgggested, and the Board agreed, that the Chairman write Mr. Long, representative of the Company, and urge the installation of underground conduits on Locust Avenue. Upon motion of Mr. Emery, seconded by Mr._ Driscoll, it was voted to approve the following proposed under- ground locations: Bedford Street - from a point approximately 58 feet from the northeast intersecting curb line of Puller Road (should be Harding Road) north- westerly and• southeasterly (to J.0. pole #6/56), approximately 80 feet underground connection. Revere Sjreet — from pole #83/12, located on the southeasterly side, approximately 1250 feet, northeasterly from Bedford Street, northwesterly and northeasterly to pole #83/14, approximately 255 feet underground syphon connection. Bedford St. & Revere Street - from the intersection of BeBfm d St., northeasterly to the easterly side of Revere St. (to J.O. pole#83/2), approximately 125 feet underground connection. Mr. Stevens reported on the procedure, as outlined to him by the County Commissioners, relative to the petition for the relocation and specific repairs of Paul Revere Road. The petition was returned inasmuch as it did not have the required number of signatures. 1 489 Mr. Stevensr eferred to his letter of April 18th to the Board relative to the contract for the purchase of a new ambulance. He telephoned the Credit Manager of the Meteor Sales of New England and he is agreeable to striking out paragraphs 2 and 6 of the conditions set forth on the back of the order. He instructed the Chairman to initial all changes. The Clerk reported three suggested inclusions made by Mr. Fitzgerald and the Chairman agreed to discuss them with Mr.. Sullivan, Sales Manager. Messrs. Burns and Stevens retired at 8:18 P.M. Mr. James Harrison, 25 Freeman Street,.•Arlington, met with the Board relative to Lot 20 Rangeway Street. Me explained that he had purchased Lot 21 on Hillcrest Street and now finds the land filledwdth ledge, there- Tax title by.making it necessary for him to relocate his house property which he cannot do unless he acquires Lot 20, Range way. He said that the price the Board is asking is more than he can afford to pay. The Chairman explained that there is a water betterment assessment against Lot 20 and suggested that Mr. Harrison make an offer for the Board's consideration. Mr. Harrison said that if the price is $250 he will have to let the lot he now owns go for taxes. He said that he would make a verbal offer of $125, but that he could not possibly pay the betterment assessment. Mr. Gay explained that the betterment could be apportioned over a period of ten years. The Chairman suggested that Mr. Harrison think the matter over and then submit an offer to the Board in writing. Mr. Harrison retired at 8:35 P.M. Letter was received from the Board of Fire Com- missioners advising that the Mack Fire Truck (Engine 2) has been inspected by them and it meets all spec- ifications as bid. An underwriters' test was g iven the new engine and it passed all tests given and is accepted by the Board of Fire Commissioners. Upon motion of Mr. Gay, seconded by Mr. Fnery, it was voted that the new Mack Type 95 - 1000 gallon triple combination pumper be accepted and payment made. Mr. and Mrs. 2ubowitch, 86 Oak Street, met with the Board. He said that he has been advised that he cannot get *later to build on a parcel of land on Spring Street, on th ich he has an option, and he would like an explanation. New Mack Fire Truck 440 The Chairman explained that water'is not avail- able at every place and asked who advised him. He re- plied that it was Mr. Burns and the Chairman invited Mr. Burns to return to the meeting. The Chairman explained that at the annual Tome Meeting in March funds are appropriated for water extensions for the coming year and there is a certain amount of play in the budgets but very little. Mr. Burns explained that the hydrant is right at the end of the line and that is as far. es the water goes. He explained that the distance is something between 300 and 500 feet. The Chairman stated that there are a number of regxests on file for the entire year and when a request such as this is received it has to take its place on the list. He asked if Mr. Zubowitch had made a formal application and he replied in the negative. The Chairman recommended that either Mr. Zubowitch or the owner of the property write a let -Ler to Mr.. Burns requesting water for that particular property and then it will pe given consideration. Mr. Finery asked if Mr. Zubowitch understood that if he wrote the letter that he would get the water right away and Mr. Zubowitch said that he understood he would have to take his place on the list. Mr. and Mrs. Zubowitch retired at 8:55 P.M. Mr. Burns also retired. Letter was received from the Collector of Taxes to which was attached a list of unpaid ambulance charges for the years 1942 through 1946. Mr. Gay suggested thatthe charges be abated and Unpaid that the Collector be instructed to use more prompt ambulance.. methods of collection in the future. charges Mr. Emery said that he was not in favor of abating them without first discussing the subject with Tbwn Counsel. It was agreed to have the Chairman.contact Town Counsel and if he rules the charges to be outlawed, there is no alternative but to abate them. Letter was received from the Board of Appeals advising that the contractor engaged in the removal of gravel from a gravel bank at 87 Cary Avenue has agreed to operate the trucks at a reasonable and proper speed. It was suggested that the Police Department make certain that the traffic laws in this area are enforced. The Clerk was instructed to forward a copy of the letter to .the Chief of Police. Application was received from the Lexington Field and Garden Club requesting permission to hold a meeting in Estabrook Hall on May 28, 1951 from 7:30 P.m. until 10:00 P.M. 1 Upon motion of Mr. Gay, seconded by Mr..Hoyt, it was voted that the use of the hall be granted free of charge. Upon motion of Mr. Gay, seconded by Mr. Emery, it wes v oted to grant the following licenses: Lexington Bowladrome, Inc. 1698 tt it T( Louis Kraft Village Variety Countryside Associates Lexington Theatre, Inc. Mass. Ave. N N 316 Marrett Rd 93 Mass. Ave. Lowell St. 1794 Mass. Ave. 441 Use of hall Sunday Bowling(Renew.) Bowling N • Sunday Sales Sunday Sales Sunday Golf Sunday Movies The Chairman reported that Mrs. Frederic K. Johnson had called him requesting permission, on behalf of the Cancer Fund Drive, to place posters on the parking meters. The Board felt that if this is granted, it might encourage other organizations to make similar requests. Therefore upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to deny the request. Further consideration was given to Mrs. Rhoda's salary, as part-time clerk in the Accounting Department. The subject was considered in detail and upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to authorize an increase of 10% effective this week. Mr. Emery did not wish to be recorded as voting. The meeting adjourned at 10:00 P.M. A true record, Attest: n M Rhoda's salary 442 Kinneen Pond Project Clay sewer Pipe Paul Revere Rd. hearing Nellie M. Mason Legacy SELECTMEN'S MEETING April 30, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington on Monday evening, April 30, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, and Hoyt were present. Mr. Burns, Suptt. of Public "orfs, and the Clerk were also present. Mr. Driscoll arrived at 7:30 P.M. Mr. Burns reported on the progress of the Kin- neen Pond project and informed the Board that he will need epproximately 300 or 400 more yards of loam to complete the project, including banks and everything. He explained that he will need about $150. The subject was discussedat length and Mr. Hoyt suggested finishing the work with available funds and then requesting prices for the backstop. Mr. Stevens arrived at 7:25 P.M. Mr. Gay suggested securing bids on the backstop without wings and roof. Upon motion of Mr. Gay, seconded by '"Ir. Hoyt, it was voted to authorize the Superintendent of Public Works to finish the grading,seeding and to obtain prices on different types of backstops. Mr. Burns reported that he had received prices, for clay sewer pipe, from Waldo Brothers and the Lexington Lumber Company. The discounts allowed are the same and there is a difference of .0071 in the bids. He recommended purchasing 2 carloads of 8" and 1 carload of 6" from the Lexington Lumber Company and 1 carload of 8" from Waldo Brothers. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to authorize, the Superintendent of Public Works to purchase the pipe as recommended by him. Letter was received from the County Commissioners advising that a hearing relative to specific repairs of Paul Revere Road will be helloglt the Commissioners' Office on Friday, May 18th at 10:30 a.m. The Chairman read a letter from Mr. Potter, Chair- man of the Cemetery Commissioners, relative to a check of $300 deposited with the Town Clerk. The money was received from the estate of #ellie M. Mason, to be used for special care of lot No. 49 and the monument in the Bacon Lot, part of Munroe Cemiemtery. MrG Potter explained in his letter, that, prior to her deatt, Miss Mason made arrangements to have work done on her lot and paid a portion of the cost. Apparently she made provisions in her will to pay the balance and he questioned whether or not it is necessary to have the money aecppted by vote of the Town. 1 1 Mr. Stevens said that, according to the informa- tion contained in Mr. Carroll's letter of April 20th, he does think this money has to be accepted by the Town; but should be credited to the Perpetual Care Fund. Mr. Stevens informed the Board that he had prepared Exercise of Option documents in connection with certain parcels of land to be purchased for elementary school sites. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to exercise the options obtained from Robert L. Innis, dated January 31, 1951.; J¢hn L. Kelly et al, Trustees of the Kelchester Realty Trust, dated on or about March 17, 1951 and Francis Thompson and Hugh Thompson, dated March 16, 1951. Mr. John J. Sullivan, salesman of the Meteor Sales of New England, and Mr. William Fitzgerald met with the Board relative to the new ambulance. The Chairman asked if the Board wished to pass a vote accepting the ambulance and upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to accept the 1951 Meteor Cadillac Ambulance (motor No. 5186- 13639; Serial No. 51084). Mr. Sullivan explained that the transfer of registration will be taken care of in the morning and that the old ambulance remains town property until the transfer is completed at the Registry. He ex- plained that, as far as a receipt for the old ambulance is coneerned, it will be a matter of Mr. Sullivan signing a receipt, and that he would give it to Deputy Chief Cook in the morning. Mr. Sullivan informed the Board that unless the new ambulance is serviced by a Cadillac dealer the warranty will become void. Mr. Driscoll suggested that the Board of Fire Commissioners determine where the ambulance is to be serviced. Messrs. Sullivan and Fitzgerald retired at 8:20 P.M. Mr. Leonard Jellis met with the Board to discuss again the water betterment assessment levied against his property on Reed Street. He said that he was surprised that the Board turned him down and he does not think he is being used equalto other citizens of the Town. He stated that his land does not abut the street whete the pipe was put in and he can't under- stand how the Town can bill him. The Chairman explained that the Board's decision was not made hurriedly or inadvisedly. he stated that some cases can be decided on technical or legal merits and others come in quite different categories. 443 Elementary School Sites Options 1951 Meteor Cadillac Ambulance Jellis water betterment assessment 444 He said that Mr. Jellis knows the situation here is definitely a peculiar one, and that Mr. Jellis purchased the property and built his house aware of the situation. He said that the Board does not consider the cost excessive and that the request for water was taken care of with reasonable speed. Mr. Jellis said that if the Town records had been correct there would have been no need of placing the 6" main. He stated that it cost him $150 to take the pipe from Reed Street to his house and that he does not abut the section of Reed Street where the water main was placed so he questioned the assessment. Mr. Stevens explained that the theory is not that a piece of property abuts on the street, but it is that the property receives advantage other that the advantage accruing- to the Town as a whole. Be said that this main was extended in order to give Mr. Jellis water and there seems to be no question but that his property was benefitted. Mr. Jellis asked if the piece of land between his property and the new location of Reed Street would be taken for nonpayment of taxes if the taxes were not paid and Mr. Stevens said that it would be if it were assessed. Mr. Jellis said that if the Town takes the land as tax title property he would be willing to pay for it in order to clear up the situation. Mr. Stevens stated that he does not think it has been assessed because he supposed it was not thought by the Assessors to have any value. Mr. Jellis said that he wants the Town to do something about this piece of property and give him an opportunity to purchase.it. Mr. Stevens suggested that the triangular piece of property should be owned by Mr. Jellis or Mr. Cooper and then old Reed Street abandoned. He said that some- thing might be worked out with the attorney for the bank who holds the mortgage. Ile said he thought there was some merit in studying this and that he would be glad to look into it. The Chairman said that this is something separate from the betterment assessment and as far as the Board is concerned it still feels the same as before and does not want to make any change in the assessment. He explained that Mr. Stevens is extremely busy at the dir- ection of the Board and he wanted to make it very clear to Mr. Jellis that straightening out the situation6s far as the triangle is concerned will have to wait until Mr. Stevens has the time to do it. Mr. Jellis said that in the meantime he will let the water betterment go on a yearly basis and the Chairman said that the method of paying the assessment is entirely up to Mr. Jellis. Messrs. Jellis and Stevens retired at 8:40 P.M. cc 1 1 Mr. Stevens said that, according to the informa- tion contained in Mr. Carroll's letter of April 20th, he does think this money has to be accepted by the Town, but should be credited to the Perpetual Care Fund. Mr. Stevens informed the Board that he had prepared Exercise of Option documents in connection with certain parcels of land to be purchased for elementary school sites. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to exercise the options obtained from Robert L. Innis, dated January 31, 1951; J¢hn L. Kelly et al, Trustees of the KelchestEr Realty Trust, dated on or about March 17, 1951 and Francis Thompson and Hugh Thompson, dated March 16, 1951. Mr. John J. Sullivan, salesman of the Meteor Sales of New England, and Mr. William Fitzgerald met with the Board relative to the new ambulance. The Chairman asked if the Board wished to pass a vote accepting the ambulance and upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to accept the 1951 Meteor Cadillac Ambulance (motor No. 5186- 13639; Serial No. 51084). Mr. Sullivan explained that the transfer of registration will be taken care of in the morning and that the old ambulance remains town property until the transfer is completed at the Registry. He ex- plained that, as far aa a receipt for the old ambulance is coneerned, it will be a matter of Mr. Sullivan signing a receipt, and that he would give it to Deputy Chief Cook in the manning. Mr. Sullivan informed the Board that unless the new ambulance is serviced by a Cadillac dealBr the warranty will become void. Mr. Driscoll suggested that the Board of Fire Commissioners determine where the ambulance is to be serviced. Messrs. Sullivan and Fitzgerald retired at 8:20 P.M. Mr. Leonard Jellis met with the Board to discuss again the water betterment assessment levied against his property on Reed Street. He said that he was surprised that the Board turned him down and he does not think he is being used equalto other citizens of the Town. He stated that his land does not abut the street where the pipe was put in and he can't under- stand how the Town can bill him. The Chairman explained that the Board's decision was not made hurriedly or inadvisedly. He stated that some cases can be decided on technical or legal merits and others come in quite different categories. 443 Elementary School Sites Options 1951 Meteor Cadillac Ambulance Jellis water betterment assessment 444 He said that Mr. Jellis knows the situation here is definitely a peculiar one, and that Mr. Jellis purchased the property and built his house aware of the situation. He said that the Board does not consider the cost excessive and that the request for water was taken care of with reasonable speed. Mr. Jellis said that if the Town records had been correct there would have been no need of placing the 6" main. He stated that it cost him *150 to take the pipe from Reed Street to his house and that he does not abut the section of Reed Street where the water main was placed so he questioned the assessment. Mr. Stevens explained that the theory is not that a piece of property abuts on the street, but it is that the property receives advantage other that the:.advantage accruing• to the Town as a whole. Be said that this main was extended in order to give Mr. Jellis water and there seems to be no question but that his property was benefitted. Mr. Jellis asked if the piece of land between his property and the new location of Reed Street would be taken for nonpayment of taxes if the taxes were not paid and Mr. Stevens said that it would be if it were assessed. Mr. Jellis said that if the Town takes the land as tax title property he would be willing to pay for it in order to clear up the situation. Mr. Stevens stated that he does not think it has been assessed because he supposed it was not thought by the Assessors to have any value. Mr. Jellis said that he wants the Town to do something about this piece of property and give him an opportunity to purchase.it. Mr. Stevens suggested that the triangular piece of property should be owned by Mr. Jellis or Mr. Cooper and then old Reed Street abanddned. He said that some- thing might be worked out with the attorney for the bank who holds the mortgage. Ile said he thought there was some merit in studying this and that he would be glad to look into it. The Chairman said that this is something separate from the betterment assessment and as far as the Board is concerned it still feels the same as before and does not want to make any change in the assessment. He explained that Mr. Stevens is extremely busy at the dir- ection of the Board and he wanted to make it very clear to Mr. Jellis that straightening out the .situatior s far as the triangle is concerned will have to wait until Mr. Stevens has the time to do it. Mr. Jellis said that in the meantime he will let the water betterment go on a yearly basis and the Chairman said that the method of paying the assessment is entirely up to Mr. Jellis. Messrs. Jellis and Stevens retired at 8:40 P.M. 1 1 The Clerk left the meeting and Mr. E. A. Lindstrom, Building and Plumbing Inspector met with the Board. He retired at 10:10 P.M. and the Clerk returned to the meeting. The Chairman reported on his conversation with Mr. Converse Hill relative to An appraisal of the Town Buildings for insurance purposes and it was agreed to consider the matter before the warrant is drawn for the next Annual Town Meeting. Further consideration was given to Miss Thompson's letter of April 20th with reference to uncollected ambulance bills. Town Counsel advised Ambulance the Chairman that charges over six years old are Bills outlawed legally. The Chairman was authorized to advise the Tax Collector to put through abat#ients for the ambulance bills 1942 through 1945 inclusive. It was the opinion of the Board that the Tax Col- lector should follow through on the 1946 bills by placing them in the hands of the Deputy Collector4 The Chairman was also authorized to confer with 4'lan Adams relative to printing something in the Minute Man relative to the use and charges for the ambulance. 445 Insurance Appraisal Letter was received from H. Webster Thomas, Director of Civil Defenee, explaining in detail the power requirements, installation, etc. required for Civil C.D. Communications Center. Additional information Defense was also given relative to equipment for radiological Comm. Center monitoring. Upon motion of Mr. Finery, seconded by 4r. Gay, it was voted to authorize.:' the purchase of four in- struments for radiological monitoring at a total cost of $250. It was further voted to authorize the use of the second floor Conference Room at the Cary Memorial Building for C. D. Communications Center. Application was received from Edward J. Cronin, Secretary of State, on b ehalf of Axel Sorensen, 117 Bedford Street who has applied for a certificate of Cert. of incorporation. A satisfactory character reference Inc. was received from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to certify Mr. Sorensen's character. Application was received from Edward J. Cronin, Secretary of State, on behalf of David F. Toomey, Jr., 1061 Massachusetts Avenue who has applied for a certificate of incorporation. A satisfactory character reference was received from the Chief of Police. 446 Cert. of Inc. Election of member to Retirement Board Taxtitle property Taxtitle property Licenses Sewer Orders Juror Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to certify Mr. Toomey's character. The Chairman read a letter from the Board of Retirement advising that Wallace C. Weisinger's term as a member of the Board will expire July 1st. ....Mr. Emery moved that the Secretary of the Board of Retirement be requested to follow the usual procedure using an official Ballot. Mr. Hoyt seconded the motion and it was so voted. The Chairman agreed to discuss the subject with the Superintendent of Public Works, Mr. Burns. Letter was received from John J. Oliveri, 28 Pembroke Street, Chelsea, offering $250 for Lot 215 Spring Street. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to entertain an offer of $400. Letter was received from Lee E. Tarbox, offering $50 each or $100 plus water betterment assessment for Lots 14 and 15, Block 17, Reed Street. The Clerk was instructed to refer the letter to the Committee on Tax Title Property for report. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Corner Variety Store 856 Countyrside Associates Lexington Theatre, Inc. 1794 Theron H. Gough 451 Mass. Ave. Lowell St. Mass. Ave. Concord Ave Sunday Sales Golf " Movies Peddler Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sign the following Sewer Drders: Fallen Road. Manning Street, Hill Street, Milk Street, Bedford Street, Locust Avenue, Lexington Avenue, and Marrett Hoad. (Copy of Orders on file in Selectmen's files - 1951 Sewer Drders) Mr. John F. Daniels, tool mechanic, 84 Bertwell Road, was drawn for jury duty. The meeting adjourned at 11:04 P.M. A true record, Attest' 1 SELECTMEN'S MEETING May 7, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, on Monday evening, May 7, 1951 at 7:00 p.m. Chairman Nickerson, Messrs. Emery, Driscoll and Hoyt were present. The Clerk was also present and Mr. Gay arrived at 9:03 p.m. Mr. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. William C. Meehan, painter, 182 Waltham Street was drawn and Mr. Carroll retired. Mr. Alan G. Adams met with,.the Board and sug- gested that some publicity be given to the procedure, required by law relative to the Jury List now being prepared. The board was in favor of the suggestion and it was agreed to have Mr. Adams assume the respon- sibility for having something printed on the subject. Mr. Adams retired at 7:15 p.m. and Mr. Burns, Supt. of public Works, met with die Hoard. He reported that he has analyzed all the bids received Friday for sundry sewers. The prices, ad- ditions, etc. appear to be correct. He discussed the low bid submitted by Richard White Sons, Inc. and stated that he would give it to Mr. Stevens for study and approval. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to accept the low bid, submitted by Richard White Sons, Inc., in the amount of *26,694.73, for the constructioncf sewers in Bedford, Mill, Manning, and Hill streets. Mr., Burns requested permission to purchase a trailer for the striping machine and explained that the trailer was included in the price when the machine was purchased but he does not know why it was never purchased. He said that last year one man almost broke his back lifting the machine from the truck and this year another man has been out eight or nine weeks from injury received when lifting the machine. He said that the best and cheapest unit he is able to obtain will cost $145. Upon mdtion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to authorize the Supt. of Public Works to purchase a trailer for the striping machinb, at a cost not to exceed $145; this amount to be charged to the Road Machinery Account. 447 Juror Sewer contract awarded to White Trailer for striping machine 448 Mr. Burns told the Board that Mr. Leonard Dellis, Fx. would like to purchase a lathe from the Public Works Department and offered $100 for it. He explained that the lathe was purchased in 1943 or 1944 to be used in the meter room, but it has not been used very much and is just stored at the barn. He explained that the lathe cost $100 when purchased and he doubts that it will be used, but he is neither for nor opposed to selling it to Mr. Jellis. Mr. Burns stated that the meters are now sent to the manufacturer for repair at a cost of about $4.00 and it costs between $7.00 and $8.00 for the Town to repair them. It was. suggested that possibly the Fire Department or the school Department might have some use for the lathe. Mr. Burns was aksed to assume the initiative and contact both Departments to determine whether or not the lathe would be of any use to them and if not, to contact the company from which it was purchased. Mr. Stevens arrived at 7:45 p.m. He said that the first item on his list is a veteran's lot owned by Mr. Hutt who purchased it in 1948. One of the restrictions was that the building Hutt to be constructed must be approved by the Planning Veteran Board and completed within a period of two years, and Lot also that the lot could not be sold within a period of two years. Mr. Hutt purchased a lot on Colony Road from Mr. Baskin and does not intend to use the veteran's lot. Mr. Baskin is willing to take the veteran's lot as part payment of the Colony Road lot. However, Mr. Stevens told Mr. Hutt that he did not think the Board would be interested in such a transaction. He recommended that the Board vote to take a deed back from Mr. Hutt and pay him $300 from the Sale of Lots Fund. Upon motion of Mr. Finery, seconded by Mr. Driscoll, it was voted to accept a dedd from Mr. Hutt for the veteran's lot purchased by him in 1948 and to pay him $300; this amount to be charged to the Sale of Lots Fund. Union The Chairman read a letter from Mr. Stevens in vvh ich he referred to the letter received by the Board from the Town Hnployees Union, No. 1322. The subject was discussed and it was decided to advise the group that the present Board of Selectmen is not in favor of recognizing the Union, because, in ,fits opion, it would hot be in the best interest of the town. The Chairman was authorized to sign the letter drafted by Town Counsel, with a few changes, and mail it to the President of the local Union. Mr. Stevens retired at 8:25 p.m. Mr. Burns discussed the water main extensions for 1951 and informed the Board that he had checked last year's list and it appears that there are not too many items left. czn 1 He explained that he has added Fair Oaks Drive to the list. He said that if the 12" line in Waltham Street is connected by the end of the summer it will improve conditions a great deal on the hill, but Fair Oaks Terrace will still be bad. He said that if there are not too many requests and he has money left he would like to do this job. Mr. Burns stated that he has also added Stedman Street which connects Farmct and Brookside Avenue, because at intervals of two and three times a week all during the winter and spring he has had to open the line to clear the water. It rusts, tastes and has an odor. He said, however, that he would discuss this particular project with Town Counsel before doing anything about it,:-and that the project will cost between $2,000 and $3,000 net. The Chairman said that the Board would visit the proposed location some Saturday morning and keep it in mind. Mr. Burns stated that he has enough 6" and 12 " pipe, but that he may run short on 8". However, he will not need to purchase any pipe at the present time. Mr. William McKee's request for the installation of sewer and water main to service #'7 Hayes Lane was held over from the last meeting. Mr. Burns informed the Board that it will require 150 feet of sewer pipe and cost between $1200 and $1500 and that the Town will receive only about $300 or $400. The Chairman was authorized to acknowledge the request and advise Mr. McKee that no commitment can be made at the present time because of the amount of work already laid out and to further advise him that funds have not been provided for anything in the future. The Chairman read a letter from the Lexington Golf Club requesting permission to attach designation markers to three street signs to show the direction to the Golf Club. The locations mentioned were: Corner of Cedar Street and Mass. Ave., corner of Cedar Street and Hill Street, corner of Bedford and Hill streets. The Board was in favor of granting the request insofar as the corner of Massachusetts Avenue and Cedar Street and Bedford and Hill Streets are concerned. However, there is no street sign at the intersection of Cedar and Hill Streets and therefore the Board agreed that the Club would have to pay for furnishing and installing a post or pole to support the sign at this intersection. Mr. Burns retired at 9:03 p.m. 449 Water main extensions. Request for water and sewer on Hayes Lane Golf Club Markers on street signs 450 Bedford- Lexington edford- Lexington two-way radio Tax title property Resignation Uses of halls Transfer Letter was received from Chief Rycroft with reference to Bedford being connected with Lexington's two-way radio system.. The stepped up transmitter mentioned in a previous letter from the Chief referred to the type to be tried out in the Bedford cruiser at Bedford's expense. The Chairman was authorized to instruct the Chief to carry on his negotiations with Bedford, make an estimate of the cost and submit it to the Board if Bedford desires to follow through on the connection. Further consideration was given to Lee Tarbox offer of $50 each or $100 plus water betterment assess- ment for lots 14 and 15, Block 17, Reed Street. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to entertain an offer of $20o plus $75.40, the amount of the water betterment assessment. The Chairman read a letter from William M. Hall advising that personal reasons make it advisable for him to resign asa member of the Appropriation Committee. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the following uses of halls Minute Man Council Girl Scouts Cary Court of Awards free St. Brigid's Flower Guild Estabrook Lecture $10 Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Walter J. Rose F. B. Hubley Ralph J. White Benjamin W. Berman Peter F. Mtlley (Foss) Lexington 'Theatre Countryside Associates Chester W. Fillmore Public Carriage Antique Store Junk a Sunday Sales Sunday Movies Sunday Golf reddler (renew) new renew n u .n Bill was received from the Somerville Printing Company for printing the 1950 Town Report. The approp- riation of $1200 is not sufficient to pay the bill and upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer the sum of $168.19 from the Reserve Fund. Proposed jurors to be added to the 1951 Jury List were approved with the exception of one name which w as removed. Mr. Garrity, Sup_'t. of Park and Shade Tree Division, left a bid with the `hairman for airplane spraying in the town. Crp 1 1 The only bid received was from the F. A. Bartlett Tree Expert Co. in the amount of $624. Upon motion of Mr. 'Emery, seconded by Mr. Hoyt, it was voted to accept the bid providing it is substantially in accordance with the amount approved in the 1951 budget. The meeting adjourned at 10:05 p.m. A true record, Attest: 451 Airplane spraying 452 Change in Water Dept. billing system Taxtitle property Grapevine Avenue SELECTMEN'S MEETING May 14, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, May 14, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Driscoll, Hoyt and Gay were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Harold E. Stevens, Town Counsel, arrived at 7:40 p.m. Mr. Burns discussed in detail proposed changes in the system of operating the Water Department which he believes, if adopted, will prove to be more efficient. In connection with a possible change, he requested permission to engage the Registrar in charge of the Water Department in the Town of Arlington to set up a system in Lexington for which he will charge approx- imately $200. His assistance will include preparing routes for the meter reader, new system of numbering, lettering, etc. Mr. Burns explained that he will have to ask George Harrington to work with the Registrar for a few nights and have one of the girls in the office help during the day. He said that the only additional cost at this particular time will be for new cards and he thought $500 would be ample, which would include the Registrar's fee. Mr. Burns also discussed the present system of posting accounts and explained the work in the Water Department and also the work in the Tax Collector's Office insofar as posting water accounts is concerned. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to authorize the Superintendent of Public Works to adopt the over-all measures outlined by him with the exception of any reference or change in the work as now done by the Tax Collector. Mr. Stevens reported that he had called Mr. Daniel W. Birmingham relative to his offer to purchase Lot 64 Grapevine Avenue. Mr. Birmingham is no longer interested and Mr. Stevens submitted a letter signed by him to that effect. Insofar as Lot 66, Grapevine Avenue, is concerned the Board authorized Mr. Stevens to contact Mr. Crowley, vho made an offer in 1950, that in view of the lapse of time the Board has not arrived at a decision as to what action is to be taken at this time. The Clerk was instructed to bring the subject up again next Monday night. Mr. Stevens presented an original and two copies of thecontract between the Town of Lexington and Richard White Sons, Inc. for the construction of sewers in Bedford, Mill, Manning and Hill streets. 1 Upon motion of Mr. Briery, seconded by Mr. Gay, it was voted to sign the contract approved by Town Counsel. The original and two copies were all taken by Mr. Burns. Messrs. Harvey A. Smith, Sr. and his son, Harvey, Jr. met with the Board at 8:20 p.m. Mr. Smith said that he wantedhisson to tell the Board about his experience when, due to an accident, it was necessary for him to use the Town ambulance. Harvey, Jr. explained that after the accident occured the ambulance arrived and up to that time he had been bleeding very badly. Ilhen the attendants arrived with the ambulance they did nothing to stop the bleeding, and he said that evidently they did not know how to. He said that if his injury had been any worse he would have died as the men were not prepared to take care of his case. The Chairman explained that Lexington is a small town and has been a small town, but is now growing very rOpidly. Up to this time there has been no reason to assign anyone to the ambulance who would be trained to handle such an emergency. He explained that trained personnel would be an added expense to the town. Mr. Smith, Sr. said that his complaint was to see that in the future the service is improved. The Chairman stated that an endeavor would be made to see that the men who take the ambulance out know first aid. The Smiths retired at 8:35 p.m. The Chairman agreed to discuss the subject with the Board of Fire Commissioners. Mr. Stevens retired at 9:20 p.m. The Chairman read a letter from C. H. Fiske, 1155 Mass. Avenue requesting extension of Marrett Road sewer to service his house. Mr. Burns explained that it will require about 150 feet, at $10 per foot to extend the Follen Hill sewer to take care of Mr. Fiske's house. He said that if funds are available when the project is completed it may be possible to consider this request. The "hairman read a letter from the State Depart- ment of Public Works relative to advertising Chapter 9.0 projects. Letter was received from Mr. Milne, a new resident, requesting the acceptance of Preston Road. The Chairman agreed to discuss the subject with a Mrs. Evans and took the communication. 453 Sewer Contract Smith complaint re ambulance Fiske request for sewer 454 Tree removal Socony request for removal of tree Resignation of Mr. Thomas as Director- of irectorof Civ. Def. Spraying Contract Cert. Letter was received from Mr. Hill stating that inasmuch as the Board has decided not to have an appraisal made, there should be some ,changes made in the existing policies. Mr. Burns was requested to study the communication and submit a report with his recommendations to the Board at a later meeting. The Chairman read a letter from. Charles A. Golay, 79 School Street, relative to a town tree left on his property. The Clerk informed the Board that she had given Mr. Garrity a copy of this letter and he agrees that the tree is dangerous and should be removed. He plans to take care of it this week. Letter from Socony-Vacuum Oil Company requesting the removal of a tree on Waltham Street, near the side- walk entrance to the service station,was held over from last week. The majority of the members of the Board had vis- ited the location acid upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to deny the request to have the tree removed. Mr. Burnsietired at 10;80 p.m. Letter was received from H. Webster Thomas, resigning as Director of Civil Defense, effective not later than June 1st. The Board agreed, under the cir- cumstances as outlined in Mr. Thomas' letter, to accept the resignation and invite Mr. Thomas to attend the Selectmen's meeting next Monday night to discussthe subject. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign a contract in duplicate between the Town of Lexington and the F. A. Bartlett Tree Expe3It Co. for helicopter spraying, providing the contract is approved by Town Counsel. Notice was received from the Secretary of the Com of Inc. monwealth relative to Andrew Towl, 10 Washington Street, Lexington, who has applied for a certificate of incorporation. Satisfactory character reference was received from the Chief of Police. Upon motion of fly'. Gay, seconded by Mr. Driscoll, it was voted to sign the application. Letter was received from the Town Accountant, with copy of letter from the Town Treasurer adirising that due to an error in the turnover sheet dated November21, 1950, the Excess and Deficiency Account will be decreased by $28,922.04. Cri 1 1 Upon motion of Mr. Gay, seconded by it was voted to grant the following uses free of charge: R. F. Jackson ti fi " " s " Lex. Allied Veterans Conf. Room Estabrook Conf. Room Cary Hall Mr. Hoyt, of halls 455 Uses of halls May 23 4-H Meeting May 24 " " June 14 " " May 30 Memorial Services Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Clarence E. MacPhee 14 Baker Ave. Sunday Sales Countryside Associates Lowell St. " Golf Lex. Theatre, Inc. 1794 Mass. Ave. " Movies The meeting adjourned at 10:25 p.m. A true record, Attest: Licenses 456 Bond water betterment assessment Allen St. (Swenson) SELECTMEN'S MEETING May 21, 1951 A regular meeting of the Board of Selectmen.. was held in the Selectmen's Room, Town Office Building, on Monday evening, May 21, 1951 at 7;00 p.m. Chair- man Nickerson, Messrs. Driscoll and Gay were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Burns discussed the water betterment assess- ment levied against the Bond property on Bennington Road and explained that the land fronts on both Bennington Road and Pelham Road. He stated that an. assessment was levied because there was no record of a water main in Pelham Road. Mr. Bond informed Mr. Harrington, of the Water Department, that there is a main which his father installed privately. Mr. Burns explained that there is no way of telling the size or anything about it. The Chairman agreed to contact Mr. Emery and ask him to request Mr. Bond to write a letter giving the vital statistics or make an appointment with Mr. Burns to meet him. Mr. Burns and explained work, as well are charged to discussed water maintenance charges that all the administration of the Water as the purchase of cards, bills, etc. Water Maintenance. Mr. Burns reported that Mr. Swenson is now in a position where he wants to do something withlis land on Allen Street and is willing to give the Town what- ever land is necessary to make Allen Street into a forty foot street. He is willing to do this now while the land is owned by him -- one ownership. Mr. Burns told him that he would advise the Board. Mr. Burns stated that if the Town makes such a taking he felt the next item would be a request to have the street constructed. For that reason, he merely told Mr. Swenson that he would present the mat- ter to the Board. Mr. Burns said that the proposal is desirable and something that may have to be done some time in the future. At that time the Town will have to negotiate with individual owners. Mr. Burns said that his Department cannot do the drawings and engineerings right away. The Chairman said that Mr. Swenson could be told that if the Town did become party to such a deal, it could not be pushed for time -- that it will take some time. 1 457 The Chairman suggested, and the Board agreed, that Mr. Burns tell Mr. Swenson that the Board is definitely interested and will visit the area again, studythe situation and endeavor to arrive at some conclusion. Mr. Stevens arrived at 7:30 p.m. Mr. Burns said that he received a telephone call from the State with reference to Paul Revere Paul Revere Road and there seems to be some doubt as to whether Road or not the Town wants to proceed with the construction. The Chairman said that there is no doubt in the Board's mind and that this is a project which is to be done. Mr. Burns agreed to so advise the State. Mr. Burns retired at 7:30 p.m. Mr. H. Webster Thomas met with the Board. He said that there are two men in the Civilian Defense organization who would do an excellent job judging from what they have done in the divisions in which they e?re now active. He mentioned Manfred Warren and Fred Newhall, without recommending one more than the. other. He stated that Mr. Warren has done an excellent job in breaking down the districts and procuring good men for the districts. Furthermore, he is in Lexington during so-called business hours. Mr. Thomas explained that he had to work nights with the aid of Mrs. Thomas who did the clerical work. He said that haDing an office with a part-time secretary may be a solution but not in his particular case due to the fact that he is out of town so much. He said that during the last war Mr. Warren was very active and very good in his job and it was for that reason that he asked him to take on responsibilities this time and he has had absolutely no trouble or difficulty. with him. He stated that Mr. Warren has an excellent group of district wardens under him. With reference to Fred Newhall, he said that he also has done a very good job. He. took over in the middle of the organization period because Mr. Sukeforth resigned. He said that from what he has seen of Mr. Newhall's work, he believes he would be a good Director. He said that there are two or three other men in the organization who are good but he questions their ability to organize and ability to get people working. Mr. Thomas explained that there is another possib- ility, which he would not be in a position to judge, and that is to do what other towns are doing -- appoint a fulltime employee of the Town as Director. He would then be under the direct supervision of the Board. 458 Air Corps request for water and sewage disposal Presumably he would be given extra compensation and relief from some of his present duties. Mr. Thomas said that this job, as a volunteer job, falls into an entirely different category than anything he has ever coma in contact with. He said that he thought Lt was going to be continuing for possibly ten years., Mr. Thomas also mentioned Mr. George Graves who is retired End in Town and Mr. Robert Merriam Who did an excellent job in World War II. Mr. Gay asked if the organization were far enough along so that it would not take too much time and Mr. Thomas replied in the negative. Mr. Thomas said that if one of the secretaries in the Town organization were available for stenographic work, etc. it could be done at her convenience within a forty-eight hour period at the present time and would not require a full-time secretary or one who would work afternoons or mornings just for Civil Defense. Mr. Thomas retired at 8:05 p.m. Mr. Alien, representing the Army Air Corps En- gineers, Mr. Paul Howard and Mr. Edwin Howard, of Whit- man & Howard, consulting engineers, and Mr. Burns met with the Board. Mr. Allen explained that they have some laboratories for the Air Corps to be constructed between Wood Street. and the new entrance to the air base. Design money is available and they expect construction money in the next fiscal year, July 1st. He stated that there will be facilities for ultimately 5,000 people and now he is interested in obtaining water and disposal of sewage. They hope to obtain water from the Town of Lexington and maybe tie into the Metropolitan sewer through the Town's sewage system if available, and if not, direct. Otherwise they will have to pump the sewage into the Concord River about three miles away. The stream now at the Base is too small to take any more. He, stated that he is not so much interested in a contract at this time as a basis for a design, but to know whether the Town will be willing to furnish water and a disposal of sewage. He said that they figure about 30 gallons per capita per day for 5,000 people which would be 150,000 gallons per day for an eight to ten hour period. Mr. Allen said that they will have a tank of 5,000 gallon capacity for fire protection and that they are rewired to provide water of 2,000 gallons a minute for a period of two hours for fire protection. They will have their own fire protection system and water line within the government-owned area. He said that what the connections would be with the Town systems would depend on what negotiations can be made. 1 459 He said that there may be afew people living here, but not many as the buildings are just labor- atories. Practically all of the buildings will be in the Town of Lexington, but the land does go into Bedford. Mr. Allen said that he is not in a position to discuss a contract, but requested a meeting with the Board to discuss the subject as it would affect their design. t e Mr. Burns said that/discussion is about something of which he knows very little and he would like to take the time to go into it further. The Chairman explained that the Board is merely listening this evening, and although very much inter- ested, before it could even hazard an answer the group would have to spend more time with Mr. Burns Mr. Allen said that he would like to tie into the 10" water main and also tie into the sewage system as being the simplest solution. He said that he cannot tell how long the buildings will be operated. They will be permanent three-story concrete buildings and will cost about $25,000,000. If started in July they will be completed in about a year and a half. The Chairman stated that the Board will be willing to discuss the subject further at any time. He suggested that the group carry along with Mr. Burns to a point where he can report to the Board. 'Mr. Allen agreed to write Mr. Burns a letter ex- plaining just what the Array Air Corps wants. The group retired at 9:15 p.m. Mr. Burns also retired. Letter was received from Mrs. Florence R. Russell, 7 Oak Street requesting an abatement of the water better- Russell ment assessment levied against her property, claiming water that she has been connected to a main and paying for it assessment since 1938. The Chairman was authorized to confer with Mr. Burns. • Mr. Stevens reported his conversation with Mr: Crowley with reference to Lot 66, Grapevine Avenue, and Mr. Crowley admitted that it would be his fault if the Board did not now sell him this lot because of his neg- lect to answer the letters written to him. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sell and convey Lot 66, Section 2, Grapevine Avenue to Mr. Michael J. Crowley, 299 Newbury Street, Boston. Mr. Stevens retired at 10:05 p.m. Letter was received from Robert L. Innis requesting extension of water main from Marrett Road down Leroy Road, then down Ellison Road, across Roosevelt Road and to a point on Ellison Road between lots 63 and 64. Tax title property Innis request for water 460 Pole Location Edison hearing Transfer from Bridge Fund The Chairman suggested, and the Board agreed, that this should be studied, inspected and a report received from Mr. Burns. Application was received from the Boston Edison Company and the New England Telephone & Telegraph Company for a joint pole location on Massachusetts Avenue. The proposed location had been approved by the Town Engineer. Upon motion of Mr. Gay, s econded by Mr. Driscoll, it was voted to approve the petition and sign the order for the following jointly oraed pole location: Massachusetts Avenue, northeasterly side, approximately 85 feet southeast of Plainfield Street, one pole. (One existing pole to be removed.) Notice was received from the State Department of Public Utilities with reference to a hearing to be held on June 7, 1951, Room 166 State House at 10:00 a.m. relative to proposed Boston Edison rates. Letter was received from the Board of rublic Wel- fare requesting transfers from Trust Funds for the following: Hospitalization at the Children's Medical Center for Robert Kirkland, son of Grace Kirkland, 33 Reed Street - $130. Hospital expense for Bertram W. Hill, 6 Gibson Road - $80. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to request the Trustees of Public Trusts to approve the expenditures from the Btidge Fund. Bill was received from the Adams Press, Inc. in the amount of $585 for printing the new Zoning By -Law. Mr. Driscoll moved that the bill be approved for payment and charged to the Selectmen's Expenses Account. Mr. Gay seconded the motion and it was so voted. Uses of halls Upon motion of M. Driscoll, seconded by Mr. Gay, it was voted to approve the following uses of halls. William H. Lyon Estabrook Hall Free Lexington Senior High Cary Hall Lexington Junior High et of Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the following licenses: Lexington Theatre, Inc. Sunday Movies Countryside Associates, Inc. Sunday Golf Licenses 1 461 The Chairman reported on the second-hand business operated by F. B. Hubley Co., at 512 Marrett Road. It was agreed that the fee for the license would be $2.00. Letter was received from Mrs. Rich, Temporary Town Accountant, inviting the Board to an outing at Outing Mr. Walker's home on Saturday, September 8, 1951 at 4 o'clock, Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sign the following Sewer Orders: Sewer Adams Street, Woodland Road, Marrett Road and cary Orders Avenue. (Copy of each Order in Selectmen's files - Sewer Orders, 1951) Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to re -appoint Dr. William L. Cos- grove as a member of the Board of Health, for a three- year term expiring June 1, 1954. The meeting adjourned at 10:50 p.m. A true record, Attest: Appointment 462 Pole location SELF'CTMEN'S MEETING May 28, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 28, 1951, at 7:00 p.m. Chairman Nickerson, Messrs. EMery, Driscoll and Hoyt were present. Mr. Burns, Suptt. of Public Works, and the Clerk ware also present. Mr. Gay arrived at 7:30 p.m. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Telegraph Company for joint pole locations on Taft Avenue. No persons were present in favor or in opposition. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve ,the petition and sign the order for the following pole location: Taft Avenue, approximately 95 feet northwest of Baker Avenue, (one) 1 pole. (One existing jointly owned pole to be removed.) Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Telegraph Company for joint pole locations on Warren Street. No persons were present in favor or in opposition. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to approve the petition and sign the order for the following pole location: Warren Street, apporximately 385 feet south of Percy Road, one pole. (One existing jointly owned pole to be removed.) Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Telegraph Company for joint pole locations on Summer Street. Mr. and Mrs. John Compobosso were present at the hearing. Mr. Compobosso explained that he had applied for the service. Mr.. Burns asked if the proposed location met his approval and he replied in the affirmative. The hearing was declared closed and the Compobossos retired. Upon motion of Mr. &eery, seconded by Mr. Driscoll, it was voted to approve the petition and sign the order for the following pole location; Summer Street, southeasterly from a point approximately 610 feet southeast of Lowell Street - three poles - guy wire and anchor to the third pole. 1 1 463 Mr. Stevens, Town Counsel, met with the Board at 7:40 P.M. The following members of the Planning Board also met with the Board: Chairman Adams, Messrs. Irwin, Johnson, Potter and Ripley. Mr. Adams said that the planning Board had two or three items which, it seems to him, require joint action of the two Boards. He said the first subject is Edison Way and the Selectmen know the history. One of the Planning Board projects this year is parking through- out the center of the Town. Edison Way is a part of this and he said that possibly the Planning Board did not under- stand the situation and had invited a Mr. Howland to attend a meeting last week. Mr. Howland was v ery co-operative but his comments were very different than the angle dis- cussed by the Board of Selectmen. He said that the $wo Boards should not be working in opposite directions. The Chairman stated that the Selectmen have studied the subject for some time under Mr. Ballard+s supervision, and still owe him a small amount of engineering work in order to give him what he terms tools to work with in his negotiations. This information will be ready shortly. Mr. Adams said that the Planning Board is interested in the problem as an area for parking. Mr. Potter said that he thought the Planning Board should confer with Mr. Ballard and absorb some of his ideas so that he will not be working for a period of time and then have the planning Board in disagreement with him. He stated that the Planning Board has never heard from Mr. Ballard and it is difficult for the members of the Board to know what he has in mind. Mr. Johnson asked if it were true that Mr. Ballard's objective is circulation of traffic and a new street. He said it seemed to him that the parking was an incidental'.. result of a new street which would in theory circulate traffic, and that the Planning Board had parking as its objective. He asked where it tied into the parking area. The Chairman stated that the length of the street is 800 feet which would be available for parking on the rail- road side and that it would park approximately forty cars. Mr. Johnson asked, in the eventthe street were built, if there is anything in the construction of it that would benefit more thah just this parking area. He asked what is the purpose of the street except to park maybe forty cars. He said that he thought that number of cars could be parked on the land which was not taken. Mr. Howland said that they could park more cars on his land if the street were not built. 464 Mr. Potter informed the Board that Mr. _ Howland is negotiating with the owner of the store (Woolworth) and if there is enough parking in the rear they will extend the store forty feet further, giving them an entrance. He said that this would affect the street. The Chairman said that there is also a possible 20 foot setback on the O'Connell block. Mr. Gay said he thought the Board was thinking in terms of parking on both sides of the street and it seemed to him that there would be room for more than 40 cars. The Chairman stated that if there is to be a 40 foot street, the traffic could not be two-way and also have parking on both sides. Mr. Burns explained that the proposed street will be a 30 foot pavement, 7 foot allowance for cars and 3 foot allowance for people getting out. The Chairman said that he did not think the problem had ever been studied from a parking view point only without a road. Mr. Adams said that he thought some factual work should be done before any decision is made and he also thought the information should be available for both Boards. The Chairman said that he thought the Planning Board could present facts and figures to the Selectmen for con- sideration if they think the prlblem should be studied from a parking viewpoint only. He explained that the Selectmen have worked on the scheme for a r oad and parking along the road. He said that the Selectmen wouldbe willing to work with the Planning Board if it could coincide with their ideas. Mr. Adams said that possibly thef irst thing to do would be for both Boards to secure data and then sit down and work out a compromise one way or another. Mr. Hoyt asked if the Planning Board had given any more consideration to the idea that there might be some building on the side of the road opposite the railroad. Mr. Adams replied that personally, he had a different impression from Mr. Howland's visit. Mr. Johnson said that Mr. Howland thought it would not be economically sound but it seems to him that.if there is a new frontage opened up, someone is going to construct a building and use it. He said that if this happens the objective is lost and the Town will have merely donated frontage. The Chairman asked if the Planning Board were .as fearful now as it was three months ago that new building might be constructed and thus throw this out.. Mr. Johnson replied that personally he thought it was very probable. 1 465 The Chairman said that he thought Mr. Ballard, subsequent to getting a layout of the road, would find out from all of the abutters just what the parking situation would be. He suggested that the Planning Board take it from a standpoint of using it for parking only with no circulating street. Mr. Johnson asked if the future widening of Massachusetts Avenue would be affected if this street were not constructed. He asked if this street is essential in order to widen Massachusetts Avenue at some future time and the Chairman replied that he did not think so. He said that the street is to relieve traffic on Massachusetts Avenue and to relieve the parking situation. Mr. Johnson asked if the abutters are willing to go along with the street and donate land to build it. He also asked if t he Boston Edison would donate land for Edison Way only and the Chairman replied that he did not know. He said that from his talk with I. Ballard he feels sure that Mr. Ballard has not approached the Boston Edison on just running the road up to the rail- road. He said that he would like to see Mr. Ballard carry his scheme through to a point where he could lay it down in front of both Boards. If both Boards do not think it should be done that way, they can go on from there. It was left that the Board of Selectmen would con- tinue with Mr. Ballard, securing additional data and the Planning Board will proceed with the development of several plans and discuss the subject with the Board again at some future meeting. Mr. Adams said that the second subject for discussion is Johnson Road. He stated that the Kelley Construction had one development, Pleasant Associates another and Debonis had one. At the last meeting of the Planning Board a vote was passed to have a preliminary layout made of the entire.area. It was also voted to recommend com- bining with Winchester in putting theroad through. He said that the Planning Board should have some idea as to just where the road will be located and such inform- ation will be helpful in the long range development of the entire section. Mr. Burns said that as he recalls the subject the Selectmen had held up the petition for a layout pending receipt of releases of any claims for damages. The Chairman said that an endeavor will be made to lineup the data and further consideration will be given the subject by the Selectmen. Mr. Stevens explained that the Town of Winchester has had a petition filed for some t ime with the County Commissioners and he thought a good deal of the layout had been made. 466 Gentile Release Legal Action Jurors Mr. Driscoll asked if the Planning Board was in favor of the Selectmen signing a petition.tbr the layout of Johnson Road and Mr. Adams replied in the affirmative. He said that the Planning Board should know where the road is to be located. Mr. Adams said that the third subject for discussion is proposed layouts of certain streets which the Planning Board believes would be a benefit to the Town. He said that his Board did not contemplate any construdtion now but merely having the layouts made. He mentioned Bernard Street to Grove Street and the extension of Grassland Street to Waltham Street. Mr. Burns mentioned the extension of Stedman Street up to the School. The Chairman asked if the planning Board would have the layouts made and then refer them to the Selectmen. Mr. Adams replied that the Planning Board has not as yet gone into the mechanics of the matter but he thought the people on Bernard and Grassland Streets would give land to the Town. He said that the land -taking should be done. Mr. Potter said that unless the Board of Selectmen think the idea is a good one, there is no object in the Planning Board going ahead. Mr. Hoyt said that he thought the Planning Board's idea was correct and that some of the land shouldbe obtained. Mr. Adams said that his Board did not expect an answer this evening, but would recommend the extension of certain streets and refer the subject to the Selectmen. The Planning Board retired at 8:20 p.m. Mr. Stevens said that he has a partial release of land from water betterment assessment levied against land of Cherubino and Louisa Gentile. He explained that the Town is not forfeiting any money and this is similar to the situation, for which a release was recently signed, on Burlington Street. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign the release prepared by Mr. Stevens, (Original mailed to Mr. Stevens and copy to Tax Collector.) Letters were received from Mr. Carroll, Town Clerk, together with summonses in actions of tort by Edward G. Blaguszewski and Edwin A. Ryfa. Mr. Stevens explained that this action arose out of the Bedford Street, tthea contract, and he said that he would handle it. A dup- licate of the summonses had been mailed to him by Mr. Carroll. Mr. Stevens suggested that a letter be written to those individuals selected as jurors who have not yet returned the questionnaires, rather than sending a sum- mons, advising that the information requested is required by statute. CO - 1 The Chairman read a letter from James E. and Elsie P. Evans, 196 Burlington Street, advising that the Commonwealth has t aken,.for the new Route728 a portion of their land. There is a balance of $180 due on the water betterment assessment against this property, the original amount of which w as ap- portioned over a ten year period. They would like to have the balance remain apportioned against the house and remaining land so that they may convey to the State a taking free of encumbrance. Mr. Stevens said that he would prepare the release and the Clerk was instructed to obtain the necessary information from Mr. Burns. Mrs. Russell's letter applying for an abatement of the water betterment assessment in the amount of $90.00 levied against her property at 7 Oak Street was held over from last week. Mr. Burns explained that she had water when she built her house and paid for the service. Mr. Stevens said that the property has been bettered to some extent. Before she•was connected to a private line with no one obligated to maintain it. Now she is connected to the Town main. He said that he does not see how the Board can make any decision until it is determined what is to be done relative to the West assessment. At 9:05 p.m. Mr. August Schumaker met with the Board. He explained that he is interested in purchasing some land from Mr. Bashian but the question about so-called Old Mass. Avenue has come up. He said that Mr. Bashien is of the opinion that he owns all of Massachusetts Avenue. Mr. Stevens explained that a title examiner would have to determine the status of the property and sug- gested that Mr. Schumaker have his attorney look up the title. Mr. Schumaker retired at 9:30 p.m. Mr. Stevens also retired. The Chairman read a letter from Clifton A. Temple applying for water and sewage service to a house he is building at 31 Gleason Road. Mr. Burns informed the Board that this would r equire an extension of approx- imately 150 feet and that he expected to have a complete list, prepared for the next meeting, of all requests for water and sewer extensions. No action was taken on Mr. Temple's request and the Clerk was instructed to place it on theagenda for next week. Petition was received from residents of Valley Road requesting that a sign beerected at the corner of Valley Road and Bedford Street cautioning motorists of the children in the vicinity. 467 Evans partial release of water betterment Russell Water Assessment on Oak Street Schumaker re purchase of land Temple request for water and sewer Sign 468 The Superintendent of Public Works was instructed to have a sign painted on the street. The Chairman informed the Board that Mrs. Morey, Chairman of the School Committee, requested permission Lights to have two spot lights installed outbide of Cary on Building on the evening of graduation to enable the Cary Bldg. students to have a reception out of doors. Upon motion of Mr. Hoyt, seconded by Mr. EYnery, it was voted to grant the request. Licenses Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the.following licenses: Francis D. Flanagan 4 Aerial Street Peddler Countryside Associates Lowell Street Sunday Golf Lexington Theatre, Inc. 1794 Mass. Avenue Sunday Movies Mr. Emery reported that Dr. Barnes' son, William, has been practicing mddecine in Chelmsford and is now Renting located in Rockport. He would like to open an office in Barnes Lexington and asked Mr. Emery if the Board would rent property him the three rooms formerly occupied by his father. Mr. to Dootor Emery said if the Board is not in favor of renting rooms in the Barnes property he might be interested in the Sexton house. Decision was held over until the next meeting of the Board. The meeting adjourned at 10:15 p.m. A true record, Attest: Gs/f-ikfri//— an 1 1 469 SELECTMEN'S MEETING June 4, 1951 A regular meeting of the Board of Selectmen was held in the. Selectmen's Room, Town Office Building, on Monday evening, June 4, 1951 at 7:00 p.m. Chair- man Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Hearing was declared open upon the application of Philip Tropeano for permission to increase the capacity for storage of gasoline from 500 to 1,000 gallons on premises located at 11 Larchmont Lane. Mr. F. J. Rando, representing the Bonded Oil System Tropeano (Esso) was the only person present. He explained Gasoline that several years ago Mr. Tropeano had permission Permit to install an underground tank for the storage of 500 gallons of gasoline but due to the fact that he was unable to obtain a tank his permit was never used. He further stated that the gasoline is for private use. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it,was voted to grant a license to Philip Tropeano to maintain an undergroundtank for the storage of 1,000 gallons of gasoline at 11 Larchmont Lane. The hearing was declared closed and Mr. Rando retired. Hearing was declared open upon the application of Joseph Monsignore for permission to maintain an Monsignore underground tank for the storage of 1,000 gallons of Gasoline gasoline on premises located at 76 Laconia Street. Permit No persons were present in favor or in opposition. Upon motion of Mr. Hoyt, seconded by "Irr. Gay, it was voted to grant a license to Joseph Monsignore to maintain an underground tank for the storage of 1,000 gallons of gasoline at 76 Laconia Street. Mr. Burns reported that he had called Metcalf & Eddy relative. to Cibotti and Andreassi and talked with a man who had worked with this concern on a job in Weymouth. They have money to-do the work and also have the equipment. Mr. Powers, of the Brain- tree Sewer Department also told Mr. Burns that he was very much satisfied with the concern's performance. The Board instructed Mr. Burns to proceed to have the contracts on Projects #2 and #3 prepared. Mr. Burns reported on the status of the funds and requests for water installation. He said that he took all the streets mentioned last winter, in- cluding those requests that were put on the waiting list, in arriving at his figures. 470 ! Funds available for water installation Gas main He said that while he admits the price per foot may be high, it is too early to say just how much they will all cost, but his figure is $102,000. Of that he has in stook pipe worth $30,000 which gives a balance of about $72,200 left for labor, fittings, hydrants, etc. to do the rest of the work. He said that since January, 1951 the requests, as of May 31st, total $2700. This will bring the total amount for work to be done to $7,9,400. He stated that there is available cash of $28,391, $50,000 remaining to be bonded which gives tentatively $78,391 to do $79,000 worth of work. He said that this means, as of now, that there is no money to take care of any requests that may come in. Mr. Emery asked if the $30,000 included large pipe and Mr. Burns replied that he is figuring it as available for this work. Mr. Emery asked if all the available pipe would be used and Mr. Burns replied in the affirmative. He said that he should almost be putting in an order for pipe now that the pipe situation is not good. Mr. Burns reported that since the first of the year requests amounting to $13,800 have come in for sewer installations and there is $17,000 available. The only one prmmised is Mr. Phalen. The Chairman read a letter from the Allington Gas Light Company requesting permission to locate 3001 of 4" cast iron gas main in Paul Revere Road, and 400' of 4" cast iron gas main in Cedar Street. The proposed main is for the purpose of supplying gas service to two new homes, now under construction, on Paul Revere Road. Mr. Burns said that he would like to have the mains installed before Paul Revere Road is constructed. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the requested permit. The Chairman read a letter from Sarah E. Connolly, 110 Bedford Street, claiming damages as a result of stepping through the grating of a sewer drain in front of the First National Stores. Mr. Burns said that there is no question but that the bars were bent and the space definitely was wide enough for a woman to step through. The police called him when the accident occurEed and he had the grate fixed immediately. The Chairman said that he had discussed this with Town Counsel and he felt that undoubtedly the Town is liable. 1 Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it wrs voted to refer the matter to Town Counsel and authorize him to settle it. The Chairman read a letter from Eleanor and Philip DeAngelis stating that they would like to have their property connected with the Follen Road sewer project. Mr. Burns explained that the nearest manhole is 100 feet and not 15 feet as stated in the letter. He presented a sketch of the location and explained that the reason this property was not included in the Follen Road sewer project is because it on Robbins Road. The Chairman suggested that Mr. Burns answer the letter and the Board had no objection. Carver Bros.! request for extension of water main to property at corner of Blossom Street and the Turnpike was held over from last week. Mr. Burns reported that Mr. Carver came to see him and agreed to have his name placed on the waiting list. Mri. Wheeler+s letter requesting refund for payment of water betterment assessment levied against her property on Reed Street was held over. Mrs Burns presented a sketch of the property and explained that Mrs. Wheeler owns Lots 7, 9, and 10. Lot 8 is owned by a colored family and they are all 25'. He explained that several years ago Mrs. Wheeler did'pay for the water to the house in which she lived, but the refund she is requesting is for the other three lots. Mr to disc against Mr showing Mr parcel lights on the price f the'fac care of He principl that is in-law t which w Raymond Bond met with the Botrd at 7:45 p.m. ss the water betterment assessment levied his property on Bennington Road. Burns presented a plan of the Bond property Pelham Road and Bennington Road. Bond stated that a Mr. Wilson purchased a f'land and he knew there was no street, sewer, ✓ water facilities, all of which had a bearing rice of the land at the time of purchase. The ✓ which the land was sold took into consideration that the purdhaser would be obliged to take those facilities. said that the assessment levied is a matter of e as to whether he should pay for something of no.value to him. He said that when his father- urchased the Tower property he put in a 11 take care of any requirements that he mig4t need. 471 DeAngelis request to connect rcith sewer Wheeler request for Pef and Bond water assessment 472 He said that he knew the basis upon which the assess- ment is levied. The Chairman asked if there is a garage on the property and Mr. Bond replied that there is no building of any kind. He said that he thought the water goes down at least two thirds of the distance of his lot, and it would adequately service any building he might put up. He said that the water was put in to serviee a little house where his father-in-law's gardener lives and at the time he laid the entire cost of laying the pipe all the way down. The Chairman inquired as to the basis for the charge and Mr. Burns said that the entire Bond frontage was assessed. Mr. Hoyt said that if Mr. Bond's land was ever sold and built upon it would have to be serviced and Mr. Bond stated that the water originally installed by his father-in-law would take care of any house. He said that the water waut in by the Town about twelve years ago. Mr. Emery asked if Mr. Bond's father-in-law petitioned the town to have the water installed and he replied that what started it was when he purchased the Tower property the little cottage did not have adequate water supply and he wanted to maintain the valuable garden, sprinklers, etc. He just asked the Town to put it in and the Town did the work. Mr. Bond retired at 8:05 p.m. The subject was discussed at length and upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to abate the water betterment assessment levied against Jr operty in the name of Doris E. Bond, 13 Pelham Road, in the amount of $520.50. Mr. Robert Breslin met with the Board relative to'acquiring a parcel of land between so-called Old Massachusetts Avenue, and new Massachusetts Avenue. Bedore he met with the Board, the Chairman re- ported that Town Counsel had advised him that the Town Meeting vote permits the Board to dispose of the whole area between the old and the new street. He explained that when land was transferred to Warren Breslin, it was only the parcel in front of his house. Mr. Breslin presented a blueprint showing land he owns and the land which he would like to acquire.. He now owns lots 44, 45, and 46 and 47. The Chairman asked if Mr. Breslin wanted the same consideration that had been given to his brother, Warren, and he replied in the affirmative. The Chairman said that if this were done, he would have to pay for whatever legal work is necessary and the recording fee. He said that the Board would be in touch with Mr. Breslin later. Mr. Breslin retired at 8:20 p.m. 1 Leiter was received from Burpee Coffill, 3 Forest treet, requesting the removal of a tree located at the entrance to his driveway. He in- tends t have a blacktop drive and the tree is in the way The Chairman read a memo from Mr. Garrity stating that the tree is in splendid condition but it intei1feres with the entrance to Mr. Coffin's garage. If he puts a blacktop drive in, the roots will be injured which will cause considerable damage o the tree. He recommended, therefore, that th tree be posted for removal. Th Board preferred to inspect the tree before making any decision. ThIl Chairman read a letter from William F. Furdon, 7 Spencer Street, stating that he would like to purchase veteran lot #17, Cedar Street, and that he intends to build a house immediately upon acquining a lot of land. He is a veteran of World War. II, having ehliste in the Navy from Lexington. Up n motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sell and convey veteran's Lot #17 Cedar Street to William F. Furdon. Mr John R. Sloane met with the Board at 8:30 to disc ss his communication of May 28th relative to cert in requests of the Lexington Concert Band. Th: Chairman referred to item #2 of the letter, request ng an appropriation of $50, and explained that the money is just not available. Mr Sloane explained that last year the group worked- hrough Dr. Foley, of the Recreation Committee, to some degree and the instructions were for Mr. Sloane to contact Mr. Garrity to make arrangements. They had Mr. Alien contact Mr. Garrity and he took care of the ights, connecting and disconnecting them. At the end of the season Mr. Allen sent a bill to the Recreation Committee in the amount of $25, and was told th:t there were no funds available. Th Chairman explained that if there is goingto be any oney involved, an item would have to be in- cluded n the budget for the March Town Meeting. He said th :t the Board does not have various funds to use. Mr Sloane said.that the group would like to know is some arrangement might be made whereby they could u e the bandstand that is used for the 19th of April c lebration. Mr Burns said that the bandstand is not in very go d condition and would have to be fixed up if it were to be used by the grcu p. Mr, Sloane retired at 8:45 p.m. 473 Coffill request to have tree removed Veteran's Lot Lexington Concert Band 474 Mr. Emery suggested closing Harrington Road on the evenings of the band concerts, and placing the stand on the street. The Chairman agreed to discuss the subject fur- ther with Mr. Burns to see what arrangements might be made. Letter was received, signed by Robert L. Jen- kins, 45 Grapevine Avenue and William J. Gibbs, Tax title 49 Grapevine Avenue stating that they wish to pruchase property Lot 64, Plan 2, Section 2, Grapevine Avenue for the sum of 000. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sell and convey Lot 64, Grapevine Avenue, to Robert L. Jenkins and William J. Gibbs for the sum of X300. Discussion was held relative to contacting the State Department of Public Works and asking to have Route 218 opened. Mr. Burns said that he understood the Route is to be opened July 1st and until it is taken over by the State it is the contractor's respon- sibility and he did not believe it would be opened until that date. Mr. Stevens said that he doubted if portions of the Route would be opened and he understood that the entire length is to be opened on July 1st with a cav- alcade of cars and special ceremonies. However, he and Mr. Burns agreed to 06tain more definite informa- tion. Messrs. Stevens and Burns retired at 9:50 p.m. Letter was received from Jean D. Wanless, Pres- ident of the Follen Church Evening Alliance, requesting permission to conduct a rummage sale at the Barnes property on Saturday, September 8th. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Countryside Associates Lowell Street Sunday Golf Lexington Theatre, Inc. Mass. Ave. Sunday Movies Albert E. Nevins Haverhill St.,Reading Auctioneer Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign an Order for the construction of a water main in Leonard Road from Woburn Street, a distance of 495 feet more or less, northerly. The meeting adjourned at 10:10 p.m. Route 128 Rummage Sale A true record, Attest: 1 475 SELECTiMEN$ S MEETING June 7, 1951 A special meeting of the Board of Selectmen was held on Thursday, June 7, 1951 at 8:30 P.M. Chairman Nickerson, Messrs. Emery and Gay were present. Upon motion duly made and seconded, it was voted to award Contract #2 for the construction of streets and sewers to the low bidder, George Brox, at his bid price of $93,185,82. This project includes sewers in Adams Street, Woodland Road, Marrett Road, and Cary Avenue. It also includes construction of Woodland Road, Cary Avenue and Aerial Street. It was further voted to award contract #3 for the construction of sewers in Follen Road, Locust Avenue and Lexington Avenue to the how bidder, Cibotti & G. Andreassi, at the bid price of $60,032.45. . (Above minutes reported to Clerk by Chairman,) 476 SELECTMEN' S MEETING June 11, 1951 A regular meeting of the Board of Selectmen Was held in the Selectmen's Room, Town Office Building on Monday evening, June 11, 1951 at 7200 p.m. Chairman Nickerson; Messrs. Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works. and the Clerk were also present. Mr. finery arrived at 9:50 p.m. Mr. Burns reported informally supply and sewage disposal for the Mr. Stevens, Town Counsel, arrived this discussion. on the proposed water Army Air Corps Engineers. at the meeting during William Barnes met with the Board at 7:45 p.m. with reference to his request for permission to rent three rooms in the Barnes property for his office. The Chairman asked what reason the doctor could give the Board for wanting to use a public building that would influence the Board in letting him use it. Dr. Barnes said that first of all, it is a good lo- cation; second, the Board knows what it used to be; third, it is of no use the way it is now; fourth, if fixed up it would be better than it is now and fifth it might bring a good income. The Chairman explained that the doctor would be a tenant -at -will as the Board cannot tell which way the Town's business is going to expand. He said that the Town will acquire the Sexton property but the Board has no definite use for it yet and it is quite probable that before any use is made of it, the Barnes property would be fully oc- cupied. He said that the Board would not want to have rooms in the Barnes property rented and send town offices down ' to the Sexton property. Dr. Barnes said that was entirely up to the Board and the way he looks at it, the rooms he wants are not doing anyone any good right now and they could bring in some income from an apparent idle situation. The Chairman inquired as to what the doctor would be willing to do to the inside, and Dr. Barnes replied that the set-up would remain the same except for the toilet and and holes in the ceiling. He said that he could freshen it up a bit. The Chairman asked if the doctor would reI ace the • 1 1 Dr. Barnes request to have office in Barnes Building 477 toilet or ask the Board to have it done and he replied that he did not know if the Board would do it. The Chairman inquired about the heating and the doctor replied that it alwa,s was adequately heated. The Chairman explained that the Boy Scout Council has complained about the heating which seems to be in- adequate and he thought that the system would be over- loaded if the wing were to be heated. The Chairman said that, to sum it up, the doctor feels that he would not want to spend any money to im- prove the heating situation and the doctor stated that he did not realize anything had to be done. The Chairman asked if he would replace the toilet facilities at his own expense or utilize the present ones and the doctor replied that he could not use them very well. The doctor said that there is a three foot square room with a toilet in it. A week or so ago he saw that the toilet is gone but the sink is still in place in the other office. The Chairman asked if it were usable and the doctor replied that it would be if it does not leak. Mr. Hoyt asked if the decision of the Board would have any influence on the doctor deciding whether or not he will come to Lexington to which the doctor replied "that is right." Mr. Gay asked if the doctor was planning to have any electrical equipment of a heavy nature and he replied that his father had more than he has. He said that he can utilize the outlets that are there now. Mr. Driscoll asked if the doctor would move to Lex- ington or live in Rockporta'he replied that he would live in Lexington. The Chairman explained that if the Board does decide to rent the rooms it may be for a very short time. He stated that the Board cannot commit itself for any length of time and cent commit any future Board. Dr. Barnes said that eventually the Board would have to fix the rooms and if he moves in and uses it then when it is taken over for some other purpose the place will be all fixed up. The Chairman asked what the doctor had in mind for rent and he replied that he does not know what the rents in town are insofar as offices are concerned. He said that he thought the Board would set the rental. The Chairman said he thought the doctor would have to make the initial offer. Dr. Barnes said that he thought it would cost $200 to fix the rooms up and mentioned $75 or $80 a month as a starting figure. 478 The Chairman explained that if the doctor wants to make an offer of $75 or $80 a month rent, the Board will consider it. Mr. Gay asked how soon the doctor would want to oc- cupy the premises and he replied that he would not want the rooms until the first of October. The Chairman agreed that the Board would contact the doctor shortly and he retired at 8:00 p.m. Mr. Eugene M. LaRose made an appointment to meet with the Board to discuss the water betterment assessment levied against his property on 169 North Street, amounting LaRose to $612. betterment Before Mr. LaRose met with the Board, Mr. Burns ex- assessment plained the charge and presented a plan of the property. He said that he had explained to Mr. LaRose before the . water main was installed that it would not be laid to the Town Line but would go far enough to service his house, and that he would be assessed for the entire length. Mr. LaRose met with the Board at 8:10 p.m. The Chairman explained, in reply to Mr. La Rose's request for an abatement that once an assessment has been abated, the property cannot be re -assessed. He said that if Mr. LaRose would have an engineer lot out his land the Board would consider deferring the assessment on the new lot, without interest, for the period of three years after which time he would have to apply for another deferment. Mr.. LaRose stated that his property does not extend to the Burlington line and Mr. Burns said that all the plans show it as extending to the line and if this is not correct, he is entitled to an abatement of the portion which he does not own. The Chairman suggested, and Mr. LaRose agreed to see what kind of a lot he can work out of this area and whether or not he would have a lot large enough upon which to build. Mr. Hoyt asked if he understood that the present assess- ment levied against the property will remain until a change is made in the land and Mr. LaRose replied in the affirmative. Mr. LaRose retired at 8:25 p.m. Further consideration was given to proposed petition for a country layout of a road, between Lexington and Win- chester, referred to as Johnson Road. Mr. Stevens reported that Mr. Hatch, County Commissioner, has two petitions from the Town of Winchester neither of which includes a street which will reach the Lexington line. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign a petition for the layout of a Country way, a street beginning in Winchester at a point on Ridge Street near Johnson Street or High Street; thence in a general westerly direction to Lowell Street near Maple Street. 1 Johns on Road 1 479 The petition, signed by the Board, is to be forwarded to the Winchester Board of Selectmen for their signatures. The Chairman read a letter from Robert H. Holt stating that when the water main was extended in front of his house Holt to service Mr. Wilson's house, the blacktop driveway going complaint to his garage was damaged. Mr. Burns said that he is aware of the damage and plans to correct the situation some time in August. Mr. Stevens referred to the three sites for elementary schools and explained that there are discrepancies in two land court plans and that Mr. Burns is to have a survey made. School He presented agreements, signed by the sellers, extending sites the time for passing papers until September 4th. The agree- ments were signed by the Board and returned to Mr. Stevens. Letter was received from the State Department of Public Works relative to Lexington Layout 3709, dated March 7, 1950, parcels Nos. 2 -TA, 23, 37, 38, and 39. Mr. Stevens explained that the State would like partial releases of land from water betterment assessments, similar to the release recently granted to James E. Evans and Elsie P. Evans. The Board had no objection and Mr. Stevens said that the necessary information would be compiled and the re- leases prepared for the Board's signature. Petition was received, signed by residents of Middle Street, requesting the Board to prepare an estimate of the cost of installing the sewer in Middle Street. Mr. Burns explained that this petition covers the sec- Middle tion from the top of .the hill to Cary Avenue. He stated St. that this is definitely a 1952 project and he told one of sewer the group who called him. Letters were received from Frank H. Ready requesting the removal of one tree in front of his residence at 2246 Massachusetts Avenue and two from the entrance to Jean Road. Removal Memo was received from Mr. Garrity stating that the of trees tree in front of Mr. Ready's residence is not in very good (Ready) condition and is raising the cement walk to his front en- trance. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to authorize Mr. Garrity to post three trees for removal. partial release Further consideration was given to Mr. Sloane's letter of May 28th with reference to the Lexington Concert Band's request for permission to conduct a series of concerts, an appropriation to defray expenses and a bandstand. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the group permission to give a series of band concerts on the Common, Wednesday evenings commencing June 27th through September 5th. Band Concerts 480 The Chairman was authorized to inform Mr. Sloane that there are no funds available to provide for a bandstand or to pay for installing and operation a light- ing system and suggest that he present the subject to the Recreation Committee for possible consideration in the 1952 budgets. Letter from Mr. Burpee Coffill requesting the re- moval of a tree from the entrance to his driveway was removal held over from last week. of Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was tree voted to authorize Mr. Garrity to post the tree for re- moval. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Countryside Associates, Inc. Lowell Street Sunday Golf Lexington Theatre, Inc. 1794 Mass. Avenue Sunday Movies Joseph G. Tropeano 11 Lardhmont Lane Auctioneer Letter was received from the Town Clerk to which was attached a list of the unlicensed dogs in the Town. Dog Upon motion of Mr. Gay, seconded by Mr. Driscoll, it Warr Ont was voted to issue and sign a Warr nt to the Dog Officer, delivering to him the original list submitted by Mr. Carroll. Upon Motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign the following Water Orders: Hillcrest Avenue, from end of existing main a distance of approximately 420. feet northeasterly; Carville Avenue from Butler Avenue a dis- tance of approximately 190 feet southwesterly; T1ossomcrest, Water from Waltham Street a Distance of approximately 1,000 feet Orders southerly; Milk Street from Hill Street a distance of 385 feet, mora or less, northwesterly and Allen Street from Blossom Street a Distance of approximately 500 feet northeas- terly. (Copy of Orders in Selectmen's Files -Water Orders 1951) The Chairman brought up the subject of the bushes in the triangle located between Fletcher Avenue and Winthrop Road. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to have the bushes removed inasmuch as they nowobstruct the directional traffic sign. At 9:45 p.m. the Lexington School Committee and Mr. Grindle met with the Board. Mrs. Morey, Chairman of the School Committee, spoke for group. She said that a meeting had just been held, attended by representatives of the Planning Board, Appropriation Committee., 1 1 481 Long Range Planning Committee and the High School Building Com- mittee, to determine their reaction to the fact that the bid for the proposed High School is $161,000 over the estimate of the committee of 15. She said that they came to the general conclusion that they 'would like to have a Special Town Meeting and ask for $161,000. They believe that the Town Meeting will approve the additional amount because they were convinced at the March meeting of the need for a new high school. Mrs. Morey said that the question had been raised as to whether or not the building should be cut to the contract as offered by Powers and have the school ready for occupancy with the minimum of equipment and minimum of work and then later Special on ask for additional money for equipment and outside work. Town She explained that the State Building Assistance Commission Meeting will go along as long as the buildingitself was not cut into. the Commission pointed out that if the Town wants State equip- ment and improvement of this particular portion of the building, the money will have to be appropriated and spent before the building is completed. Mr. Stevens said that technically he does not believe the Town Meeting can rescind the original vote as the Town is obligated to pay the architect. He said, however, that he believes it might be possible to call a Special Town Meeting and have a vote that the School Committee be authorized to pay the architect, but to obligate the Town in no further man- ner for the school. He said that he has never seen this done, but he did not think it impossible. The Chairman asked if the School Committee would be taking a very long chance that the additional money might not be ap- propriated and in effect it would mean that the Town disapproved the entire project, and Mrs. Morey replied in the affirmative. Mr. Hoyt inquired as to the timing of the meeting and Mrs. Morey replied that they would like it just as soon as possible, preferably before July. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to call a Special Town Meeting to be held on Monday, June 25 or Thursday, June 28th, depending on how soon Mr. Adams can have the warrants prepared for mailing. Thegroup retired at 10:30 p.m. The Chairman reported that Mrs. Tenney would like to place a small bronze tablet on back of the Minute Man Statue signifying the fact that the statue is illuminated permanently in memory of her husband. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve Mrs. Tenneyts request. The meeting adjourned at 10:45 p.m. A true record, Attest: 1 483 SELECTMEN'S MEETING June 18, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, June 18, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Hearing was declared open upon the petition of Pole the Boston Edison Company and the New England location Telephone & Telegraph Company for erection of one pole, to be jointly owned, and to be located on North Street. Mr. and Mrs. Mark J. Dondero were the only per- sons present at the hearing. Mr. Dondero explained that he had requested the proposed pole location and that he is building a house on North Street. He looked at the plan and said that he has -no objection to the location. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the petition and sign the order for the following pole location: North Street, approximately 2,600 feet north of Adams Street, one (1) pole. Mr. and Mrs. Dondero retired. Mr. Burns mentioned the fact that some time ago the men in the Public Works Department had, requested October 12th as a paid holiday. October 12th Upon motion of Mr. Driscoll, seconded by Mr. paid holiday Gay, it was voted to include October 12th in the list of paid holidays for the Public Works Department and further to authorize Mr. Burns to post a list of paid holidays for the remainder of the year on the bulletin board in the Public Works Building. Mr. Stevens arrived at 7:45 p.M. Letter was received from William V. Ward, President of the American Federation of State, County and Municipal Employees Union, requesting an appointment with the Board in an effort to adjust "certain grievances and problems confronting the membership" of the local Union. Mr. Stevens expressed the opinion that the Boar° has'no moral or legal compulsion to grant an Union appointment. Upon motion duly made and seconded, it was voted to 484 Contracts #2 and #3 Transfer advise Mr. Ward that in view of the fact the Board has not recognized the Union, the Selectmen see no reason why an appointment should be made inasmuch as the employees of the Town are at liberty to meet with the Board through the Superintendent of Public Works at any time. Mr. Stevens recommended that the Board sign Contract #2 between the Town of Lexington and George Brox, and Contract #3 between the Town of Lexington and Gibotti & G. Andreassi and return them to him. He will not sign the contracts until he receives letters from the bonding companies committing themselves to completion of the work under the present bond or presenting new bonds. He stated that he expects to receive such letters tomorrow. Letter was received from the Collector of Taxes requesting a transfer of $500. The bond for 1951 was $100 more than for 1950 and an increase in the number of personal and excise tax bills has increased the amount of postage and makes it necessary to purchase additional envelopes. The Clerk informed the Board that due to the Transfer increase in cost of printing, vaccine, alcohol, syringes and needles, it is nexessary to request a transfer of $35.00 for the Dog Clinic Expense Account. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer the sum of $500 from the Reserve Fund to the Collector of Taxes Expense Account and $35 from the Reserve Fund to the Dog Clinic EXpense Account. Upon motion of Mr. Hoyt, seconded by Mr. Gay, Licenses it wasvoted to grant the following licenses: Lexington Theatre, Inc. Sunday movies Countryside Associates, Inc. Golf At 8:25 P.M. Mr. Frank Ready met with the Board relative to his application for the installation of a water main in Aaron Road, leading from Jean Road, a distance of approximately 250 feet. The Chairman asked if Mr. Ready intended to develop Aaron Road, as the first step in his proposed development and he replied in the affirmative. The Chairman said that Mr. Ready, as a result of his conversation with Mr. Burns, is aware of the fact that there are no funds available for this project and explained that the budget approved at the March meeting is all apportioned on previous requests. He .said that he Ready request for water 1 1 1 485 does not know how the development will time itself but it will be quite some time before the Board will be able to discuss water in Aaronoad. Mr. Ready asked about a private contractor doing the excavating and Mr. Burns replied that there would still be the question of pipe and said that the con- tractor would have the same problem and that the delivery time is from fourteen to sixteen. weeks. Mr. Ready asked how prices compared and Mr. Burns replied that the Town will charge $1.50 per foot on each side of the street and that is only 50% of the cost. He said that he does not know what a contractor would charge. The Chairman explained that the water main in Jean Road is 12"and not 6" as mentioned in Mr. Ready's letter. He said that the Board has his application for the installation of a water main in Aaron Road and it will be placed on file in the order in which it was re- ceived. Mr. Ready stated that he has Jean Road roughed out and up to grade. He said that it will require some gravel and oil now and asked if that is all right insofar as he is concerned. Mr. Burns replied that this development was laid out under the Board of Survey regulations effective in 1938 and does not come under the regulations now in effect. Mr. Ready retired at 8:35 P.M. Messrs. John C. Harkness and Herbert F. Stewart, representatives of Six Moon Hill Inc., met with the Board relative to acceptance of Moon Hill Road. The Chairman said that this subject has been dis- Moon Hill cussed by the Board several times during the last few Road weeks and last year. He explained that, in the first place, Moon Hill Road is separated from any accepted street by an area of unaccepted streets. He stated that it will not be possible for the Town to accept the street in any event if it is not built by the Town or under Town control. Mr. Stewart asked if the burden of convincing property owners on adjacent unaccepted streets to petition for acceptance would be on the Moon Hill group and the Chairman replied that the Board would not try to sell the idea. Mr. Stewart asked if the other property owners were agreeable would the town be acceptable, and the Chairman explained that there would have to be an entirely new surface before the street would be accepted and the street would not be accepted if it were built by a pri- vate contractor. He explained the procedure for street acceptances and said that the funds would have to be appropriated at a Town Meeting. 486 Rummage Sale The discussion continued for quite some time and the Chairman said that both men would find Mr. Burns com- pletely co-operative in furnishing information pertain- ing to quantities and answering questions. Messrs. Harkness and Stewart retired at 9:20 P.M. Letter from Mr. Burns with reference to a report mentioned by William Roger Greeley, relative to the heating system at Cary Building, was noted and placed on file. Letter was received from Mrs. Louis F. Cizek, re- questing permission, on behalf of the Hancock Church Women's Association, to use the Barnes property for a rummage sale on Friday, September 28th and Saturday, September 29th. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the request. Application was received from the Lexington Choral Society requesting permission to conduct a Christmas Use of Concert in Cary Hall on December 16th and a rehearsal Hall on December 15th. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant both uses of hall free of charge. Upon motion duly made and seconded, it was voted to sign the following Water Orders. Water Nowers Road from Blake Road, a distance of approx- Orders imately 315 feet northeasterly; Paul Revere Road, from Asbury Street approximately 750 feet easterly. (Copy of Orders in Selectmen's Files - Water Orders, 1951.) The Chairman reported that he and Mr. Burns had made an inspection of the Barnes property with reference to the rooms which Dr. Barnes would like to use as a physician's office, and stated that the heating system would have to be_reeoned at an approximate cost of $500. The present sink is not suitable and would have to be replaced which, together with other plumbing fixtures, will cost about $600. Necessary electrical fixtures, repairs to floors, ceilings, and painting will bring the total cost to approximately $2,500 of which $1,500 would be directly attributable to the fact that the rooms were going to be used as a doctor's office. He stated that the Town might net $500 per year and financially it might be an item of recovery of cost in five years, but it is questionable. Mr. Emery said that he would prefer not to a ct upon the subject and refired with Mr. Burns at 10:10 P.iai. It was the unanimous decision of the four members present not to entertain Dr. Barnes' proposal to rent rooms in the Barnes Property for a physician's office. 1 The meeting adjourned at 10:15 P.M. A true record, Attest Clerk 487 SELECTMEN'S MEETING June 25, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, June 25, 1951 at 7:00 P.M. Chairman Nickerson Messrs. Emery, Gay and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Driscoll arrived at 7:25. Hearing was declared open upon petition of the Arlex Oil Company for license to store 40,000 gallons of fuel oil in underground tanks on the premises at 267-275 Massachusetts Avenue. Mr. Maloney, of the Arlex Oil Company, his attorney, Mr. May and two other individuals were present at the hearing. The Chairman said that the application is for one Arlex Oil underground tank but he understands there are to be two hearing tanks. Mr. May explained that he has discussed this with Town Counsel who said that inasmuch as the abutters had notices that there would be two tanks he was not disturbed. Mr. John Driscoll, attorney for Peter J. McDonagh, said that his client is the owner of a similar business located at 301 Massachusetts Avenue and he wished to call the Board's attention to the fact that a certain parcel of land, which he understood the tanks are not to be located on, was deeded to Arlex by Mr. McDonagh in 1948 or 1949. It was set forth in the deed that the conveyance was subject to the restrictions that "no gasoline,filling or service station shall be erected on the said premises, and that the said premises shall not be used for the bulk storage of fuel and range oil in delivery trucks on said premises." Mr. Driscoll stated that he understands that the petitioner does not plan to place the underground tanks on this particular piece of land. Mr. May said that insofar as the safety and development of the town is concerned, the Board of Selectmen could decide that better than anyone else. He stated that, with reference to the restriction in the deed, he had conferred with Town counsel. Mr. May said that he does not question the Board's right to grant the permit and if Mr. Maloney is foolish enough to put the tanks on the restricted land, that is something bet- ween Mr. McDonagh and Mr. Maloney. He explained that Arlex has purchased an additional forty feet of land upon which the tanks will be placed. 488 Mr. Gay asked if forty feet would be large enough to put in two 20,000 gallon tanks and Mr. Maloney replied in the affirmative and said that the proposed location has been approved by the Fire Chief. Mr. Driscoll said that he would like to have Mr. MoDonagh recorded in opposition even if the permit is granted on the other piece of land. Hearing was closed at 7:20 P.M. and the group retired. The Selectmen discussed the subject with Town Counsel and felt that they wanted to view the physical situation before making a decision. Town Counsel advised the Board that it would be all right for Arlex to purchase an addit- ional forty feet to the east of their old 165 foot lot and store oil there, having gained permission from the Board of Selectmen. He told the Board that the restriction in the deed on the 165 foot lot would not apply to the forty foot lot recently purchased. Decision was held over until the next meeting of the, Board. Petition was received from the Boston Edison Company Pole and the New England Telephone & Telepraph Company for joint location pole location on Blossom Street. The proposed location was approved by the Town Engineer. Upon motion of Mr. Every, seconded by Mr. Gay, it -was voted to approve the petition and sign the Order for the following pole locations. Blossom Street, southerly from a point approxi- mately 335 feet south of Cambridge -Concord, . Highway, -two poles (Two existing jointly -owned poles to be removed.) The Chairman read a letter from Mr. Garrity with reference to the removal of one tree on Forest Street and Removal three trees on property owned by Frank Ready. of trees It was agreed to authorize Mr. Garrity to remove the treeand roots at 3 Forest. Street and to remove two trees and roots at the mouth of Jean Road, but that the tree in front of Mr. Ready's house on Massachusetts Avenue should merely be cut. down to the level of the ground or if possible slightly lower. The meeting adjourned at 8:00 P.M. and the members of the Board left to attend the Special Town Meeting. The Board reconvened at the adjournment of the Town Meeting. The Clerk was not present, but was advised by the Chairman as to what action was taken in completing the agenda. cc J 1 489 Upon motion duly made and seconded, it was voted to approve surety bond in the sum of $5,000 on behalf of Mary Bond R. McDonough as Assistant Town Treasurer. Upon motion duly made and seconded, it was voted to grant the following licenses: Lexington Theatre, Inc. 1794 Mass. Ave. Sunday movies Countryside Associates Lowell St. Sunday golf License Chester Ludwig 16 Vine St. Peddler Upon motion duly made and seconded, it was voted to Jurors approve the list of jurors for 1951 as follows: (Quote) (See page 491) Upon motion duly made and seconded, it was voted to sign Water Order for the installation of a main in Woburn Street from Lowell Street easterly about 2,020 feet. It was further voted to sign Water Order for the installation of a main in Wachusett Drive from the end of the existing main, a distance of approximately 200 feet easterly. (Copy of both Orders in Selectmen's files - Water Orders, 1951) John W. Rycroft, Chief of Police, met with the Board at 9;00 P.M. and stated that he had contacted a representative of the Division of Civil Service in regard to the situation as far as new officers is concerned. He was told that if he could get the Board of Selectmen to notify Civil Service that they wished to put on "X" officers as soon as possible, they would try and arrange a special examination. If the application is made right away, they thought the officers Police would be available by the first of December, providing they Officers pass the examination. The Chief retired and Chairman Roeder and Mr. Fitzgerald of the Board of Fire Commissioners met with the Selectmen. The Commissioners gave the Board their record of the series of accidents that Roy Cook, Jr. had experienced and the Board spent some time commenting on them and try- ing to diagnosis the cause and figure out some way of Fire correcting the situation, but it seems that insufficient Dep+t men are available at times for manning the apparatus. person Every member of the Fire Department, except the Officers nel and two men, work as drivers. No real method of correcting the situation could be reached. Mr. Roeder also discussed with the Board the number of special assignments that the Commissioners have created for members of the Department such as first aid, driving and various other assignments. 490 Borrowing The Chairman telephoned Mr. Carroll and questioned him about the need for borrowing $1,000,000 in antici- pation of revenue, as requested in his letter of today'. Mr. Carroll informed the Chairman that he had just become aware of the fact that the Board wanted him to borrow money for sewer and water work, covered by an article in the warrant for the March meeting. That sum of $150,000 would cause him to withdraw his request to borrow a $1,000,000 in anticipation of revenue. _jab,/ 'L7 Cdn 1 Name Adams, Kenneth E. Adler, William D. Ahern, Joseph P. Aiken, Robert F. Andolino, Gandolfo Andrews, Henry E. Armstrong, Frank H. Arnold, Walter A. Babcock, Carl Baird, Walter Ballard, Walter C. II Barnes, George A. Barrett, Charles A. Bateman, Hilda R. Bates, John T. Batstone, Alfred E. Bean, James Warren Beatty, Walter S. Beaudry Charles S. Bell, Alexander Bennett, Nelson Bergin, Charles K. Bettencourt, Henry I. Bidwell, John Blackwell, John T. Blodgett, John L. Bolter, Carl H. Borngesser, Bert V. Jr. Boudreau, Arthur J. Boyle, Leonard Buker, Ralph E. Cann, Robert N. IICarmody, John F. Carlson, Edward Carter, F. Sherburne Casey, James F. LIST OF JURORS LEXINGTON 1951 Occupation Lithographer Buyer Clerical Milk Control Shipper Musician Bookbinder Salesman District Manager Physicist Retired Machinist Ind. Engineer Shop Manager Gulf Oil Corp. Hoisting Engineer Mover Oil Burner Retired Machinist Advertising Salesman Mechanic Market Research City Planner Boston & Maine Merchant Sales Manager Accountant Chauffeur Milkman Salesman Sales Engineer Elec. Engineer N. E. Telephone Fireman 491 Address 138 Simonds Road 31 Taft Avenue 1985 Mass. Avenue 4 Hudson Street 90 Middle Street 61 Bertwell Road 16 Lockwood Road 72 Middle Street 9 Cary Avenue 14 Percy Road 8 Raymond Street 9 Chase Avenue 1299 Mass. Avenue 10 Winthrop Road 65 Locust Avenue 49 Bartlett Avenue 26 Parker Street 183 Waltham Street 5 Raymond Street 29 Normandy Road 213 Follen Road 47 Kendall Road 2 Taft Avenue 32 Percy Road 7 Bennington Road 1654 Mass. Avenue 79 North Street 37 Independence Ave. 84 Baker Avenue 3 Curve Street 28 James Street 1956 Mass. Avenue 94 Blossom Street 82 Fottler Avenue 24 Percy Road 94 Winter Street 492 Name Chapman, Gerald Clancy, Bert Cleveland, Harold W. Clifford, Malcolm Cole, Clarence L. Conner Frank P. Conrad, Harry F. Cook, Margaret H. Coombs, Webster E. Copp, Francis W. Couette, Win S. Coye, Edward E. Coyne,: Francis J. Jr._ Crerie, Ernest J. Cronin, Marguerite A. Cumming, J. Everett Currie, Leonard J. Dean, Marshall C. DeSonie, Ernest Doll, Samuel Dolloff, George L. Drury, Herbert W. Erskine, John M. Esterberg, Charles Fawcett, Harman E. Ferry, John A. Foss, Leonard F. Glidden, James P. Griffin, Daniel J. Grush, Lincoln C. Gunning, Katherine Gustafson, Henry V. Occupation Address Auto Mechanic Badger & Co. Mechanic salesman Mfg. Agent Telephone Garage Man At Home Salesman Engineer Real Estate Electrician Chauffeur Asst Manager Secretary Electrician Architect Design Draftsman Purchasing Agent Auto Mechanic Contractor General Manager Manager Foreman Machinist Insulation Lumber Sales Engineer Electrician Production Mgr. Tel. Operator Marine Engineer 1 95 Spring Street 99 Waltham Street 60 Baker Avenue 54 Chase Avenue 50 Prospect Hill Rd. 7 Carville Avenue 212 Lincoln Street 11 Wachusett Drive 17 Shade Street 127 Blake Road 4 Wachusett Circle 54 Taft Avenue 25 Bridge Street 50 Spring Street 14 Utica Street 20 Vaille Avenue 16 Moon Hill Road 83 Blake Road 90 Spring Street 151 Shade Street 41. Watertown Street 9 Plainfield St. 41 Harding Road 263 Lincoln Street 22 Cary Avenue 86 Wood Street 12 Hancock Street 38 Outlook Drive 10 Hudson Street 10 Tower Road 26 Cliffe Avenue 25 Taft Avenue NAme Haigh, George E. Hannah, Elizabeth J. Hansen, Tage Harding, Richard R. Hardy, Sherman K. Hathaway, Donald Hayden, Albert C. Hederstedt, Paul A. Helburn, Peter Hemstreet, Richard A. Hezlitt, Dorothy D. Hill, Donald Hilton, John C. Hodgdon, Virginia Holt, Richard P. Hood, Norton T. Howell, Wallace G. Hubbart, Paul A. Rusted, Lawrence A. Hutt, Roy L. Jellis, Leonard Jr. Jensen, Oscar R. Johnson, Alice G. Johnson, Iver Kelley, Joseph J. Kennedy, Muriel B. Kochis, August Krevis, Edward B. Kyle, Phillip Lamont, John Lane, Edward D. Lappen, John A. Lohr, Charles I. Lombard, Helen F. Loring, Seldon M. Lydiard, Alan F. Lyon, William H. Macauley, Matthew A. MacDonald, Gorden C. MacDonald, Rosalie MacGillivray, Lawrence Mackino, Patrick Occupation Gas Station Housewife Mechanic Purchasing Agent Agri. Technician Vet's Housing Engineer Ins. Broker Gardner Owner Tr. Bus. Housewife Sales Representative Machinist Housewife Salesman Storekeeper Metereologist Buyer Foreman Office Worker Telephone Salesman Secretary Asst Manager Executive Adm. Assistant Sales Engineer Machinist Builder Insurance Salesman Sales Manager Insurance Housewife Advertising Manager Real Estate Civil Engineer Milkman Housewife Chemist Heating 493 Address 30 Arcola Street 64 Bloomfield St. 46 Farmcrest Avenue 83 Hill Street 80 Hill Street 84 Shade Street 21 Eliot Road 15 Percy Road 185 Burlington Street 6 Albemarle Avenue 83 Grant Street 38 Burlington Street 70 Baker Avenue 36 Hayes Avenue 11 Bennington Road 41 Reed Street 35 Moon Hill Road 29 Harding Road 36 Kendall Road 63 Colony Road 24 Rindge Avenue 197 East Street 30 Wachusett Drive 34 Eaton Road 22 Sherburne Road 55 Hancock Street 468 Marrett Road 26 Preston Road 25 Wachusett Drive 9 Joseph Road 60 Marrett Road 57 Forest Street 15 Harding Road 23 Eliot Road 55 Bloomfield Street 44 Fletcher Avenue 24 Oakland Street 490 Waltham Street 1 Payson Street 8 Sheridan Street 33 Charles Street 16 Cary Avenue 494 Name Occupation Maloney, Fredrick T. Marshall, John J. Marshall, William J. May, Luke C. MoAnaul, Marie E. McCurdy, Joseph McDevitt, Thomas McLauthlin, Herbert G. Moakley, Elizabeth B. Mugridge, Charles H. Newgent, Harvey W. O'Brien, James J. Ousback, Paul A. Packard, Ernest H. Packard, Robert H. Papen, Merrill Y. Petterson, Carl R. Phelan, Thomas J. Pierce, Irving B. Pittman, Robert G. Pohl, Arthur Potter, Winthrop P. Powers, John T. Ray, Ruth R. Ready, Francis H. Reed, Haskell W. Reilly, John F. Rich, Edwin A. Ritchie, Arthur D. Rivinius, Handel V. Royal, George T. Royle, Norman H. Sands, Walter E. Saunders, Clifton A. Sawdo, Richard M. Schaller, Harold E. Schwartz, William Scott, Milton J. Engineer Carpenter Custodian Nurseryman Housewife Public Relations Market Gardner Buyer Secretary Contractor Contractor Credit Manager Sales Manager Farmer Elec. Engineer Salesman Custodian Salesman Ret. Army Captt. Expeditor Retail Store Engineer Printer Secretary Merchant Foreman Electrician Bank Clerk Accountant Clerk Sup't of Bldgs. N. E.,Power Flour & Food Bus. Sales Manager Radio Technician Design Engineer Salesman Chemist Address 49B ker Ave. 10 Bartlett Ave.' 9 Independence Ave, 216 Pollen Road 2216 Mass. Avenue 32 Independence Ave. 1 Grove Street 15 Fair Oaks Drive 705 Mass. Avenue 123 Grant Street 31 Mariam Street 21 Ledgelawn Avenue 214 Follen Road 272 Concord Avenue 14 Gleason Road 9 Hilltop Ave. II 6 Hill Street 6 Aerial St. 60 Forest Street 15 Oxford Street 73 Bloomfield Street 25 Summit Road 21 Byron Avenue 1536 Mass. Avenue 2246 Mass. Avenue 67 Lowell Street 43 Downing Road 611 Mass. Avenue 37 Wachusett Drive 53 Cary Avenue 8 Stratham Road 152 Simonds Road 57 Meriam Street 17 Lexington Av e 18 Fair Oaks Dr 10 Colony Road 25 Fair Oaks Dr. 60 Blake Road 1 Name Shaefer,Robert F. Sheldon, George C. Simmons, Frank N. Simon, Leslie Sisson, Stanley L. Stankard, Mary E. Stevens, Rupert H. Stoffregan, Robert F. Stuart, Streeter, S. Stubbins, Hugh A. Jr. Stygles, George F. Sullivan, Thomas Sheridan, Walter F. Tarr, Vance S. Thibeault, George E. Tighe, Louis E. Trenholm, John G. Tryon, Mary K. Tullar, Fred H. Viano, Lillian L. Walsh, Edward L. Walsh, James J. Jr. Ward, John B. Mark, D. Craig Watt, Robert H. Weir, Joseph S. Wennberg, Carl 0. Whipple, Richard L. Whipple, S. Lawrence Whittemere, Peter B. Jr. Wiggins, Richard W. Winslow, Ralph T. Occupation Safety Inspector Sales Mgr. Retired Buyer Dept Head. Separator Contractor Engineer Radio Announcer Architect Painter Janitor Radio Tech. Civil Engineer Engineer Draftsman Bank Exec. Housewife Theatrical Makeup At Home Engineer Adv. Mgr. Executive Sales Engineer Plumber Ret. U. S. N. Mason Dept. Store News Editor Buyer Wholesale Beef Accountant 495 Address 14 Walnut Street 5 Cederwood Terr. 14 Normandy Road 19 Charles Street 30 Grant Street 130 Marrett Road 10 Dexter Road 16 Percy Road 11 Crescent Hill Ave 103 Pleasant Street 65 Oak Street 17 Curve Street 20 Muzzey Street 4 Ledgelawn Avenue 16 Bowker Street 7 Lockwood Avenue 2 Eustis Street 8 Dee Road 39 Reed Street 186 Bedford Street 28 Maple Street 1508 Mass. Avenue 90 Follen Road 43 Woodland Road 130 Bedford Street 23 Collidge Avenue 14 Cherry Street 14 Oakland Street 18 Belfry Terrace 307 Bedford Street 7 Maple Street 43 Locust Avenue SELECTMEN'S MEETING July 2, 1951 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, July 2, 1951 at 7;30 P.M. Chairman Nickerson, Messrs. Emery Gay and Hoyt were present. Mr. Harold E. Stevens, Town Counsel, and Mr. Malcolm H. Clifford, Chairman of the Board of Registrars, were also present. Letter was received from Alfred P. Tropeano, attorney for Alphonso B. and Margaret L. West, petitioning for an abatement of the water betterment assessment, levied against their pro- perty on Oak Street, in the amount of $1,246.50. The Board instructed Mr. Stevens to contact Mr. Tropeano to find out whether or not he will agree to a deferment, and if so the Board will vote on it. 499 West better- ment etterment assess- ment A lengthy letter was received from Mrs. Rich, Town Account- ant, quoting Section 9, Chapter 639 of the Acts of 1950. Mr. Stevens advised the Board that an emergency now exists resulting from hostile action and persons over the retirement age may be employed by vote of the Board. When the ametgency ceases, the employee will be autorlatically discharged. Upbn,mo.tion duly made_ and seconded, it was voted to grant the following licenses: Diane M. Letoile 24 Somerset Road Lexington Theatre, Inc.1794 mass. Avenue Countryside Associates Lowell Street Guide Sunday Movies Sunday Golf. Application was received from Herbert F. Stewart, on behalf of the Red Feather Campaign Committee, requesting permission to Use conduct a.raily in Cary Hall on Saturday, October 20th. of Upon motion duly made and seconded, it was voted to grant Hall the request free of charge. Petition was received requesting a referendum on the recent vote appropriating additional money for the new high school. The Board checked the names with a list of registered voters received from the Town Clerk's Office. It was decided to hold a special meeting on Thursday evening, July 5th at 7:30 P.M. to check the petition further with the Board of Registrars. The meeting adjourned at 11:30 P.M. :(Above records dictated by Chairman) 496 '99 fr a"1 SELECTMEN'S MEETING JULY 9,1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, July 9, 1951 at 7:00 P.M. Messrs. Emery, Gay, Driscoll and Hoyt were present. The Clerk was also present. Mr. Emery acted as Chairman. The Chairman read a letter from Mrs.. F. Catalano, 643 Waltham Street, stating that some time ago the town was petitioned to drain Clematis Brook. Phe project was started, but not finished and as a result Catalano her crops have suffered considerable damage due to Complaint flooding conditions. The Clerk was instructed to ask Mr. Burns to make an investigation and report to the next meeting of the Board as to what is the minimum basis upon which the complainant may be satisfied. The Chairman read a petition, signed'rediidelt;s of Fern Street, requesting the erection of warning Req. for signs to protect the children in the area. signs on Mr. Hoyt and Mr. Gay agreed to confer with the Fern. St. Supt. of Public Works on the subject. Petition was received, signed by residents of Concord Avenue and Waltham Street requesting the installation of traffic lights at the intersection of Waltham Street and Concord Avenue. The Clerk was instructed to ask the Chief of Police for a report. 1 Letter was received from the Veterans of Foreign Wars of the United States, Washington, D.C. requesting permission to display a mobile war exhibit in Lexington. V.F.W. Upon motion of Mr. Hoyt,seconded by Mr. Driscoll mobile war it was voted that theorganization be granted exhibit permission to locate the unit on the Barnes property. The Chairman suggested, and the Board agreed, that a letter be written to the V.F.W. asking when the unit will arrive, how many days it will be exhibited, what hours and what police protection, if any, will be needed. Letter was received from James E. Collins, Welfare Agenj,requesting approval of an expenditure Trust Fund of 4142 from a trust fund to pay for hospitalization of Mrs. Gertrude S. Clarke, 198 Follen Road. Mrs. Clarke is receiving Social Security in the amount of *45.60 per month and is able to take care of ordinary expenses, but does not have funds in reserve to take care of medical expenses. 1 497 Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to request the Trustees of Public Trusts to approve an expenditure of $142 from the Bridge Fund. Letter was received from George Morgan, 1048 x;3 Massachusetts Avenue, Arlington, offering 00 for Lots 12 and 13 Eaton Road. Tax Title The Committee on Tax Title property recommended Property $800 plus sewer betterment assessment in the amount of $120. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to entertain an offer of $920 for the two lots. Letter was received from Mrs. Walter W. Webber, 5 Elm Street, Stoneham, offering $100 for Lots 631- 634 inclusive on Freemont Street. The Committee on Tax Title Property does not Tax Tritle recommend selling the lots which, in its opinion, Property are of no value and if a house is constructed on this parcel of land it will have to be plowed and undoubtedly the owner will request installation of a water main. The Chairman said that he would like to look at the lots and, therefore, decision on the offer was held over until the next meeting of the Board. Mr. Frances Burke, attorney for Patrick Shanahan, Pleasant Street, telephoned during the meeting. He said that inasmuch as he understood the Board would not be meeting for another two weeks, he would like to Complaint register a complaint this evening about the cars that park on Pleasant Street, opposite Luongo's stand, in violation of the "No Parking" signs. Application was received form Lexington Chapter Red Cross, requesting permission to use Estabrook Hall on Wednesday, July 18th for the purpose of Use of showing a film on the Blood Bank. Hall Upon motion of Mr. Gay, seconded by Mr. Driscoll it was voted to grant the use of the hall free of charge. Further consideration was given to application received from the Mass. Wing, Civil Air Patrol requesting permission to conduct a ball in Cary Hall on the evening of August llth. Upon motion of Mr. Gay, seconded by Mr. Driscoll it was voted to grant the request subject to a charge of $35. Upon motion of Mr. Driscoll seconded by Mr. Gay it was voted to grant the following licenses: Lexington Theatre, Inc. 1794 Mass. Ave. Countryside Associates Lowell St. Licenses Sun. movies " golf 498 Application was received from Richard P. Martin Elm Road, Billerica, for a Junk Collector's license. Junk Police record was received from the Lexington Police License Department. denied Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to deny the application. Upon motion of Mr. Gay, seconded by Mr. Hoyt, pursuant to a petition received, it was voted to hold a referendum on Monday, July 23, 1951, upon a vote Referendum adopting the measure under Art. 2 of the warrant for the Special Town Meeting held on June 25,1951. Mr. Stevens arrived at the meeting at 7:45 P.M. Mr. Stevens said that he would prepare an order taking the Sexton property and requested the Clerk to have a check made out for $22,500 and mailed to him. Arlex Oil petition Further consideration was given Arlex Oil Company's application for a license to store 40,000 gallons of fuel oil on premises at 267-275 Massachusetts Avenue. Mr. Stevens reported that Mr. May, attorney for the petitioner, telephohed him and said that they intend to place the tanks in the rear of the property and not use the driveway between the two houses at all, but to use present property as a means of access. Mr. Driscoll, attorney for Mr. McDonagh, informed Mr. Stevens that the Board would not hear anything further from him. Mr. Gay said that he thought there would certainly be fumes from the oil which would be objectionable to the people in the neighborhood and asked if the petitioner could go to court if the Board did not grant the license. Mr. Stevens said that if the Board does not think it is tothe public interest to have the storage there, there is nothing he can effectively do. However, he can always go to court. Mr. Hoyt said that he believes there is a safety factor with all the oil being sold in the neighborhood and suggested that the Board obtain approval from the State Fire Marshall. He said that if the Fire Marshall approves, he did not see how the Board can prevent Mr. Maloney from doing business there. He stated that if the license is not granted, it will handicap his business. Mr. Stevens reminded the Board that the property is zoned for business. In order to fully protect the Board, and in view of the fact that this may be a forerunner of another application it was agreed to request the Board of Fire Commissioners to make an investigation and report to the Board.. The meeting adjourned at 8:20 P.M. .41‘i/ A true record, Attest: 1 1 500 SELECTMEN'S MEETING July 19, 1951 A special meeting of the Board was held on Thursday, July 19, 1951 at 11:00 A.M. in the Directors' Room, Merchants National Bank in Boston for the opening of bids on borrowing $50,000 for water construction, $95,000 for sewer construction and $1,740,000 for the new high school. The members of the Board were notified of the. meeting by mail on Tuesday, July 17, 1951. There were present Messrs. Nickerson, Emery and Gay of the Board of Selectmen, Harold E. Stevens, Town Counsel, Miss Murray, Clerk of the Board, Miss McDonough, Assistant Town Treasurer, Mr. Barnett, of the Merchants National Bank, and seven other individuals. The bids were opened by Miss McDonough and read by Mr. Barnett as follows. Joint bid of Smith, Barney & Co. F. S. Moseley & Co. Blair -Rollins & Co. Weeden & Co. Rockland -Atlas National Bank 1.90% .532 First Boston Corporation 1-3/4% coupon bond at par .059 Joint bid Of. First National Bank of Boston Second National Bank of Boston Esterbrook & Co. Lee Higginson Corp. Hempshill, Noyes, Graham, Parsons Co. Joint bid of Bankers Trust Co. Harris Trust & Savings Bank R. W. Pres.sprich & Co. Whiting, Weeks & Stubbs Halsey Stewart Co. Inc. Merchants National Bank of Boston Joint bid of Phelps, Fenn & Co. Goldman, Sachs & Co. Stone & Webster Corp. Wood Struthers & Co. F. S. Smithers & Co. 1.80% par .145 1-3/4% par .10 1.90% par .779 1.80% par .11 1 1.80% par .3491 II 501 Mr. Gay moved that the bid submitted by the Bankers Trust Company et al be accepted. Mr. Emery asked Mr. Stevens if the possibility of not being able to obtain steel would affect the situation and Mr. Barnett said, in connection with this, that 80% of the money could be reinvested in Federal notes at interest of 1.6%. Mr. Emery asked Mr. Stevens if there were any legal angles involved in this whole matter which, in his opinion, should be disposed of before awarding the bid and Mr. Stevens replied in the negative. Mr. Emery then seconded Mr. Gay's motion and it was unanimously voted to accept the bid submitted by the Bankers, Trust Company et al. Upon motion of Mr. Emery, seconded by Mr. Gay it was voted that the appointment by James J. Carroll, Treasurer, on March 6, 1951 of Mary R. McDonough as Assistant Town Treasurer be and hereby is approved and that such approval be effective as of March 6, 1951 and apply to all acts of said Mary R. McDonough as Assistant Town Treasurer since that date. The meeting adjourned at 11:25 A.M. A true record, Attest: 502 I, Hazel J. Murray, Clerk of the Board of Selectmen of the Town of Lexington, Massachusetts, certify that at a meeting of said Board held July 19, 1951, of which meeting all members of the Board were duly notified and at which a quorum was present, the following vote was unanimously adopted, all of which appears upon the official records of the Board in my custody: Voted that the sale of the bollowing bonds of the town, $50,000 1 3/4 per cent Water Bonds (Nos. 1 to 50) dated August 1, 1951, payable August 1 $50,000 in 1952 to 1961, and reciting that they are issued pursuant to Chapter 44 of the General Laws as amended and a vote of the town duly passed. $95,000 1 3/4 per cent Sewer Bonds. (Nos. 1 to 95) dated August 1, 1951, payable August 1 $5,000 in 1952 to 1970, and reciting that they are issued pursuant to Chapter 44 of the General Laws as amended and a vote of the town duly passed, $1,740,000 1 3/4 percent School Building Loan, Act of 1947 (Nos 1 to 1740) dated August 1, 1951, payable August 1 $90,000 in 1952 to 1959 and $85,000 in 1960 to 1971, and reciting that they are issued pursuant to Chapter 186 of the Acts of 1947 as amended and a vote of the town duly passed, to Bankers Trust Company, Harris Trust & Savings Bank, R. W. Pressprich & Co. and Whiting, Weeks & Stubbs at the price of 100.10 and accrued interest is hereby confirmed. Dated July 19, 1951. en 1 SELECTMEN'S METING July 23, 1951 A regular meeting of the held in the Selectmen's Room, Monday evening, July 23, 1951 Nickerson, Messrs. Emery, Gay, present. Mr. Burns, Supt of Clerk were also present. Board of Selectmen was Town Office Building on at 7:00 P.M. Chairman Driscoll and Hoyt were Public Works, and the 503 Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of two jurors for jury duty, Jurors Superior Court. Mrs. Dorothy D. Hezlitt, housewife, 83 Grant Street and Leonard F. Foss, lumber, 12 Hancock Street were drawn. Miss McDonough retired. Mr. Burns reported that he and the Chairman had inspected the leaks in Cary Building. He said that the condition is getting worse and the question is what to do about it or what to prepare to do about it in the budget. He explained that it will take time for someone to engage or arrange to engage an architect to take care of the work when it has been authorized. The Chairman stated that he and Mr. Burns feel that the condition is serious enough so that they don't want to call in a water proofing company, but would prefer to contact the::architects, Kilham, Hopkins and Greeley for a discussion as to how the problem -should be attacked and then consider the expense. Upon motion of Mr. Emery, seconded. by Mr. Gay, it was voted to contact Mr. Greeley and make an appointment to discuss the problem as suggested by the Chairman. Mr. Burns said that he would like to know what action is to be taken on the requests for street acceptance. He stated that petitions have been sent out all through Woodhaven development, Preston Road, Wilson Road, Bartlett Street, etc. He said that some of the petitions have been returned and have a high percentage of signatures, and read the following figures: Woodhaven Woodcliffe, Hudson, Normandy and Underwood, total average for the area 83.16% Woodcliffe Road 81.25% Hudson Road 78.6 Normandy Road 89.5 Underwood Road 83.3 The Chairman asked if the base on these streets is up to specifications and Mr. Burns eplied that they are in good condition to do now. He explained that he has figured on $1.50 a square yard and then allowed more for shaping shoulders, loaming and contingencies and arrived at $6.50 per foot. He said that he based all the assessments on $3.50 for each side of the street, and the majority of the lots are 100 feet. Leaks in Cary Bldg. Street Acceptance 504 Mr. Emery said that the Board is committed on its policy and has given everyone to understand that the Board is in favor of having streets accepted. He said that he thought the only thing to be decided is if they are to be presented at the Fall Meeting. The Chairman raised the question of putting on hot top during cold weather and Mr. Hoyt did not feel that the streets would justify calling a Town Meeting in the Fall. It was the opinion of the Board that these streets should be ready for the next Annual Town Meeting. Mr. Burns then discussed acceptance of Preston Road and explained that it is in two sections, came in as one, but he broke it down into two. He said that between Crawford Road and Blake Road only two people out of nine signed. After the recent storm a Mr. Cole came in and Mr. Burns explained the situation to him. On July 20th he took an additional petition with the names of the people who did not sign the original petition and this last petition is still out. Ninety percent of the people have signed on the Bedford Street end up to Simonds Road. He said that before the week is out he in - Preston tends to find out if the street can be sewered Road down by Lidberg's farm and if it can be, he will ask to have the sewer installed when the street is constructed. However, if it cannot be sewered, he will still ask to have the street built. The Chairman suggested that further consider- ation of the acceptance of Preston Road be held over until the next meeting to see if the other half of the street is to be constructed. Mr. Hoyt suggested the possibility of setting a dead line for accepting petitions for street construction, water and sewer installations. Mr. Driscoll said that he would like to hear how the Supt of Public Works feels about it. The Chairman suggested, and the Board agreed, that Mr. Burns give this subject some consideration and report further at the next meeting of the Board. Mr. Burns discussed the sick leave policy 'and said that he would like to have something worked out whereby an employee would not lose the first two days' pay. He explained that when the present policy was originated, it was an effort to prevent Sick the men from taking time off. He said that, on T.oave the other hand, some men if they .stay home for a day or two would actually save time by taking the time off to recover, and that a man out sick for a day would not necessarily have a doctor. He stated that the policy in most towns is for the sick leave to start as the day of sickness and that it is generally left up to the Sap't of Public Works to determine whether or not a certificate is necessary. CC 1 Mr. Burns said that he does not expect the Board to arrive at any decision this evening. Mr. Emery said that he would be inclined to accept whatever Mr. Burns might recommend. The Chairman asked if Mr. Emery would be willing to consider a vote whereby the present policy would be discarded for a trial period of one year, and ask Mr. Burns to keep a record for a year of the various in- dividuals who are out sick. Mr. Emery replied in the affirmative.. Upon motion of. Mr. Hoyt, seconded by Mr. Driscoll it was voted to discard the present sick leave policy for a trial period of one year, and further to leave the responsibility of determining whether or not a doctor's certificate is necessary up to the Superintendent of public Works. Mr. Stevens, Town Counsel, met with the Board of 7:50 P.M. The Chairman read a letter from Edwin B. Worthen, Treasurer of the Lexington Savings Bank, referring to damage caused in the recent rain storm which he claimed was due to the fact that the drain in Massachusetts Avenue did not function properly. He stated that the drain from Clarke Street to Vine Brook was laid in 1906 and that three abutters, including the bank, contributed $1,075, towards the cost of the new drain. Mr. Worthen suggested that the trouble could have been caused by lack of a sufficient number of catch basins or a break in the drain. Mr. Burns explained that there is no opening in the drain from the bank building to the Colonial Garage and that there is only one way to investigate it and that is to dig it up. He explained that the distance is too far to be rodded, and that it will cost between 4500 and 4600 to put in three manholes. Mr. Emery suggested that Mr. Burns check into this further and place it on his list for a future meeting. The Chairman suggested that action be deferred until another Storm, rather than spend $500 or 4600, inasmuch as the recent storm was most unusual. Letter Was received from the State Department of Public Works, together with contract in duplicate for maintenance of the following Chapter 90 streets: Massachusetts Avenue, Pleasant Street, Bedford Street, Chapter Wood Street, Maple Street and Waltham Street. 90 Upon motion of Mr. Gay seconded by Mr. Driscoll, it was voted to sign the contracts and return them to the State for the Commissioners' signatures. 505 Mass. Ave. Drain (Savings Bank) 506 Monsignore Court Case Legal Issue Mr. Stevens reported briefly on the Monsignore case. Mr. Monsignore applied to the Board of Appeals for a permit to operate a store on Laconia Street, the permit was denied, but proceeded to conduct the business. Mr. Stevens said that there is a question as to whether or not this is a nonconforming use. He asked if the Board wanted him to take legal action if he thinks it should be started. It was unanimously agreed to authorize the Town Counsel to instigate legal proceedings if he finds there is a violation and it is in the best interest of the town. Mr. Stevens also reported briefly on the Goodwin matter, 9 Pearl Street. The Board instructed Mr. Stevens to start legal action if he deems it advisable. Mr. Stevens discussed the subject of sand and gravel removal. He said that it would seem to him that the Chief of Police should report to the Building Inspector any cases where sand and gravel is being hauled out.. The Building Inspector in turn would check to find out whether or not the individual removing the sand or gravel had a permit Removal of to do so and if not proceed to stop the removal. Sand and It was agreed to have the Chairman compose a Gravel letter to be sent to the Chief of Police and submit it to the Board for approval. Mr. Burns suggested that Mr. Lindstrom be officially notified of any instructions to the Police Department so that there will be no misunderstandings. Mr. Tropeanots letter of June 25th with reference to the water betterment assessment levied against property of Alphonso B. & Magaret L. West on Oak Street was held over. Mr. Stevens reported that he had talked with Mr. Tropeano today and he has no more information. Mr. Tropeano felt that the West matter could be worked out by allocation a Betterment certain amount of the betterment to the house Assessment lot and postponing the balance. Mr. Stevens told him that it'seemed to him that Mr. West might object. He informed the Board that as far as he is concerned it is up to Mr. Tropeano from here on. Letter was received from the Northeastern Gas Transmission Company, a copy of which was mailed to Town Counsel, in connection with the construction of a proposed natural gas pipe line. Mr. Stevens explained that, under the Statute) where a private corporation, other than a railroad, makes a taking in a town, either the corporation or the owner of the land can ask the Selectmen to fix the damages. If either file with the Board of Selectmen a bond acceptable to the Board for the payment of all damages and costs. Bond re natural gas line 1 507 Mr. Stevens explained that the Northeastern Gas Transmission Company has suggested $500 for the bond, but it -seems to him that the amount of the bond should be $1,000. Upon motion of Mr. Emery, seconded by Mr. Driscoll it was voted to authorize the Town Counsel to notify the Company that a bond of $10,000 should be posted Mr. Stevens retired at 8:45 P.M. The following members of the Recreation Committee met with the Board: Chairman Foley, Messrs. Crerie, Legro and Potter. Mr. Garrity, Sup't of Parks and Playgrounds was also present. Bids Sealed bids were received for reconstructing two for tennis courts at the Center Playground, opened and Tennis read by the Chairman of the Board of Selectmen as Courts follows; Dennis Driscoll & Co., Inc. $3,924 P.J. Joyce & Son 4,740 William E. Maugin) David S. Durant ) 6,640 Robert Beal -Home Maint. Service 4,195 Dr. Foley stated that the sum of $5,000 has been approved in the budget for this item and at the present time there is a balance of $4,996 in the account. Upon motion of Mr. Legro, seconded by Mr. Crerie, it was voted to accept the low bid submitted by Dennis Driscoll & Co. Inc., in the amount of $3,924. Dr. Foley reported on the condition of the gate house at the reservoir and expressed the opinion that it should be taken care of as soon as possible due to the fact that it about ready to collapse. Mr. Garrity said that he would like to have the gate house pulled away and have a survey made of the water going into the reservoir. He stated, however, that if this were done, there would be no skating area there next year. The Chairman of the Board said that the Selectmen are not particularly familiar with the conditions of the gate house and the Board has two methods of dealing with problems such as this. One method would be for the Board to inspect it and the other would be to discuss it with individuals who are familiar with the subject and take their advice. The Chairman asked if this is something that the Committee wants taken care of right away and Dr. Foley replied in the negative, but added that it should be done in the immediate future. The Chairman asked how much it would cost to take the house down and if funds are available. Mr. Burns replied that he could not say offhand, but he thought it might cost approximately $1,000. He further stated that if the house is taken down, no one will be satisfied until it is replaced and the reservoir holds water. Reservoir Gate House 508 Tank on Brenchick Property Mr. Garrity informed the Board that there is a tank at the rear of Brenchick's property on Lincoln Street and, in his opinion, something should be done about it, and he recommended that it be filled in. He stated that complaints have been filed by neighbors in the vicinity because of the odors. The Chairman of the Board inquired about its original use and Mr. Garrity explained that it was a receiving basin used prior to the Town being connected with the Metropolitan Water System. He explained that it is approximately 14' wide and 14' deep. He said that the water from this well was used to fill the swimming pool at the Center Playground but this was discontinued because the water from the Dump was seeping through the wall and it was almost impossible to filter. The Chairman assured the group that the Board would look at the tank and inform them of its decision. Dr. Foley reported that the Recreation Committee has in mind developing a playground area in the vicinity of Woodhaven and presented a sketch of the proposed location entitled "Part of Farmhurst, Sec. 4, Scale 1" -100'. He stated that it would be similar to the Kineen Pond Playground and would take care of the children in Woodhaven and the Fair Oaks Section. He explained that originally the Committee discussed the area which was taken by the Town as a fire station site. He said that the Committee•is in favor of taking lots 178 to 190 and of these lots, 4 are owned by the Town. He stated that the total assessed valuation, of lots 178 to. 191 inclusive, is $1,850. Mr. Crerie said that there are between 300 and 350 children in the Woodhaven area and 75% of them are Proposed under six years of age. Woodhaven The Chairman stated that there is not much that Playground the Board can do tonight other than take the information which the Committee has passed along. Dr. Foley said that the land is fairly low but that would not be any deterrent as far as the playground is concerned. He stated that the area is relatively level and it would require very little work to level it off and put it into shape, but did say that there is a.:bro©k through the land which would have to be piped or filled in. The Chairman asked if it is an area that floods and Dr. Foley replied that it might in the early Spring, at which time it would not be used. The Chairman asked if this item would be included in the Committee's 1952 budget and Dr. Foley replied in the affirmative. He explained that he has discussed the subject with the Planning Board and that Board has given its approval of the location. The Chairman asked if the owners of the land intended to build and Dr. Foley replied that he does not know. 1 The Chairman asked if this project is something suggested by the people in the neighborhood and Dr. Foley replied in the negative and said that it is something initiated by his Committee. Mr. Burns said that several requests have been made to extend Grassland Street to Waltham Street and asked if this were done would the Committee consider any other area. Mr. Legro said that the Committee selected this par- ticular location because it appears that there would be much less work involved than in any other area. The Chairman informed the Committee that the Selectmen would view the location. Dr. Foley asked if the Board has taken over the jurisdiction of .the playground, or the area that would be a playground at the Fiske School. He said that his Committee understands that the School Committee has turned over to the Town or is ready to turn it over, and asked if, in the event it has been turned over will it revert to the Recreation Committee for a playground. He said that if it is to revert to his Committee he would like to know when it may be made usable. The Chairman said that insofar as he knows it has not been turned over to the Board but he would refer to communication covering this subject received from the School Committee some time ago. Dr. Foley informed the Board that requests have been received for equipment for the younger children in the Kineen Pond play area. He said that the Com- mittee has a Jungle Gym and a set of teeters at the rear of the High School which can be transferred to the Kinneen Pond Playground. He said that he would like to request a sand box for the children and Mr. Garrity has quoted a figure of $100. The Chairman explained that there are no funds available and that if the Recreation Committee believes that a sand box is necessary, it should be included in the 1952 budget. The Committee retired at 9:25 P.M. Mr. Garrity reported at length on the Dutch Elm Disease and explained that the Town is not responsible for trees on private property but if the disease is to be controlled, the Town should remove them. The Chairman explained that Mr. Garrity explained that Mr. Garrity would like to purchase a combination chain saw with a generator attached. Mr. Garrity said that the saw he is now using cannot be taken into a tree and the one he has in mind is about 181 long with a cable on it and can be carried up in a tree. Mr. Gay inquired as to the money available and Mr. Garrity said that there is a balance of $895 in the Moth Department and $6,375.95 in the Shade Tree D1'1sion. Her. said that the saw he would like to puchase would cost $810. 509 os ed Wo ven Play ound Dutch Elm Disease Purchase of saw 510 b CM The Chairman asked if Mr. Garrity was prepared to mt tell the Board that he will need more money for labor to take down the diseased trees or if he was just asking the Board to consider purchasing a new saw. Mr. Garrity replied that he is just giving the Board an idea of the condition of the trees and recommended the purchase of the saw. He also asked if the Board wished him to continue to use the form letters (sample submitted to the Board) he has been sending out to owners of diseased trees. Upon motion duly made and seconded, it was voted to authorize Mr. Garrity to purchase a combination saw, generator and cord in the sum of 010 and charge this expense to the Shade Tree Fund. It was further voted to authorize Mr. Garrity to continue to send out form letters to the owners of diseased trees located on private property, inserting the work "I" in the third from the last line between the words "and" and "will". Letter from Mrs. Isabelle Linney, 127 Shade Street, requesting the removal of a tree in front of her house was held over from the last meeting. Tree Letter was received from Mr. Garrity stating that Removal there are two trees which are giving more shade than the one in question. Her complaint is that the tree shades her house too much. He recommended lightening the lower limbs in an effort to solve the problem and if this is not satisfactory then remove the two outside trees. The Board was not in favor of removing the trees and decided to view the situation. Mr. Garrity retired at 9:50 P.M. Mrs. Catalano's letter claiming damage to crops due to flooding was held over from the last meeting.,;. Catalano Mr. Burns presented a plan of the area and explained Complaint the situation. He told the Board that the Town does not contribute to the water on this land and has been operating on the basis of cleaning brooks only where the Town is contributing water to streets. The Chairman suggested that Mr. Burns discuss the subject with Mrs. Catalano and he agreed to do so. Letter was received, together with several signatures Cedar St. from residents on Cedar Street and ailjacent streets Sewer requesting the installation of a sewer. Consideration to be given the subject when 1952 budgets are discussed. Petition requesting the :erection of warning signs on Fern Street was held over from the last meeting. Mr. Hoyt reported that he has discussed the,subject with several people who signed the petition and they feel that there is speeding on the street. Mr. Needham expressed the opinion that he thought it was men working in the Moon Hill who are speeding. Signs on Fern St. 1 511 Mr. Hoyt said that he is not sure the signs will do any good, but that something should be done to at least appease the people. Signs on Mr. Burns said that the signsacogt between Fern St. $10 and $12 not including the posts and the total cost is approximately $15 each. Upon motion of Mr. Emery seconded by Mr. Hoyt, it was voted to authorize the Superintendent of Public Works to erect "Children - Go Slow" signs on Fern Street. The Chairman read a letter from the School Committee stating that the J. J. Powers Co. is pressing the Committee to determine the driveway School from Park Drive to the new high school, claiming Driveway that it will facilitate their work to have it built early. It was agreed to defer any action until some future meeting. Mr. Burns retired at 10:20 P.M.• Mr. John Blackwell and Mr. Hamblin met with the Board relative to the tax title property in the so-called Meagher development. Mr. Hamblin said that he thought the land has possibility but it is no better than its title. At the present time, according to his attorney, the title of the land in its present status is very doubtful. Meagher The Chairman stated that this is an expensive Tax Title and difficult matter inasmuch as the titles have property lapsed for such a long period of time. Mr. Blackwell said that he has discussed the subject with Town Counsel and that the Town can assess to owners unknown. The Chairman explained that the Town Counsel is very busy with other Town work, but if the work slows up he is willing to devote some time to this matter. Messrs. Blackwell and Hamblin retired at 10:30 P.M. Letter -was received from Dominic Petringa, 141 Bailey Road, Somerville, offering $500 for lots 50- 53 inclusive on Hillside Avenue. Due to the fact that the Planning Board is considering an overall project in this general area, Mr. Gay moved not to dispose of the property. Mr. Hoyt seconded the motion and it was so voted. The Chairman read a letter from the Board of Fire Commissioners stating that the State Fire Marshal had inspected the Arlex Oil property and saw no reason why a permit should not be issued for the storage of 40,000 gallons of #2 fuel oil only at 267 Massachusetts Avenue, Lexington. Tax Title Property Ariex Oil Permit 512 Licenses Transfer Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to grant the following licenses: Lexington Theatre, Inc. 1794 Mass. Ave. Sun. Movies Countryside Associates, Inc. Lowell St. Sun. Golf The Clerk informed the Board that, due to the recent referendum for which no provision was made in the budget, it is necessary to request a transfer of $400. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer the sum of $400 from the Reserve Fund to the Elections Expenses Jurisdiction of Selectmen Account. Upon motion of Mr. Driscoll, seconded by Mr. Gay, Election it was voted to appoint the following'election officers Officers for a term expiring September -1, 1952. (See Selectmen's Files -Election Worker's 1951). Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign instruments of partial release of land from water betterment assessments; said lands located on Burlington Street, Grove Street and Ivan Street, affected by the location of Route 128. The Board discussed briefly Chief Rycroft's request that a special examination be held for Police additional police officers. The Chairman was Examination authorized to advise the Chief that the Board has decided to wait until another regular exam- ination is held and not to ask for a special examination. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Veteran's it was voted to sign a deed, prepared by Town Counsel, Lot conveying Veteran Lot #17, Cedar Street to Mildred A. and William F. Furdon. Upon motion duly made and seconded, it was voted Taking to sign an Order of Taking, prepared by Town Counsel, Sexton of the land and buildings numbered 1519 Massachusetts Property Avenue, supposed to be owned by'Louise Sexton. Original Order delivered to Town Counsel. The Board agreed to hold the next regular meeting on Monday, August 6, 1951 at 7:00 P.M. The meeting adjourned at 11:15 P.M. A true record, Attest: 1 ST'T,FCTMENI S MEETING August 6, 1951 A regular meeting of Monday evening, August 6, Room, There were present Driscoll, Emery and Hoyt. also present. the Board of Selectmen was held on 1951 at 7:00 P.M. in -the Selectmen's Chairman Nickerson, Messrs. Mrs. Flaherty, Acting Clerk, was Mr. B. J. Linehan of the New England Telephone and Telegraph Company and Mr. William J. Burns, Supt of Public Works, were present for the following pole locations: (1) Waltham St. (State Highway) From a point approximately 45 feet southeasterly from manhole 54/72 located at intersection of Forest St., southwesterly to pole #195/9, approximately 40 feet underground connection. Upon motion of Mr. Emery seconded by Mr. Driscoll, it was voted to approve the pole location as submitted. (2) Cambridge -Concord Turnpike (State Highway) Northeasterly side and northwesterly from a point approximately 576 feet northwesterly of Weston St. Seven (7) poles Seven (7) existing poles to be removed. Upon motion of Mr. Hoyt seconded by Mr. Driscoll, it was voted to approve the pole locations as submitted. (3) Northern Circumferential Highway (State Highway) (Abandoned section of Weston Road.) Approximately 1,000 feet northeasterly from Concord Turnpike, northeasterly'approx- imately 200 feet underground conduit. Upon motion of Mr. Emery seconded by Mr. Hoyt; it was voted to approve the pole location as submitted. (4) Bedford St. (State Highway) From a point approximately 500 feet south- easterly from Bernard St., southeasterly approximately 240 feet underground conduit. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the pole location as submitted. (5) Northern Circumferential Highway (State Highway) (Abandoned section of Robinson Road) From pole 161/2 located approximately 500 feet northerly from Grove Street, northeasterly and northerly to pole 161/4, approximately 220 feet underground conduit. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the pole location as submitted. 513 Pole Locations 514 Pole Locations Street Lights (6) Massachusetts Ave. & Wood Street From manhole 54/89 located on Massachusetts Avenue approximately 205 feet from westerly street line of Wood St. (extended north- westerly and northeasterly to pole 115/3 approximately 360 feet underground con- nection. Massachusetts Ave. From manhole 54/89 approximately 400 feet easterly place one manhole. Old Wood Street From manhole 54/89 northwesterly to pole 115/2 abandon approximately 308.9 feet underground connection. Upon motion of Mr. Driscoll seconded by Mr. Hoyt, it was voted to approve the pole location as submitted. (7) Cambridge -Concord Turnpike (State Highway) Northeasterly side and northwesterly from a point approximately 576 feet northwesterly of Weston Street. Seven (7) poles Seven (7) existing poles to be removed. Upon motion of Mr. Hoyt seconded by Mr. Driscoll, it was voted to approve the pole location as submitted Mr. Linehan retired at 7:25 P.M. Mr. Burns presented a report on street lighting requests. He explained that only two lights had been given in the Woodhaven District last year and he would like permission to install twenty one more this year. It was his opinion that more lights would be required at a later date but this number would be sufficient for the time being. He also requested permission to make • the following installations: Wilson Road 2 Holton Road 4 Donald Street 3 Aerial Street 1 Ivan Street 1 Woodland Road 1 Westview Street 2 Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted"that the lights be installed as suggested by Mr. Burns. A letter was read'from Warren A. Hawkins, 4 Patricia Terrace, requesting the installation of a street light. This was referred to Mr. Burns, to be included in his installations if he felt it was needed. On Friday, August 3, 1951, the following bide had been received on water construction -sundry streets: 1 515 M & M Construction Co. $29,190.00 Geo. Brox, Inc. 27,973.20 D'Allesandro-Crognaie, Inc. 30,439.50 Bids Cibotti & Andreassi, Inc. 28,617.50 S. Cali Construction Co. 23,419.25 There was a general discussion concerning the bids and it was agreed after Mr. Burns had completed his check on the finincial standing of the low bidder it would be left to the discretion of the Chairman of the Board and Mr. Burns to award the contract. Mr. Burns made a report on the progress of the water program in proportion to the funds approporiated at the Annual Town Meeting. It appears that the work as presented to the Budget Committees will be done and the costs will be close to the budget figures. At 8:00 P.M. Mr. Harold Roeder and Mr. William Fitzgerald, Members of the Board of Fire Commissioners met with the Selectmen. Mr. Roeder said that at the last meeting with the Selectmen he had agreed to report back to them, after talking with Chief Engineer Roy Cook about the accident involving his son, Roy E. Cook. Mr. Roederfelt that the meeting with Chief Engineer Cook had not been too satisfactory. He had told Chief Engineer Cook the Commissioners were to report to the Selectmen after their meeting with him, and that possibly there would be some action taken after this meeting. The Commissioners requested him to consider the matter with the attitude that it might be any fireman, not necessarily his son; however, they felt his attitude was not to co- operative. Mr. Nickerson said that it showed progress, if they Fire had a formal meeting and had made an unanimous decision. Dept. Mr. Roeder replied that their decision was unanimous Report that so much time had elapsed since the accidents occured that no action other than a warning could be given at this time. He said that new rules had been issued concerning the speed at which the Fire apparatus and ambulance were to be operated. These rules had been published on the Bulletin Board and were pasted on the front of each piece of apparatus. They felt that there had been en improve- ment since the issuance of the ruling. Mr. Nickerson asked if this would check the efficiency of the Department and Mr. Roeder replied that Chief Engineer Cook had approved the ruling. Mr. Nickerson explained that this matter was distressing to everybody but had to be considered and he hoped the results would be such that there would not be any further accidents, and no further action would be necessary. He said he did not feel that Chief Engineer Cook should take offense because of this investigation. Mr. Roeder said he thought Roy, Sr. had upheld his son, but Mr. Nickerson said that he felt Chief Engineer Cook would have been loyal to any of the men in the Department. 516 Fire Dept. Report Mr. Nickerson asked if the members of the Board had any questions. Mr. Driscoll suggested that the Fire Commissioners ask Roy E. Cook to meet with them and have a discussion of the matter. He felt that much could be gained from this meeting and the reaction would be better than issuing anything in writing to him. Messrs. Roeder and Fitzgerald accepted this sug- gestion and said they would comply with this suggestion. Mr. Hoyt asked if they had talked with Roy E. Cook about this matter and Mr. Roeder replied in, the negative. Mr. Driscoll cited a case which occured recently where a truck driver had sued after'being dismissed and was ordered reinstated by the court, and collected his pay for the entire period of dismissal. Mr. Stevens said that a new Act passed says that a "man can only be dismissed for cause" and it would be im- possible to anticipate what the circumstances wbuld:be; therefore, he felt that a verbal discussion with young Roy would be more satisfactory. Mr. Roeder said that he was pleased to get the sentiment of the Board and with this in mind he felt that they could come to some satisfactory settlement of the case. He agreed to a verbal discussion between Roy E. Cook and the Board of Fire Commissioners, and that there would be nothing in writing. Mr. Roeder asked Mr. Driscoll about the driving test for all the drivers and it was suggested that Mr. Roeder contact Converse Hill and try t� secure it through the company insuring the Department. Mr. Roeder also reported that the Commissioners were having personnel record cards printed which would give a complete history of each member from the time they enter the Department until they retire or resign. The Selectmen approve this action. Mr. Roeder said that Chief Engineer Cook had brought to their attention the fact that there had been complaints about the cost of the use of the ambulance to Concord. Upon motion of Mr. Driscoll seconded by Mr. Hoyt, it was voted to review the ambulance charges. Mr. Emery agreed to check the costs for the Board. Mr. Fitzgerald said that the Fireman have requested a definite ruling be issued es to seniority rights at the scene of an accident. This refers especially to the moving of a patient in case an ambulance is needed and they wish to know whether the final decision is to be made by them or the Police Department. 1 1 1 1 1 Mr. Nickerson asked who had assumed seniority up to this point and Mr. Fitzgerald replied the Police had made the decisions but there was a difference of opinion on this question. Mr. Nickerson said he did not know what could be done about this question but it would be given consider- ation. Mr. Roeder said that two bills had been presented covering the hospitalization of medical bills for Chief Engineer Cook due to his recent accident. Blue Cross had refused payment of these bills. Mr. Harold Stevens said that he had taken the matter up with the Blue Cross and had been unable to convince them that they should pay. There are not sufficient funds in the Fire Depart- ment budget to pay them. The Chairman said the payment of the bills was under the jurisdiction of the Fire Commissioners and he suggested that they write the Board of Selectmen requesting a transfer of funds from the Reserve Fund in the amount of $376.25 to cover payment; the Board would then request the Appropriation Committee to make this transfer. Another matter for the consideration of the Board was the condition of the Fire Station Building on Bedford Street. Mr. Roeder reported that there were several leaks and that he had secured three bids for the repair work. Mr. Driscoll suggested that the architects be requested to look it over. 517 Transfer Fire The Chairman explained that since the leaks at the Fire Station Station had been brought to his attention he had also been Bldg. making a check of the Cary Memorial Building. It was his opinion and that of Mr. Burns that it would be better to start by.having the architect to diagnose the situation, inasmuch as he supposedly knows more about the building than anyone else could. He said that the Building Committee for the Central Fire Station had been discharged but he felt that the Commissioners could leave the question with the Committee now completing the East Lexington Fire Station, at least temporarily. Messrs. -Roeder and Fitzgerald retired at 8:45 P.M. The Chairman read a letter from Norman A. Downs reporting an accident with damage to his car. Upon motion ofMr. Driscoll, seconded by Mr. Emery, it was voted to refer this claim to Mr. Stevens for his attention. Claim 518 cc Ln Z A letter was received from Doris I. Allen and ." Clairborne C. Elliman requesting deferment of water Water betterment on their property on North Street. It was Better- a unanimous opinion of the Board that deferments should I went not be made where payments have already been started. The Chairman agreed to write the petitioners and advise them o f this decision. A letter and bond was received from the U. S. Fidelity Bond & Guaranty Co. re bond for Northeastern Gas Transmission - Gas Company. This bond was increased to $10,000. Mr. Stevens, Trans- Town Counsel, agreed to acknowledge receipt of this bond to mission the Company. Co. Dog 'Complaint A letter was received from Mrs. Freeman L. Gray, 9 Burlington Street, Lexington, making a formal complaint under G. L. Chapter 140, Section 157, concerning a -dog owned by Mrs. Gordan Richards of 58 Handock Street. Upon motion duly made and seconded it was voted to refer this to Dog Officer Russell to make an -investigation and secure a sworn statement from her. The officer was to be requested to make this report before the start of his vacation, if possible. A letter was received from Mr. John J. Garrity, Supt of Shade Tree Division, reporting on trees at 127 Shade Street, Shade Lexington. Trees Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to instruct Mr. Garrity to remove limbs or entire trees from the property at 127 Shade Street, according to his judgment. A letter was received from the Commonwealth of Massachusetts Route Department of Public Works, advising that the new Route 128 would 128 be opened on August 16th. Dedi- The members of the Board agreed to meet at the junction of cation Route 4 and Route 128 for this dedication. A letter was received from Mr. Edwin.B. Worthen suggesting ,Hand the erection of a hand -rail along the steep path to the Old Rail at Belfry.. Old The Chairman agreed to acknowledge this letter and advise Belfry him, that the matter would be referred to Mr. Burns for further consideration in the 1952 budget. A letter was received from Mr. Edwin B. Whrthen giving Leary- detailed information about the -Leary -Sexton Property which Sexton the Town has recently acquired. A letter of acknowledgment !Property was sent to Mr. Worthen for his valued information. A letter was received from the Massachusetts Selectmen's Association concerning passage of Bill S-718. - Bill The Chairman agreed to write Mr. Charles E. Ferguson S-718 and advise him that the Board is entirely in favor of this bill. 1 519 Upon motion duly made and seconded it was voted to sign deed conveying Lot 64 Grapevine Avenue, Lexington, Sign to Robert L. and Joan R. Jenkins and William J. and A. Deed Bernice Gibbs. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign the following water orders; (Copies of orders on file in "Selectmen's Files --Water Orders, 1951). Concord Avenue, from end of existing main a distance of approximately_1675 feet northwesterly. Water Paul Revere Road, from Constitution Road Orders a distance of approximately 365 feet easterly. A letter'was'received from Chief John W. Rycroft Cert. of certifying to the character of Andrew K. Lewis, 23 Incorp. Oakland Street, Lexington Upon motion made and seconded it was voted to sign Certificate of Incorporation for Andrew K. Lewis (and others) under the name of Kalmia Woods Corporation. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve the following applications for the uses of halls. Stanley Hill Post #38, A.L. Cary Hall 9/12/51 free of charge Richard F. Jackson 4H Conference Room 9/11/51 free of charge Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign the following licenses. Countryside Associates, Inc. Richard Michelson Simonds Pontiac, 7 Mass. Ave. Licenses Sunday Golf License Guide License lst. Class Agents License Mr. Stevens said that Mrs. Morey had inquired as to whether or not,the Board had decided where the road is to be located at the new High School. New Road Mr. Burns replied that neither he nor the Board had at High reached a tldcision because he was having punch borings School made and the location would depend upon this report. Mr. Stevens reported that he was filing a writ against Monsignore, 76 Laconia Street, for the Legal illegal operation of a store at the address. Issue Mr. Stevens also reported that he had given a notice of one week to Mr. Goodwin on Pearl Street, Legal to cease operations which do not conform to the Issue present Zoning Laws. 520 A general discussion followed on the letter in the local paper relative to the new High School Letter re written by John Devine. Mr. Stevens advised the New High Board that the construction was being continued and School any further action would have to come from Mr. Devine. Mr. Nickerson brought up the subject of the gate house at the reservoir. Mr. Burns said that the present structure could not be reactivated but another one could be pit back at the same location. It'would, however, be a different Gate House type of structure. Upon motion of Mr. Every, seconded by Mr. Driscoll, it was voted to instruct Mr. Burns to take care of this as inexpensively as possible at the present time and to take the permanent solution into consideration in his 1952 budget. Paul Revere Road proceedings were discussed and Mr. Burns advised the Board as follows: (1) That a very expensive drainage situation near the Cedar Street end exists and that the. only possibility of Avoiding this approximately $8,000 cost would be the use of an old waterway through Sullivan's land. This waterway shows on an old map produced by Mr. Burns, but will have to be proved to be in existance now. If $8,000 must be spent to put drainage in this section of the street, the length of street we will do this year will be much reduced. Paul Revere Road Drainage (2) 1 Releases for land taking must be obtained before we start any work. Sullivan and Powers are the two principal owners so it was voted by the Board to have Mr. Stevens and Mr. Burns approach these two as' soon as possible, the feeling being that if they will agree the others will go along. (3) That possible wall relocations might be required by certain owners This could prove expensive. (4) That he wants to have five foot and three foot shoulders instead of two three foot shoulders; this for pedes- trian safety. Upon motion duly made and ::seconded the Bcgrd voted to apply to the Civil Service Commission for an examination for police officers at the earliest convenience. A true record Attest: Acting Clerk 521 Police 522 Edison Way SELECTMEN'S MEETING August 13, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, August 13, 1951 at 7:30 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns Supt of Public Works, Mr. Stevens, Town Counsel, Mr. Adams, Chairman of the Planning Board, and the Clerk were also present. Chairman: What brought this meeting to a head was a letter from Bill Ballard, dated August 6th. It recalled that no progress on the Edison Way project and the Scott property matter had been made. George and I were talking about it and decided it would be wise to get all interested parties together and talk around the table and see if we could get the wheels of progress started again. From his letter, he feels he has not -rece- ived the proper data on Edison Way. To the best of Bill Burns' knowledge and to the best of my knowledge, we had a meeting early in May and he told Bill what he wanted, and Bill got it to him on that day, had it sent to him. It has not sufficed to give him what he wants. He said he wanted a layout of the road and the grades of the new road so he could tie in the back property. Burns: Correct. Mr. Balland arrived at the meeting and gave the Chairman.a letter with reference to the Woodland Bird Sanctuary property, a copy of which was left for Mr. Woodland Burns and also for Mr. Stevens. The subject. was dis- Bird cussed and Mr. Ballard declared himself agreeable to Sanctuary accepting a definite construction plan. to be prepared by the Town Engineering Department. Mr. Ballard's committee will study this plan, correct or approve same and upon final correction, sign a release giving the Town permission to perform the work on this private property. Chairman: Edison Way I would like to go into the other items that you have worked on for us because Alan has come down tonight to meet with us as Chairman of the Planning Board and he has a meeting at 8:15. I would like to start with the discus- sion of the other two items that you have been kind enough to work on. CCI 1 1 1 1 You know the reason for meeting here is to see if we can't get the wheel on the track and get it moving because you have inferred, correctly,' that the Edison Way owners' agreement was signed Dec:ember 31, 1950 and here we have gone with no parti- cular progress. Bill, we tried subsequent to our talk in May, we thought we had worked up what you wanted and given it to you. It is apparent that we haven't. We still are anxious to give you what you want so you can use it in your negotiations. It is the only way we can avail ourselves of your professional capacity which you offered to give to the Town. I want to read a paragraph of your letter of June 6th. (The Chairman read the last paragraph, of the letter). That is quite more of a bill of goods than we thought you wanted when we talked that morning. If you wanted this, I did not get it and Bill did not get it. We want to give you what you want, but I want to be sure that all this data is nece- ssary because some of it will be expensive and slow. Chairman We are talking about two different plans. One is a taking plan and the other,'a construction or finishing of the'whole road. chairman; It would be a complete layout which we did not think you wanted us to go to the expense of furnishing. You now have the layout of the road, but you say it has no didewalks, no fence location and no lighting, but it does have the gradien running through it. Burns: That line was put on as a suggestion when we talked to the owners to see if they wanted any change. (Chairman: We thought you wanted enough data to take to your people, with whom you were conferring, and if they still were in agreement with the layout, we would consider it again and go on from there. We don't want you to go in with a handful of stuff you are ashamed to present. What you have is a taking plan and an elevation. There has been added a tentative grade line of where you would recommend that the street go. Ballard: 523 Edison Way 524 Edison Way I think your recommendation will receive approval of the Selectmen and all the owners. In that you mention one item, that of adjusting the grade of the O'Connell land. Bill was concerned about having a bulkhead there. I told him we could put in a temporary bulkhead instead of a permanent one and O'Connell would be satisfied if he had his fence moved back. Then came the invitation from the Planning Board at a time when there was not in exist- ence any plan of the street as it would be when completed. It seemed to me it would be helpful to everyone concerned to take the few steps necessary to decide what the objective was. Following Mr. Howland's visit to the Planning Board, there came a direct request, and repeated requests for the grade line that Bill later on gave us. They were negotiating to improve the property and were ready to consider, in connection with the new Edison Way plan, the filling and grading of their own rear property for parking for the use of the tenants and tenants' customers, but not for any other purpose. That is one reason why it seemed to me that where you might have gone ahead with the taking plan and got • authorization from the Town, there was a dif- ference..of opinion between the Board of Seleetmen and the Planning Board. You should make your own decision as to whether a completed street was what you wanted to approve. The agreement with the Boston and Maine requires you to do a part of the street, a two-way street, also placing a fence on their land to pre#ent trespass from the street over their banking. The reason you need the surface drainage and lighting poles on the other side of the street is informa- tion to Minot, Williams and Bangs as to how they might co-operate to have parking facilities there. The question of the plan you may have as to whether you are going to have meters on either side or both sidesis important to William & Bangs. There may be some difficult engineering problems, but I think we are both making a more serious matter of this than it is. If the plans were not an advanced plan, but merely a sketch plan to see if Bill Burns' recommendations and your ideas were in tune, you would then have that information. Chairman: That is what we have in mind.- We had hoped to get some common ground, if I use the right term, on which we, you and the Planning Board, with the Planning Board's approval, could get this thing done and proceed with the next step which wouldi.be preparing the data for a Town Meeting vote. 1 That is why we are anxious to have Alan sit in with us tonight. I think we should ask him now to have the floor and ask any questions he may have in his mind, or to give us any ideas he might have. Adams; As you know, at the time of the Town Meeting, we went along only with the short piece of Edison Way to the track. When it was postponed, we decided to study that plan again together with a general overall parking plan for the entire Town. At the present moment there are about as many ideas on Edison Way on the planning Board as there are Members. I realize that a decision should be made one way or another. There is one factor that I think is bother- ing us. We are. looking at it as an overall entire parking area. It is a thing we must get on with right away. In fact, it is on the agenda tonfght. Chairman: To be frank about it, have you any idea as to whether your Board is going to feel so strongly about,the possibilities of any buildings being built along Edison Way that they will be not in favor of this proposed street, or do you think that the feeling is changing a little. No. I think the feeling is very strong. The last idea was to go through with the street and have the Town take some of the back land for municipal parking and not just parking for stores. Adams: Chairman: Were you aware of that? Ballard: 525 I heard some mention of it. The present owners have no thought or intention, and they think it would be bad policy for them, to put up any buildings facing on Edison Way except it were a part of the buildings facing on Massachusetts Avenue. As far as a taking, they are owners of property, and subject to the wishes of the Town of Lexington. If the Town takes it, process of law will determine what the costs are. Stevens; The cost would be very high. Ballard: There is no desire on the part of the Municipal Real Estate Trust to participate in a taking of that kind or join in planning for that. They would say that it is our land if you want it take it and pay us for it. We would rather continue as we are. Alan, you mentioned two parts of Edison Way. You can't according to the present plan, take any part of it. They are not willing to present it to the Town except as a part of this whole project. Co-operation will come as a whole plan. 526 Edison Way Adams: They decided that before the last meeting and I don't know if they knew it. Mr. Howland said they had no intention to build on the back street. He made it very clear and everyone heard it. Chairman: It is true that if the Planning Board does not look with favor on this overall scheme and they decide to put in a report against it, that it will hamstring the whole prop- osition with the Town Meeting vote. Ballard: Adams: Ballard: Chairman: It would be a bad Situation and I think we should at least have a plan for a completed street so that everyone -would be talking to that point. When that plan is completed if the Planning Board would like me to have a session, I would be glad to. If I have no plan of a completed street with every utility and everything in it, I have nothing. I hope the Planning Board will also consider the second gain and that is the gain that will furnish the O'Connell and Hunt properties with the rear access which they do not now have and they will be co-operative in working out a plan to widen Massachusetts Avenue, The minute the back street is built, O'Connell, except for the Atlantic & Pacific lease, will find it profitable to use if for another store. He can't use if for a store unless he puts a building on at his own risk because the Town has put a setback there. - I think the facts have been presented to the Planning Board. I would like a plan incorporating Bill's ideas and the Board's ideas and then let the Planning Board have it. If progress is being held up because of a lack of a drawing I want us all to understand it, but I can't see why, with the different Boards and the people you are negotiating with, if we have the layout of the street and the grade drawing which is on there, it should be, I would think, easy to put in where the street poles will go or the lighting poles and easy to put on where the fence is to go and easy to put on where the sidewalks are going to be and how wide they will be. What I am leading up to is this. That could be done informally without all this squad of engineering work on it and get the data to go with it, with the understanding that it is not the finished plan but the diagrammatic layout with correct grades and correct location of the street. 1 1 1 1 Burns: Ballard: Burns: Chairman: Stevens: Hoyt: Ballard: Burns: Adams: Chairman: Adams: Emery: Hoyt: Adams: Ballard: Adams: Chairman: You want "a preliminary play? Just like my letter to you of Maroh 21st. I have no point in holding the work up. If the preliminary plan is what you want you can have it within a week. We must understand that it is a good diagram. We are not opening any damage suits are we? No. Minot, Williams & Bangs want to know where the parking meters will be, but we can't put that in at the moment. I would like your suggestion. If there are parking meters they are going to be on the railroad side. I can show you that now if you want to see it. I think whatever is recommended should go in unanimously for both the Planning Board and Selectmen. If any of your Board want to hamstring this and we want to go ahead, how are we going to do it? Let us, at our next meeting, reach a decision so you will know where we stand. We should come to some point. I don't know when our next meeting will be but we will put it number one on our agenda and we will let you know where we stand. I suggest if we don't agree, that we have a joint meeting and try to agt'ee. Has the new Board of yours talked with Mr. Ballard? I don't thihk he has been in since March. 527 Edison Way I don't want to talk to the Planning Board without the Selectmen's plan. There would be no point in your talking with us until we agree to some specific plan. It might be that, guessing a little bit, we would say we are not interested in municipal parking aid at all. If we decide that, there is no point in our seeing the plan at all. If you have the plan to look at, you might not be so definite in your stand. 528 Ballard: Ballard: Chairman: Ballard: Chairman: Emery: Ballard: Emery: Hoyt: Emery; I an merely working for the Selectmen and since we have started this thing let us carry it through. Mr. Adams retired at 8:15 P.M. How can we express this thing to anyone unless they have a complete packaged article all put together? We have heard Mr. Burns' statement that he would have a preliminary plan in a week. Let's make the delivery over the table next week. We would be glad to have you meet with us next Monday night. Wouldn't it be easier from the point of view of the Planning Board if we left off the question of parking meters entirely? Sure. Leave -it off.- That will be fine. The question of settling the parking meters will be settled by the Selectmen either with or with- out the Planning Board when it comes up. If you leave out the parking meter argment you will have accomplished a lot. Their agrument is for additional parking facilities while ours is for continual flow of traffic. If it is a question of giving into the Planning Board, I would.rather sell out on a few small things and get the big things through. Mr. Burns presented a parking plan indicating the number of cars that may be parked with the street and also the number with- out the street. Ballard: Burns: Emery: Burns: Chairman: You have meters up on the Boston & they will still continue to have a themselves. Maine land where parking area Nevertheless that will still add to the parking area in the Town. Do you contemplate a complete side for driving in? Yes. If you cork the alley will you have anymore room for parking? 1 1 Burns: Hoyt: Burns: Chairman: Burns: Chairman; Ballard; Burns: Chairman: Burns: Chairman; No. What is the street width? I think it is a 501 street. The original taking was a 401 strip, and a 401 roadway was discussed. The entire width is 401 with a 5' sidewalk with about 71 for the cars, leaving 281 for the traveled way. Do you think it is wide enough With the space as it is'there, it would be. That would seem to bring us up to a reasonable point on the Edison Way. Yes. The Municipal Real Estate Trust is ready to have this laid out for parking. I think it would be helpful if you would tell me what the points of level are. I don't mean this minute, but I would like to have it in black and white. I will put the grades on the plan and'send it to you. Then you want a preliminary plan on a 201 scale showing proposed pavement, proposed parking, proposed lighting, if any, and drainage. Is a week time enough? A preliminary plan on tracing paper showing general features and approximately what is involved, one week. It will not be a finished plan or one to build from. We have made a date for Mr. Ballard for next Monday night. 529 Burns: It will be ready next Monday night. Mr. Ballard then discussed the Scott property and presented a plan dated July, 1944, showing the Massachusetts Avenue widening. He also had a blueprint what would be cut off and proposed straightening of the present lines. (Scott property and Emery Park Property) to aright angle. Ballard: The original plan I tried to work out with Scott was to sell him the fire house property for $3,000 and pay him $20,000 in two bites for the front piece. I did not succeed in that. A few months ago he had his attorney redraft the statement I made and he turns up with the sum of $28,000 and he pays $3,000 for this; one half payment when the taking was -made and the other half at the end of five years. He would have use of the property and it would not be assessed. 530 Stevens: Ballard: am There are other side agreements that his attorney put in and that is where I needed help to put the agreement in more practical form and also to have the Town Counsel say we could or could not do that. That was for the purpose of negotiating and nothing more. I don't need more from you except to say you are still of the same mind to acquire 25' in depth of the Scott property. There has been talk of $3,000 on the fire house site. Is that satisfactory? The important thing is the condition of the agreement and the price follows after. I would not want to argue price. If we can get something as to what can and cannot be done, then discuss it with Scott as to whether he was interested in the proposal on the new dollars or if he thought he would not be content with the lesser - price. Stevens: He asked for a $20,000 abatement when he conveyed the 25' strip. I suppose he would want less abatement when he was given more money. Was it your thought to put in the draft that it will be abated by $20,000? Ballard: That is a question I ask you. I suppose the Selectmen and the Town can only.work, can't do anything in a current year. Stevens: Some agreement can be made as to how much or the land value is to be abated. The title would go to the Town. We can't tax our own property. If you are going to abate the tax it would have to be abated as soon as we get title. Ballard: That is why I want your help. Stevens: Is there going to be an abatement granted and not tax the building? Ballard: If the Town gets the property I don't see why there should be any abatement made in lieu of taxes. Can we trade on the price of the fire land? There are six or eight elements of trade. Stevens: Are they all in the form of blanks in the agreement? Ballard: Suits me all right. I don't know what the Town can or can't do and I would appreciate your help. Stevens: I would not like to draw an agreement with a whole lot of blank spaces to be filled in and come back, in a way, not completed when it went out. 1 1 Chairman; Ballard Chairman: Ballard: Stevens: Ballard: Stevens: Ballard: Stevens: Ballard: 531 We have asked Mr. Ballard to try and negotiate with Mr. Scott and we have not told him anything as far as data is concerned, and have asked him if he can come up with some agreement to which Scott would agree. We would then see if we could agree to it. I have done everything you have asked me to do, but the thing has been stalemated because Mr. Stevens' predecessor has not given me the information asked for. As a negotiator I can't agree with my friend the attorney. If friend attorney wants to look at it from a negotiating point of view, he would put in, the. blanks. I want the frame work. We want to work out an agreement whereby this man can sell his property to the Town, but leaving the matter of when the Town can take it over to Scott, anytime within the next five years. He can then tear down his building whenever he wants to and give you one year's notice. If you get the frame work and show it to Mr. Scott and look it over with him and fill it in, it no commitment on the Town's part. I have already done that. I had his attorney go over it and come back with his suggestions to me. Is the transfer of the small parcel in Depot Square conditioned on whether or not this piece can be used for Emery Park. No. If the Selectmen want it squared off they I assume, ask if you can make the change. They will also ask if the ownership of the Town is such that you can again widen the street. It has nothing to do with Scott except straightening the line. He does not request that the street be widened. If you don't want to square it out, that is one thing. If you want to leave it where it is, we can go back to that. We can determine the details when you have an agreement on the part of Scott. All I want is Scott's signature on an agreement so you gentlemen can accept it or not as you please. - Merely an offer by Scott rather than a two-party agreement conditioned on vote of the Town Meeting? I would like a statement from Scott that he is ready to go forward on an agreement of that kind. This will have to have the consent of the Boston & Maine. First get Scott's proposal and a form of agreement. He has been the one to call me the last three times at three-month intervals. Why don't you think it over Harold and not ask the Selectmen to settle on the price until we get it in shape. When it is in shape for their approval and my asking Scott to determane if he is ready to go ahead on it. �e7� CCS Stevens: I would rather have it drawn up as a proposal from Scott. Ballard: Whatever you want is agreeable to me. The first thing is to get a commitment from Scott. Then when we have that, let us sit down and check them off and see what the net total is. Emery; Stevens: Emery: If you had a firm offer from Scott what consideration would you give him to make it legal? If you accept it, then put it in a form of two-party agreement binding upon Scott and binding by the Town, only when approved by vote of the Town, it would ob- tain the obligation by the Selectmen to present it to Town Meeting. Could we say that if the Town votes yes on this it is something that can be enferced? Stevens: Yes, I should think you would get an offer than have a discussion and then put it in the form of an agreement. Chairman: What would be the timing on this? Stevens: Emery: I will have something to show you next Monday night. It will be enough for you to look over. If we draw this up as Scott suggests and he signs it, then every change we want to make gives him an excuse to back out of it. Stevens: Yes. Emery: Would it be a good idea to iron out these things and see if they would be acceptable to us? Chairman: In the first place Harold will not put anything in that would be illegal. Emery: I mean the seven or eight things Scott wants for the twenty five feet. 1 Stevens: That will have to be in there if I am drawing it as he wants it. Emery: When he signs, it will be on the basis of what he wants. Chairman: Harold will lay out the frame work and bring it in next Monday night. Isn't that the time to decide. Emery: I think we should decide how we are going along with some of these points'before we give the agreement to Scott. Ballard: I would rather have the continuous okay from the Board of Selectmen as I go along. First we want to agree in principal before talking about signatures. The only reason I am talking about signatures is because Mr. Stevens talked about a proposal. 1 Stevens:_ Ballard: Stevens: Ballard: 533 We will iron out the points before we go to Scott. We are not anywhere near the point where you want to invite Scott or his Counsel to sit down. There will be no signature by Scott until you are ready to have a signature. You must rely on your negotiator. There is a period of negotiation between the time you see the original draft. We are no where near the point of agreement on this. Do you want a proposal or advice on points from one through twenty as to whether the Town can or cannot do this. I made an agreement and Scott made some additions to it. I just have a feeling against drawing this with everything he might want, to be presented to him before it is discussed by the Board. You will confer with me. We can then decide what is good for the Town to do from a legal point of view and exclude the things that are not practical to do. Stevens: Let me draw something for next Monday night and we will discuss it point by point. Ballard: All right with me. Mr. Ballard retired at 9:00 P.M. The Chairman read a letter from Leonard Jellis, Sr. requesting the Board to have the Public Works Department dump some gravel on Reed Street in front of his house, claiming it is very dusty when dry and holds water after a rain storm. Mr. Burns explained that Mr. Jellis had called him and he told Jellis that he would assume no responsibility in doing anything on Reed Street. Mr. Burns told the Board abandoning proceedings could be started. Mr. Stevens explained that if anyone should show up and claim title to the triangle, there could be a claim against the Town. Mr. Burns suggested putting it through land court and then abandoning it. Mr. Stevens said that if the easement is abandoned the fee will have to go where it was and he would have to find out where the fee was. The Chairman said that if gravel is put in, it would be all right because it is an accepted street and if oil- is put on it, it would be all right because it is an accepted street, and asked about the amount of money involved. Jellis req. for gravel on Reed St. 534 Innis req. water on Leroy and Ellison Roads Esterberg complaint Mr. Burns said that he would have to do a good job to satisfy Mr. Jellis. Mr. Emery suggested that a load of gravel be dumped on the street and oil spread on it in an effort to avoid Mr. Jellis going to the County Commissioners. Mr. Stevens said that this is definitely a Town way forced on the Town by the County Commissioners. He agreed to check the records further relative to the status of the street and report next Monday night. The Chairman read a letter from Robert L. Innis in which he referred to his letter of May 14th requesting an extension of the water main to service lots on Leroy and Ellison Roads, It was decided to request the Health Sanitarian to advise the Board relative to the status of the property insofar as cesspools or septic tanks are concerned. If he approves the area, the Board can consider the application. Letter was received from Charles G. Esterberg, Jr., 263 Lincoln Street, complaining about the Five Forks Service Station. According to Mr. Esterberg, second- hand cars, tractorsand trucks are being sold without a license. It was decided to request the Police Department to make an investigation and report. Mr. Steve s said that some time ago the Board .discussed howNitaul Revere Road should be handled in regard to obtaining releases from the abutters. He said that Mr. Burns has a plan and he has given a form of release of any claim for damages. He stated that he thought Mr. Burns feels he is going to have to do something about letting the County Commissioners know if the plan is acceptable. Mr. Burns said that he had received a call from the State.wanting to know if the Town wants the street built or not. They can let the contract in the Fall and start construction in the Spring, but Mr. Burns does not want to leave the street the way it is for the winter. The Chairman said that 50% or more of the land is Paul Revere owned by Powers and Sullivan and Mr. Stevens was going to Road give Mr. Burns a form Easements Mr. Burns stated that this has been done but if he talks to either one or both of them and they are not in agreement, it will take several weeks. The Chairman said that nothing would be done until the releases are obtained. Mr. Burns said that the State must have an answer one way or another and will have to be advised that the Town will not move on it this year and will not write a contract until.releases are obtained. an 1 535 The Chairman suggested giving the abutters an opportunity to agree or refuse to sign a release. Mr. Driscoll said that he would contact Mr. Sullivan and then advise Mr. Burns. The Chairman asked if Mr. Emery would be willing to proceed providing Mr. Sullivans signature is. obtained. Mr. Emery said that he might but he has not seen the plan and asked who else is affected. Mr. Burns said that there is a Mr. Grassiano, someone to whom he sold a house and the Ross development. Mr. Emery said that by tomorrow night Mr. Burns Paul would know Sullivan's attitude, would also have looked at Revere Rd. the dry brook and therefore know more than is known this easements evening. Mr. Hoyt said that he would be willing to pass a vote. Mr. Emery suggested that the Chairman poll the Board by telephone. - The Chairman asked if Mr. Emery would have studied the situation so that he would have it in mind for tomorrow and he replied that he will either say yes or no. It was agreed that either Mr. Burns or Mr. Driscoll will advise the Chairman as to the result of a conference with Mr. Sullivan. Letter was received from Mrs. Rich, Temporary Town Accountant, requesting a transfer of $38.99 from the Leroy 3. Brown Fund to pay some unpaid bills submitted by the 19th of April Committee. Upon motion of Mr..Hoyt, seconded by Mr. Driscoll, it was voted to request the Trustees of Public Trusts to transfer the sum of $38.99 from the Leroy S. Brown Fund to defray expenses pertaining to the 19th of April program. Letter was received from the Board of Fire Commis- sioners stating that said Board has voted to pay bills in the amount of $376.25 incurred as a result of injuries received by Chief Engineer Cook in an accident at a fire on Cedar Street. However this sum is not available in the Fire Department budget. Upon motion of Mr. Hoyt seconded by Mr. Emery, it was voted to request the Appropriation Committee to transfer the sum of $376.25 from the Reserve Fund to the Fire Department Ecpenses Account. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt it was voted to -sign a Sunday Golf License for Country- Li se side Associates, Inc. Transfer Transfer Mr. Stevens said that the Board might like to know about the removal of gravel from the Lexington Nurseries. He reported that the Chief of Police obtained a complaint against the driver of the truck hauling the gravel -and the complaint is returnable one week from tomorrow. The Chief informed Mr. Stevens that the owner of the truck will be brought in. Gravel Removal Case 536 'c Mr. Stevens also reported on the Monsignors case Monsignore and said that he is starting a bill in equity to Case prevent him from operation a store on Laconia Street. The Judge granted an order that pleadings be completed within ten days and put it on the end of the September list in Middlesex . The .case will come up for trial in October. The meeting adjourned at 10:20 P.M. A true record, Attest: SELECTMEN'S MEETING August 20, 1951 • A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening at 7:00 P.M. Chairman Nickerson, Messrs. Ethery,Gay, Driscoll and Hoyt were present. Mr. Burns, Supt of Public Works, and the Clerk were also present. Miss McDonough, Assistant Town Clerk, met with' the Board for the drawing of two jurors. Matthew A. Macauley, civil engineer; 490'Waltham Street and Robert N. Cann, salesman, 1956 Massachusetts Avenue, were drawn to serve in Cambridge beginning the first Monday in October. Hearing was declared open upon the petition of the New England Telephone and Telegraph Company for permission to lay and maintain underground conduits and manholes, with wires and cables to be placed therein, under the surface' of the following public way: 537 Jurors Massachusetts Avenue : easterly side, from manhole 54/23 opposite Locust Avenue, southerly southwesterly and Conduit southeasterly to manhole 54/32, location approximately 2820 feet. No persons were present at the hearing in favor or in opposition to the petition. Due to the fact that the Board preferred to discuss the subject with a representative of the Company before taking action, the Chairman was authorized to make an appointment for the next meeting of the Board. Petition was received from the Boston Edison Company and the New England Telephone Company for per, mission to relocate existing poles on North Street. - No persons were present in favor or in opposition to the petition. Upon motion of Mr. Emery, seconded by Mr. Driscoll it was voted to approve the petition and sign the order for the following pole locations1 North Street, southeasterly from a point approximately 540 feet south- east of Burlington Street - Five (5) poles. North Street, approximately 2,495 feet northwest of Adams Street, One (1) pole. (existing locations. No new locations desired). pole locations 538 Pole , Location Petition was received from the Boston Edison Company and the New England Telephone Company for permission to locate one pole on Revere Street. Mr. C. Henry Jackson was the only person present at the hearing. A plan showing the proposed location - was explained by Mr. Burns, the Town Engineer, and Mr. Jackson informed the Board that he has no objections. He retired at 7:25 P.M. upon motion of Mr. Hoyt seconded by Mr. Driscoll, it was voted to approve the petition and sign the order for the following pole locations: Revere Street, northwesterly side, approximately 575 feet southwest of Hancock Street Mr. William H. Ballard met with the Board and Mr. Burns presented a 201 scale plan of proposed Edison Way, showing a 321 pavement, 31 shoulders on the side of the properties. He explained that the shoulders are shown on the plan because it will be necessary to keep water from running off the pavement onto the land. The plan also showed a sidewalk on the far side and Mr. Burns explained it is to give people means of getting in and also to provide area for light poles. Mr. Burns explained that he did not show a fence on the railroad side but did show tha parking area, two-way traffic in and out of Depot Square to the Boston & Maine parking area; moved O'Connell's fence and showed relocated position and retaining wall as a safety measure. The wall, although shown on the plan, may not be necessary when the. work is actually done. The plan also showed proposed drainage. Mr. Burns said that he would be pleased to put on any additional items which might be suggested. Edison Mr. Ballard said that he thought an 8+ sidewalk Way was rather generous when a street is needed more than a sidewalk. He said, however, that this is the type of plan that he would like to present to the Boston & Maine and the property owners. He said that he would be glad to proceed on the assumption that the Board will obtain the approval of the Planning Board, and he would be glad to help,and he would get the approval of the Boston & Maine and these people who previously thought that the Town would act on it at a meeting. The Chairman asked if he meant that he would proceed with the negotiations and Mr. Ballard replied that he would just carry the negotiations further on. He said that it had been suggestedthat it be presented to Town Meeting, but all he is suggesting is to go ahead with everything all at once. He said that when this plan is approved tentatively by the Board he willbe glad to prepare a short brief as to the points, which:. the Board can have. He said that if a copy of the plan and the brief could be sent to the Planning Board it might help crystalize their ideas, and with the Boards approval, the project can be ready for the next Town Meeting wheneverit is. 1 Mr. Ballard asked if the Board had decided on the next Town Meeting and the Chairman said that the Board hoped this would be ready again next March without any difference of opinion. Mr. Ballard said that he hoped this would be ready for March and suggested that possibly a Town Meeting may be held in the Fall. He said that he would not call a meeting for this project, but would like to have it ready in the event a special meeting is held, because the people involved might change their minds. The Chairman said that he presumed the Planning Board would advise the Selectmen next Monday night if they have made any progress on the subject. The Chairman asked if, with the exception of the termination location of the fence and the fact that possibly the sidewalk width is to wide, this plan in general met with Mr. Ballard's anticipated layout and he replied in the affirmative. The Chairman said that the Board would arrive at some conclusion quickly and be in touch with Mr. Bal- lard. Mr. Burns asked if there was anything further that Mr. Ballard wanted on the plan and he replied that he would like to have the grades. Mr. Burns agreed to put on the center line, show the owners and send Mr. Ballard three copies of the plan. After Mr. Ballard had left the meeting, the Board agreed to reduce the width of the sidewalk from eight feet to five feet and also make a note on the plan that the fence is to be determined. Mr. Ballard then discussed briefly the Scott property and said that the Town Counsel sent him a draft of the proposed offer from Scott and he returned it with two or three suggestions. He said that he was surprised to learn that the Board was going to agree that future assessments were going to be this or that and that is the reason he desired help from the Town Counsel. He said that it is not possible to do some of the points asked for and he would like the Town Counsel's decision. He said that after the Board and Town Counsel have gone over the draft he would like an opportunity to look it over. - The Chairman asked if Mr. Ballard desired to dis- cuss the various points this evening and he replied in the negative, stating that he thought it comes down to what can and what cannot be done, and that he will be satisfied with Mr. Stevens' recommendations. The Chairman said that the Board would ask Mr. Stevens for his opinion and he in turn would contact Mr. Ballard. Mr. Ballard referred to the subject of the Wood- land Bird Sanctuary and explained that there are three trustees and it may take sometime to obtain their signa- tures on a release. He said he could see no reason why the release could not be drawn and that when it is a read : 1„34= send itt. 'tto ,the trustees, together with a -pilar ror their signatures. 539 Scott Proposal Woodland Bird Sanctuary release 540 Sit. of time. on Kelchester property Cali contract Partial release of water assess- ment Johnson Road Downs' Claim Pazzano's Claim Mr. Ballard retired at 7:40 P.M. and Mr. Stevens arrived at the meeting at 7:45 P.M. The Chairman suggested, and the Town Counsel agreed, that they meet with Mr. Ballard on Wednesday to go over the Scott proposal. Mr. Stevens reported that, with reference to the Kelchester property, there is some question of the title, and explained that he had prepared a document for time extension, leaving the specific date blank for the moment. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to sign the Extension of Time and Further Agreement prepared by Town Counsel. (Mr. Stevens took the signed form). Mr. Stevens explained that the contracts between the Town and Cali were ready. He recommended that the Board sign them and give them to him. He will not approve them until the insurance certificates are all in proper form. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign the contract and deliver it to Mr. Stevens as suggested by him. Letter was received from Edwin'A. Cheney, attorney for Sven H. and Virginia R. Nielsen. The Nielson's are owners of land formerly owned by Owen McDevitt, et.als and desire a partial release of water betterment assess- ments in the amount of $727.96 for a water main in Burlington Street. Mr. Stevens explained the situation and upon motion of Mr. Emery, seconded by Mr. Gay, it'was voted to sign the Partial Release of Land From Water Betterment Assess- ment form prepared by Town Counsel. Letter was received, from the Town Clerk, together with a copy of the County Commissioners' order for layout of Johnson Road. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to request the Superintendent of Public Works to re- present the Board at the hearing, and to authorize him to record the Board as being in favor of the proposed layout. Mr. Stevens discussed the claim for damages presented by Norman A. Downs, as a result of an accident involving his car and Town Sweeper. He stated that, in his opinion, there is no responsibility on the part of the Town. The Board authorized Mr. Stevens to advise Mr. Downs of his opinion.. Mr. Stevens reported on the Pazzano claim for damages as a result of an accident involving Mrs. Pazzano's carand a Town truck. He said that from the facts presented, the Town should deny liability. However, Mr. Driscoll said that he felt very definitely therewas negligence on the part of the operator of the Town Truck. CC 1 541 Mr. Stevens is to report further at the next meeting of the Board. Messrs. Stevens and Burns retired at 8:50 P.M. Chief John W. Rycroft of the Police Department met with the Board. The Chairman explained that there are a number of things the Board would like to discuss and mentioned a Civil Service examination. He asked if the Civil Chief had determined what the timing should be. Service Chief Rycroft stated that the Division will hold Exam. an examination in February with the proviso that if in December, when it checks the cities and towns it may be determined to hold. a State-wide examination in March and therefore the Lexington examination will be deferred until March. He said that this would be all right. There were two men to take the examination. One man severely injured his knee while playing ball and it may be held up for him. However, the injury may be a permanent one and he may never be able to take the examination. The Chairman asked if the Chief would like to have a formal application made now for a Civil Service exam- ination for police officers for February with the under- standing that it will give him plenty of time to get the applicants lined up and the Chief replied in the affirma- tive. The Chairman said that the Board has been endeavor- ing to prevent the extension of gravel pits around the Town and explained that it is definitely against the law to enlarge gravel pits and that no permission has been given anyone or can be given anyone to enlarge the pits. He said that the police are around town and are Gravel in the most stragetic position of anyone to catch such Pits things when they first start. He said that the Board would appreciate it very much if the Police Department would report to the Chairman, any member of the Board or Town Counsel, preferably, if any sand or gravel pit is being enlarged. The Chairman said that the third item for discuss- ion is that in line with the effort that the Board is considering making toward a 40 hour week for the Police pepartment,. He explained that little or no progress has been made as far as anything definite is concerned, but that the Board has spent a lot of time discussing the Police matter and pondering how it can be done. 40 hour He- said that the Chief knows that he has only week one possibility for a new officer and also that he is faced with the possibility of losing an officer. He explained that the Board has considered the matter of temporary employees -- school crossing people and in spite of the fact of his conversation early in March with the Chief, the Chief was very definitely against temporary employees. He said that the Board has looked into the matter of women police officers in.Newton and Melrose and has found, from a rather thorough study of the situation in Newton , that they are very 542 • satisfactory. He said that with women police officers for school duty, the Department would definitely pick up a lot of hours, enough so that with two new men the 40 hour week could be put in force. He said that the Board believes, not having scheduled it out, that by taking the number of hours that would be acquired by this method, enough hours could be assembled to bring. the force down to a 40 hour week. The Chief asked what the Chairman meant by using substitutes, and the Chairman explained that he meant by using women on the school crossings in the morning, and at noon and at the gradeschools in the afternoon. He said that the Chief has two men at the High Bchool in the morning. The Chief said that one man goes to the Fletcher Avenue crossing and the other goes to Munroe. School at 8:10 The Chairman asked if the pair of men do three jobs in the morning and the Chief replied that they do two different jobs, which is four jobs each. He has one man at Adams School and one at Oak Street who do, just one job. There are no officers at the Franklin or Fiske Schools, but there is one at Parker School and one at Massachusetts Avenue for the Hancock School. He explained that at noon there are six men on school duty; at 3:30 there are six men on school duty and the cruiser does the High School at 2:05. He said that in the morning the men are at the schools from 8:00 until 8:45 and at noon from 11:25 to 12:10. They are back again at 12:45 until 1:15. The Chief stated that each man is doing three hours and six men working is 18 hours, not including transportation. Police The Chairman said that, in other words, the Chief 40 hour has something like 20 hours a day, 4 days a week, or week 80 hours a week of this type of duty and the Chief agreed. The Chairman said that atthe present time it is permissable to employ retired people overage. He said that if the Chief could find some retired officer or retired capable person who could perform duties to give him a little aid, he might gain some hours that way The Chairman said that the Board would like the Chief to put his mind to this problem from the stand- point of seeing if he can figure out a schedule that will work toward this end. He stated that the Board is not in a position to say that it is going to force this on the Chief but would like him to consider it. The Chief said that the idea of using police women in Newton was due to this fact. It took so many men every day that they had to call night men back to over- time school duty during the day and it became an issue. He explained that they did not need more men on, lays cover the assignments except hours for schools so to overcome it, they put on women and it worked well. 1 to 1 Hesaidthat if, in Lexington, three men are taken off day shift and three women are put on schools, they will take school traffic but there will not be the men to cover the regular assignments. He said that the force will be cut down days so the the normal work will not be done. The Chairman said that the Department wants a 40 - hour week and asked why the men couldn1t be doing some- thing else while the women were doing crossings. The Chief said that in order to put in a 40 -hour week, he will have to change men off days where the schools are being taken care of and put them on nights. When the schools are done, three women have gone home so three of the manpower are left. He said that if he had enough men to cover the assignments, women would be all right. The Chairman said that there are just so many things to be done and so many officers to do them and they work 48 hours a week. The Chief said that they are working almost 60 hours a week. He said that the night men work from quarter to six until quarter to one,quarter of one until quarter of eight. These two night shifts take care of 14 hours. The other 10 hours are taken care of by day men. The Chairman asked the Chief if he could reshuffle his schedule if he had 80 hours a week more, to get the real benefit from those 80 extra hours, by decreasing the hours that the officers Would have to work. Mr. Hoyt asked if the Chief's coverage at the time of schools was being penalized when he has six men on crossings and he replied that there is no question about it. Mr. Hoyt asked if he could use those men if they were not on school crossings and the Chief replied in the affirmative. He said that he could not shorten the days of the week until he has three extra men. Mr. Hoyt said that the men would not be sitting around doing nothing if the Department had auxiliary help and the Chief said that was right. He said that usually, in the summer time, he has to send out one or two officers a day with the Public Works Department and 25% of his department is out on something unforseen. He has two men on the cruiser and finds now that very often he has to send the second cruiser out to answer calls. He stated that the Town is growing and one car can't take care of all the calls coming.in. The Chief said that he would be glad to think this over and see if he can work something out. He said that he knows the Melrose and Newton situation and it is good if manpower is available for the rest of the business of the Department. Mr. Driscoll asked how many men were on days and the Chief replied that there are twelve. Mr. Driscoll asked howl, many men were on nights and the Chief replied twelve. 543 Police 40 -hour week 544 Mr. Driscoll asked if he needed as many on days as he does on nights and the Chief replied that he does because of the schools. He explained that some- one is off every six days. There are four men off every day -- two day men and two night men. He said that the same thing is true when the Department in- creases, so does the sick leave. There are more men to be sick. He said that the men in his Department will work if they can and there is no shirking. The Chief said that with the number of men in the Depart- ment, there is no safety factor whatsoever to take care of sickness. He explained that during the summer Vaca- tions must be between June 21st and September 4th which means that every two weeks four men are on vacation, plus the menton days off. At the present time there are six men on days, not including the Chief. The Chairman asked if, in view of the questions asked, the statements he has made and the answers by the Chief, the Board felt it should ask him to proceed with a study to see if he could utilize a possible 80 hours of women officers to help toward the five-day week. Mr. Driscoll asked if the Chief had talked to them in Newton, and the Chief replied that he has talked with the. Newton Chief many times. Mr. Driscoll said that Newton is asking for more women officers this year. The Chief said that Lexington is trying to do some- thing different than they are in Newton. He said that Lexington is trying to create a five- day week and the women in Newton were not put on to create a five-day week as the men already had it. The Chairman asked if anyone wanted to make any comment on his question of a few minutes ago or if they thought the Chief's answer to the situation has changed the Board's mind. - Mr. Driscoll said that, in other words, the Chief is to mull this over and see if he can or can't make up some hours. The Chairman said that the Board thought it would be the thing to do to ask him in and lay this matter before him to see if he could reschedule his grouping to gain an advantage from a possible 80 hours of add- itional employees. Now the Chief has stated very clearly that it would not solve his situation. Mr. Driscoll asked how Melrose compared with Lexington and the Chief replied that he was not sure, but he thought there were twenty -sic men. Mr. Driscoll asked if the Chief didn't think this situation had arisen on account of the shortage of man- power through this period and the possibility of getting women who are so'effieient. The Chief replied that he did not understand it that way. He said that the schools are the problem, and that unfortunately Lexington has six schools on a main street. No requests have been received for officers at Fiske School or Franklin School but on the main street they are needed. 545 He said that there must be some bad crossings in Melrose to put on ten women for school traffic only. He explained that the Town of Melrose is not as large in area as Lexington. Melrose has enough men on duty and using women for schools works out all right. If Lexington attempts to do it under the present setup, three men will be taken off days. Mr. Emery said that the Chief believes there is nothing to be gained and asked I imp -if he was prepared to say that he does not think the women on school traffic would help. The Chief replied that he would be glad to look into it further, but personally right now he wished he could put on the women, but he can't see that it will work because he hasn't the men to cover the things that have to be done.. Mr. Gay asked if school duty was the officers first assignment and the Chief said that they come in at quarter to eight and then go out. If the day men come in later, the night men have to stay on duty longer, but if the five day week is put in effect, he will try and level it off. He said that from quarter to eight until quarter to six is a long day. During schools, the menhave about thirty minutes for lunch. The Chairman said that he thought the Board would like to have the Chief study the matter thoroughly, but that there is no hurry. He asked the Chiefto give the subject reasonable consideration, after the vacations are over, on account of the fact that the Board would like to have him do so. The Chairman said that the question about seniority at accidents has arisen and there seems to be a conflict of opinion between the Fire Department and the police Department. He. asked who is the senior force when the ambulance and the Police go to the scene of an accident. He explained that the reason for the question is because the Board has had some feeling that some fireman were not well prepared in first-aid and had taken the subject up with the Fire Commissioners who have largely corrected Seniority it already. Within a period of a few months all the at fireman will be put through a refresher course of first accidents aid.. The Chief said that he was amazed to hear'the Chairman say that there has been some conflict. He said that he has been here a long time and in all his experience never saw evidence of conflict at an accident. He said he never saw any difference of opinion and it has never been brought to his attention. The men always try to get their minds together as to what is the best procedure. He stated that the police arrive first and naturally they should be in charge of the accident. Many times they are at the scene first and have radioed back for a doctor because from experience they know that the patient should not be moved. One of the things they have been taught is never be in to much of a hurry. 546 He said the only conflict he ever heard about was not between the Police and Fireman, but from some outside individual. The Chairman asked if, because the Police Officers arrived first, the Chief thought they should have seniority rights in the control of whether the patient should be moved and how quickly. The Chief replied in the affirmative. Mr. Gay asked if the Police Officers had a first aid course and the Chief replied in the affirmative. He said that there are four .men in the Department qualified to teach first- aid. The Clerk left the meeting at 9:50 P.M. The Clerk and Supt of Public Works returned to the meeting at 10:30 P.M. The Chairman read a letter from Chief Rycroft stating that the Department of Public Utilities Lovell informed him that a petition had been received from buses people living in the Five Forks area relative to parked parking of Lovell buses which they claim has become at a traffic menace. An Agent from the Department Five informed the Chief that at the moment this is a local Forks problem. Mr. Burns and the Chief made a survey of the situation and submitted a plan together with suggest- ions that might help overcome the problem. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to put into effect on a trial basis suggestions outlined in the Chief's letter dated August 20, 1951. Chief Rycroft retired at 10:30 P.M. On Thursday, August 16th the Chairman polled the Board in reference to the construction of Paul Revere Paul Road. (See Selectmen's Meeting, August 13, 1951.) The Revere Chairman, Mr. Emery and Mr. Hoyt voted to instruct Mr. Road Burns to advise the County and State that'the Board is ready to proceed. Mr. Burns reported that Mr. Sullivan has signed a release in connection. with the'construction of Paul Revere Road, and in talking with Mr. Sullivan he asked him about the brook, Mr. Sullivan has lived here and" known about it for fifty-two years. He stated that he brought the Plan, together with a letter, to the State and asked that they adver- tise for a contract as soon as possible this Fall. The Chairman suggested that Mr. Burns try to obtain a release from the second largest property owner and then delegate someone else to contact the other property owners. 1 547 Mr. Burns submitted plans and reported on the State traffic counts at Coolidge Avenue, Hancock Traffic and Revere Streets; Lowell and Woburn Streets and counts I arrett Road. No funds are available for any of these projects this year and they therefore will have to be 1952 projects. Mr. Burns reported that he has received a re- quest from Mr. Armstrong, Supt of the East Middlesex Mosquito Control, for additional funds. Mosquito The 1950 balance and most of the 1951 appropriation control has been exhausted. He explained that $1500 will provide for work up until April, 1952. Mr. Burns suggested that the Superintendent be advised to keep sufficient funds on hand for the winter and agreed to find out what the minumum amount is that will be needed. Mr. Burns informed the Board that he will need additional funds for water services. He explained that the appropriation was $24,745 and up to August 2nd $15,261 had been used. There have been 213 Transfer services completed, deposits received for 11 (work for water' not done) and 75 requests received with no deposits. services He is estimating 85 more for the end of the year or a total of 171 additional services: He had -figured $80 per service which amounts to $13,680 and said that $5,000 more would give him a margin to work on. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll it was voted to request the Appropriation Committee to transfer the sum of $5,000 from the Reserve Fund to the Water Services Account. Petition was received, signed by four residents of Spring Street requesting the extension of a water main Spring St. from #151 to #162 a distance of approximately 500 feet. water main Mr. Burns said that he thought the extension should include the houses down below and that this would be a 1952 project. Mr. Jellist request for gravel on Reed Street was held over from the last meeting, decision having been Reed St. held up pending further information from the Town request Counsel relative to the status of the street. No for gravel action was taken. Letter was received from mr. Jackson, Health Sanitarian, relative to the proposed Ellison -Road development. Axscording to percolation tests, septic tanks with a minimum of 110 feet of leaching drain should function properly as home disposal units. The Chairman suggested that an appointment be made Ellison for Mr. Innis to meet with the Board, bring in a plan Road. and tell the Board what he intends to do. This will have to be a 1952 project. Mr. Burns retired at 11:30 P.M. 548 Tax Title Property Transfer Letter was received from,PeterMarasi, 10 Gladstone Street, North Cambridge, offering $200 for lots 644 through 648, Asbury Street. The Board is to look at the lots before taking any action on the offer. Letter was received from the Assistant Town Clerk requesting a transfer of $82 to cover the cost of ballots used in the High School referendum. ' Upon motion of Mr. Emery, seconded by Mr. Driscoll it was voted to request the Appropriation Committee to transfer the sum of $82 from the Reserve Fund to the Elections Expenses Account - Jurisdiction, Town Clerk. Application was received from the Lexington Choral Society requesting the use of Cary Hall for a spring concert on April 27; 1952. Upon motion of Mr. Hoyt, seconded by Mr. Gay, Use of it was voted to grant the requests free of charge. Hall and suggest that the organization check on the date about January 15th. Sign Letter was received from Edwin B. Worthen, Jr. recommending that a sign, directing tourists to Munroe Tavern, be placed on the parcel of land owned by the Town and located in front of the Munroe Station. Mr.•Emery moved that the suggestion be approved Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant a Sunday Golf License to Countryside Associates, Inc. The meeting adjourned at 11:55 P.M. A true record, Attest: • 1 SELECTMEN'S MEETING August 27, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, August 27, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, and Hoyt were present. The Clerk was also present. The Chairman read a letter from Orson K. Miller, 234 Concord Avenue registering a complaint about conditions at 246 Concord Avenue. He stated that Mr. Thambash and others work all day Sundays on racing cars and that the noise and gas is most objectionable. Inasmuch as it could not be determined from the letter whether the Thambashes actually conduct a business or just work on the cars as a hobby, the Chairman was authorized to confer with the Chief of Police and take whatever action seems to be warranted after the subject has been investigated. Mr. Long, representative of the New England Telephone and Telegraph Company, met with the Board, at the Board's request, relative to the application for permission to lay and maintain underground conduits and manholes on Massachusetts Avenue. The Chairman explained that the Board felt that the proposed conduit location was of such length that some further information should be obtained. Mr. Long stated that the company is endeavoring to place some more trunk lines between Arlington and Lexington. The existing conduit is filled and there is no more room for additional cable which the Town needs very ipiuch. He explained that there is a separate conduit down at the Arlington end up to the point where a new conduit has been requested. He stated that moretrunks are needed between Arlington and Lexington to give better service in Lexington. The Chairman referred to the new fire station in East Lexington and said that three or four months ago the Telephone Company took out one pole and put an underground cable in Locust Avenue with the thought in mind that as soon as funds were available the second pole would be removed. He said that it might be a good idea to remove the pole when the proposed cable is placed in Massachusetts Avenue. Mr. Long said that he was not in a position to say whether the pole could be removed or not. He agreed to present the subject of removing the second pole to the engineer and call the Selectmen's Office as to what the decision is. Mr. Long retired at 7:40 P.M. 549 Miller complaint N.E. Tel. conduit on Mass. Avenue. 550 Petition was received from residents of Meriam Street requesting hot top curbings to protect the front of their lots from the rush of water in heavy Meriam rains. St. The Chairman explained that he had discussed Drainage this petition with Mr. Burns who feels that the solution is not a curbing of this type, but the drainage which will cost $7,000 or $8,000. The Chairman was authorized to advise the pet- itioner that the only solution to the problem will be underground drainage and that it will be considered in the 1952 budget. Letter was received from Mrs. John M.Cook, on behalf of the Community Fund Drive, requesting permission to do a number of things in connection with the Drive. Approval was given for the following: 1. Boston Edison Company to install Community Fund collars on its poles. 2. Boy Snouts to pitch tents on the lawn of the Barnes property. Use of a room, for campaign headquarters, to the right of the Boy Scout entrance at the Barnes property. 3. Two spotlights on Cary lawn to illuminate Cary Building, October 20th. 4. Sounding of fire whistle. 5. Flying helium baloons over the homes of District Directors up to the individual property owners. Mr. Frederick McMillen, 82 Cliffe Avenue, Arthur T. Smith, 78 Cliffe Avenue, H. A. Hamilton, 15 Cummings Avenue and G. T. Peterson, 54 Cliffe Avenue, met with the Board. Mr. McMillen said that he has lived on Cliffe Avenue for about twenty-eight years and ever since he lived there, the Town has maintained the water Cliffe pipe and by maintaining he said he meant doing all Avenue the necessary repairs to it. Be stated that the present Water leak in the pipe, which developed some time ago, is not Main the first leak. There have been several and in the winter the water has frozen, but always repaired by the Town. The Chairman explained that the Superintendent of Public Works has discussed this subject with him and contends that this a private one -inch main, in- stalled many years ago, and not installed deep enough to prevent freezing. The Chairman said that he could not say definitely that the Town has never repaired the pipe, but he knew that Mr. Burns had never repaired it since he has been Superintendent. The Chairman asked if the repairs were made by the Town or if the people hired Town equipmrent? Mr. Hamilton said that the Town paid for the repairs. Community Fund Drive CO 1 551 Mr. Gay asked when the repairs were made and Mr. Hamilton said that it was either last year or the year before. The Chairman explained that if any work was done by the Town on a private line it was wrong. Cliffe Ave He said that the Town does not own it and is not Water Main supposed to do any repair work on a private line. He said this is the first time the Board has heard anything about the Town making repairs. The Chairman asked who paid for the pipe originally and Mr. McMillen replied that Mr. Ely Roberts turned it over to the Town and a man by the name of Gunnarson put it in and turned it over to Mr. Roberts, who turned it over to the Town. Mr. McMillen said that he has lived here twenty-eight years and the pipe was given to the Town before that. The Chairman said that as far as any information that Mr. Burns has this is a private line and if it is, the Town should not touch it. He said the only solution is to have a water main installed correctly that will give some pressure, but the people in the area have told Mr. Burns that they don't want to be assessed. Mr. McMillen said that they feel that the Town has maintained the pipe for so many years it is obligated to repair it now. He said he wants the Town to replace the present pipe. The Chairman explained that unless some record can be found that the Town has taken ownership of the line that the Town will do no more repair work on it and will not replace it. He said that the Board will have the records checked and contact Mr. McMillen at a later date. The group retired at 8:55 P.M. Mr. Bench, representative of the Registry of Motor Vehicles met with the Board and explained, -by use of a plan, proposed speed zoning on Route 2-A. He stated that the State Engineers have been working on the project for five years and arrived at the recommended speeds after studying the accident records, type of road construction, width of the roads, grades, and amount of traffic. He said the new building develop- ment was also considered. He explained that Chief Rycroft is in favor of the proposed speeds and that there will be a public hearing on the subject at 100 Nashua Street. His position is to inform the cities and towns and answer questions. Mr. Gay g14estioned the 40 mile zone at the Kelley Development and Mr. Bench said that if the Police Depart- ment makes a check of the accidents there and the Board asks to have the speed reduced, it will be given consideration. 552 Edison Way The Chairman said that there may be a school constructed in this area and Mr. Bench said that the Department would not allow 40 miles per hour in a school district and would definitely recom- mend a change. Mr. Bench retired at 9:30 P.M. and the following members of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Couette, Irwin, Johnson, Potter and Ripley. Mr. Adams presented a plan of Edison Way and the proposed street to Depot Square. He said that over a period of time his Board has had various dis- cussions on this subject but did not arrive at any conclusion. This evening they did arrive at a general conclusion for which he thought the Board would speak unanimously., The Planning Board's interest has been in parking rather than a by-pass road or access road or circulation of traffic. They agreed this evening that this is still their major interest. However, the Planning Board is in favor of an entrance - one way entrance in this section and one way out of this area. It is not in favor of the road as such, but is interested in an entrance and an egress- one way in and one way out. He said that the Planning Board is not agreed on the development of Edison Way. The Chairman said that the Boston Edison Company is not interested in giving Edison Way as just a street into the rear of the garage. He thought the Company was interested in donating the land if it is part of a through set-up. Mr. Adams said that the Planning Board's interest is still in parking. The members of his Board all more or less agree that if the road is constructed, there will be buildings put up on it. He said that his Board is aware of the many problems of plowing, lights, etc. He said his Board also agreed to close the exit to the rear of the O'Connell property. The Chairman said that when the Selectmen asked Mr. Ballard to do some negoitiating that they had been guided by what he thought he could do and should do. The Selectmen have gone along with him in general. If the Planning Board does not feel that his plan is correct, in his opinion, it tosses Mr. Ballard's services out of the window as a negotiator. He said that he does not believe there is a chance of Mr. Ballard revising the whole thing and negotiating on that basis. Mr. Adams said that he thought this subject has been viewed from two different angles and right or wrong the Planning Board is interested in parking and he thought the Selectmen were interested in circulating traffic. The Chairman said that he did not think that statement was correct. 1 1 551 Mr. Gay asked when the repairs were made and Mr. Hamilton said that it was either last year or the year before. The Chairman explained that if any work was done by the Town on a private line it was wrong. Cliffe Ave He said that the Town does not own it and is not Water Main supposed to do any repair work on a private line. He said this is the first time the Board has heard anything about the Town making repairs. The Chairman asked who paid for the pipe originally and Mr. McMillen replied that Mr. Ely Roberts turned it over to the Town and a man by the name of Gunnarson put it in and turned it over to Mr. Roberts, who turned it over to the Town. Mr. McMillen said that he has lived here twenty-eight years and the pipe was given to the Town before that. The Chairman said that ma far as any information that Mr. Burns has this is a private line and if it is, the Town should not touch it. He said the only solution is to have a water main installed correctly that will give some pressure, but the people in the area have told Mr. Burns that they don't want to be assessed. Mr. McMillen said that they feel that the Town has maintained the pipe for so many years it is obligated to repair it now. He said he wants the Town to replace the present pipe. The Chairman explained that unless some record can be found that the Town has taken ownership of the line that the Town will do no more repair work on it and will not replace it. He said that the Board will have the records checked and contact Mr. McMillen at a later date. The group retired at 8:55 P.M. Mr. Bench, representative of the Registry of Motor Vehicles met with the Board and explained, -by use of a plan, proposed speed zoning on Route 2-A. He stated that the State Engineers have been working on the project for five years and arrived at the recommended speeds after studying the accident records, type of road construction, width of the roads, grades, and amount of traffic. He said the new building develop- ment was also considered. He explained that Chief Rycroft is in favor of the proposed speeds and that there will be a public hearing on the subject at 100 Nashua Street. His position is to inform the cities and towns and answer questions. Mr. Gay questioned the 40 mile zone at the Kelley Development and Mr. Bench said that if the Police Depart- ment makes a check of the accidents there and the Board asks to have the speed reduced, it will be given consideration. 552 The Chairman said that there may be a school constructed in this area and Mr. Bench said that the Department would not allow 40 miles per hour in a school district and would definitely recom- mend a change. Mr. Bench retired at 9:30 P.M. and the following members of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Couette, Irwin, Johnson, Potter and Ripley. Mr. Adams presented a plan of Edison Way and the proposed street to Depot Square. He said that over a period of time his Board has had various dis- cussions on this subject but did not arrive at any conclusion. This evening they did arrive at a general conclusion for which he thought the Board would speak unanimously. The Planning Board's interest has been in parking rather than a by-pass road or access road or circulation of traffic. They agreed this evening that this is still their major interest. However, the Planning Board is in fa.•vor of an entrance - one way entrance in this section and one way out of this area. It is not in favor of the road as such, but is interested in an entrance and an egress- one way in and one way out. He said that the Planning Board is not agreed on the development of Edison Way. The Chairman said that the Boston Edison Company Edison is not interested in giving Edison Way as just a Way street into the rear of the garage. He thought the Company was interested in donating the land if it is part of a through set-up. Mr. Adams said that the Planning Board's interest is still in parking. The members of his Board all more or less agree that if the road is constructed, there will be buildings put up on it. He said that his Board is aware of the many problems of plowing, lights, etc. He said his Board also agreed to close the exit to the rear of the O'Connell property. The Chairman said that when the Selectmen asked Mr. Ballard to do some negoitiating that they had been guided by what he thought he could do and should do. The Selectmen have gone along with him in general. If the Planning Board does not feel that his plan is correct, in his opinion, it tosses Mr. Ballard's services out of the window as a negotiator. He said that he does not believe there is a chance of Mr. Ballard revising the whole thing and negotiating on that basis. Mr. Adams said that he thought this subject has been viewed from two different angles and right or wrong the Planning Board is interested in parking and he thought the Selectmen were interested in circulating traffic. The Chairman said that he did not think that statement was correct. 1 1 Mr. Adams said that he would put the last part as a question but he does know that the Planning Board has been interested in off-street parking. He said that the members of the Planning Board feel very strongly that if the road is constructed, there will be buildings. Mr. Couette said that Mr. Howland, of Minot, Williams and Bangs showed every evidence of being interested in parking and said that he was not so interested in the road as he was of developing the parking area. Mr. Adams said that everyone wants something that will benefit the Town, but realizes that there should be a meeting of the minds to accomplish any- thing. Mr. Emery asked if the Planning Board is of the definite opinion that there is no basic need of a circulation street. Mr. Adams replied that he thought, as of the meeting tonight, the Planning Board feels that there is no need for circulation traffic. Following further general discussion on the subject, it was agreed that the Planning Board would take the plan as prepared in conjunction with Mr. Ballard's ideas, remark it to conform to its ideas and then present it to the Board of Selectmen for consideration. If both Boards agree, the Selectmen will then refer the new plan to Mr. Ballard and ask if he would be willing to continue negotiations. The Planning Board retired at 10230 P.M. Letter from the Lexington Boy►s Club relative to the use of the Sexton property was held over from last meeting. Considerable discussion was held on the subject of the building and it was finally agreed that it would be impractical to use it as headquarters for the Boy's Club. The Chairman was authorized to so advise Mr. Newhall and ask him if he wished to with- draw the request. Mr. Hoyt retired at 10245 P.M. Letter was received from F. K. Johnson requesting permission to move the single-family dwelling at 31 Bedford Street around the back of his garage, across Town Land, to land he owns on Camellia Place. The Board had no objection and Mr. Emery mentioned that care should be taken not to crush a large drain which was installed in the area several years ago. 553 Edison Way Letter re Sexton prop• Permit to move build- ing 554 Transfer Licenses The Chairman read a letter from Mr. Chapin Veterans' Agent, advising that he will need a transfer of $2500. A transfer of $2,000 was recommended providing Mr. Chapin can explain his request to the satisfaction of the Chairman Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the following licenses: Lexington Theatre, Inc. 1794 Mass. Ave. Sunday Movies Countryside Associates Lowell St. Sunday Golf The meeting adjourned at 11:25 P.M. A true record, Attest: Cin 1 SELECTMEN'S MEETING September 4, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing on Tuesday evening, September 4, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Dris- coll and Hoyt were present. The Clerk was also present. Hearing was declared open upon the application of John H. Millican for permission to maintain one underground tank for the storage of 10,000 gallons of Bunker C No. 6 oil on premises located at 93 Hancock Street. Mr. and Mrs. Millican and Mrs. Freeman N. Gray attended the hearing, notice of which was read by the Chairman. Mr. Millican stated that he is in the greenhouse business and has four houses which he has been heat- ing with coal. At times it has-been expensive to burn coal and it is difficult to get anyone to shovel coal and ashes. He, therefore, decided to add a new boiler to the present plant and burn oil with the idea that it will be more flexible. If one fuel proves to be cheaper, that will be the fuel used. He stated that he will be using a very low grade of oil and in order to purchase it at the right price it must be purchased in large quantities. He ex- plained that the oil companies do not deliver small quantities and the only answer to the problem is to install a 10,000 gallon tank which will be located in the back of his property where it cannot be seen. He said that there will be no danger whatsoever and ,the location has been approved by the Fire Department. He explained that the burner he will use meets the requirement of the State law in regard to smoke. The Chairman asked if anyone wished to speak in favor of the application and Mrs. Millican said that she wanted to be recorded as being in favor. Mrs. Gray explained that her husband was .unable to attend the hearing and said that she is quite ill and very much concerned about the large concentration of oil in a residential district. She said that experts have informed her that burn- ing oil can cause very heavy smoke. Mrs. Gray said that she has very definite ideas with oil because there may be convalescent children there. She stated that her house is next door to Mr. Millican's place and she feels that the storage of so much oil would be dangerous. 555 Millican oil hearing 556 Shell Oil hearing There being no further questions, the Chair- man declared the hearing closed at 7:15 P.M. and the group retired. Upon motion of Mr. Emery, seconded by Mr. Gay, it was unanimously voted to grant a license to John H. Millican to maintain one underground tank for the storage of 10,000 gallons of Bunker -C No. 6 oil on premises located at 93 Hancock Street, Lexington. Hearing was declared open upon the application of the Shell Oil Company for permission to remove three 2,000 gallon tanks (now underground), install two 4,000 gallon tanks underground, and increase the capacity for storage of gasoline from 6,000 to 8,000 gallons on premises located at 1095 Massachusetts Avenue. Mr. Fagerland and Mr. Chase, representatives of the Shell Oil Company„ Mr. LaFrance operator of the station, Mr. John J. Sullivan, 1116 Mass- achusetts Avenue, and Mr. Orbert Simmons,•5 Maple Street, were present at the hearing, notice of which was read by the Chairman. Mr. Fagerland explained that the reason for removing the present tanks and installing new ones is because the present tanks have been in the present location for twenty-five years and need to be replaced. As a safety factor and to prevent leaking after deterioration of the tanks, the company proposes to put in two new tanks which will be larger in size than the present tanks. He explained that the State has allowed oil companies to use larger trucks, and to use them it is neces- sary to have larger storage tanks. With larger tanks fewer trips are made into the communities. Mr. Sullivan said that he would like to know the names of the abutters notified of this hearing and the Chairman read the names and addresses. Mr. Sullivan said that this is not a business zone, but a non -conforming use to which he is op- posed. He said that he has checked with Miss Hartwell who was unable to attend the hearing, but she authorized him to record her as being opposed. He said that the station is very noisy, in a res- idential neighborhood and open from 7:00 A. M. until 11:00 P.M., with no consideration for the neighbors. He said that he wondered if Mr. LaFrance is not diverting from operation of a gas station when he sells other items. He said that some times on Sundays it is like a boiler factory. He also complained about the large lights reflecting in his and his daughterts bedrooms. He said that another complaint is the snow in the winter - Massachusetts Avenue always being blocked. 1 He said that he thought Maple Street was cleared after complaints by the neighbors. Mr. Sullivan said that an atmosphere of distrust has been created and he thought this was a wedge for something more. He said that he is definitely opposed to any ex- tension of the non -conforming use. Mr. Simmons said that he would like to know what the By-laws are that govern this particular area. The Chairman explained that there are Zoning By-laws, but that this is a residential zone, as stated by Mr. Sullivan, which is governed by the rules of an R-1 district. He explained that this is a non- conforming use and that he would read the Zoning By- laws, but Mr. Simmons said that it would not be necessary. Mr. Simmons said that he understood that there was not to be any enlargement. The Chairman explained that if at any time the property is damaged by fire, or destroyed to a certain percentage, he thought 75%, it then cannot be replaced. Mr. Simmons asked if there are any rules or regulations covering a filling station? The Chairman explained that, from his own know- ledge, he believed it is usually customary to have a filling station only in C-1, C-2 or T-1 districts; the T-1 district having been arranged especially for highways. He stated that was to permit a filling station only on through travelled ways. It was put through Town Meeting for Childs' and the one at the corner of Waltham Street and the Concord Highway. He said that any business is supposed to be kept in a neat and orderly fashion and he believed the pumps are checked to see that the gallonage is correct. The Chairman said that beyond that there is little or no control. He explained that no en- forcing authority from the Town goes out looking for such things as gas stations delving into other business. He said that it is not hard to complain, but the complaint must come from the neighbors. Mr. Simmons asked if there wasn't some way to control the working hours and the Chairman replied that he did not know of any regulation tht compels an individual to close his business at a certain time. Mr. Simmons inquired about the location of the proposed tanks and Mr. Fagerland answered the ques- tion by showing Mr. Simmons a blueprint. He explained that the Fire Chief will not permit the company to leave the old tanks in the ground. Mr. Sullivan said that any enlargement whatsoever of this station would depreciate the value of the residential property in the neighborhood. 557 Shell Oil hearing 558 Mr. Chase, said that contrary to general opinion the Oil Company intends to be good neighbors. He explained that the company owns the property and feels that Mr. LaFrance is operating an excellent business in spite of the fact that some of the neighbors may have some difficulties at odd moments. He said that the company has a definite obligation to maintain the property. However, it is held down to some degree by the Town ordinances and as a result connot put some things under cover. He said that the travel of oil trucks can be reduced by the installation of larger tanks. Mr. Sullivan said that there is a condition in East Lexington which he hopes will not inch up any further. He said that he is much concerned about the welfare of Lexington and he takes part in the affairs of the Town with a civic interest. The Chairman asked if there were any 2,000 gallon tanks available and Mr. Fagerland replied in the negative and said that the company has not been buying any more 2,000 gallon tanks. The use of this size is almost extinct for service stations and most of the companies have gone from 3,000 to 4,000 fnd 5,000 gallon tanks. The Chairman said that he gathered from other applications that the trend is toward larger tanks. Mr. Driscoll asked if the American Federation Of Labor will regulate the hours for opening and closing the stations. Mr. Sullivan said that he does not think the Shell Oil Company is serving the neighborhood and he knows of only one customer in the neighborhood who patronizes the station. The Chairman said that he thought the Board was sympathetic to Mr. Sullivan's attitude but it is bound by the rules which it has to obey. He said that he wanted to make sure that all the evidence is present- ed and everything goes on the record. The Board will then give the matter consideration and arrive at a decision. Mr. Emery asked if all the Shell stations stay open seven days a week and Mr. Chase replied that practically 100% of the stations do remain open seven days a week and that many of them are open longer hours than Mr. LaFrance. Mr. LaFrance said that he follows daylight saving. In the summer he stays open until eleven and when daylight saving goes off, he closes at nine. He said that he is open from 9:00 A.M. until 9:00 P.M. on Sundays. Mr. Emery asked if Mr. LaFrance was unwilling to close on Sundays and he replied that it would be difficult to close on Sundays because a gas station is no longer a luxury - it is a must. He said that he closes on Thanksgiving and Christmas and on those two days receives numerous calls at his house. 1 1 1 559 He said that if every other station in Town stays open it is not fair that he should close. ' Mr. Simmons said that every other station does not stay open and Mr. Fagerland said that generally all Shell stations remain open on Sunday's. Mf. LaFrance named Fitzgerald's, Bradford Motors, Childs' and Colonial Garage as stations that are open on Sunday's. Mr. Simmons said that he was not objecting to the station being open on Sundays, but was asking for a little consideration. Mr. LaFrance said that no lubrication is done on Sundays, but in case of an emergency a tire is changed. If a motorist comes in with a flat tire and does not have a spare, the tire is repaired, He said that he does not want to work on Sundays and get into a lot of grease. He likes to be dressed up on Sunday's and take care of the gasoline customers. He said that he has been there for ten or eleven years and has never lubricated on Sundays. He said that he does 300,000 gallons a year. The Chairman asked if Mr. LaFrance would be willing to consider a letter from the members of the neighborhood stating their chief objection to the hours and noise. He said that apparently the people are troubled by the lights, long hours and noise. Mr. LaFrance said that these things have 'lever Shell been brought to his attention and that he tries to Oil run a nice station. He said that Mr. Sullivan does hearing not trade with him, but his daughter comes in quite frequently with his car and that most of the people in the neighborhood do trade with him. He explained that the neighbor next door does not trade with him because he had to let his son, who used to work with him, go. The Capones, when they lived in the rear of the station, traded with him and all the people' across the street trade with him. He explained that the reason Miss Hartwell does not trade with him is because of a little personal affair .about some snow. The winter during the heavy snow, he was plowing his driveway and had the snow pushed onto the sidewalk when she was going to the train. He stated that he did intend to clear the sidewalk but had not done so when she came by. He stated that he and Mr. Simmons had a talk about some snow on his side- walk and the matter was corrected. He said that he had never pushed any snow there afterwards. The Chairman asked if Mr. LaFrance would consider a petition from the neighbors who don't like the hours and the noise. Mr. LaFrance said that if he is going to run a business, he will have to run it when people w€nt him there, and if his business did not warrant his staying open until eleven o'clock he would close when the business stopped. He explained that the oil companies want the stations open as long as the business is good. 560 Cliffe Avenue water The Chairman said that apparently Mr. LaFrance's answer is no and Mr. Fagerland said that his company would, at all times, consider anything the neighbors would present in writing and that he, personally, would sit down and discuss the matter with any or all of them. Mr. Gay said that it appeared to him that there are two. different issues and he thought they should be handled separately; increasing the storage of gas- oline is one thing and the complaints are another. Mr. Sullivan said that his only purpose in being present this evening is to resist any increase at the station or any enlargement of the premises. The hearing was declared closed at 7:50 P.M. and the group retired. Mr. Driscoll suggested that decision be held over for one week and the other members of the Board agreed. Mr. Hoyt mentioned that the company only wants to install two modern tanks against obselete tanks. Mr. Stevens arrived at 7:55 P.M. Mr. Hoyt said that he thought the Board would be increasing the request, but he does not like the way the station is operated. lie Chairman asked if, legally, the Board would be increasing the plant of the non -conforming use. Mr. Stevens replied that he would have to give the subject some further study before expressing an opinion. Mr. Stevens reported that he had talked with Mr. Pizzano relative to his claim for damages, and he is unwilling to compromise. Mr. Stevens informed him that he would not recommend payment of the entire bill which amounts to $104. The Chairman stated that he had asked Mr. Stevens if the Town would be in any worse position if the flow of water on Cliffe Avenue were stopped momentarily. Mr. Stevens informed the Board that if any more work is done it lends more weight to the statement that the Town maintained the pipe. He said that it may be more sensible and more economical to postpone putting in a water main because of the unassessable land and the tax title land. He suggested obtining a license from the owner to permit the Town to repair the pipe. Upon motion of Mr. EMery, seconded by Mr. Driscoll it was voted to authorize the Town Counsel to prepare a form of license to be signed by the owner of the pipe which will give the Town permission to make repairs without assuming any obligations. cc 1 561 The Chairman read a letter from Mr. Stevens advising that he has put on record the conveyances to the Town by Francis and Hugh Thompson and by Robert L. Innis covering land that was selected as a possible future elementary school site. Mr. Stevens computed the amount of taxes which the Town should bear under the Thompson apportionment to be 429.16. He said that if the taxes have been paid as Mr. Thompson claims, the check should be made payable to the Thompsons in the amount of 429.16. He computed the amount of taxes which the Town should bear under the Innis apportionment to be 446.17. Inasmuch as the 1951 taxes have not been Thompson & paid, the matter can be taken care' of by abating Innis taxes 446.17 of the taxes as assessed, and a request to this effect should be initiated by the Board. Upon motion of Mr. Every, seconded by Mr. Gay, it was voted to inform the Board of Assessors of Mr. Stevens' communication and request that a refund be made out for the Thompsons in the amount of 429.16 and an abatement put through for Mr. Innis in the amount of $46.17. Letter was received from Mr. Stevens, together with a 1951 real estate tax bill covering the Sextonproperty at 1519 Massachusetts Avenue. One of the terms of the Sexton agreement between the Town and Mrs. Sexton was that she '51 taxes would not be required to pay any part of the 1951 taxes. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to request the Board of Assessors to put through an abatement. Mr. 'Stevens retired at 9:05 P.M. Further consideration was given to Mr. Peter Morasi's offer of 4200 for lots 644 through 648 Tax Title Asbury Street. property Upon motion duly made and seconded, it was voted to entertain an offer of 4350 plus any water betterment assessment. Further consideration was given to Mrs. Webber's offer of 4100 for lots 631 through 634 Freemont Street. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to entertain an offer of 4250. The Chairman read a letter from Douglas H. Maxner on behalf of the Lexington Drum Corps, re- Paper questing permission to conduct a paper drive on Drive Sunday, September 30th. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to grant the request. 562 Licenses Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Countryside Associates, Inc. Lowell St. Sun. Golf Lexington Theatre, Inc. Mass. Ave. Sun. Movies The Meeting adjourned at 9:35 P.M. A true record, Attest: CC 1 1 SELECTMEN'S MEETING September 10, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, September 10, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. The Chairman informed the Board that some- time ago Mr. Burns had talked with him about a dead line for betterment requests - roads, and water mains. Last year Mr. Burns made remark to the Board that a dead line would advisable. Mr. Burns reported that he has investigated the procedure being followed by other towns and only two, Arlington and Dracut, have any concrete program. The Town of Arlington sets October 15th as the final date for receiving requests for any work to be done the following year. The policy has been strictly followed and the people are now educated to the fact that a definite policy has been established and followed. He said that he thought this could be worked out in Lexington by educating the people by an article in the local paper and talking around town with people who would know about it. He said that it would not matter whether the Board set the first week in October or the second week. This will give the Board time to decide whether or not it is going to act and will give Mr. Burns an opportunity to set up some money in the budget and work on plans so that the necessary data will be ready for Town Meeting. Mr. Gay asked if Mr. Burns knew of anyone who would be seriously hurt if this policy were put in effect this year and Mr. Burns replied in the negative. Mr. Gay asked what the latest date would be that Mr. Burns would want to accept requests and he replied that he would not want anything after the first of November. Mr. Emery said that the plan is definitely worth a try and his idea would be to give it the utmost publicity and state that no request submitted after October 15th would be given any consideration in the 1952 budget unless it is an emergency and further that the Board reserves the right not to necessarily include all the items in the 1952 budget brought in be- fore October 15th. Mr. Driscoll said that he would be willing to go along with Mr. Emery's suggestion. sewers the be 563 Time limit for betterment requests 564 Requests for street acceptance It was unanimously agreed that the Board of Selectmen should insert a notice in the Minute Man informing the public that October 15th has been designated as the latest date for receiving better- ment requests to be considered in 1952, and that if such requests are received it will not necessarily mean that the Board will include them in the 1952 budget. Mr. Burns brought up the subject of requests for street acceptances and stated that in the Woodhaven Section he has received petitions for Woodcliffe Road, Hudson Road and Munroe Road. Petitions have also been received for Preston Road, Wilson Road, Bartlett Avenue, Pearl Street and Arcola Street. He reported on the percentage of signatures as follows. Woodhaven Section Preston Road Wilson Road Pearl Street Bartlett Avenue Arcola Street (overall) 650 100 17 Mr. Emery suggested, and the Board agreed, that the petitioners for the last three streets be notified immediately that not enough signa- tures have been obtained to have the projects included in the 1952 budget. Mr. Burns informed the Board that the amount of money involved on the streets mentioned is about $71,000. The Chairman asked if he had 'taken into consideration the fact that the Woodhaven section should be done economically and Mr. Burns replied in the affirmative. He stated that he figured bn 0.00 per foot which includes loaming and seeding. The Chairman asked if the work would be let out on contract and Mr. Burns explained that due to the large quantity of hot top involved, he would let it out. Mr. Burns agreed to have specific data prepared for the Board relative to the betterment requests now on file. Mr. Burns discussed the hours of the men in the Public Works Department and Mr. Emery asked if he was bringing this subject up as something to be considered in 1951 or 1952. The Chairman said he thought the idea was Hours in Public that the Board would study the subject possibly Works Department anticipating a request for shorter hours. Mr. Driscoll asked how the Superintendent felt and Mr. Burns said that he would like to see the 44 hour week and would like to have it effective as soon as possible. He said that either the rates would be increased and the hours 1 565 remain at.48 or the men would not be given any- more take home pay and would be given 44 hours. He said that if the Board is going to do it in any fairness, and not give a double raise to all Hours in the Town Departments, it should be done in a year Public when there was no overall percentage increase. Works The Chairman asked if the men are more dis- Dept. contented with a 48 hour working week or with the amount of money they are making - their rates, in other words. Mr. Burns replied that the rate is not so much the argument, but there is definite talk about getting down to a five day week. It was agreed that Mr. Burns should give the Board specific information as to what the rates and hours are in Towns such as Needham, Dedham, Wellesley, Winchester, Belmont, Wakefield, Stoneham, and Reading. Mr. Gay asked if the Board would be agreeable to purchasing awnings for the windows in the Tax Collector's Office providing funds are available. Awnings It was agreed that the Superintendent of for Tax Public Works would bring the subject up again Collector around the first of November and consider the possibility of purchasing awnings pending the amount of money left in the Town Offices and Cary Memorial Building Account. Further consideration was given to Mr. Robbins' request for street lights on Homestead Street. Mr._ Burns reported that the street is very dark and re- commended the installation of two lights. Street Upon motion of Mr. Emery, seconded by Mr. Hoyt Lights it was voted to approve the installation of two street lights on Homestead Street. The Chairman read a letter from Edmund J. Tocci, 8 Concord Highway, in which he complained about the drainage on Bowman Street. Mr. Burns explained that Mr. Tocci has filled in whatever drainage or lack of drainage there was Drainage there. Water from Bowman Street and water from complaint Golden Avenue in Arlington and Lexington dumps into Bowman Street. The Board agreed to view the property before taking any action on the complaint. Letter was received from Mrs. Ernest B. Johnson with reference to a water betterment assessment Johnson levied against the property at 45 Grove Street. better - Mr. Stevens, who received a copy of the ment letter, explained that this is similar to other cases release the Board has had where the State took property in con- nection with Routh 128. Mr. Stevens left the meeting at 8:15 P.M. 566 Nichols Rd. sewer Innis req. for water Mr. Raymond Thayer and Mr. Otis Bramhall met with the Board to request the installation of a sewer in Nichols Road. Mr. Thayer said that the cesspools are not functioning properly due to the seepage and the condition is becoming worse. Mr. Bramhall gave the Chairman a petition which was sent out by Mr. Burns, and stated that all but one resident signed. The Chairman explained that now the petition has been returned it will be given consideration by the Board and explained that very shortly the Board will consider all the projects for 1952. He stated, however that the Board cannotguarantee that this particular project will be included in the budget, but it will be discussed. He further explained that these projects have to be placed before Tbwn Meeting and the Board must recommend for or against them and then they are approved or disapproved by the Town Meeting. Messrs. Burns, Thayer. and Bramhall retired at 8:25 P.M. Mr. and Mrs. Innis met with the Board with reference to his application for extension of a water main to service Leroy and Ellison Roads. He presented a plan of the layout of lots and explainer] what he has done in the area to improve the property. The Chairman said that the Board was con- cerned with what he had originally proposed to do on Leroy Road because the Board of Health had objected to the development of some of the lots because they could not be properly drained. He asked if Mr. Innis now thought the situation was changed and he explained what he has done by use of the plan. He stated that he has not had any difficulty with the septic tanks in any of the houses already constructed. The Chairman explained that, by vote of Town Meeting, a building permit cannot be granted until the Board of Health has vouched for the fact that the lot can be served by a cesspool or septic tank. Mr. Burns returned to the meeting at 8:40 P.M. The Chairman explained that the extension of a water main has to be voted by Town Meeting and there has to be an article in the warrant to cover a number of 'situations. 1 He said that the project has to be started in one year and considered for the next year's budget, and explained that the Board is start- ing to work on the 1952 budgets. He informed Mr. Innis that his request will be considered as a 1952 project, and explained that if the Board does not think that the amount of money the Town will vote will take care of all re- quests, some of, them will have to be eliminated. Mr. Innis said that the water is now down Wilson Road and it would require only a short extension to take care of his lots on Roosevelt Road. The Chairman suggested that Mr. Innis confer with iVIr. Burns and give him the entire picture as to what he intends to request. After Mr. Burns has all the information, he will discuss the subject v.ith the Selectmen who will in turn contact Mr. Innis. Mr. Innis retired at 9:50 P.M. Mr. Langdon C. Hedrick, President,of Woodhaven Association, met with the Board and the Chairman read a letter from him with reference to the condition of Munroe Road. Mr. Hedrick asked if there is any question of Mr. McLaughlin, the contractor, having not met the standards and Mr. Burns replied that he met them at the time. He explained that it is now over two' years since the road was con- structed, and therefore Mr. iVIcLaughlin cannot be held responsible. The Chairman said that it is possible that the application for street acceptance may be considered in the 152 budget and said that he thought the situation would be corrected during the construction of the street if it is accepted by Town Meeting. He said that even if the Town votes to accept the street, it will not be constructed until the middle of 1952. He also explained that the deadline for accepting petitions has been extablished as Qctober 15, 1951 and that a minimum of 65% of thesignatures of property:owners 1111 be necessary for the Board to consider the petition. Mr. Hedrick and Mr. Burns retired at 9:05 P.M. Mr. Stevens returned to the meeting. Further consideration was given to Mr. Joseph Friene's offer of 3250 for Lot 3, Farmhurst Section 1, Waltham Street. Upon motion duly made and seconded, it vas voted to entertain an offer of y 250 plus 567 Woodhaven Streets Tax Title Property 568 Gasoline Permit the sewer betterment assessment of 4146.67 and a drainage easement from Waltham Street to the back of the lot. Further consideration was given to the Shell Oil Company's application for permission to remove three 2,000 gallon tanks and install two 4,000 gallon tanks at 1095 Massachusetts Avenue. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to withdraw the question that was placed before Town Counsel with reference to the application. Mr. Emery wished to be recorded in opposition. Mr. Hoyt then moved that the Shell Oil Company's application for permission to remove three -2,000 gallon tanks and install two 4,000 gallon tanks at 1095 Massachusetts Avenue, be granted. Mr. Gay seconded the motion. Mr. Emery said that he wished to be recorded in opposition, and Mr. Driscoll said that he was not ready to vote on the subject. The Chairman voted in favor of granting the permit, thereby giving a majority in favor and the vote was carried. Mr. Stevens retired at 9:35 P.M. Letter was received from Henrietta W. Bennett, on behalf of the Ladies Auxiliary, Rummage Post 3007, V.F.W. for.permission to conduct Sale a remmage sale at the Barnes Property on Saturday, September 22, 1951. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the request. Upon motion of •Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licendes: Licenses Tax Title Property Sexton Property Countryside Associates, Inc. Lowell St. Sun. Golf Lexington Theatre, Inc. Mass. Ave. Sun. Movies Lexington Theatre, Inc. Mass. Ave. Theatre With reference to Mr. Morasi's offer of 4200 for Lots 644 through 648 on Asbury Street, the Chairman explained that the water main has;been extended past this property. Upon motion made and seconded, it was voted to entertain an offer of 0475 for the five lots. Letter was received from the Boy's Club with reference to the possibility of using the Sexton property as Club Headquarters. No action was taken on the subject. recor Jh.ettes adjourned at 10:20Crerz A true 1 SELECTMEN'S MEETING September 17, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, September 17, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. Mr. Burns presented the following data relative to hours and rates of pay in Public Works Departments in Towns comparable to Lexington. 569 Hours of Public Works Dept. Town Unskilled Skilled Equip. Shovel Hr. & Truck Operator Norwood 1.47 1.505 1.705. 40 ( 1.20 ( 1.45 ( 1.58 Reading ( 1.31 (•1.57 ( 1.66 40 ( 1.30 Stoneham 1.21 ( 1.37 1.50 40 ( 1.00 Wellesley ( 1.30 1.36 1.51 40 ( .95 ( 1.05 ( 1.15 Needham ( 1.25 ( 1.35 ( 1.45 40 Watertown 1.25 1.30 1.35 40 a Belthont 1.20 1.26 1.42 40 Natick 1.15 1.20 1.24 1.37 40 Winchester 1.13 1.21 1.41 40 .Lex. 44 1.27 14385 1.625 1.54 sex... 48 1.15 1.27 1.49 1.70 Lip. Driscoll said that he would like to see the hours dropped to 44 beginning the first of October. The Chairman asked how the Board could reduce the hours with next year a big ques- tion, and Mr. Driscoll replied that Lexington is so far out of line that it may come to eight hours instead of four. Mr. Hoyt said that Lexington may be behind in hours but not in pay. Mr. Driscoll said that it was up to the Board to make a decision but that he wished to be recorded as being in favor of reducing the hours to 44 a week. Hours of Public Works Dept. 570 Mr. Emery asked if the men would work 44 hours in five days and Mr. Burns replied in .the affirma- tive. Mr. Emery asked if the men would work on Sat- urday and receive time and a half and Mr. Burns replied in the negative. He said that most of the men want Saturdays off. Mr. Emery said that he thought the Board would have to come to a five-day week but wondered whether it would be possible to work out a program or a dead line when all the Departments went on a five- day week simultaneously - police, fire and town hall. He said that he was thinking more or less of January first. Mr. Burns explained that this amounts to an increase in pay tnd if'it is not in operation be- fore the last three months of the year he can't pay any in 1952 then he did in 1951. Mr. Emery said that it could be nWde retro- active by a Town Meeting. Mr. Burns said that he didn't think the hours could be put into effect as the rate of pay is very: definitely changed, and it is an increase in rate. Hours of He said that the men could be paid 48 hours for Public working 44, but then they would be paid for time Works not worked. Dept. The Chairman said that the Board feels that it is in a definite situation and realizes the tendency toward a five-day week, and whether the Board likes it or not will have to go along with it but the question is how to do it. Mr. Hoyt asked if it is Mr. Burns' intention, with the figures presented, ,to permit the men to take home the same amount of money but,no more than the would take home under the present 48 hours and Mr. Burns replied in the affirmative. Mr. Hoyt said that can be construed not as an increase. If there is more money in the pay envelope, it will be immediately said that the men are to be given more money and less time. He sE,id that, however, they are not actually going to re- ceive any more money. The Chairman asked about the men who work so much overtime and will continue. Mr. Burns replied that is one of the reasons why he thought if a change is to be made it should be done in October. He explained that,. there is only one project "burying" him now and that',is the Fair Oaks sewer. Most of the other things are pretty well in line. The Chairman asked Mr. Burns what he was going to do about Mr. Wessinger and Mr. McGlone, just to name two. CiD 1 Mr. Burns replied that as far as Weisinger is concerned, he would alternate the time of coverage. He said that as far as McGlone is concerned, he is on salary and by Mr. Burns' request to the Board he has paid him for what work he has done on pro -rating his salary. Mr. Driscoll said that he could not see that there is any problem; industry has gone to a five day week and Lexington is late in facing it. He said that a capable man could be hired to assist Wringer who will have to be replaced some day. Mr. Burns said that the longer this is put off, the higher the rate is going to be and it will be a high rate at 48 hours. It will either go to 44 at 41.75 an hour or go to 40. Mr. Gay asked if it were Mr. Burns' idea to cut out all overtime and Mr. Burns replied that he cannot cut it out but he will reduce it to a minimum. He said that none of the men think that the work will continue as it has for the past two or three years. Mr. Stevens arrived at the meeting at 7:35 P.M. Mr. Burns said that he definitely did not want anyone to have the idea that there will be no more overtime. Mr. Gay asked if the men realize that when the pay is increased, but on a shorter week period, that Mr. Burns will try to prevent overtime. Mr. Burns replied that they realize that when the work is caught up they will not be working all day Saturday. The Chairman explained that the Board had an appointment with Mr. Howard, of Whitman and Howard, and suggested that discussion be dis- continued for the moment and the Board agreed. Messrs. Paul Howard, Edwin Howard, Chase, Allen and Mr. Adams of the Planning Board, met with the Selectmen. The Chairman read a letter from Mr. Allen of the Engineering Division of the Corps of Engineers, U. S. Army, stating that the firm of Whitman and Howard has been engaged by the Army to develop plans for water and sewerage facilities for the Air Force Research Lab- oratories to be built adjacent to Wood Street. 571 Hours of Public Works Dept. 572 Research Laboratory He also read a letter from Whitman and Howard setting forth the design that the U. S. Corps of Engineers have developed for water and sewerage facilities in relation to the proposed construction of Research Laboratories. Mr. Howard presented plans referred to in the letter from his concern and explained the proposals"to the Board. The Chairman asked if any member of the Board had any questions and there were none. Mr. Allen reported that he has talked with Mr. Burns and seen his side of the problem and also talked with the M. D. C. and after con- sidering all problems, the present proposal appears to be the appropriate solution, He said that he would be glad to leave the plans with the Board. The Chairman said that the Board would like to study the plans and asked how eminent the project is. Mr. Allen replied that he expects the back project will start in the Spring and the present building under construction will be completed in March. The Chairman asked if he planned to sewer the building now being constructed with a force main and Mr. Allen replied that there will be a temporary sewage disposal for that building. The Chairman asked if the Engineers had estimated the length of time that will be re- quired to build the 8" force main and Mr. Howard replied in the negative. He said that it is part of the entire project which will take a year or a year and a half; their date being August, 1953. The Group, with the exception of Mr. Burns retired at 7:55 P.M. Mr. Burns agreed to study the plans and proposal and .report to the Board giving his estimate as to what this project will cost the government. The Board also felt that some other program might be worked out with mutual benefits. Mr. Burns retired at 8:10 P.M. The Chairman read a letter from Walter Sands relative to the revocation of his driving license which was addressed to Mr. Emery, and Mr. Every stated that Mr. Sands had requested him to bring the matter before the Board. At 8:20 P.M. Chief Rycroft met with the Board and the Chairman asked him to tell the Board the Police side of the story. 1 573 Chief Rycroft stated that Mr. Sands drove through "walking" lights and people were cross- ing the street. The Officer stopped him and there were some words. Mr. Sands went to see the Chief and only said that he did not see how the Officer could have seen him, but wanted the Chief to know about the incident. The Chief said that he did not mention it to the Officer. The next morning the Officer made out a complaint; it went to Court and Mr. Sands pleaded nolo contendre and the case was placed on file. He said that insofar as he knows the Officer did not know who Mr. Sands was. The Chairman explained that the Board was not inferring anything but has had a lengthy ais Z'kssion of the situation from Mr. Sands, and what bothered him was the fact that he lost his license for the first infraction he ever made. He went over to Registrar Kings's office and talked to one of his Assistants. He evidently took Mr. Sands' license when he went in, but gave it right back to him. The Chief explained that a card is sent into the Registry and they are the judge as to what is to be done. The Police make no recommendations. He said that he was surprised that Mr. Sands' license was taken away and it would appear that there must have been some other complaints filed with the Registry at other times. Walter The Chairman stated that Mr. Sands claimed Sands' to have been driving a car since 1916 and has Driving never been in Court. License The Chief explained that it would not necessarily mean that he had been to Court. A person could be stopped four or five times, in various towns, and the Registry has a record of each time. The Chief said that as far as he knows, no recommendation was made by the Police Officer and as he recalled it, the only notation on the card was a "warning". He explained that the card was made out by the Officer who is out sick and inas- much as he did not know of this meeting until today he did not have an opportunity to check with him. He agreed, however, to contact the Registry and find out what notation was made on the card. /he Chairman asked if the Chief thought, under the circumstances,. that the Officer should have sent the warning in. The Chief replied that he has always taken the attitude that the Officers are out in the street and as long as it seems to be fair, he doesn't interfere unless he feels there is an injustice being done. 574 Changes in Routes Traffie Sexton Property for Boys Club The Chairman asked if the Chief thought in a case such as this that an injustice was done and the Chief replied he is not convinced that it was. He said that if his memory is correct, only a warning was mentioned and there was no recommendation of suspension. Mr. Hoyt asked if the Chief recalled any previous case like this and he replied in the negative. Mr. Stevens asked if the cards were sent in to the Registry before or after the Court case and the Chief replied that they are generally sent in before. Mr. Stevens said that the Registry then would not know whether the case had gone to Court or not and the Chief said that is correct. Mr. Stevens asked if the cards stated that a•Court case was going to be brought and the Chief replied in the negative. Mr. Emery asked if it would be practical to have Routes 4 and 25 changed to Route 128 in an effort to eliminate that traffic. The Chief replied that it is worth a try and could be recommended. The Chairman asked if, in his opinion, the Chief thought the situation at Harrington Road and Bedford Street had improved consider- ably and the Chief replied in the affirmative. He said that he expected a representative from the State out within the near future and would mention this location to him. The Chief retired at 8:50 P.M. Messrs. Maloney, Harding and Kelley of the Lexington Boy's Club, met with the Select- men relative to the use of the Sexton property. The Chairman explained .that the Board does not think the building is too safe and even if the Boys' Club were in and made all the necessary repairs, the Town would have to make exterior repairs. He said that the Board does not feel that the building lends itself at all well for use as a Boys' Club and furthermore it may not be legal for the Board to be in the renting business even to a semi-public organization such as the Boys' Club. Mr. Maloney said that the Club would like the use of the building on a temporary basis and will not consider it as a permanent arrangement. 1 He explained that the greatest number of boys at any one time would be between 25 and 30, and it would be merely a gathering place for the boys to meet prior to being taken to the various recreation places. He explained that there would be someone in attendance at all times and that High School teachers have volunteered to supervise. Mr. Hoyt inquired as to who would be liable for opening and closing the building. Mr. Maloney explained that one person would be responsible. The key for their former head- quarters was kept at the police station. Mr. Emery stated that there is a legal aspect - whether the Town has the right to spend money on a building which will not be used for Town use. He said that there are also laws pertaining to meetings in public buildings. Mr. Stevens explained that the Town took this property by eminent domain for municipal use. The Chairman said that the Board would discuss the subject further and let the group know of its decision. Messrs. Maloney, Harding and Kelley retired at 9:10 P.M. The W. Bodge to a def she fell received Mr. whether in the s Chairman read a letter from Mrs. Fred , 7 Belfry Terrace, claiming that due ect in the sidewalk by Buckman Tavern , bruised her knees, and in general quite a shaking up. Burns was instructed to find out or not there is a dangerous defect idewalk that should be remedied. The Chairman read a letter from Ernest A. Gravallese with reference to "Stop" signs at the intersection of Cedar Street and Massachusetts Avenue. Mr. Burns informed the Board that he had been advised by the State that if the Town wanted signs at this location permission would be given. He ordered the signs last March and only received them two weeks ago. The Chairman instructed Mr. Burns to acknowledge Mr. Gravallese's letter. Mr. Stevens reported had prepared in regard to water situation will have of the information he has McMillan, that the document he the Cliffe Avenue to be changed because now received from Mr. 575 Sexton Property for Boys Club Defective Sidewalk Cedar St. STOP sign Cliffe Ave. Water 576 Goodwin case He said that he would prepare another agreement which will solve the problem of the leak and Mr. Burns agreed to obtain the neces- sary signature. Mr. Stevens reported on the condition at Goodwin's, Bartlett Avenue, and said that Mr. Goodwin is apparently still conducting a business in a residential area. The Chairman said that inasmuch as com- plaints have been filed, it would appear that there is no alternative but to proceed to take whatever action is necessary to step the business. Mr. Stevens said that he had told • Mr. Goodwin that unless he discontinued conducting a business in a residential area, the case would be taken to Court. Mr. Stevens reported on the status of Downs' the Downs' claim for damages as a result of claim for an accident involving the Downs' car and the damages Town sweeper. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize Town Counsel to settle the claim in the amount of the repair bill submitted by Mr. Downs. The Chairman read a letter from Town Counsel with reference to an addition attached Bradford to the garage and sales room of the Bradford Motors Motors, Inc., 34 Bedford Street, Lexington. violation The Board felt that ample time had been given to Bradford Motors to correct the violation of both the Zoning and Building By -Laws. Mr. Stevens. was, therefore, instructed to instigate legal proceedings. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to adopt an Order of Taking covering the land of Kelchester Realty Trust, to be used for school and playground purposes, authorized by vote of the Town on March 19, 1951, as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board .of Selectmen of the Town of Lexington held this 17th.day of September, 1951, it is ORDERED:- Whereas by a unanimous vote of the Town Meeting duly called, warned, and held the 5th day of March, 1951, in accordance with the provisions of law applicable thereto, to wit, at the adjourned session thereof Kelchester Land taken of E. D. 1 1 held on March 19, 1951, the Selectmen were author- ized and empowered on behalf of the Town of Lexington to purchase, take by eminent domain, or otherwise acquire the land hereinafter described for school and playground purposes and for any other public pur- poses or any one or any combination of such purposes, 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. NOW, THEREN'ORE, we, the undersigned, being a majority of the Boar of Selectmen of the said Town of Lexington, duly elected and qualified and acting as such, do hereby under and by virtue of said vote and of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee on behalf of the Town of Lexington for school and playground pur- poses and for any other public purposes or any one or any combination of such purposes, the land situated westerly of Lowell Street and northwesterly of Maple Street in said Lexington and bounded and described as follows: Beginning at a point in the northwesterly sideline of Maple Street, said point being south- westerly and distant three hundred ninety-five (395.00) feet from a stone bound marking the southwesterly terminus ofa curve of thirty-eight and 14/100 (38.14) feet radius which connects the northwesterly line of Maple Street with the westerly line of Lowell Street, thence bearing to the right with a curve of twenty-five (25) feet radius distant thirty-nine and 27/100 (39.27) feet to a point of tangency, thence North 330 16' 14" West distant one hundred (100) feet to a point, thence 56° 43' 46" East distant three hundred twenty (320) feet to a point, thence North 110 54' 31" East distant three hundred fifty-six and 30/100 (356.30) feet to a point, thence North 78° 05' 29"' West distant one hundred eighty (180) feet to a point, thence North 11° 54' 31" East distant fifteen .(15) feet to a point, thence North 78° 05' 29" West distant two hundred ninety-six and 97/100 (296.97) feet to a point, thence South 56° 43' 46" West distant six hundred fifty-seven and 24/100 (657.24) feet to a point,thence South 33° 16' 14" East distant six hundred (600) feet to a point, thence North 56° 43' 46" East distant three hundred sixty (360) feet to a point, thence South 33° 16''14" East distant one hundred (100) feet to a point of curvature, thence bearing to the right with a curve of twenty-fibe (25) feet radius distant 577 r5/ 578 thirty-nine and 27/100 (39.27) feet to a point of tangency, thence North 560 43 '46" East distant one hundred (100) feet to the point of beginning, containing approximately 12.1 acres,all as shown on a plan entitled, "Plan.of Land in Lexington, Mass., Scale 1 inch = 100 feet. August 16, 1951, William M. Burns, Town Engineer`, to be recorded herewith. And as appurtenant to the foregoing land, we take a perpetual easement for all purposes of public travel in, over and through the parcel of land shown as Lot A on said plan and bounded and described as follows: Beginning at a point in the westerly sideline of Lowell Street, said point being northeasterly and distant one hundred thirty-four and 70/100 (134.70) feet from a stone bound marking the north- erly terminus of a curve of three hundred seventy- nine and 58/100 (379.58) feet radius, thence bearing to the left with a curve of twenty-five (25) feet radius distant thirty-nine and 27/100 (39.27) feet to a point of tangency, thence North 78° 05' 29" West distant two hundred eight(280) feet to a point, thence North 11° 54' 31" East distant eighty (80) feet to a point, thence South 78° 05' 29" East distant two hundred eighty (280) feet to a point of curvature, thence bearing to the left with a curve of twenty-five (25) feet radius distant thirty-nine and 27/100 (39.27) feet to a point of tangency, thence South 11° 54' 31" West distant one hundred thirty (130) feet to the point of beginning. All trees upon said land and structures affixed thereto are included in the taking. We award the damages sustained by the persons in their property of reason of the taking hereby made as follows: To John L. Kelly, James P. Kelley, and Joseph F. Kelly, Trustees of Kelchester Realty Trust u/d/t dated December 30, 1949 and recorded in Middlesex South District Registry of Deeds, Book 7583, Page 239, the sum of One 41.00) Dollar. In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but of the name of the owner of any interest in said land is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us, and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for the improvement for which this taking is made. CC' ^0 1 579 WITNESS our hands and seals in said Lexington the day and year first above written Donald E. Nickerson George W. Emery Frederick M. Gay William H. Driscoll Lewis L. Hoyt Majority of the Board of Selectmen COMMONWEI LTH OF MASSACHUSETTS Middlesex, ss. September 17, 1951 Then personally appeared Donald E. Nickerson, William H. Driscoll, George W. Emery, Frederick M. Gay, and Lewis L. Hoyt, known to me to be a majority of the duly elected, qualified and act- ing Selectmen of the Town of Lexington and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me Hazel J. Murray Notary Public My commission expires November 29, 1957 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that the Town Meeting of Lexington, duly called, warned and held the 5th day of March, 1951, in accordance with the pro- visions of law applicable thereto, to wit, at the adjourned session thereof held on March 19, 1951, the following vote was unanimously adopted under Article 41: "VOTED: That the Selectmen be and they hereby are authorized, on behalf of the Town, to purchase, take by eminent domain or otherwise acquire for school and playground purposes, and for any other public purposes, or any one or any combination of such purposes, a parcel of land comprising 12 acres more or less, together with any rights of way or other rights appurtenant or appropriate thereto, believed to belong to Kelchester Realty Trust, said parcel being sit- uated westerly of Lowell Street and northwesterly of Maple Street in Lexington and shown on a plan en- titled "Proposed School Area" on 580 file in the office of the Town Engineer, and bounded and described as follows: Beginning at a point which is the intersection of..a line approximately parallel to and.one hundred twenty- five (125) feet distant from Lowell Street and a line one hundred twenty- five (125) feet from and approximately parallel to Maple Street; thence running in a westerly direction about three hundred twenty (320) feet to a point; thence turning and running in a southerly direction one hundred twenty-five (125) feet to Maple Street; thence turning and running in a westerly direction along Maple Street fifty (50) feet; thence turning and running in a northerly dir- ection one hundred twenty-five (125) feet to a point; thence turning and run- ning in a westerly direction about three hundred sixty (360) feet to a point; thence turning and running in a northerly direction about six hundred (600) feet to a point; thence turning and running in a northeasterly direction about six hundred fifty (650) feet to a point; thence turning and running in an easterly direction about three hundred ten (310) feet to a point; thence turning and running in a southerly direction fifteen (15) feet to a point; thence turning and running in an easterly direction about one hundred eighty (180) feet to a point; and thence turning and running in a southerly direction about three hundred fifty-six and 3/10 (356.3) feet to the point of beginning; and con- taining approximately twelve (12) acres, together with. a right of way for all purposes to and from Lowell Street over the entire parcel shown on said plan as "Right of Way"; and that the sum of 0,000 be appropriated therefor and be transferred from the Excess and Deficiency Account." A true copy. Attest: - James J. Carroll Town Clerk 1 581 The Chairman read a letter from Joseph E. Casey, 343 Massachusetts Avenue, requesting the removal of a tree which is located in the middle of his driveway thus making it impossible to Removal drive his car in and out. The Clerk reported of that Mr. Garrity stated the tree is in good tree condition but does obstruct Mr. Casey's drive- way. The Board preferred to view the location before taking any action. Mr. Burns retired at 10:05 P.M. The Chairman read a letter, dated September 15, 1951, from the Town Clerk advising that as of this date he received a certified certificate Official from the office of the Secretary of State estab- census lishing the official population of the Town of Lexington as of April 1, 1950, to be 17,335. Application dated September 15, 1951, was received from Edward J. Connors, 4 Vinebrook Application Road, and Thomas F. Connors, 2151 Massachusetts for liquor Avenue., for a retail package goods store license. license Upon motion duly made and seconded it was voted to hold a public hearing on this application, and upon any other applications that may be received, in Estabrook Hall, Wednesday evening, October 3, 1951, at 7:30 J.M. Mr. Stevens retired at 10:55 P.M. Letter was received from Mrs. Lawrence F. Broderick, requesting an appropriation of 4.150 to carry on work of the 4-H Club in Lexington. The Clerk was instructed to obtain an opinion from Town Counsel as to whether or not the Town can legally appropriate money for such a purpose. 4-H request for funds Letter was received from I&rs. James F. Flynn, Secretary of the Lexington P.T.A. advising that Mrs. John J. Manning and Mrs. Robert W. Posture Hunter have been appointed as Co-chairmen of the Clinic Posture Clinic for the year 1951-1952. Letter was received from Peter Morasi, 10 Gladstone Street, Cambridge, advising that he will pay 0475 for Lots 644-648 inclusive on Asbury Street. Mr. Gay moved that a proposal to sell the lots be advertised in the Lexington Minute Man and that further consideration be given to the offer at the next meeting of the Board. Mr. Hoyt seconded the motion and it was so voted. Tax Title Property 582 Upon motion duly made and seconded, it was voted to grant permission to the New Eng- land Telephone and Telegraph Company for per- mission to lay and maintain underground conduits and manholes; with the wires and cables to be placed therein, under the surface of the following way or ways; Massachusetts Avenue - Easterly side, from manhole 54/23 opposite Locust Avenue, southerly south- westerly and southeasterly to manhole 54/32 approximately 2820 feet underground conduit. The Clerk informed the Board that the Chief of Police recommends the appointment of James W. Manning 173 Hancock Street, Cambridge, as a Special Police Officer. Mr. Manning is Secretary to the Belmont Country Club. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to appoint James W. Manning a Special Police Officer in the.Town of Lexington for a term expiring March 31, 1952. Upon motion duly made and seconded, it was voted to grant the following licenses: Margaret C. McLaughlin 25 Harding Rd.Auctioneer Lexington Theatre, Inc. 1794 Mass. Ave. Sunday Movies Countryside Associates Lowell St. Sunday Golf The Chairman brought up the subject of purchasing a michrophone to be used in Cary Hall and upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to purchasea michrophone at an approximate cost of $P67. The meeting adjourned at 11:25 P.M. A true record, Attest: ti 1 594 SELECTMEN'S MEETING September 20, 1951 A special meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Thursday evening, September 20, 1951 at 7:30 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Public Works Further consideration was given to the sub - Employees' ject of hours for Public Works employees. How - Hours ever, no decision was made and it was agreed to place the item on the agenda for the next meeting of thef Board. A xckisau.sslon Wa‘s held relative to the request of the Lexington Boy's Club for permission to use Use of the Sexton property as headquarters. Sexton Upon motion duly made and seconded, it was Property voted to allow the Club to use the property for six months at no charge; permission based, how- ever, upon approval by Town Counsel of all legal aspects. The Club is to be advised that if exit signs are required, they must be supplied at no cost to the Town and further that the Town will not do any repairing to either the exterior or interior of the building. Upon motion duly made and seconded, it was Use of unanimously voted to grant permission to John E. Hall Murray, Jr. to conduct a Communion Breakfast in Cary Hall on October 14, 1951 free of charge. Bill, in the amount of 435.00 was received from Peter Zitso for pictures taken at the ded- ication of Route 128. Upon motion duly made and seconded, it was voted to approve the bill for payment and charge it to Unclassified. Removal of Tree Further consideration was given to Mr. Casey's request for the removal of a tree, located in the center of the driveway which he intends to construct. Members of the Board viewed the location and upon motion duly made and seconded, it was voted to authorize Mr. Garrity to proceed to have the tree removed. The above information was given to the Clerk, who was not present at the meeting, by the Chairman. cn 1 SELECTMEN'S MET,''TING September 24, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, September 24, 1951 at 7:00 P.M. Chairman Nickerson, Messrs.Emery, Gay and Driscoll were present. Mr. Burns, Supt of Public Works, and the Clerk were also present. 583 The Chairman reported that Mrs. Morey, of the School Committee, had inquired again about the possibility of having the street lights turned on mornings when there is no school, as a "No School" signal. Mr. Burns explained that some of the lights Street are operated manually and others are on time lighting switches and there is just no way of turning them on or off simultaneously without a man going to each station and there are between fifteen and twenty stations. The Boston Edison Engineer for this district told Mr. Burns that it would take twenty men to put such a system in operation. The Chairman was authorized to advise Mrs. .Morey that the proposed plan cannot be co- ordinated. The Chairman read a letter from Charles Larden, 347 Woburn Street, inquiring about the possibility of having street lighting installed in this area. Mr. Burns explained that this location is from Lowell Street on, and there is more than one light needed. He said that if money is available this year he would like to install as many lights as possible due to the fact that next year he will not be allowed to put in any more 800 lumen lights, but will have to put in 1,000 lumens. Street The Chairman asked Mr. Burns to look into lights the situation and determine how many lights will be needed for the area and also to check the amount of money in the Street Light Account. Letter was received from John J. Campobasso requesting the installation of a street light on the pole adjacent to his residence at 25 Summer Street. This request is to be handled the same as the request for lights on Woburn Street. Mr. Tocci's letter with reference to Bow- man Street drainage was held over from the last meeting of the Board. Street Light 584 Bowman St. drainage Mr. finery suggested, and the Board agreed, to have Town Counsel view the area with Mr. Burns and advise the Board as to the Town's responsibility, if any. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for approval of the following JO pole locations: Reed Street, approximately 240 feet north- west of Vaille Avenue, one (1) pole. (One (1) existing JO pole to be removed. A plan of the proposed removal and location had been approved by Mr. Burns. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the pet- ition and sign the order for the proposed pole removal and location. The Chairman read a letter from Mrs. Richard J. Spencer, requesting the re- moval of two trees on Vine Brook Road which she claims to be in a direct line to the garage entrance at 52 Waltham Street. Letter was received from Mr. Garrity Tree stating that these two. trees are in a healthy removal condition but they do block the entrance to the newly constructed garage. He suggested that more interest be taken in front of new buildings and alterations being made in the Town before issuing building permits. The Board preferred to view the location .before taking action on the request. The Chairman read a letter from Mrs. Winifred'L. Holman requesting the removal of a tree stump in front of her property at 275 Concord Avenue. Letter was received from Mr. Garrity advising that this tree stump is on the list to be removed and will be taken care of at Tree stump the time of the removal of other stumps in removed Town. He reported that it will require a steam shovel trailer, etc., and if there are eight or ten to be removed, it would be more economical to remove them all at the same time. The Board also preferred to view this location before taking action on the request. Csn 1 Two letters were received from Harold Conant, 49 Lincoln Street, Lexington; one dated September 23rd and one September 24th, with reference to the dump on Lincoln Street and his claim for damages. The Clerk was instructed to refer the letter relative to the claim for damages to Town Counsel inasmuch as he is handling the claim. The Chairman read a letter from the Plan- ning Board advising that said Board has passed a vote to recommend that developers of sub- divisions, completed under the new Subdivision Regulations of the Planning Board, be encouraged and urged to apply for acceptance by the Town of their new streets Mr. Emery moved that the Planning Board be advised that the Selectmen believe this to be a good policy and that the Planning Board be requested to recommend for the 1952 budgets any streets to be accepted. Mr. Gay seconded the motion and it was so voted. Later in the evening the Chairman read the letter to Mr. Stevens, Town Counsel. Mr. Emery asked if the streets would be done under the Betterment Act and Mr. Stevens replied that only the construction is done under the Betterment Act. Mr. Emery asked if the Board should obtain a release from the abutters from common land over which the pavement goes - a release of damages or release of any right, title or interest of the abutters. Mr. Stevens replied that he did not believe so. Mr. Emery asked if the Town would want to leave "unwiped out" the personal right of way when the Town has acquired a similar one and Mr. Stevens replied that they would get a right as a member of the public. He said that off- hand ff-hand he could not think of anything that would cause any trouble. Mr. Emery asked if they would have a claim for damages and Mr. Stevens replied that he could not see how they would sustain any. The streets would be open to the public and the developers would be relieved of any burden of maintenance and it would seem difficult to find a basis upon which they could sufficiently establish damage. Mr. Emery asked how this procedure could be forced and Mr. Stevens replied that the Town can accept the streets whether the people want it done or not - make a taking. 585 Dump claim for damages Street acceptances 586 He said that if the larger part of the property is owned by the developer he would be the one to have all the rights. He would want, and the owners of any lots sold would want, to have the Town accept it relieving them of future main- tenance. He said that nothing would be gained by keeping the streets as unaccepted streets unless they want them kept as private ways. The Chairman asked if Mr. Stevens would rule that the Selectmen have any authority to write to the Planning Board and tell them that the Selectmen are in accord with the recom- mendation and would authorize them to start the ball rolling in each case when the developer comes in for subdivision. Mr. Stevens advised that the Selectmen could say that they would be in agreement and receptive to petitions if filed. The subdivider would file a petition with the Board asking that it be laid out as a town way. Mr. Stevens told the Board that he would give this subject some further thought. Mr. Burns discussed rumors about the use and cost of the shovels. He said that they were hired at 49.00 an hour which is 472.00 a day for a full day and they are paid for only when working. If the shovels are not working, they are not paid for. During the Spring when the men went on the sweeping, he asked Mr. Brox to lay the shovels off and they were laid off three or four weeks and Brox was not paid for them. He said that not too long ago, following a storm, he asked Mr. Brox to lay off for a couple of weeks and he did. Itwas stretched to three weeks and the town did not pay for that period. He said that since then he has asked Mr. Brox to lay the machines off at intervals and he has done so. Mr. Burns said that all he wants is to get rid of the Fair Oaks sewer job, get it done and release the present Brox shovels. He then referred to the Town shovel in the yard and explained that unfortunately there is only one man who can work the shovel and he also operates the grader. He has been used every year on street work on the grader. When all the men are working on the street work, there is no one left to complete another working crew. He stated that he has to keep the machines be- cause he has Fair Oaks to do and all the other major drainage jobs. Pic Mr. Burns said that he was well aware of what would be said, but there was nothing else he could do as he saw it, and that under the same conditions he would do it again. He said that the last two wceks the Town shovel has not worked because the man was on vacation. He said that he does not want the business of getting the machine out on the street and having the man ask for a vacation, and he has followed the policy of the men taking all their vacations at once. He said that he finished the street work, let the man go on vacation and then started back to work with the town machine. The town men were working this morning on Marrett Road. Mr. Burns said that the town machine cost approximately 617,000 and inside the three months it was up to $21,000. He said that those shovels sitting up on Prospect Hill Road, Wachusett Drive, if the Board had watched them work, our own rig would not last very long at it. He said that he knows Mr. Brox has had to replace bales on the buckets twice and they have broken pins on them all. They have torn the buckets and done other miscellaneous damage. If the town shovel was there the same thing would have happened and there would be large repair bills. He stated that this is another reason that the town has not suffered materially. Mr. Burns said that the cost today .with an oiler and operator is ;p40 before the machine turns a wheel - just labor; then there is fuel, oil and repairs. He said that his only fear is that Brox will ask to take the machine out, be- cause he has had to hire a shovel at 40100 a day with two shovels sitting here in Lexington be- cause he made an agreement with Mr. Burns on shovels. Mr. Burns said that there has been talk about Brox' shovel, for which the town is said to be paying, sitting at the corner of Massachu- setts Avenue and Taft Avenue. He explained that the story of this is that it is Brox' machine and he is working on Aerial Street, putting in a drain. The shovel was waiting for a trailer which had not arrived. Mr. Burns then referred to the rumors about Mr. Brox getting all the town work, and the claims that he (I4r. Burns) rigged the.bids. Mr. Emery said that he thought this dis- cussion was beneath the dignity of the Board and should be discontinued. He said that he felt certain the Board had every confidence in Mr. Burns. 587 Re: Criticism of Public Works Dept, 588 Dump Mr. Burns said that other contractors have worked in town and mentioned White, Andreassi, Cali, Dingley, MacDonald, Susi & De Santis and Shea. He explained that Cibotti never worked in Lexington before and his bid was low. Cali never worked here before and his bid was low. Mr. Burns said that last Thursday was the end of the first year he has had his present job and as far as he, personally, is concerned he does not think anyone could have had a better Board to work with. He said that he wanted it understood that he appreciates the congenial relations with the Board of Selectmen during the year. Mr. Gay said that the dump was burning a week ago Sunday and asked Mr. Burns about it. Mr. Burns said that if it were burning, the fire was set. He explained that Mr. Kelley the attendant, was on vacation for two weeks and he did not put anyone on the dump for that period, but had the bulldozer over there twice a week. Mr. Burns retired at 8:15 P.M. The Board gave further consideration to Mr. Peter Morasi's offer of X475 for Lots 644 through Tax Title 648 Asbury Street, Lexington. A proposal to sell Property these lots was advertised in the September 20th issue of the Lexington. Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted that the offer be accepted and that Lots 644 through 648, Asbury Street, Lexington, be sold and conveyed to Mr. Peter Morasi. Veterans' Lot Letter was received from Albert D. Evans 49 Outlook Drive, advising that he would like to surrender Veterans' Lot #15, Cedar Street. Upon motion duly made and seconded, it was voted to refund Mr. Evans' deposit in the amount of 4100. At 8:25 P.M. Mr. John Blackwell met with the Board relative to Meagherville land. He said that Mr. Cronin told him just what he would like done and he (Mr. Blae1iell) hired Mrs. Manley, who formerly worked part-time in the Assessors' Office, to do for him just what i>'Ir. Cronin directed in checking the list of titles from the cards and other sources of information in the Assessors' Office. cc 1 589 He said that he has corrected a map, colored to show three kinds of status of the lots; those in private ownership running less than 100 in almost 2,000 lots. About half of each of the remainder is owned by the Town of Lexington and the other half is not taxed. He said that some have not been assessed since 1936 and others not since dates even earlier than that and the last owners of record appear of varying dates, but generally near the turn of the century up to about 1910. He explained that some of the private ownership are of recent sales by the Selectmen; those are near Reed and Ward Streets. Mr. Blackwell said that he visited the State House and Mr. Falvey called his assistant in charge of tax title puzzles. He had no suggestions for Shortening the Statutory procedure. Wecan only begin the Statutory procedure this December. Mr. Hamilton had in consultant,.iVIr. Peihl and he had only the alternate suggestion that, if the town cared to and if Town Counsel could see the way to do it and if Mr. Hamilton could and would join in, a way be found for I4r. Hamilton to put himself in the shoes of the present ownership after they are first assessed and the bills come back as uncollectible or owners un- known. He said that he gave directions on how Blackwell to bill and hold on to the bills when they came re back. He said that this is the crux of the Meagherville matter. The Chairman said that Mr. Blackwell might be aware that interest has been aroused by other people who have the same idea in mind. He ex- plained that the Board has had a ruling from Town Counsel with reference to assessing the land, billing it to persons unknown, and then start proceedings in December or January which would take two years. Ivir. Blackwell said that Mr. Cronin put it as a question. Does Mr. Hamilton wish to go to further expense if he could not in some way give himself a 'legup" on the lots. The Statute states that the land must be sold at auction unless Hamilton can lawfully be put in the place of some of the present owners unknown. The Chairman said that the Board would present this angle to the Town Counsel. Mr. Blackwell said that if the Selectmen saw fit, he would be glad to talk informally with Town Counsel, but the Chairman said that the Board would discuss the matter with him. 590 Tax Title Property Tax Title Property Police Lieutenant Rummage Sale Use of Hall Mr. Blackwell said that there i what he will call the west quarter, railroad and west of Route 128. He hopes to hear that the Town Counsel way to get the Commonwealth to talk than damage. s access, to south of the said that he can find a access rather Mr. Blackwell retired at 8:40 P.M. Letter was received from Mr. C. R. Glen, 105 Winter Street, Lexington, offering 4100 for Lots 35 and 36 Hillcrest Street. The Committee on Tax Title Property recommended 0200 each plus betterment assessments totalling 4178.65. The Board preferred to view the lots before taking any action of the offer The Chairman read a letter from Dominic' Varello, 440 Massachusetts Avenue, Lexington, offering 4200 for Lots 50-53 Hillside Avenue. The same individual submitted an offer in 1950 and the Board advised him at that time that it would not be in the best interest of the Town to dispose of these lots. The Board f elt that the situation had not changed and the Clerk was instructed to so advise Mr. Varello. Letter was received from the Division of Civil Service advising that, as a result of the examination held for the promotion to Police Lieutenant, an eligible list has not been established. Memo was received from the Chief of Police to the effect that he would prefer that no action be taken on the appointment of a Lieutenant until he returns from his vacation, and the results of the Sergeant's examination are known. The Clerk was instructed to make an appoint- ment for the Chief to meet with the Board on his return from vacation. Letter was received from Mrs. Ralph Samuelson, 143 Follen Road, Lexington, on behalf of the Pre - School P.T.A. requesting permission to conduct a rummage sale at the Barnes property on October 13, 1951. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the request. Application was received from the Lexington Field and Garden Club for permission to hold a meeting in Estabrook Hall on October 15, 1951, from 7:45 P.M. until 9:30 P.M. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the use of the hall free of charge. CC C 1 591 Application was received from Gertrude B. Fox, Welcome Wagon Hostess, requesting the use of Estabrook Hall on Thursday evening, October 25, 1951, from 8:00 to 11:00 Y.M., for the first meeting of the Lexington Welcome Wagon Club. The Board preferred to obtain more inform- Use of ation about the organization before acting on Hall the application. The Chairman agreed to check and report to the Board at the next meeting. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to grant the following licenses: Countryside Associates, Inc. Lowell Street Sunday Golf Lexington Theatre, Inc. Massachusetts Ave. Sunday Movies The Chairman read a letter from Town Counsel with reference to Kelchester Realty Trust Site and explained that the area taken and conveyed is 12.1 acres, and the Assessors' Office reported to him that the 1951 tax amounts to $163.35. Mr. Stevens assumed that the taxes have not been paid and instructed the Board to request the Assessors to grant an abatement in the amount of $$81.67. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to request the Board of Assessors to abate $81.67 under the terms of the agreement between the Town and the Kelchester Realty Trust. The Board gave further consideration to IJir. Joseph F. Frieni's offer of $250., plus sewer betterment assessment and drainage easement, for Lot 3, Farmhurst, Section 1, Waltham Street. A proposal to sell this lot was advertised in the September 20, 1951, issue of the Lexington Tax Title Minute -Man. As a result of the advertisement, an offer Property in the amount of $625 (written as $6.25) was received from David A. Rix, 324 Marrett Road. Both offers were discussed but decision was held over until the next meeting of the Board. Licenses Kelchester Abatement The Chairman informed the Board that Mr. Converse Hill had called him today and said that it is customary to cover a building that is under construction, such as the new High School, with a progress insurance policy. Mr. Stevens said that his recollection is that there is a special insurance clause in the construction contract and agreed to check it further and report to the Chairman. High School Insurance 592 Mr. Stevens advised the Board that the Sexton property cannot be rented free of. Sexton charge. He said that if the property is Property rented to the Boy's Club he should include in the lease that they are to assume the respon- sibility of complying with all applicable State and local laws and regulations. Mr. Stevens agreed to contact someone at the State House and request him to come out, go over the property with Mr. Burns and Mr. Maloney, and tell just what must be done to lease the property to the Club for six months. Oak Street Larsen 5 -day week Mr. Stevens referred to the street that Mr. Gustave Larsen conveyed to the Town in connection with the installation of water in Oak Street. He said that he had received a letter from Larsen's attorney, Paul McCormack, inquiring as to when the Town is going to build the street. The Board authorized Mr. Stevens to advise Mr. McCormack that the Board has no immediate plans. With reference to a five day week, Mr. Emery asked if there is any real obstruction that would prevent the Board from putting into effect the five-day week on January first from the point of view of getting the necessary money - not making it retroactive. He asked if a Town Meeting were held to authorize it, could the money be spent. Mr. Stevens replied that no Department can spend more than what has been appropriated and Town Meeting would have to vote to apporpriate more money. Mr. Emery asked if it would come out of the E. & D. and Mr. Stevens replied that it could be marked to be paid from next tax levy. Mr. Emery asked if it could be done that way and Mr. Stevens replied that he would have to read the Statute on it. He agreed to discuss the subject with Mr. Dine of the Disvision of Accounts. Mr. Gay asked if it would be all right if the Board voted to start the five-day week January first, and Mr. Stevens replied that it wouldn't if additional funds were going to be needed and explained that a Department cannot spend in the first three months of the year than the highest month in the preceding year. CC 1 593 The Clerk informed the Board that Mr. Stewart, Chairman of the Red Feather Campaign, telephoned this evening and asked permission to hang a small red feather, made of wood, on the Boy Scout sign at the Barnes property. According to Mr. Stewart the Scouts have no objection. The request was approved. The meeting adjourned a.t 11:20 P.M. A true record, Attest: SELECTMEN'S MEETING October 1, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, October 1, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay and Hoyt, were present. Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of three jurors for a Jury Pool, November 5, 1951. The following individuals were drawn for jury duty: Edward B. Krevis, machinist, 26 Preston'Road Norman H. Royle, N. E. Power, 152. Simonds•Road Edward Carlson, electrical eng., 82 Pottier Ave. Miss McDonough retired at 7:15 P.M., and Mr. Burns, Sup't. of'Public Works met with the Board. Mr. Burns reported that he had invited four plumbers to submit bids for a new boiler for the Barnes property and received only two replies which he presented sealed to the Chairman. The bids received were as follows: Lester L. Andrews & Son: ,,0'800 for furnish- ing and installing a W-33-0 Severn American Standard Oil Burning Boiler; changing safety switch to head of stairs as recommended by Fire Department; 1 zone for Boy Scouts offices and). zone for Welfare Department. Vernon C. Page: 0845 to replace present hot water boiler with a No. 33-0 Severn American Radiator Boiler or equal; two zone system with separate thermostats and circulators; move safety switch to head of stairs; install 30 gallon expansion tank. The Chairman suggested that Mr. Burns make certain that the low bidder has included every- . thing to have an entirely new unit and gun.. Iie also asked if the Board would be willing to consider voting on the theory that the Town will get an entirely new setup; Mr. Burns to check in the morning and then contact the Chairman. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to request the Appropriation Committee to transfer the sum of 0800 from the Reserve Fund providing IJir. Burns checks with the contractor as to -whether or not he will go on record that the burner is in good condition: 1 Jurors Bids for boiler for Barnes Property Mr. Burns reported the results of a conference held today with the Army engin- eers and Whitman & Howard on the sewers for the proposed airport project. He sug- gested to the group, and they were more or less receptive, to let them run a gravity line from the pumping station across the range up to Wood Street to their property; that main to be the size the Town will re- quire for any further extensions. This will eliminate any pumping station for the project. He said that he would still insist on a storage tank. Then he asked, in return for that, the extension of this line from a point in Garfield Street down to the Town pumping station. This would bring all of the Manor and Barnard Street and a great deal of Reed Street to go into their line which will be idle 16 hours out of 24. He said that if the Town could take 15% or 20% of this section out of our total sewae area, and put it in their line, it would forestall any immediate extension of the main from Arlington. The Chairman asked if a gravity line from Wood Street would cost more money than an 8 - inch force main and if they would gain because Airport of the fact that they would not have to do any Project pumping and would not have to install a pump - Sewer ing station. Mr. Burns said that he thought one item passed over rather quickly was the rental from the Boston & Maine. They might ask the Town to assume the rental or if the railroad wants a lump sum, to .assume that payment. He said that if the line is laid in gravity the way he would like it, the Town will be in a position to reach four different sections that otherwise would not be done for many years - Cedar Street, Massachusetts Avenue over the hill, as far as School Street, and a portion almost as far as Grandview Avenue; then the section around Fairview and a portion of Wood Street. Mr. Burns said that as far as anyone is concerned this is just a thought because the Town would very likely have to put on another pump and will have to work out what it will cost to maintain it. Mr. Stevens asked if this would involve turning the force main over to the Town and if when they are operating at capacity would they still be able to use it at night. 1 Mr. Burns replied that if they ran the whole day, the most they could get would be 340,000 gallons a day, and the only time they would have to watch it would be between seven and nine. He said that there is a meeting scheduled between the State, the Army, Whitman & Howard, and the State Department of Public Health on just how they are going to work on this. They would like to include Raytheon and also bring in the Town of Bedford. Mr. Stevens informed the Board that Representative Ferguson had talked to him about special legislation relative to the M. D. C. putting in a line. The Chairman was authorized to contact Mr. Ferguson. Mr. Bertram P. Gustin met with the Board on behalf of the Community Chest and invited the Board to be present at the Jamboree, October 20th, at 9:00 P.M., to greet Miss Lexington and charge her with the community duties. He also requested permission for a cavalcade to escort Miss Lexington, with Lexington's fund, from Lexington to Boston. Mr. Gustin further requested permission to display a large banner at some appropriate location. He retired at 8:05 P.M. It was agreed that representatives from the Board would attend the exercises on October 20th. Approval was also given to display the banner over the double garage at the Barnes property. Red Feather Cavalcade The Chairman read a letter from Town Counsel to Mr. Burns with reference, to prevent- ing abutting owners from pumping surface or ground water from their cellars on to the public streets. At 8:15 P.M. the following persons met with the Board to discuss Shade Street drain- ages Mr. Arthur Weiss, Mr. and Mrs. Perkins, Mr. McNeil and Mrs. Rodes. Mrs. Rodes read a letter on the subject and presented it to the Chairman, together with Shade a petition requesting the Town to install a Street storm sewer in the street. She said that the Drainage condition is worse now than it was before the construction of Cary Avenue. The Chairman asked if she meant that it was dry while the building was going on and she replied in the affirmative and said that it was dry prior to that. She said she thought that during the construction of Cary Avenue a pipe was broken, but Mr. Burns claimed that this was not so. 4 She said that there may be a spring going across that did not formerly empty into Shade Street. Mr. Weiss said that until two or three weeks ago there was no flooding except during. and after a rain storm, but now there is a continual flow of water. Mrs. Rodes said that before that the water was in the field, and before she opened a channel on her land the water was running down the street. The Chairman explained that last March the Board replied by letter that this subject would receive consideration and said that by law the Board is prohibited from spending money in 1951 that was not appropriated by Town Meeting; therefore, this item cannot be considered .until the 1952 budgets are discussed. Mrs. Rodes said that this new condition has come up within the last four weeks. .She mentioned the incline where the old barn was, about fifty feet from Shade Street, and said that up to that point it was dry and above that point it was dry, but right across from Shade Cary Avenue there is a spot that is continually Street damp. She said that it seems suspicious to -her Drainage .that there is one spot on Cary Avenue that is wet and dry on both sides. Mr. Weiss said that there is a water pipe and shutoff on Cary Avenue and across the road from that section Cary Avenue is wet; below it is dry. He asked if the Town Engineer could look at the area. The Chairman explained that Mr. Burns has inspected the area many times and the Board has it in mind. Mrs. Rodes said that she thought it would be to the Town's interest to find out what the problem is before paving Cary Avenue. The Chairman explained that, to the best of the Board's knowledge, Cary Avenue has been excavated, drained and filled in with good material and there is going to be a good street there, but that he would call this to Mr. Burns' attention. Mrs. Perkins said that Mr. Burns has been up to this area several times and has been very good about trying to help them with their problem. • Mr. McNeil said that he does not think excavation was made beyond a certain point and the Chairman explained that when a street is built, the entire length is excavated and filled back with gravel to at least twelve inches in depth. ea 1 Mr. McNeil said that several people felt that one end was not excavated because of the water trouble. During the discussion Mr. Weiss said that there is no question in his mind that during the summer months there was no water in the low place beside Mr. Perkins' house. The Chairman said that the Board would consider the project as a 1952 item but this does not mean that the Board will recommend it and it does not mean that if the Board does recommend it that the Town Meeting will appropriate the necessary funds. He explained that when the Board approaches Town Meeting it considers all matters that the Board or groups of people think should be undertaken in the ensuing year and studies them. The Appropriation Committee also studies and makes a report. Mrs. Rodes said that Mr. Burns has been approached before and claims that he can't do anything because there is no money. She asked why he can't use the money already appropriated for storm drains and the Chairman explained that the present funds have been earmarked for 1951 projects. Mrs. Rodes said that the wet spot is about ten feet wide and she thought the street should be opened up. The Chairman said that Mr. Burns would look at this in the morning, but that he (the Chairman) was not going to tell Mr. Burns or the contractor to open the street. The group retired at 8:45 P.M. The dis- cussion was continued later in the evening when Mr. Burns returned to the meeting. Mr. John J. Garrity met with the Board and explained that he was keeping an appoint- ment made, for Mrs. Lawrence Broderic relative to her request for an appropriation for 4-H work. He said that in 1920 or 1930 the Town did appropriate money for 4-H work and also appointed a Director to supervise spending the funds. He referred to Chapter 128, 4-H Sections 40-45, which he claimed authorizes Appropri- such an appropriation. ation The Chairman said that there is some doubt as to whether such an appropriation is legal and the Board will have the Town Counsel check it further. If it is determined that the Town can make such an appropriation it will be considered in the 1952 Warrant. Mr. Garrity retired at 8:55 P.M. 6 Meagherville Property Mr. Stevens acknowledged the Chairman's letter relative to Mr..Blackwell's conference with the Board in'regard to the so-called Meagherville property. He said that Apparently Mr. Blackwell has in mind, instead of the Town making a tax taking, which is the usual pro- cedure, that the Town make a tax sale. His client would purchase the land at a tax sale and he would only have a lien. The foreclosure of the lien would be up to him and not the Town and it would be his lien. Mr. Stevens said that he would like to review the Statute on this and he did call Mr. Blackwell. Mr. Stevens said that there is a question of policy as to whether the Board would want to have tax sales made, and Mr. Blackwell said that he understood there is a problem of policy. The bills have not been sent out yet and Mr. Blackwell thought they would go out in December. The Chairman said that he does not be- lieve this is something that the Board wants to hurry, but does want to give it some con- sideration. Mr. Stevens said that if title is taken by the Town, then of course, the future development of it can be controlled. If a tax sale is made, the purchaser can control what is going in there. The Chairman said that if Mr. Blackwell reaches the•point,where he wanted to be very definite on this, he believed he would ask to tell the Board exactly what his client has in mind. Mr. Stevens said that Mrs. Connolly,.who was injured as a result of stepping through a drain grating, was under the impression that he had offered her 450 in settlement. He said that he told her the Board would prefer not to take_any action until she had recovered. She has bills that she paid out up to 488 or 490. He talked with Mrs. Connolly Saturday and told Connolly her that there is some doubt in his mind as to Claim the liability and suggested settlement in the amount of 4100. She was not too pleased and said she thought 4125 would be fair. Mr. Stevens recommended settlement in the amount of 4125. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to settle Mrs. Connolly's claim for damages in the amount of 4l25. Mr. Burns returned to the meeting at 9:25 P.M. 1 The Chairman read a letter from Harold Conant complaining of the brush growing on the side of Lincoln Street. He also mentioned paint- ing the crossing in front of his driveway. Mr. Burns said that there is no sidewalk on either side of Lincoln Street and hasn't been any for the last five years. He said that he would try to have the brush. cut. Lincoln St. Brush Report was received from Mr. Lindstrom as a result of his recent inspection of the Sexton property... Mr. Stevens said that Mr. Lindstrom told him he thought it would cost about $150 to carry out his recommendations as to what should be done if the Boys' Club is to use the property as headquarters. Mr. Stevens reported that he had called the State Department of Safety and was told that any recommendation should come from the local Building Inspector. Mr. Emery asked if, from a legal, point of view, the Board had done whatever is nec- essary and Mr. Stevens replied that the lease should include a paragraph whereby the Club agrees to comply with all applicable rules and regulations and further that all the recommendations of the Inspector will be carried out. Rental of Mr. Emery moved that the Town Counsel Sexton having passed on all legal phases and having Property approved them, that the Sexton property be rented to the Lexington Boy's 'Club for six months, beginning October 1, 1951, at the rate of 425.00 per month, Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from Norman H. Royle, 152 Simonds Road, Lexington, reporting that a dog owned by Mrs. Gordon Richards had Dog attacked Mrs. Royle on Friday, September 28th. Complaint The Clerk was instructed to have the Dog Officer make an investigation. Mr. Stevens retired at 10:05 P.M. The Chairman told Mr. Burns that the group from Shade Street expressed the opinion that the construction of Cary Avenue has opened up some old springs and water is being diverted to Shade Street. Mr. Burns reported that he has had grades taken all over the area and he does not believe anyone can prove that the water is coming from Cary Avenue. Shade Street Drainage 8 He said that he is not afraid of the surface. The Chairman asked if there is any drain- age in that section in Cary Avenue and Mr. Burns replied that there is not a foot of drain until within 600' from the top of the hill. The Chairman asked if Mr. Burns was convinced, in his own mind, that this is a prime drainage problem to discuss for 1952 and he replied in the affirmative. The Chairman asked if there was anything else that has precedence over this and Mr. Burns replied that there are other problems that are not as obvious. He said that he did believe this is the worst drainage problem he has, and it is dangerous. He said that as a guess, he thought -it would cost between 410,000 and $15,000, figuring it at $6.00 per foot. Mr. Emery asked if he knew of any temp- orary solution and Mr. Burns replied in the negative. The Chairman asked Mr. Burns to take a look at the wet spot in the morning and reiterate to him that the area is damp but that he has no fear of the road heaving and going to pieces. Petition was received from the New England Telephone and Telegraph Company for permission to remove one pole on Lowell Street. Mr. Burns informed the Board that he recom- Pole mends granting the request. Removal Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to approve petition and sign an order for the removal of one telephone pole in the following location: Lowell Street - Easterly side, approximately 3045 feet southeasterly from Woburn Street. Letter was received from Charles M. Blake requesting the extension of a sewer Meriam St. line to service # 72 and # 76 Meriam Street. Sewer Ext. The Chairman was authorized to advise Mr. Blake that his request will be considered as one of the 1952 projects. Letter was received from William H. Wildes, 83 Winter Street, referring to surface water on the street, and the connection of septic tank overflows to the drain. Mr. Burns reported that one house, and he is not sure how many others, is connected into the catch basin. 1 The ditch was not too bad until Lir. Wilder went in with a bulldozer to build houses. The Winter only way to solve the problem is to go into the Street area in the Spring and cut a channel which will Drainage have to be a hand job at a cost of between $300 and p500. He said that the overflowing septic tanks is a Board of Health problem. Petition was received, signed by thirty residents on Marrett Road, requesting the extension of the present sewage system to service their properties. Mr. Burns explained that the extension Marrett would be from Middle Street to Spring Street Road Ext. which means it will have to be extended from Sewer Outlook Drive. The Board agreed to consider the petition as one of the possible 1952 projects. Letter was received from Mrs. Rich, Temporary Town Accountant, advising that she has received bills in the amount of $308.36 for Memorial Day Expenses and the total budget approved was 0300. Upon request of Mr. Hoyt, seconded by Mr. Transfer Briery, it was. voted to request the Appropriation Committee to transfer the sum of 08.36 from the Reserve Fund to the Memorial Day Expenses Account. Mrs. Spencer's request for the removal of two trees from in front of her driveway on Vine - brook Road was held over from last week. A Removal majority of the members of the Board had visited of Tree the area and upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to authorize Mr. Garrity to remove one tree which is directly in front of the new driveway. Further consideration was given by the Board to offers received for the purchase of Lot 3, Farmhurst, Section 1, Waltham Street Mr. Emery made a motion of Idlr. Freni Tax Title wishes to purchase the land for 0250 plus Property sewer betterment assessment of 0146.67, less the 100 feet in the rear and give the Town a right of way for drainage purposes over the land, that it be sold and conveyed to him. Mr. Hoyt seconded the motion and it was so voted. Mr. Glenn's offer to purchase Lots 35 and 36 Hillcrest Street was held over for another week inasmuch as some of the members of the Board did not have an opportunity to view the lots this past week. 10 Upon motion duly made and seconded it was voted to sign Water Order, Cambridge - Water Concord Highway from Spring Street, a distance Orders of approximately 1630 feet easterly. (A copy of the Order on file in the Selectmen's 1951 Water Orders). Upon motion duly made and seconded, it was voted to sign Sewer Order, Kendall Road Sewer from Grapevine Avenue, a distance of approx- Order imately 50' northeasterly. (A copy of the Order on file in the Selectmen's 1951 Sewer Orders). Mr. Burns retired at 10:45 P.M. Application was received from John E. Murray for permission to conduct an Arch - Paper bishop Cushing paper drive in Lexington Drive on Sunday, October 28th. Upon motion of Mr. Hoyt, seconded by"Mr. Gay, it was voted to grant the request. Application was received. from Richard F. Jackson to conduct a 4-H Club meeting in a Conference Room on October 9th. Upon motion duly made and seconded, it was voted to grant the use of a Conference Room free of charge. Application was received from the Middlesex County Farm Bureau for permission to hold a banquet and Annual Meeting in Cary Hall on the evening of November 1st. Upon motion duly made and seconded it was voted to grant the use of the hall subject to a charge of 435.00. Mrs Fox' application for permission to Welcome conduct a meeting in Cary Hall for the purpose Wagon of organizing a Lexington Welcome Wagon Com- mittee was held over. Use of Hall Use of Hall License Permit Upon motion of Mr. Hoyt seconded by Mr. Gay, it was voted to grant a Sunday Movie license to the Lexington Theatre, Inc. The Clerk informed the Board that Mr. Gillespie, a Senior High School teacher,. had requested permission to have the school band para4e through the Town on the days of home football games. Mr. Gay moved that the request be granted. Mr. Hoyt seconded the motion, and it was so voted. The meeting adjourned at 11:05 P.M. A true record, Attest: Clerk, S t en 1 11 SELECTMEN'S MEETING October 8, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, October 8, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Every, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt of Public Works, and the Clerk were also present. The Board discussed the accident which occurred when a ear proceeding on Marrett Road drove over the sewer ditch and it, caved in. Mr. Every reported that he saw the trench on Friday night and it was in good condition. The possibility of insuring the Town for such coverage was considered, although this par- ticular accident is the responsibility of Brox, the contractor. The Chairman read a letter from John A. Rodes relative to Shade Street drainage. Mr. Burns said that the street construction does not bother him, but the amount of water run- ning down Shade Street does. He said that if Mr. Rodes or anyone else has the answer he would like to know it. He said the only Shade solution he can offer is to put in a portion Street of the drain in Shade Street and run it as drainage near Weston Street as he can, but he doubts if he will have any money left over in his account to do this. He informed the Board that it will cost between $16,000 and $20,000 to construct the drain up to the corner of Cary Avenue. Petition was received, signed by eight individuals (no addresses given) requesting Sherburne the extension of the sewer in Sherburne Road Rd. Sewer between Vine Brook and Winthrop Road. The Board agreed that this is a 1952 budget item. Petition was received, signed by nineteen residents of North Street, requesting instal- Street lation of street lights to complete the circuit Lights left open from #48 to the junction of North and Burlington Street. Petition was also received, signed by twelve residents of North Street, requesting Street the installation of "Children Go Slow" signs. Signs Mr. Burns informed the Board that when- ever anyone calls him in regard to traffic signs he tells -them that he will paint them on the street now, but if they want the other type, it will take approximately six months. The Chairman requested Mr. Burns to make an investigation of both requests and report to the Board. 12 The Chairman read a letter from Vernon C. Page, representing the Fallen Church, expressing dissatisfaction of the work the Town has done on the church property, on the side of the church next to the school drive- way. The Chairman suggested, and Mr. Burris agreed, that Mr. Burns contact Mr. Page in azi effort to find out just what the trouble is. Mr. Stevens, Town Counsel, arrived at the meeting at 7:30 P.M. The Chairman read a letter from Mrs. R. J. Spencer stating that Mr. Garrity has re- moved one tree at the driveway to her garage Removal on Vine Brook Road, but her problem is not of tree solved and she would like to have the second tree removed. Mr. Driscoll said that he would like to look at the area before making any decision. The request was heldover until the next meeting of the Board. The Chairman read a letter from Charles Small, attorney for Mr. Palladino, relative Palladino to the drainage problem involving tax -title Drainage property purchased by Mr. Palladino. The Board recalled that Mr. Palladino was well aware of the situation when he pur- chased the property. The Chairman agreed to review the records and contact Town Counsel. Town Offices Closed McKearbey Betterment Mr. Burns said that if the Town Office Building is to be closed Saturday horning, following the holiday on Friday, October 12th, he would like to close the yard also and have the time made up. Upon motion of Mr. Baery, seconded by Mr. Driscoll,'it was voted to close the Town Offices and the yard on Columbus Day, October 12th and also on Saturday morning October 13th. Mr. Stevens left the meeting at 7:55 P.M. The Chairman read a letter from Samuel F. Parker, Vice President of the Lexington Federal Savings and Loan Association, advising that Miss Magaret A. McKearney had consulted him with ref- erence to the'street'getterment assessment • levied against her property on Grant Street. The letter stated that Miss McKearney doubts the equitableness of the assessment and the- adjustment to date does not, in her opinion, favorably adjust the situation.' to 1 1 13 Mr, Parker requested further review by the Board. Upon motion of Mr. Finery, seconded by Mr. Hoyt, it was voted to authorize the Chairman to advise W. Parker that the Board gave very careful consideration at the time the better- ment assessments were considered and all parties involved were entirely satisfied. Letter was received from Mr. Stevens re- lative to the legality of the Town appropriating money for a local 4-H Club. He explained that such an -appropriation cannot be made directly. However, the result can be accomplished by an appropriation to the Middlesex County Trustees 4-H Club for county aid to agriculture. He discussed the Approp. subject with -the Division or Accounts and also Mr. McDougal, Middlesex County Agriculture Agent. At the present time there are no towns Middlesex County that make such an appropriation. Some towns do, however, make appropriations in some form that are used directly for the support of the local 4-H Club. If further information is available he will advise the Board. Letter was received from Norcross Teel. relative to allotment of the Town's insurance. W. Gay recommended that the Board adopt a policy of not placing additional insurance with local agents unless one of the present agents drops out for any reason. The Chairman inquired as to the amount of time involved in handling the Towns insurance, under the present set-up, and Mr. Burns replied that it takes approximately six weeks per year for one:girl and between one and two weeks for himself: Mr. fiery said that he would be in favor of studying the subject and having Mr. Hill, of Brewer & Lord, in to discuss it with the Board. The Chairman agreed to consult Mr. Hill, and request him to submit a letter to the Board outlining how this problem of insurance~. allocation should be handled. ' 'Further consideration was given to Mr. C. R. Glenna offer to purnhase Lots 35 and 36 Hillcrest Street, for $100 plus betterment assessments. Upon motion of Mr. &eery, seconded by Mr. Hoyt, it was voted to entertain an offer of $800 for the two lots; said figure to include the betterment assessments. Insurance. Tam Title Property 14 Mr. Dominic Varello's offer of $200 for Lots 50-53 on Hillside Avenue, was placed on the agenda again at Mr.'Gay's request. He explained that Mr. Uralic) had approached Tax Title him and'would like to have the Board reconsider. Property Mr. Emery reminded the Board that the Planning Board has recommended retaining all the tax title property in this area due to the possibility of future development by the Town No change was made in the Board's previous decision to decline Mr. Varello's offers. Upon motion of Mr. Driscoll' seconded by Marrett Mr. Hoyt, it was voted to sign a Sewer Order Road for the extension of the sewer in Marrett Road Sewer from the end of the existing main westerly 'approximately 655'. (Copy of Order on file' .Selectmen's Office under Sewer Orders 1951). Further consideration was given to appli- cation for use of Estabrook Hall for a meeting, Use of submitted by Mrs. Gertrude Fox, on behalf of Hall the WelcomeWagon Service. It appeared to the Board that this is strictly a commercial venture and therefore the request was denied. Police report for the month of September was received and placed on file. Parking The Chairman read a letter from the Lexington Chamber -of Commerce Off -Street Parking Committee, requesting the Board's oonsideration to -the parking situation in Lexington Center". No fiction was taken on the matter. Upon motion duly made and seconded, it License was voted to grant the Lexington Theatre's application for a Sunday Movie License. Sexton -Letter was received from the Lexington Property Boy's Club, Inc. offering to pay $25 per month for the use of the Sexton property as head- quarters. The Clerk informed the Board that Chief Engineer Cook has arranged ten blasts on the fire whistle, repeated three times' as an air maid signal and Mr. Manfred Warren would like Air Raid to know whether or not suoh arrangement should Signal be approved by the Board. The Board had ho objection and Mr. Finery suggested that Mr. Warren be invited to meet with the Board to report on the progress of the Civilian Defense organization. 1 15. Letter was received from Dan H. Fenn, on behalf of the United Council on World Affairs, requesting permission to conduct a meeting in_ Cary Hall on Wednesday, October 24th, at Use of eleven o'clock in the morning or one o'clock Hall in the afternoon. Upon -motion of Mr. Driscoll, seconded by Mr. Hnery, it was voted to grant the use of the hall free of charge, Application was received from Rev. Harold T. Handley, on behalf of the Lexington Council of Churches, requesting permission to use Cary Hall on Tuesday, November 20th for a Thanksgiving Community celebration. Mr. Thiry said that he would be in favor of granting the use of the hall providing the Use. of .council includes churches of all denominations, Hall otherwise he thought it should be denied. Mr. Driscoll said that he would be in favor of granting the request. The Chairman agreed to contact Rev. Handley t� determine the character of the exercises. Mr. Stevens returned to the meeting at 9:03 P.M. The Chairman read a letter from the State Department of Public Health, addressed to the Lexington Board of Health, reporting on the results of soil analysis made at 17 Donald Street. Mr. Stevens reported that he had a meeting laat Friday with the builder, Mr. Lindetrom.and Mr. Jackson to review the situation and at that meeting he read the letter from the State. He explainedto the builder that on the basis of this letter the Board of Health could not -issue a permit for a cesspool or septic tank and the Building Inspector could not issue an occupancy permit. He told the builder if he wanted to proceed to construct the house and leave it idle until such time as it could be occupied that it was entirely up to him. At this meeting nothing was said about any claim for damages against the Town. Mr. Stevens reported that the builder has excavated for the cellar and had the forms in place. He therefore - has the expense of excavating and the forms: Mr. Burns said that the forms would cost about *200. Mr. Stevens said that he told the builder that the Board of Selectmen has nothing to do with this and that it is entirely in the hand5of the Board of Health and the Building Inspector. Mr. Burns retired at 9:10 P.M. 16 The following members of the Board of Assessors met with the Selectmen: Chairisan Barnham, Mr. Shanahan and Cdr. Cronin, the Clerk. The Chairman of the Board of Selectmen said that this, as stated in the Board's letter, is to"see if some point can be arrived at in regard to the forthcoming trial relative to the East Street claims being handled with some hope of success by the Town Counsel or settled out of Court. He explained that Town Counsel is very much eoncerned because he does not seem to get any firmground upon which to trade in as far as values are concerned. He -attempted East St. to have a joint meeting -with all the injured Claims parties and their ideas, in some instances, are a little bit -peculiar. He said he thought the settlement.is restricted to 43,000 approp- iated-by Town Meeting for settlement of these claims, He said that he thought the Assessors would come in this evening and talk, chiefly with Tbwn Counsel, and arrive at some firm basis of Opinion to go into Court to sub- stantiate what is thought to be the fair value of the land. He explained that if the . cases are settled on the basis of some of the amounts involved, there is no question but that the land it under assessed compared with the owners' ideas -of values. Mr. Stevens said that` he has been trying to obtain figures and was -assured by the attorney, Gould, that he Would discuss the matter. He arranged -for a conference last week with all concerned. Those in attendance were Ulendorf, Kelley, Bailey and Morrow. Ulendorf is assessed for 4500 and claims *1800; Bailey claims 41500, Morrow claims 43,000 and Kelley wants 4750. Mr. Porter and Baskin are still to be heard Prom. The subject was discussed at length and the Assessors agreed to consider each claim individually -and try to arrive at sodne def- inite conclusion as to what they believe would be a fair amount of damage. The Board of Assessors retired at 10:10 P.M. Telephone call was received from Harold E. Roeder, requesting permission to hold a demonstration at -the rear of the Town Office Building on'Sunday October 14th in connection with Fire -Prevention Week. The Board had no objection. The meeting adjourned at 10:15 P. A true record, Attest: i k 1 1 SELECTMEN'S MEETING October 15, 1951 A regular meeting of the Board of Select- men was held in -the Selectmen's Room, Town Office Building, on Monday evening, October 15, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. :erg, Gey„ -Driscoll and Hoyt were - present.. Mr. Burns-, Sup't of Public Works, and the Clerk were also present. Mr. Burns presented for consideration the installation of a water main in Spring Street from the Concord Turnpike going towards the Waltham Line and explained that the requests came in August 13th. He said up until the present time he has not been forded to install the main and make any commitment.' He reported that to put the main down on the Turnpike he has to go along land owned by Miss Pilkington and would like -to put the dirt from the trench on to her land. The last time he talked to her she was very anxious t� have the water installed in Spring Street. He explained to her that no request had ever been received. from anyone who had actually purchased land there. Immediately after that conversation individuals who purchased parcels of land from her submitted requests for water. She still has=not refused permission to put the trench dirt on her land, but may possibly make it contingent upon getting the water in Spring Street. Mr."Burns said that he has received the necessary permit from the State but has held Cali off until he talks with Miss Pilkington again. He said that the amount he is talking about is about 0,000 of which about $1,500 or $2,000 is assessable, and the money is available. He said that of all the requests submitted this year the only -ones not done are Chase -Avenue, about 200'; Hayes Lane, Ellison Road, which is the largest, Williams Road, Minter Street and Spring Street. Mr. Emery asked what would happen if the dirt were dumped on the land and said -that he is not in favor of -extending the main. M.r. Driscoll said that he does not know enough about it, but Would agree with Mr. !Mary inasmuch as he has seen the area and knows the situation. - Mr. Emery said that he would -like to ask - Town Counsel if the Board could vary the formula on water betterments the way it was varied on sewer betterments. 17 Spring St. Water Main 18 When Mr. Stevens arrived at the meeting the Chairman explained the situation to him. He said that if the only person to be assessed, by loading,. would be the Pilkingtons he thought the Board should find out from them in advance if they are willing to pay.. He. said that he would not like to fight this on water. The Chairman asked if the Town would be Spring St. in danger of damages by --dumping the dirt on Water Main her land and Mr. Stevens replied that he pre- sumed it would. He -said a taking could be made for temporary purposes. -He said that the Board could take a temporary easement which would pease ,after completion of .construction,. The Chairman asked what it would cost for the 800' and Mr. Stevens said that it is difficult to determine but he thought it would be very little. He said that there -would be no actual damage to the land. The Board. felt that the Cone Turnpike job should be done and the question of damages handled in the legal way. Mr Burns agreed to contact Miss Pilkington again. Petition was -received, signed by three Richard Rd. residents of Richard Road, requesting the Sidewalk construction of granolithic sidewalks. The Board felt that this would be a 1952 budget item and the Chairman said that he would like to look at the area. Petition was reoeived from residents of Prospect Hill Road requesting the installation of catch basins to relieve flooding of private property. Sr. Burns explained that the problem is the drain on Marrett Road, a State highway. Prospect 8e said a permit could be obtained from the Hill Road State. to -place a pipe in Marrett Road with no Catch Basin openings, but it Would not be too successful. He suggested advising the petitioners -,that if the State will put in its portion, the Town would consider drainage'for Prospect Hill Road. Be agreed to check further with the State and report. W. Stevens arrived at the meeting at 7:30 P.M. - Mr. Manfred Warred! met with the Board and Mr. Burns retired. 1 19 Mr. Warren explained that during the last war the Town had three or four sirens, but the situation at the.present time does not warrant the purchase of sirens. The State has plans for a practice alert and may ask to have some kind Civil of air raid signal. A few towns are using signals Defense and some are using the fire whistle. He said that Roy Cook told him that the Fire Commissioners designated ten blasts of the fire whistle, repeated three times. Contingent upon the approval of the Fire Commissioners the Board approved the suggested air raid signal. Mr. Warren retired at"8:10 P.P. and Chief Rycroft met with the Board. The Chief had been requested to meet,with the Board relative to the position of Lieutenant in his Department. He said -that it is a situation where there are two close marks. Sergeant Smith filed an appeal just as a matter of protection. The Chairman asked the Chief if'he would tell the Board what his recommendation is. The Chief said that it is so close it is difficult to say anything about.anyone. Sergeant Smith and Sergeant Knapp are two different types of individuals and they work in different ways. Snaith is a good smart police off icer and there is no question about it, but he lacks the Same initiative that Knapp has. It does not make any difference to Knapp if it is five thirty or six; he will stay on duty. He said that this is not true of Sergeant Smith unless the Chief asks or tells him to stay -on. Knapp has been -doing all the investigating, court work and prosecutions and hoe done a remarkably good job in that field. He,said that both men make a good appearance, and it is difficult to say anything about the top man .or do all the talking about -the second man. Ile said that personally he felt Knapp would be the better man as far as ability is concerned, and that he has a year and a half more service. He explained.that if the markings Were true, Sergeant Knapp would have received 94.13 and Sergeant Smith 92.70 because Sergeant -Smith re- ceived two points for being a veteran. The Chairman asked if the veteran's status Would have any effect on -the Civil Service approval if the secondmanwere appointed. .Chief Ryeroft replied that it would not as long as the choice is made on merit. The Board can choose the second man but must give a reason for doing so in writing. . Police Lieutenant 20 The Chairman asked how the executive -ability of the two men compared and the Chief replied that there is not too much difference. He thought they would have the same command over the men. Mr. Gay asked what Sergeant Smith could do if the second man were appointed and the Chief replied that he might appeal'but there would be nothing upon -which -to appeal. Mr. Driscoll asked who was appointed Sergeant first and the Chief replied that it was Smith. Mr. -Driscoll asked if Knapp took the exam- ination at that -time and the Chief replied that he believed he did. -- --" Mr. Drisooll asked if. Knapp had ever applied for disability retirement and if he has trouble with his legs. The Chief replied that he has gout. Mr. Hoyt inquired as to the status of the third man and the Chief replied that he is the youngest of the group. Police The Chief said that he could not say anything Lieutenant morally about either -tan. lie -said that he would like to make the suggestion for the Board's -eon - sideration, where there are two close marks, that two Lieutenants be appointed. He -said the cost would not be prohibitive as it is a matter of about $200•a year. He further suggested that they be replaced by the appointment of two Sergeants. He said that the Department has had three Sergeants, one Lieutenant and a Chief. The Chairmanasked if he had a Sergeant's list and the Chief replied that he understands four have passed the exam. At the present -time there:are twenty-one patrolmen, two "Sergeants and one chief. The Chairman asked if he felt definitely that when. he had -his new officers that he can correct some of the things that have been post= poned and the Chief replied in the affirmative. Following -St disoussion covering several items in connection - with the Department personnel, the Chief retired at 9:10 P.M. Permit for Exhibition • Mr. Plummer; representing -the Painters' Guild -of the Arts and Crafts Society, met with the Board and requested permission to hold an exhibition on the lawn of the Buckman Tavern next Sunday.af ternoon between one -o'clock and five o'clock. He said that in the event of rain they would like -to hold the exhibition the following Sunday. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the request. Mr. Plummer retired at 9:15 P.M. and Mr. Burns returned to the meeting. 1 21 ,The Chairman read a letter from Raymond, E. Lewis requesting suitable drainage to eliminate a pool of water in the front of his property at .11 Hancock Street. Hancock St. Mr. Burns explained the only way to correct Drainage this is to properly regrade-several feet of the street. He said that -he does not think it is a dangerous situation, and that it would probably be taken care of next year in regular maintenance work. The Chairman read a letter from Mr. J. • Willard Hayden with reference to the water on Shade Street. _ Letter was received from Frank DeMao, 759 Marrett Road; requesting the installation of one Street street light. Mr. Burns recommended one light Light on the existing pole. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to authorize one light as recommended. Mr. Charles Larden's request for street lights on Woburn Street (047) was held over from a previous meeting. Mr. Burns recommended seven lights to properly cover the street. The Edison Company talked about 2500 lumin lamps,'but Mr. Burns Street asked for 800. If -at any time later they are Lights changed to a larger lumin there will be no additional cost. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to authorize the installation of seven 800 lumin lights. Mr. John Cempobasso1s request for a street light en Summer Street was held over from a previous meeting. Mr. Burns recommended one Street light and explained that there is only one Lights location without purchasing'another pole. - -Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to authorize one light as recommended. Petition for street lights on North Street was held over from a previous meeting. Mr. Burns recommended -seven lights to take care of the entire street. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it,was voted to authorize seven lights as recommended. Mr. Burns reported that he had received a request for a street light on Buckman Drive and recommended three lights. Upon motion of Mr. Gay, seconded by Mr. awry, it was voted to authorize three lights as recommended. Street Lights street Lights 22 - Further consideration was given to Mrs. Spencer's request to have a second.tree removed Tree from in front of her driveway on -Vine Brook Road. Removal Upon motion of Mr -Driscoll, -Seconded by Mr. Hoyt, it was voted to -instruct Mr. Garrity to have the tree removed. Letter was received from the Planning Board Edison with reference to Edison Way. The Chairman took Way the letter and agreed to contact Mr. Ballard and Mr. Adams in an effort to arrange a meeting to discuss the subject. Cert. of Inc. Dor. Burns retired at 10:25 P.M.; -Upon motion of Mr. Driscoll seconded by Mr. Hoyt, it was voted to sign a -statement of facts with reference to Helen M. Farley, Elizabeth - Currier, Irving Currier and -Helen G. Currier, who'have filed for a Certificate of Incorporation. Letter was received Prom H.1. Stewart, Chairman of -the -Red Feather, requesting per- Permit mission to -land a helicopter on the Common, Sunday, Denied October 21, 1951. It *as the opinion of the Board that this would>be an inappropriate use of the Common and the request was denied: Letter was received froze Stanley W. Janusas, 12 Tucker Avenue advising that he would like to pureha$e veteran's lot #15 Cedar -Street." Mr. Janusas stated inchis letter that he is a -veteran Vet's of the U. S. -Navy, enlisted from Lexington, May, Lot 1943, and -was discharged in -June 1946. - Upon motion of Mr. Gay, seconded by Mr, awry, it was voted to sell and convey Veteran's Lot #15 Cedar Street to Stanley W. Janusas. Application was received -from the Lexington Allied Veterans Council requesting permission to Use -of use Cary Hall for Armistice Day exercises -on Hall November 12th from 10:00 A. -M. until noon. Upon motion of Mr. -Driscoll, seconded by Mr. Gay, it was voted to grant the use of the hall free of charge. -Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the following licenses: Lexington Theatre, Inc. 1794 Mass. Ave. Sun. Movies George M. Szili, Jr. 7 Spencer St. Peddler Mr. Charles Durkin's application for a Public Carriage license was held over for another week, Licenses 1 Letter was received from Mr. Carroll requesting a transfer of $2,512.02 to the Treasurer's Expenses Account to cover expenses incurred in connection with the loan covering the water, sewer and school bonds. Another letter --was received from Mr. Carroll requesting a transfer of $500 -from, the Parking Meter Account -to the Town Treasurer's and Town Clerk's Personal S-ervices'Account. The Chairman agreed to endeavor' to secure more information on both of these requests. The applications for licenses for retail package stores by: Edward J. Connors and Thomas F. Connors Warren T. Bryant Arnold P: Bradford Alfred L. Viano and Fred N. Viano George 14 -Breslin and Warren F. Breslin William E. -Phillips and John J. Phillips Robert Cataldo -- were taken up and discussed. The Chairman reported that the application of William E. Phillips and John James Phillips had been withdrarm- dgai:;to their inability to secure the premises described in the application and read a letter dated October -10,1951, to this effect. Liquor Upon motion duly made and seconded it was License unanimously voted'to reject all of the aforesaid Applica applications as in the opinion of the Selectmen tions the present three retail liackage stores are adequate in number and location to meet the reasonable demanda of the public for places at which they may obtain alcoholic beverages. A true record, Attest: 2 Transfers 24 SELECTMEN'S MEETING October 22, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday afternoon at 4:00 P.M. Chairman Nickerson, Messrs. fiery, Gay, Driscoll, and -Hoyt were present. The Clerk was also present. Upon motion'of Mr-. Gay seconded by Mr. Hoyt,•it was voted to approve petitions and sign orders for the following pole locations, all of which were approved by Mr. Burns. Grove Street, approximately 540 feet northwest of BurlingtonStreet, one pole. One existing J0 pole to be removed. Lowell Street, approximately 530 feet north of Maple Street, One pole Lowell Street, approximately 725 feet Pole north of Maple Street, one pole. Locations Concord Avenue, northwesterly from a point approximately -110 feet northeast of Shade Street, two poles. Lowell Street, easterly side, approximately 992' southeasterly from Woburn Street, one pole, remove one pole 9/59. Lincoln Street, southeasterly from a point approximately 100' southeast of the Lexington -Lincoln line, seven poles. Letter was received from the State Depart- ment of Public Works, together with contract, in duplicate, for the construction of Paul Revere Paul Road - Chapter 90. Revere Rd. Mr. finery moved -that the contract be signed Ch. 90 and returned to the State providing that it meets with the approval of Town Counsel. Mr. Gay seconded the motion and it was so voted. Sign Contract Ch. 90 Leater ie rabelved from' the -=State Department of Ttblio Works, together with -three copies of contract dated ctober 9, 1951, between the Town of Lexington and George Brox, Inc. for Chapter 90 construction on Paul Revere oad. Mr. beery moved that the contract be signed providing it -meets with the approval of the Town Counsel. Mr. Gay seconded the motion and it was so voted. 1 Letter was received from Mr. Carroll, Town Treasurer; together with notice of attach- ment against S. Cali Construction Company,'a copy of which -was sent to the Town Counsel. Letter was- received from Mr. Carroll, Town Treasurer, together: with notice of a suit in equity by Continental Casualty Company defendant - A. D. Daddario, a copy of which was sent to the Town Counsel. Legal Legal 25 Letter was received from Joseph S. Sheehan, 54 Asbury Street, Lexington, offering *400 for Tax Title lots 243 through 258 Asbury Street.- The Board Property preferred to view the lots before making a decision. Letter was received from W. T. Rowe, Jr., 49 Dover Street, Somerville, offering X400 for Lots 4 and 8 Massachusetts Avenue. The Board decided to notify the two abutters, Tax Title who had previously submitted an offer, that an Property offer is being entertained and.ask if they desire to submit a bid. It was also agreed to Acknow- ledge Mr. Rowels letter and entertain an offer of , soo for each lot. Letter was received from the Lovell Bus Company, together with a new time table and Lovell revision of service. - Mr. Gay suggested, and the Board agreed, to Bus Time submit the information to Mr. Adams with the Table suggestion that it be printed .in the Minute -Man. Letter wae reoeived from Edwin.B. Worthen calling the Boardts attention to the condition of the•inscription'on the Ancient Monument at the COMM* The Chairman reported that he and Mr. Holt had inspected the monument and agreed with Mr. Monument Worthen. The other members of the Board are to at Common look at the monument and the Clerk was instructed to place the communication on the agenda for the next meeting or the Board. Memorandum re the introduction of proposed legislation and related matters was received from the Massachusetts Selectmen's Association, Bill re: The Association intends to file e. bill to extend Workmen's Werke -We -Compensation -Compensation coverage to firemen and Cont.. policemen. The Subject was discussed with Town Counsel, when he arrived, and he suggested that the Chair- man confer with Mr. hill as to how such legislation might affect the --insurance rates. He said that he supposed the only objection would be the expense. 26 Upon motion duly made and seconded it.was voted to grant the following uses of halls free of charge: Uses of Halls Lexington Arts-& Crafts, Cary Hall for Annual Exhibit, May 4, 1952 Lexington Chamber of•Commerce, Estabrook Hall, for a discussion, October 30, 1951 Richard -F. Jackson,'Conference Room, 4-H meeting, November 6, 1951 Application was received from the Belmont Hill School requesting permission to conduct a Use of dramatic perfortiance in Cary Hall on December Hall 7th with rehearsals on -December -1, 2, 5 and 6. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to deny the request inasmuch as it is not a local group. Upon motion duly made and seconded it was. voted to grant the following licensess Lexington Theatre, Inc. 1794 Mass. Ave. -Sun. Movies Sydney -P. -Birch and John Crane 312 Merrett Rd. Antique Store Charles W. Durkin 18 Manley Court. Pub. Carriage The meeting adjourned at 5:05 P.M. and re- convened at 7:00 P.M. Licenses Transfer Transfer Mr. Carroll, Town Clerk .and Treasurer, met with the Board. He referred to the Chairman's suggestion to Miss -McDonough relative to request for transfer of *2,512.02 -to cover expenses in- curred in connection with the Wateri seWer and school loans. The Merchants National Bank is very willing to co-operate and, therefore, the request for a transfer can be disregarded. Mr. Carroll then referred to his request for a transfer of *500 froia the Parking Meter Fund to his personal services account. He said that he Was in error and that he included $500 in his ?ersonal Services budget to eover the cost of counting and wrapping the coins, but -the Approp- riation Committee did not approve it. He intended to have an article in the warrant requesting a transfer from the Parking Meter Fund but he neglected to have the article inserted. He re- ported that he has only enough money in his account.to;.pay the girls until the first of December. Be said that Mr. Dine of the Division of Accounts told him that the Reserve Fund is for emergencies and he would consider -this an emergency and a legitimate transfer from that Fund. 1 1 The Chairman said that he does not doubt Mr. Carroll but the Board would like.to check this with Town Counsel. He asked if the exact amount needed is $500 and Mr. Carroll replied it is about $485. Mr. Hoyt asked if-, in another year, Mr. Carroll would have an -article in the warrant to cover this expense, or have the amount voted by Town:Meeting from the Parking Meter Fund and he replied in the affirmative. Mr. Carroll retired at 7:15 P.M. When Mr.'Stevens arrived later in the evening the Chairman explained the situation to him and he expressed --the opinion that not to be able to pay the girls in the Town Clerk's Office would be an emergency. Upon motion of Mr. Gay, seconded by Mr. Beery, it was voted to recommend to the Appropriation Committee a transfer of $500 from the Reserve Fund to the Town Clerk and Town Treasurer's Personal Services Account. Hearing was declared open upon the application ,of Boston Edison Company and the New England Telephone and Telegraph Company for joint or identical pole locations on Concord Avenue. No persons were present in favor or in opposition. Upon motion of Mr. Gay, seconded..by Mr. Driscoll, it was voted to approve the petition and sign the order for the following pole locations: Concord Avenue-, southeasterly from a Point approximately 225 feet south- east of Benjamin Road, three poles." (Three existing poles to be removed.) Hearing was declared open upon the application of the Boston Edison Company and the New England Telephone and Telegraph Company for joint and identical pole locations on -Concord Avenue. No Pole persons were present in f avoror-in opposition.' Location Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the petition and sign the order for the following pole locations: Concord Avenue, northwesterly from a point approximately -110 feet northwest of Shade Street,--twa (2) poles, guy wire and anchor to the 2nd pole. Mr. Burns and Mr. Stevens arrived at the meeting at 7:30 P.M. 27 Pole Location 28 Johnson Claim Lieutenant and Sergeant lists The Chairman referred to Mr. Stevens' letter re Ernest B, Johnsof vs. Board of Selectmen — abate- ment of water betterment -assessment in the amount of $770. Be said that, according to the letter, Mr. Stevens recommended reducing 5/6 of the better- ment -and the Board is concerned with the.fact that it seems to be the construdtion of Route 128 that caused the land -to -become valueless. Mr. Stevens said that'the State does not believe that the land is buildable and pays on the value of the land at the time of the taking. The Chairman said:that it would seem to him that if Mr. Johnson wasgoing to collect, the only place he could collect from would be the State and apparently he did not -do so. Mr. Stevens said that it is not the Town's fault -that Mr. Johnson -did not oolleot from tha State, but it is a question of what.the value of, the land was. Re said that if he were to try the case it would be difficult to explain why the Board considered 400' not buildable and in the same year placed a betterment on the other land. No action was taken and the matter was held over until the next meeting. 'At 8:20 P.M. Chief Ryoroft, Messrs. Grant B. Cole, Robert T. Person; Bertran P. Dustin, Kenneth Packard, Donald Legrow, Kenneth Moyle, Donald Davis and four other individuals met with -the Board. ,The Chairman explained that the meeting was being held at the request of Mr. Cole to discuss the problem of juvenile delinquency in Lexington. He explained that he had talked with Mr. Cole and told him the beat method he could suggest was for him to confer with Chief Rycroft to whom the Board would naturally refer a matter of this type. He informed the group that the Chief was out of. Town when the specific incident which prompted this meeting.took place. Various incidents of apparently unprovoked attacks made by teen -age -boys were reported and discussed by several of the group present. -The group retired at 8:25 P.M. with the Understand- ing that some -publicity would be given pertaining to the discussion this evening. Letter together with formal requisition blank was received from the Division of Civil Service advising that, as a`result of -the examination held for promotion to Police Sergeant, an elibible list has now -been -established. A similar letter and formal requisition blank received last week with reference to the Lieutenant's examination was held over from the last meeting. Gb Coo 04, 1 29 The communications were discussed with Chief Rycroft and he informed the Board that he would• prefer to have two Lieutenants appointed for his Department. Be explained that one Lieutenant will be in charge nights. He said that whether Sergeant Knapp is appointed a Lieutenant -or not, it will make no difference- as -he will,as a Sergeant, handle the Court cases, The Chairman asked how many Sergeants the Chief recommended and he replied that he would like two -which will give him a compliment of five officers. The Chairman said that -the Chief now has a Lieutenant force of 24 men, one Lieutenant and two Sergeants. and He asked -if, having two Lieutenants and two Sergeant Sergeants, they would or would.. not continue to lists perform the same functions as they now perform. The Chief replied in the affirmative and explained that the Sergeant on days will have to take care of a school. If there is a spare man, he will go around and check all the schools. Mr. Gay asked if the Chief would need more men if two Lieutenants and two Sergeants are appointed and he replied that he would some time. Mr. Gay asked if he would need more patrolmen' at the present time and he replied in the negative. Chief Rycroft retired at 9:40 P.M. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to appoint to Lieutenants and two Sergeants to the Police Department, as recom- mended by the Chief, and further to authorize the Chairman to sign formal requisition blanks -to be submitted to the Division of Civil Service. Letters were received from the Alcoholic Beverages Commission advising that George -W. and Warren F. Breslin, Edward J. and Thomas F. Connors and Alfred E. and Alfred L. Viand have appealed from the action of the Board relative`to their applications for a 'ackage Goods Store License. The letter requested full and detailed state- ments of all the facts relating to the appeals, duplicate application, and a list of the persons to whom the Board would like -to have receive notice of the A.B.C. hearing. The Town Counsel suggested sending in the names of abutters and all those who were present at the hearing and were opposed to granting a license. It was also suggested that notices be sent to various organizations such as the P.T.A., Boy - Scouts, Girl Scouts and League of Women Voters. Appeals to A.B.C. 30 Lexington Liquor Mart, Inc. Further consideration was given to Mr. John J, Rudd's application for a transfer of his present Package Goods Store License, at 1849 Massachusetts Avenue, Lexington, to Lexington Liquor Mart, Inc., 1849 Massachusetts Avenue, a Massachusetts Corporation of which he is president and Genera. Manager. Notice of -the application was inserted in the 4etober 4, 1951, issue of the Lexington Minute -Man. Upon -motion duly made and seconded, it was voted to'approve the request for transfer from an individual to a corporation, sign the license and forward it to the A.B.C. The meeting adjourned at 11:10 P.M. A true record, Attest: 1 SELECTMEN'S MEETING October 29, 1951 A regular meeting of the Board of•Seleet- men was held in -the Selectmen's Room, Town Office Building, on Monday evening, October 29, 1951 •at 7:00 P.M. Chairman Nickerson, Messrs. Rnery,-Gay 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. The following jurors were drawn: James Warren Bean, mover, 26 Parker Street Mary E. Stankard,-separator,-131'Marrett Road Carl R.=Petterson, custodian, 6'Hill Street Mr. Carroll retired at 7:04 P.M. and Mr. Burns, Sup't of Publio'Works, met with the Board. 31 Jurors Mr. Burns discussed snow truck hiring and explained that Bieren plows Meriam Hill and Grove Street, This year he wants $1.00 per hour more and was paid $6.50 last year. Re said that the highest rate he can find so far on the State is *6.00. - - Mr. Bieren wants $7.50 per hour -or else he will plow for the State. His reasons in favor of making the change is that he will plow a section of Route 128 which will be very easy going and he will have more work. One of his complaints is that belles been laid off too soon on Town work. However, Mr. Burns told the Board that he has never let any truck ge as long as there is plowing to be done. Mr. Driscoll said that he thought the rate was to high.and if the increase is granted to Bieren, it will have to be considered for the•other trucks. Mr. Burns agreed that he, too., felt the rate Snow excessive, but if-Bieren does -not plow the hill, Plowing it will undoubtedly be necessary to put on two' trucks for this -section -He said that Bieren does good work and is very conscientious. He reported that the truck situation this year is serious. In previous years he had -about eight trucks and this year he can count only four or five. He said that Bieren has two trucks and the Town uses'both of them. The Chairman•asked if Mr. Burns had done any- thing actively toward obtaining a -squad of trucks and he replied in the affirmative. He said that it is difficult to secure -trucks for plowing. Mr. EMery-inquired as to the amount of money being discussed and Mr. Burns replied that if he has --eight trucks-, working ten or twelve hours plowing it will -average about $100 per day; twelve storms would cost $1,200. Mr. Burns agreed to discuss the subject wiph Bieren and report to the Board next week. 32 Mr. Burns discussed drainage of Williams Road and explained the situation by use of a large map. He said that he has been trying to obtain a right-of-way through"Baakin's land and at first Baskin was agreeable, but six weeks Drainage ago he changed'his mind. However, Mrs. Baskin Williams telephoned to say that he is out of.Town,.has Road purchased the"Kelley land and will discuss the subject again. He wants some c'ammitment from the Board whereby if he allows the Town to run the drain down Gleason Road, the Town will con- tribute to the cost of.drainage when he develops the land. Mr. Burns told -him that -the present Board could not bind any future Board. He is willing to allow the Town to dump water onto the end of Gleason Road"for the present time. Mr. Stevens arrived at.the meeting at 7:30 P.M. The Chairman suggested that Mr. Burns wait until Baskin returns, discuss the overall picture with him and"then;have him meet with the Board next Monday at eight o'clock. Letter was received from Daniel S. Toomey, Street 8 Drew Avenue-, requesting the installation of a Light street light at the -corner of,Cliffe Avenue and Drew Avenue. Mr. Burns approved -the -location and recommended granting the request. Upon motion of Mr. Gay seconded"by Mr. Driscoll, it was voted to authorize the Supt of Public Works to have one street light -installed at the corner of Cliffe and Drew Avenues. Letter was received from Thornton S. Cody, Street 8 North Street, requesting that traffic warning Signs signs be painted on the street -until such time as elevated signs are received. The request was granted and Mr. Burns instructed -to have the signs painted as soon as possible., Upon motion of Mr. Emery, seconded. by Mr. Street Driscoll, it.was voted to authorize the Chair- Lights man of the Board to settle all future requests & for street lights and street signs with the. Signs Superintendent of Public Works. Letters were received from the U. S. Army Water & Engineers -in reference to -water end sewer services Sewer for for the"A.F. Bedford Research Center. Army Project Mr. Burns said that supplying the water is ts.irly simple. The only question in hid mind -is the rate which he thought would'be the same as the Bedford Hospital rate. The Board felt that the same rates could be used for the Army providing a clause is included to increase the. rates if the Town has to pay more. Mr. Burns referred to the communication relative to the sewer and explained that he is working on this project now to determine if existing facilities can be -used. He said that he would like to -have two more Weeks time, and it wee agreed that a letter should be written to the Army Engineers advising that this project will take considerable study which will require three or four weeks time. . Mr. Converse Hill met with the Board at 8:10 P.M. The Chairman explained that he had invited Mr. Hill to meet with the Board to repeat what he had told him about the insurance problem and how his'fi.rm is handling insurance. Be explained that Mr. -Bill was not present to try and sell his firm; but merely at the request of the Chairman. Mr. Hill said that at the present time there are a nu*ber of agents participating in the Town's insurance and he thought there -were about twenty- five. There are sixty pelieies. Every time a policy has to be changed it necessitates con- siderable trouble and work in the Public Works Office. If any money is changed, collections must be made Prom each Agent and there might be fifty bookkeeping transactions. Be explained that the fire schedule causes trouble because when an amount -is changed every policy has --to be changed and every agent for Lexington has a - certaJ,n amount of insurance allocated to him. Mr. Hill informed the Board that his company handles the insurance for Rockland, Belmont, Arlington and Winchester. He"explained that by - having an insurance company handle the insurance, many small. -expenses such'as printing the forms, etc.. are saved the towns. Be said very definitely that he is not look- ing for the town's business and that he would be glad'to do it for nothing more or leas as a civic duty. He explained that his company can do it because it wholesales and retails. The Chairmen -said that Brewer & Lord is organized with the -experts, clerical help, etc:, that do this work and the ideal arran$ement from a business standpoint would be to deal with one firm. on the three and a half or four million dollars worth of fire insurance the Town has and clear with that firm on details. Be said that it would mean that no local insurance agent would receive any less money that he receives now. 33 Water and Sewer for Army project Insurance 34 Insurance Mr. -Hill explained that there are one or two agents who write their oft policies and receive. a little more than agents -who do not. He said that his firm has 4800,000 insurance at the present time. He would be willing, if the Board wants to, to throw all the commission in so that everyone would participate in his percentage --of the 4800,000. The Chairman said that his idea was to discuss this matter with Mr. Hill and if he is willing to do the job, he will do all the work and the Board would tell him what percentage it' wanted to all- ocate to the various agents. The -Town would then be dealing with one. company and not have from 60 to 100 policies. Mr. Hill -said that he would suggest five good companies and have it all in five. He said that at the end of the year the Board would have to decide who le to receive the commission. • Mr. Emery asked ifanyone would receive less commission than he now receives and Mr. Hill replied that those who write their own policies would receive 5% leas. Mr. Stevens asked if the arrangement would be an oral agreement and Mr. Hill replied that he would like to have something from the Selectmen telling him what to do. Mr. Stevens asked how he handled the other towns and he replied that they have a gentlemen's agreement. Mr. Gay asked when a change in handling the insurance would begin and Mr. Hill replied that there are no policies expiring until next July. Mr. Driscoll asked if Mr. Hill insured any towns for property damage -and he replied that he does not know if it is customary to carry insurance on equipment, but he thought some towns do The Chairman read a -bulletin from the Massachu- setts Selectmen's Association_ relative' to proposed legislation to extend Workmen's Compensation coverage to firemen and policemen' and asked if Mr. Hill had an opinion on the subject. Mr. Hill said that -if someone working for the Town is killed the Town will pay them in accordance to the law, a fixed Polley, and there will be no sympathy contained in it. He said that personally he would be- in favor of such a bill. The Chairman asked -if the cost would be terrific and Mr. Hill replied that he did not know that it would be, as the rates are classed by towns all over the State. Mr. Hill retired at 8:35 CC 1 The Chairman reported -that $10 is needed in the Elections Account to pay for renewing the Postal Mailing Permit #3011 and $375 in the Selectmen's Expenses Account. The -shortage in the latter being due to the following unforeseen expenditures that were not included in the budget. Civil Service -Bulletin $192.90 Reprints of Bulletin 68,40 Advertising Zoning -By-laws 573,30 Jury Forms 10.01 Upon, motion of Mr. Emery,.seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer the sum of $10 -from the Reserve Fund to the Elections Account -Jurisdiction of Selectmen, and $375 from the Reserve Fund to the Selectmen's Expenses Account. The applications for licenses for retail package stores by William E. Phillips and John James Phillips and Frank G. O'Neil were taken up and discussed. Upon motion duly made and seconded it was unanimously voted to reject the aforesaid applications as in the opinion of the Selectmen the present three retail package stores are adequate in number and location to -meet the reasonable demand of the public for places at which they may obtain alcoholic beverages. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to certify statement of expenditures of the cost of Chapter 90 contract #12964. Petition requesting catch basins on Prospect Hill Road was held over. -The Chairman explained that Mr. Burns had discussed this subject with the State and it will be many months before the State has a solution to the problem. Letter from Samuel F. Parker relative to the draining of street surface water from Lowell Street onto property owned by Carmine Massimilla, 108 Bow Street, was noted and placed on file. Letter was received from Mt. -Edwin B. Worthen advising that on October 17, 1951, there was on Public deposit at the Lexington Savings -Bank, under Trustees Trusts of Public Trusts, Cemetery Funds, a total principal of $30,185.00, represented by 228 separate accounts. Mr. Burns and Mr. Stevens retired at 9:25 P.Y. Mr. Joseph J. Sheehan's offer of $400 for lots 243-258 Asbury Street was held over for another week. Letter was received from Paul A, Hoyte, -2520 Mass. Avenue, offering $500 for Lot 5 Mass. Avenue, adjacent to his house. Transfer Liquor Lioenses Chapter 90 Drainage Drainage Tax Title Tax Title 38 Letter was received from A.,.J. Bachelder, 2526 Tax Massachusetts Avenue, offering 4500 for Lot 4 Mass. Title Avenue, adjacent to his house. Mr. Driscoll moved that a proposal to sell the lots be advertised in-the.Lexington Minute -Man and that further consideration -be -given the offers at the next meeting of the Board Mr. Gay, seconded the motion and it was so voted. Upon motion of Mr. Gay,.seconded by Mr. Driscoll, it was voted to grant the following uses of halls free of charge: Use of Hall Lex. Community Concert Cary Hall Dec. 29th musical n a s Mar. 13th n Upon motion of Mr. Driscoll, seconded by Mr. Gay, License it was voted to grant application:- received from the Lexington Theatre, Inc., for a Sunday.Movie Licaase. The Chairman informed the Board that Charles Durkin, who Was granted a public --carriage license last week, called the Selectmen's" Office and -re - Taxi quested permission to operate a taxi stand on- Stand Waltham Street at the so -called -Aldrich Block. The Chief of Police is not in favor of the location from a parking viewpoint. Upon -motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to deny the request. Upon motion of Mr. Emery, seconded by Mr. Gay, itywas voted to request -bids for printing 500 copies of the 1951 Town Report, bids -to be received not later than 5:00 P.M. on Monday, November 19, 1951. Tho meeting adjourned at 9:50 P.M. A true record, Attest: 1 1 SELECTMEN'S MEETING November 5, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, November 5, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. -Emery, Gay,Drisooll and Hoyt were present. Mr. Burns-, Suplt of Public Works, and the Clerk were also present. Mr. Burns reported that he had received five bids for coal, the three low bidders sub- mitting quotations as follows: Snyder Fuel Corporation 412.45 Robert Fawcett & Son 12.93 Lexington Coal Company 13.14 He explained that the figuresamount to about 4100 more from Fawcett and 450 plus from Lexington Coal Company for the same quality coal. He said that he would like to check .with Snyder to find out whether or not they will keep the Town supplied without it being necessary to call. Mr. Emery asked about the quantity of Coal coal being discussed and Mr. Burns replied • Bids 1200 tons. The Chairman asked if the Board wanted Mr. Burns to check the service rendered by Snyder as compared with the other bidders and if he is convinced that the service and coal is the same, to award the bid to the low bidder, otherwise bring the subject up again next week. Mr. Emery expressed the opinion that for the sake of protection it might be well to have two supplies. Mr. Burns agreed to obtain further'inform- ation and report to the Board next week. 35 Early morning street lighting was con- sidered and upon motion of Mr. Emery, seconded Early by'Mr. Gay, it was voted to authorize Mr. Burns Morning to make the necessary arrangements to have the Lighting lights turned on one-half jaour before sunrise, but not earlier than 6:Q0 A.M. Letters were received from the Arlington Gas .Light Company requesting approval of pro- posed location of steel8 as mains in Vine and •aas Main Cedar Streetsfor the purpose of supplying gas Locations service to new homes. Mr. Burns reported that he went over the proposed location and would like to have them located as far off the pave- ment as possible. 36 Upon motion duly made and seconded, it was voted to approve the following proposed steel gas main locations. Cedar Street 110' of 6e Vine Street 750' of 21° Petition, three copies of an Order'and Pole plan were received from the Boston Edison Locations Company and the New England Telephone & Telegraph Company for joint or identical pole locations on Concord Avenue, approximately 175 feet southeast of Benjamin Road, and southeasterly from a point approximately 20 feet southeast of Field Road. Mr. Burns informed the Board that he would like to obtain more information about the pro- posed locations before making any recommendation. Action;pas, therefore, held over for one week. The -Chairman read a -letter from Eddie ..Saulnier,-42 Silk Street, Arlington requesting the extension of a surer main to servicea house which he intends to build on Lot A, Burlington Street. Upon motion of Mr. finery, seconded by Mr. Gay, it was voted to advise Mr. Saulnier that his request would be placed on file for' consideration at some future time.. Johnson Claim Mr. Stevens letter of October 19, 1951 're Ernest B. Johnson, Jr. vs Board of Selectmen was held over from previous meetings. The Chairman reported that he and Mr. Emery had viewed the property and it is their opinion that before Route 128 was constructed, the Lots were of some value and should have stood a betterment assessment but as Route 128 goes across, they do not merit a betterment assessment now. They felt that Mr.'Johnson should have collected from the State, but he didn't. Mr. Emery said that he would not be in favor of this on its merits unless Town Counsel has other reasont for favoring it. When Mr. Stevens arrived at the meeting he explained that he wrote his letter based on the fact that the land was not buildable. Be asked if the Board felt that the land on which an abatement had been granted was different then the land in question -and the Chairman replied in the affirmative. Mr. Stevens said that the State would testify that it was not buildable when they looked at it and further said that it is not a good case to try. 1 1 1 1 1 39 It was agreed that Mr. Stevens should try to arrange a conference with Johnson, his attorney, Mr. Burns and Mr. Emery to re- open negotiations. Messrs. Burns and Stevens retired at 7:55 P.M. Chief Rycroft met with the Board. The Chairman read a letter from the Chief registering a complaint against Officer Dooley for neglect of duty. Chief Rycroft informed the Board that a eall had been received at 5:2O P.M. that a women had been struck at a crossing in the center and received a broken arm. The Officer had left the crossing before 5:30 P.M.:and should have been there until that time, Be said -that it was a bad night and raining at the time, and it is not known what caused the accident, but if the Officer had been on duty the accident may not have occurred. Mr. Gay inquired as to where the Officer went and the Chief replied that he did not know. • The Chairman said that this is the first time since he has been on the Board that there has been any question of disciplinary action. The Chief stated that he has always taken care of such incidents himself, but that he had warned his men what would happen. Mr. Emery inquired as to whether or not Town Counsel should be present and Mr. Gay asked how long the Officer has been on the Police foree. The Chief replied that he has been °Meer in the Department about two years. Charge Mr. Driscoll said that in view of the - criticisms about the young Police Officers, the Board should see that this is Clarified and the necessary punishment given. The Chief explained that this is the Officer's first offense, that he was recently married and -he would not want to see him hurt financially. He therefore recommended that he lose three days off within a period of two months. Mi. Gay asked if the proposal -would be better than extra duty and the Chief replied in the affirmative stating that he will have to go fourteen days before he has a day off. In this way he will not be affected financially. He said that the fact the incident has bean brought to the Board's attention will have some affect on the other men and that whatever action the Board takes will be all right as far as he is concerned. 40 Mr. Hoyt moved in favor of the Chief's recommendation but Mr. Emery said that he would prefer to discuss the subject further and Mr. Hoyt withdrew his motion. The Chief said he thought the Officer should be'notified and have a hearing before Police the Board. He said that all he can do is to Officer write the Board. Charge • Mr. Finery said that he is in favor of supporting the Chief, but he would like to think about the matter before making a decision. Mr. Stevens returned to the meeting at 8:05 P.M. and the Chairman explained the situation to him. He said that he could not make any definite statement but would look into it and advise the Board as to the correct procedure. Certifications on the Board's requisition for two permanent Police Lieutenants and two permanent.Poliee Sergeants were received tram Sergeant & the Division of Civil Service. Lieutenant Mr. Emery raided the question as to whether Appointments or not appointing one Officer first would give him seniority and the Chief was requested to Obtain the answer from -Civil Service. The appointments, therfore, were held over for another week. The Chairman referred to the position of Sergeant and asked if the Chief had any re- commendation. He replied that he has not changed his opinion in regard to the top man. He said that the Officer is having marital trouble and is in arrears on his alimony payments. He would like to be able to recommend him for pronation because he needs the additional money, but when there was extra duty work on the highway con- struction he refused to take it. He said that he is not a good leader of men and does not have any initiative. The Chairman recalled, with reference to a previous Sergeant examination, that the Chief had made the statement. that if thie.particular Officer was top man again that he supposed he would have to be recognized. He asked ii', in vie* of this, the Chief recommended not appointing him, The Chief admitted the statement but said that he has not changed his mind as to his qualifications. Chief Rycroft retired at 8:15 P.M. Messrs. Burns, Baskin and Comeau met with the Board. Mr. Baskin presented a sketeh and ex- plained what he proposes to do sometime With his land from Williams Road to Route 128. Mr. Burns referred to the town drainage problem and explained that he had talked to Mr. Baskin about going down Williams Rowd, turning down Gleason and piping a portion of the drain until something was done, and it would run as an open ditch down to where it will dump off. He said the only question that arose was that Baskin wanted some consideration for future drainage if and when he builds the road and some contribution to take care of drainage in Blake Road. The Chairman asked if herwas requesting two considerations and Mr. Burns replied in the affirmative. Mr. Baskin said he thought that some of this land should be deeded to the Town for drainage purposes and then there will always be a place to dump the water that no one can question. The Chairman asked Mr. Baskin to explain what he meant by a contribution and Mr. Baakin replied one-half. The Chairman asked about the other end and Mr..Baskin said that should be the Town's problem, because the water has to be dumped somewhere. He said that he spent $2146 to build Williams Road and it is all washed away now. He said at one time the Chairman of the Board told him there were= funds available and asked him to let the matter go for th time being. Since then there has been a sewer betterment levied against the property in the amount of $1550, and it was verbally promised to be withheld, He said that the low land does not mean much to'him but it is assessed for $1,000 and he will deed it to the Town. .Mr. Burns said that he is in a position now of having to get the water out of Gleason Road and asked if he could have it run into Baskin's field and Mr. Baskin replied in the affirmative, for the time being. He said that he can't afford to develop the area at present and doesn't know when he will but suggested that the Board be prepared in the event he changes his mind. The Chairman explained that there are so many items to be considered in the 1952 budget that the Board would welcome'anything that -can be deferred for another year. Mr. Baskin said that he mai* do Williams Road in the Spring but the rest of -the development won't be done for possibly two years. 41 Baskin re; drainage 42 Mr. Burne asked if he would give tate• Town an easement on Williams Road and Gleason Road to allow the water to spill en his land where - ever he may designate and Mr. Baskin replied that he would give an easement to do anything Mr. Burns wants and further that he can dump the water any place he wants. Mr. Emery asked if he meant a written easement and Mr. Baskin said that he would give the Board whatever it needed. The Chairman then referred to the East Street claim and Mr: Baskin said that there was a piece of land, formerly owned by Porter Bros. & Wilson taken for the school building which was supposed to have been sold back to him. The Chairman explained that the Board, on as good advice as it could obtain, asked Town - Meeting last March for $3,000 to take care of the damages on East Street, and believed this sum was sufficient. However, it now appears not to be enough because the people want more money than is available. He said thatif the item .of a piece of land is something that the Board can do to help him build out a lot, he thought everyone on the Board would be willing to look into it to see Baskin re; if there has been some breach of promise. East Street Mr. Baskin said at the time there were Claims eleven acres, more or less, and a small piece was to go to him. W. Emery said that he recalled some such discussion and if it was not followed through it was because of an oversight, and there wait no intention of avoiding an agreement. Mr. Baskin said that he thought his price on East Street was reasonable and when his attorney advised him that the Board thought it was high he told'him to double the figure. He did say, -however, that he did not want to go to court. The Chairman asked if Mr. Baskin would give the matter of East Street some further thought and then get in touch with the Board. He replied in the affirmative -and said that he thought he and the Board could reach an agreement. Heretiredat 9:00 P.M. Mr. Worthen's letter, dated October 16, 1951 with reference to the condition of the inscription on the ancient monument at the Common was held over from previous meetings. 43 The Chairman reported that it Will be quite expensive to make satisfactory repairs Ancient The possibility of requesting a transfer was Monument discussed and -it was finally agreed t.o include Repairs an item in the 1952 budget. Letter,. together with a photostatic copy of the sewerage bill, Chapter 757 of the Acts of 1951, was received from Town Counsel. Letter was received from the Chamber of Commerce requesting the Board to eliminate Parking enforcement of parking meters after 6:00 P.M. Meters on Friday nights during the month of December. - Upon motion of Mr. Beery, seconded by Mr. Gay, it was voted to grant the request. Letter was received from the Alcoholic Beverages Control Commission advising that an appeal has been received from William E. and John James Phillips. The .Board gave further. consideration to Mr. Paul A. Hoyt's offer of $500 for Lot 5, Massachusetts Avenue, Lexington. A proposal t.o sell this lot was advertised in the November Tax Title 1, 1951 issue of the.Lexington Minute -Man. No Property persons contacted the Selectmen's Office as a result of the advertisement: Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to sell and convey Lot 5, Massachusetts Avenue, Lexington to Paul A.. Hoyt. The Board gave further consideration to Mr. A. J. Bachelder's offer of $500 for Lot 4, Massachusetts Avenue., Lexington. A proposal Tax Title to sell this lot was advertised in the November Property 1, 1951 issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Gay, seconded by Mr. . Emery, it was voted to sell and convey Lot 4, Massachusetts Avenue, Lexington to A. J. Bachelder. Further consideration was given to Mr. Joseph J. Sheehan's offer -of $400 for Lots 243 Tax Title through 258 Asbury Street. - Property Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to entertain an offer of $1,000. -Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was -voted to grant the Lexington License Theatre, Inc. Sunday Movie License. 44 Uses of Halls Richard F. Jackson Conference Room, 4-H .meeting November 27, 1951 League of Women Voters Estabrook Hall, meeting January 7, 1952 Application was received from Brandeis University requesting the use of Cary Hall for a dance on December 14th. Letter was received from Dr. Harrington with reference to the Board's denial of a request received from the Belmont Hill School for permission to conduct a dramatic performance in Cary Hall. The Board was unanimously opposed to granting permission to organizations outside of the Town for the use of Cary Building. Both requests were,therefore, denied. Report of .the Police Department for the month of October was noted and placed on file. Request was received from the Lexington Paper Boy's Club for permission to conduct a Paper Drive Drive on Sunday, November 18th. Upon motion of Mr. Eatery, seconded by Mr. Hoyt,it was voted to grant the request. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to close the Town OffiCe Building on Saturday, November 10th and -Monday, November 12th, Armistice Day being Sunday. The meeting adjourned at 9:30 P.M. The Chairman of the Bedford Board of Selectmen, five members of the Bedford Sewer Commission, Bedford Town Counsel, two engineers, representixig Thomas Worcester, Inc., Mr. Burns Sup't of Public Works and Mr. Stevena, Town Counsel, met with the Board and discussed the matter of sewage disposal by the Town of Bedford. No definite conclusion was reached other than that the meeting will be bald on Thursday of this week by all the interested parties in an endeavor to reach a conclusion. Upon motion duly made and seconded, it was vo-ted to grant the following uses of halls: A true record, Attest: • ; k 1 SELECTMENt3 MEETING November 13, 1951 45 £ regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Tuesday evening, November 13, 1951 at 7:00 P:M. Chairman Nickerson, Messrs. Finery, Gay, Driscoll and Hoyt were present. Mr. Burns,,Sup't of Public Works, and the Clerk were also present. The meeting was held on Tuesday due to the fact that Monday was a legal holiday. Mr. Burns brought up the subject of coal bids and reported that the situation is the same as last week. Snyder will deliver at the convenience of the Town. Mr. Driscoll inquired as to how much money was involved, between the bids, in a season and Mr. Burns replied $150. Mr. Emery asked if Snyder's bid was good for -all or any part and Mr. Burns replied that the tonnage given was the only basis. Mr Finery mentioned that the Board has always tried to protect the local bidders, but if the Board keeps on indefinitely disregarding the low bidder, it may be that there will be no Coal •bids, and asked how the Board felt about split- Bids ting the bid. Mr. Driscoll was agreeable but Mr. Hoyt said that if Lexington Coal Company -were second, he would be inclined to give the business t� them because the business is in Town, but under the eiroumstances he would be -inclined to give the entire business to Snyder. The Chairman said that if the bids are all on one type of coal, the Board might just as well accept the low bid. Mr. Finery asked if there was any danger in having only one source of supply and the Chair- man replied in the negative. Mr. Emery suggested placing an order for 2/3 of the supply -with Snyder and 1/3 with Fawcett. However, Mr. Hoyt moved that the contract be awarded to the Snyder Fuel Company. Mr. Driscoll seconded the motion, and it was unanimously voted. Petition was received from the Boston -Edison Company and the New England Telephone Pole & Telegraph Company for -permission to locate Locations poles on Concord Avenue, both locations having been approved by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to approve the following jointly -owned pole locations and sign the order: 4 r Transfer Insurance Concord Avenue - Two poles, south easterly from a point approximately 20 feet southeast of Field Road. Concord Avenue - One pole, south easterly from a point approximately 175 feet southeast.of Benjamin.Road. Letter was received from John F. MacNeil, 117 Shade Street, stating that he wishes to be on record for having notified the Town of the hazardous eonditions on Shade Street. The Chairman informed the Board that he had a call from Mr. Burns last week and Mr. Burns told him that funds in his -Water Services Account are very low. He has $1,000 left and had requested $5,000. He asked whatsum the Board would ask the Appropriation Committee to transfer and Mr. Emery suggested $2500 and asked Mr. Burns if he could separate the hardship cases from the speculative cases. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer the sum of $2500 from the Reserve Fund to the Water Services Account. Mr. Burns said that he would. like to have it recorded that he has requested $5,090 but is willing to try with $2500. Letter was received from Tracey W. Ames expressing appreciation for additional fire insurance business. The Chairman referred to Mr. Converse Hill's visit with the Board two Weeks ago and asked if the Board were ready to make some decision -as to how the fire insurance is to be handled. Mr. Hoyt stated that he would be governed by the feeling of the insurance company and Mr. Driscoll was concerned because he felt the agents who now write their own policies would lose 5%. ,The Chairman explained that the object was not to take insurance away from any agent, but to relieve the Public Works Department of the problem of handling the -policies. The subject was discussed at length and the Chairman suggested having Mr. Hill advise the Board in writing just. how the change should be. made. The Board authorized the Chairman to solicit such a letter. 1 1 47 Letter was received from John A. Sharkey offering 425 each for Lots 22,35, and 46 Tax Title Hillcrest Street. Water betterment assessments Property on these lots total *328.65 and the- offer was rejected. . Mr. Burns recommended construction of Hillcrest Street as a 1952 project and the Board suggested that it be included in the 1952 budget. Letters were received from the Alcoholic Beverages Control Commission informing the Board that &hearing will be held on the appeal of Bryant, Phillips, Breslin, Connors and Viano at 10:00 A.M. Monday, November 19th. The letter, addressed to the Board requested that the members be present and all evidence Which relates in any way to the appeals be presented. At 8:00 P.M. Messrs. Stanley and Alex Roketenetz met with the Board. A.B.C. Hearings The Chairman explained that Mr. Roketenetz, Sr. had called at his office and discussed conditions which make it necessary for him to request more money for garbage collection. His son also conferred with him and subsequently wrote a letter. He explained that they are dim- turbed about the fact that they are losing money on the contract and the Board is disturbed about the number of complaints - Mr. Roketenetz stated that his problem is with labor and this is not the type of job to interest good help. He said that the amount of the contract limits the amount of money that can be paid to the -help. They have been paying the men 445 a week. During the last two months it has been impossible to get help and during the summer they have not had six men employed con- tinuously. Since April, they have had about Garbage 35 different employees. The men all want more Collection money. and at the present time are being paid 460 a week. He explainedthat it has cost 431 a month for advertising for --labor and about 41200 a month for help. When theyhave not been able to hire men, they have -taken men off the farm. He said that the trucks cost about $150 per montk and insurance is about 135 per month. - They also have bookkeeping, social security, supervision, -advertising, buckets. He said that it is not hia.idea to try and build the cost up. 48 Ga age Collection Dooley Neglect of Duty They have tried to give thorough collection but the labor problem is serious and there hasn't been enough garbage in Lexington to offset the difference, He said that many of the complaints are a result of new help. The Chairman said that he had told Mr. Roketenetz, Sr. that as far as the contract for the first year is concerned, there is nothing the Board can do inasmuch as the only way to obtain more money is to call a Special Town Meeting. He said that the Board would give their problem all due consideration. Mr. Roketenetz said that they will try to do the best they can this year, but would like, if possible, to have an increase for next year. Mr. Gay asked if *60 per week would hold his help and Mr. Rotetenetz replied that itis difficult to say as the labor shortage is acute. The Chairman asked them to give. the Town good service and said that the Board will be in touch with them after considering the matter. Mr. Roketenetz said that.. they will give as good service as possible. Messrs. Roketenetz and Burns retired at 8:35 P.M. Chief John W. Rycroft and Officer William G. Dooley met with the Board, at the Board's ' request, relative to a charge of neglect of duty preferred against Officer Dooley by Chief Rycroft. Following an informal hearing, the following action was taken by the Board. Voted: That Officer William G. Dooley be and hereby is found guilty of the charge of_:Neglect of Duty in that on. Friday, November 2, 1951, after he had been duly assigned traffics duty at the pedestrian crossing -on Massachusetts Avenue, Lexington, known as the Theater Crossing, between the hours of 4:20 P.M. and 5:30 P.M. he left said. crossing before 5:30 P.M. contrary to the orders -issued by the Chief of Police. Voted: That Officer William G. Dooley perform ,g hours of punish:met duty, the same to be performed at .such times as may be designated by the Chief of Police. The Chief and Officer Dooley retired at 8:55 P.M. 1 • Further• consideration was given to the appointment of two Sergeants to the Police Department. • Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was unanimously voted to appoint James F. Corr, Jr. and John A. Russell as Sergeants to the Lexington Police Department, effective December 1; 1951 at the rate of $70.42 per week. Further consideration was given to the appointment of two Lieutenants to the Pollee Department. Upon motion of Mr. Gay, seconded by Mr. Emery, it was unanimously voted to appoint Forest Knapp and George E. Smith as Lieutenants to the Lexington Police Department,'eff ective December 1, 1951• at the rate of $74.27 per week. The Chairman reported, for the records, that at a special meeting held last Thursday evening Chief Rycroft requested two full-time patrolmen, two lady police officers and a - full-time stenographer. Upon motion duly made and seconded it was voted to grant the following licenses: Lex. Theatre, Inc. 1794 Mass, Ave. Sun. Movies Lex. Liquor Mart, Inc. 1849 Mass. Ave. Package Goods Store (Approval of transfer from John J. Rudd t� Lexington Liquor Mart, Inc. received from A,B.C.• dated November 8, 1951). Establishment of fee for 1952 Package Goods Store License was held over from last meeting. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was unanimously voted to establish the fee for 1952 at $1500. Request was received from Charles Allen, on behalf of the Chamber of Commerce, request- ing permission to attach Christmas lights to the Edison poles and to broadcast Christmas carols. The Board had no objection providing the Boston Edison Company approved use of the poles and providing only appropriate Christmas music is broadcast with no commercials. 49 Sergeants Appointed Lieutenants Appointed Police Dept. Personnel Licenses Liquor Fee Permit 50 Request was -received Prom Mr. Donald D. Hathaway, on behalf of the Lexington Taxpayers' Use of Association, for permission to conduct a meeting Hall in Cary Hall on December 4th from 8:00 P.M. until 10:00 P.M. for the purpose of discussing proposed housing facilities in connection with expanding activity at Bedford Airport. Bide were received for printing the 1951 Annual Town Report as follows: Acme Printing Company Everett, Massachusetts 509 copies at $6.50 per page Bids 100 additional copies of the School Department and 100 additional copies of the Town Accountant reports at $1.00 per page. Somerville -Printing Company Somerville, Massachusetts Upon motion of Mr. Driscoll, seconded by Mr. IIiery, it was voted to accept the bid sub- mitted by Somerville Printing Company. The meeting adjourned at 10:35 P.M. 1 SrLECTMENI8 MEETING November 20. 1951 A regular meeting of the Board of Select- men was held in -the Selectmen's Room, Town Office Building, on Tuesday evening, November 20, 1951 at 7:00 P.M. Chairman Nickerson, Messrs. Pinery, Gay and Hoyt were present. The Clerk was also present. Chief Rycroft, Lieutenants Knapp and Smith, Sergeants Corr, and Russell met with the Board. The Chairman said that the group had been invited in this evening for a few minutes just to sit down with the Board at the start of their new duties. Be stated that the Board had two reasons for inviting them in. The first, to congratulate officially the two new Lieutenants and Sergeants, and the second, to congratulate the Chief because the Board feels that he has now a completely officered force which he never had before. He said that the Board hopes the promoted,officers will assume their new ranks with the serious intention -of making themselves examples to the patrolmen, wad the Board knew that they would. He said that, the Board knew, without being unduly officious, the officers could help the Chief correct some -of the conditions which exist in the force. The Chairman explained that the Board has complained to the Chief several times about the matters of dress and conduct and feel that now he will have the help to enable him to improve the appearance and action of the force. He thanked the group for coming in -and wished them success in their new positions. The group with the exception of the Chief, retired at 7:15 P.M. The Chairman referred to a conversation he had with the Chief this afternoon and said that the subject will be considered by the Beard, but no decision has been made now be- cause the matter has more than one part. He said that the Board is aware of the timing and that December first is coming up fast. Mr. Hoyt asked if this business of a Clerk becomes apart of the schedule worked out for the five-day week and the Chief replied that it does very much so. 51 New Officers Police Dept. Clerk for Pollee Dept. 52 Mr. Gay asked if he had any fear of having a female Clerk and the Chief replied that -it is not as ideal as it would be to have a man, but he does not have any fear of it. Mr. Hoyt inquired as to the hours and the Chief replied that they would be from nine until five. Mr. Ehery asked if the Clerk would be on a five day week and the Chief replied in the affirmative. Chief Rycroft retired at 7:20 P.M. and Mr. Burns met with the Board. Letter was received from Thomas C. & Edith J. Morris in regard to a sewer betterment assess- ment levied against Lot # 16 Lexington Avenue in the amount of• $293.36. The.Morrises claim Morris that they are now connected with the sewer on Assessment Robbins Road and have paid that assessment in Abated full. - Mr. Burns explained that an error had been made in billing them for the Lexington Avenue sewer and that their request for abatement is justified. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to abate the entire sewer assessment in the amount of $293.36,. levied against Lot #16, Lexington Avenue. Letter was received from the State Chapter 90 Department of Public Works advising that the work done by the Town in the maintenance of Chapter 90 roads has been approved. Letter was received from the State Department of Public Works together with a signed copy of Contract No. 13369 covering the work to be done on Paul Revere Road. Letter was received from the Middlesex County Commissioners together with petition for relocation and specific repairs on Concord -Avenue. Mr. Burns explained that this is one of four projects that -he presented at a Chapter 90 meeting and inasmuch as he has not heard anything, it appears that the Commissioners have just decided to-do Coneord Avenue without consulting him.- He said that Concord Avenue was relocated in 1945 or 1946 and -he will have to -talk to either Mr. Hatch or Mr. Sabin on this. • The Chairman suggested, and the Board agreed that Mr. Burns should contact the County Commissioners and discuss the matter with them. 1 53 Mr. Chapin's request for clerical assistance was discussed briefly with Mr. Vet's Burns, but no decision was made. .Agent Mr. Burns reported that it will be necessary to go into the rear of Fddr Oaks Drive to complete the sewer in Fair Oaks Terrace. In payment for an easement, Mr. Zaner wants a hot -top drive which will cost approximately $130. Mr. Burns said that he will either have to pay him, make a taking, Zaner or go up through Fair Oaks Drive through 15 Basement feet of ledge. He said that he definitely Fair Oaks does not want to have anything to do with Drive building a hot -top drive but would recommend settling for *130. • Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to authorize Mr. Burns to pay $130 for the easement providing it meets with the approval of the Town Counsel. It was decided to meet with Mr. Burns'on Saturday morning for the purpose of discussing proposed 1952 projects. Mr. Burns retired at 7:50 P.M. The Chairman read a letter from Mr. Carroll informing the Board that John A. Resignation. Russell has resigned as Dog Officer. • of Dog Upon motion of Mr. Euery, seconded by Officer Mr. Gay, it was voted to accept the resign- ation.. The Chairman read a letter from James F. Mowat stating that he would appreciate any consideration the Board might give him as Dog Officer to replace Officer Russell. Appointment Upon motion of Mr. Finery, seconded by of Dog Mr. Gay, it was voted to appoint James F. Officer Mowat as Dog Officer in the Town of Lexington for an unexpired term effective immediately, ending March 31, 1952, to fill the vacancy caused by the resignation of Officer Russell. Mr. Emery retired at 7:55 P.M. Mr. Toros Bashian.met with the Board and presented a plan entitled "A Compiled Plan of Land in Lexington, Mass., Scale 1"•= 40' October 19, 1951, Albert A. Miller; Wilbur C. Nylander, Civil Engrs. & Surveyors, Lexington, Mass." He stated that Old Wood Street has been taken away and closed to the Public and also to him. 54 Be said that he has been paying taxes.on this land -(between Old Wood Street and new Wood Street) and has a right-ofway easement from the State. He then stated that he cannot go into Old Wood Street. He Said_that when Wood Street was widened for the airport he gave ten feet for road pwrposes and if that road is t© be abandoned he wants the ten feet returned. The Chairman asked if he meant that he is claiming the return of ten feet from the ledge out to Massachusetts Avenue and he replied that he wants the entire area of 365 feet. The Chairman said that the Board will have to study the matter before discussing it further, and stated that apparently that Mr. Bashian wants is to get a certain strip of land, ten feet wide, which he previously owned, returned to him Mr. Bashian asked what was to be done about the Old Burying Ground. Mr. Hoyt asked if he paid taxes on it and he replied that he is not positive, but he has claimed it as his for over twenty years. Mr. Gay asked if he wanted the Town to give him something to. show that the Old Burying Ground belongs to him and he replied in the. affirmative. Mr. Bashian then said that the State put a culvert in Route 2-A and the bank that was supported by the culvert slid down, closed • the culvert causing a flood on his land. The Chairman asked if Mr. Bashian had settled with the State and he replied in the negative. The Chairman explained that Mr. Bashian apparently has a claim for damages against the State. Mr. Bashian retired at 8:25 P.M. and Mr. Stevens met with the Board. The -Chairman read a letter from William 0. Wiles, 176 Burlington Street, with reference to a water betterment assessment levied against Water his property, a portion -of which was taken by Betterment the State for Route 128. Before the State will Assessment settle he must pay the assessment in full or obtain a release from the Town - Mr. Stevens explained that the release would only cover that portion of land.taken by the State. He stated the Board could release that land from the lien, but continue the lien on the remaining land. 1 Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to sign instrument of partial release of land from water betterment assessments; said land being that portion taken by the State for construction of Route 128 and formerly owned by William 0. Wiles. Letter was received from Frederick J. Hopwood, 172 Burlington Street, with reference to a water betterment assessment levied against his property, a portion of which was taken by the State for. Route 128. Before the State will settle, he must pay the assessment in full or obtain a.release from the Town. Mr. Stevens explained that this is the same as the above. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to sign instrument of partial release of land from water betterment assessments; said land being that portion taken by the State for construction of Route 128 and formerly owned by Frederick J. Hopwood. Mr.. Stevens retired at 9:10 P.M. -Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to sign Certificate of Incorporation on behalf of Roland B. Greeley. Letters were received from Mr. Carroll advising that Donald T. Clark has resigned as a member of the Assessment Study Committee and the appointment of Fred C. Newhall to take his place. The Chairman informed the Board that Mr. Carroll had made inquiry relative to his request for a transfer of $500 from the Reserve Fund and the Chairman had asked him for a specific amount needed which Mr. Carroll advised.him is $406.43. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to recommend a transfer of $406.43 from the Reserve Fund to the Town Clerk & Treasurer's Personal Services Account, and further to advise the Appropriation Committee that some proper provision should be made in 1952 to cover the cost of counting and wrapping money collected in parking meters. Letter was received from the Lexington Chamber of Commerce requesting permission to cover all parking meters with paper bags Parking advertising the fact that parking, at the Meters time stated, is free on Friday nights in December prior to the holiday. The organization will assume the responsibility of installing and removing the bags each Friday night. 55 Cert. of Inc. Transfer 56 The Chairman reported that he has checked with the Chief of Police and there apparently is no objection. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve the request. Letter was received from Donald K. Irwin, Chairman of the Committee appointed to study the Building and Plumbing By-laws, requesting advice as to how the money may be made available to pay for clerical help in typing the proposed• revisions. The Chairman was authorized to contact Mr. Irwin and discussthe matter with him. Approval was received from the Division Police of Civil Service of the recent appointments made by the Board to positions of Sergeants and Lieutenants in the Police Department. Application was received from the Lexington Club requesting permission to Use of conduct a Children's Christmas Party in Hall Cary Hall. on December 22nd from 1:00 until 5:00 P.M. Upon motion duly made and seconded it was voted to grant the use of the hall free of charge. Application was received from the Lex- ington Boy Scouts for permission to conduct a Band Concert in Cary Hall on November 30th Use of from 6:30 to 11:00 P.M., to which an admis- Hall sion will be charged. Upon motion duly made and seconded it was voted to grant the use of the hall subject to a charge of $$5,00. Upon motion duly made and seconded, it was voted to grant the following licenses: Lex. Theatre, Inc. 1794.Mass. Ave. Sun. Movies Joseph Trani, Inc. 1757 Mass. Ave. Package Goods Store The meeting adjourned at 9:55 P.M. A true record, Attest: Licenses 1 SELECTMEN'S MEETING November 26, 1951 ' A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, November 26, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of three jurors, The following individuals were drawn for jury duty; Walter Baird, Physicist, 14 Percy Road. J. Everett Cumming, Electrician, 20 Vaille Ave. Leonard J. Currie, Architect, 16 Moon Hill Road. Hearing was declared open upon the petition of the New England Telephone and Telegraph Company for permission to relocate a pole on the northeast side of Lowell Street. Mr. Long, representing the petitioner, Mr. Thomas Walsh and Mr. & Mrs. -Thomas P. Cerulli were present at the hearing. - Mr. Burns said that as far as the Town is concerned, the location meets with his approval. Mr. Long explained that some months ago his company petitioned for the removal'of a pole so as to clear the driveway of some people who are building a new home. The Edison Company did not see fit to join the Telephone Company and it is now re etitioning the Town to set a pole (a new pole) at a different location than the one the company requested to remove. Mr. Walsh said that he has no objection to the pole being removed, but was concerned as to how close it will be relocated in re- spect to his driveway. He said that he thought the pole should -be kept four or five feet back from his line. Mr. Cerulli said that he and Mr. Walsh had decided on the location, 'but Mr. Walsh claimed to have merely looked it over and said that no decision was made. Mr. Cerulli said that if the pole were located twenty feet from the present pole, it would'be four or five feet from Mr. Walsh's driveway. Mr. Walsh said that if it is six feet from his line he will have no objections. 57 Jurors 58 Marlboro & Burns Road Dadderio Insurance The Chairman suggested that the abutters get together and agree on a location and Mr. Long stated that.the Company would go along with whatever they decided, - Upon motion of Mr. Finery, seconded by Mr. 'Gay, it"was voted to grant the petition and the hearing was declared closed. The group retired'at 7:12: P.M. Petitions were received for survey and cost of accepting Marlboro and Burns Road. - The Chairman asked if these two roads were a part of the overall'aeceptances in the Woodhaven section and Mr. Burns replied in the affirmative but explained -that these 'petitions were sent in after the closing date. The Chairman"asked if the Board`wanted to consider the petitions with the 1952 budgets or call them late. No action was taken. Letter was received from Attorney John W. Blakeney with reference to Contract dated October 28, 1948, between A.D. Daddario'and the Town, identified as Contract B for const- ruction of sewers. The letter stated that all sums to be paid by the Town under said contract must be -made direct to the Continental Casualty Company. A copy of the letter was forwarded to Town Counsel. Letter was received from Mr. Converse Bill listing the policy writing agents, of which there are seven.• He explained that. the loss of commission, when spread over a five-year premium, is not very great in view of the coming increase in the schedule. The Chairman stated that this subject could be considered at some future meeting. Letter was received from Emmett Stegall, 825 W. May Street, DeLand, Florida, requesting information relative t� the operation of a cleaning business in Lexington. Mr. Hoyt suggested, and the Board agreed, to refer -the communication to the Chamber of Commerce. Mr. Stevens arrived at 7:30 P.M. The Chairman reviewed Mr.'Bashian's re- quest, with reference to Old and New Wood Street, made last week. 1 Mr. Stevens said that if it is a County way, the title is in the County and he doubts if there is any way the -Town can give it away and if it could it wouldhave to be done with the County. He explained that the Town cannot give away an easement taken by the County. Mr. Nickerson explained that Mr. Bashian is also objecting to the way the drain that the State constructed reacts on his land. Mr. Stevens said that is a matter for Mr. Bashian•to take up with the•State. Mr„ Clay brought up the subject of the dump on Lincoln Street and the Chairman was authorized to write the•Bedford Airport and Dump ask if -they are planning, in the immediate future, to dump elsewhere because the situation in Lexington is becoming serious. Mr. Stevens mentioned the Burnham claim for damages on the relocation of East Street Claim for and said that he assumed helms the Board's Degages approval to settle for $500. Mr. Lindstrom met with the Board and the Chairman asked if he had any suggestionas to how to prevent dumping on Lowell Street. Mr. Stevens said that if the owner of the land is.letting it out for a dump, he is Lowell St. using it for something that is not permitted Dump in the Town Zoning By-law, and he thought the thing to do would be to try this case. He suggested that it be referred to Mr. Lindstrom for an investigation and that he obtain definite information that the people. using it are paying for that privilege. Mr. Stevens said that he would then help Mr. Lindstrom write a letter to the owner. 59 Wood Street Bashi an Mr. Stevens and Mr. Lindstrom retired at 8:20 P.M. Letter was received from the School Committee requesting the Board 'to 1nert an article in the warrant for the 1952 March Meeting to see if the Town will vote to with- draw from the Superintendency Union now exist- ing between the. Town of Lexington and the Town of Bedford. Letter -was received from the Taxpayers' Association,'addressed to the Chairman extending an invitation to attend a meeting on December 4th at which time a discussion will be held on the general impact of expanding activities at Bedford Airport on surrounding towns. Article Taxpayers 60 Tax Title Property Licenses Mr. Hoyt suggested that the. Chairman acknowledge the letter and say -that the members Of -the Board may attend as private individuals. Mr. Sheehan's offer of $400 for Lots 252-258 Asbury Street was held over. Upon motion duly made and seconded, it was voted to grant the following licenses: Lex. Theatre; Inc. 1794 Mass. Ave., Sua..Movies. Joseph Trani, Inc. 1757 Mass. Ave. Package Store Berman's Market, Ins. 12-14 Mass. Ave, Package Store -Upon motion of Mr. Winery, seconded by Mr. Gay, it was voted to sign partial release of land from water betterment assessment,,said- Partial land being Lot # 7 at -176 Burlington Street, Release conveyed to 'William 0. and Dorothy E. Wiles, formerly owned by Jack H. and Helen I, Johnson. Original release was taken by Town Counsel anal a copy is to be given to the Collector of Taxes. Upon motion pi. Mr. finery, seconded by Mr. Gay, it was voted to sign partial.release Partial of land from water betterment assessment, said Release land being Lot # 6 at 172 Burlington Street, • conveyed to Frederick J. and M. T. Georgean Hopwood, formerly owned by Jack H. and Helen I. Johnson. Original to be mailed to Mr. Hopwood and a Copy -is to be given to the Collector of Taxes. Letter was received from the Board of Assessors advising that they have completed their project of putting back into taxation 478 parcels of land in the.Meagher Development now severed by the new Route 128. Letter was received from Mrs. Rich, Temporary Town Accountant, calling the Board's attention to Warrant #142, payroll #7746, Town Clerk and Treasurer Personal Services. Mrs. Rich stated that she had Town Clerk talked with Mr. Dine and he advised that as Payroll long. as there are funds left in the approp- riation for a Senior Clerk, it is all right to put this overtime through on a regular payroll. According to Mrs. Rich, the last payroll which can be paid out of this account will be for the week ending December .13th, which will leave a balance of *16.00. Unless „the transfer which now remains in abeyanoe is voted, there will not be enbugh money available for the remainder of the year. Meagher Tax Title Land 1 61 Chief Rycroft's request for a full-time secretary was discussed and Mr. Driscoll Said that he is highly in favor of the request. Mr. Emery mentioned that the extra money for Personal Services was earmarked for more patrolmen and was voted -by Town Meeting Members for that purpose. He said that if the Board votes to permit the Chief to hire a secretary it should at least consult the Appropriation Committee. Mr. Hoyt said that the Board could discuss it with -them, but they do not have toor,muaohto say because the money was voted for Personal Services. Mr. Driscoll said that he understood a Secretary secretary would release one patrolman now for Police doing some of this work. Department TheChairmansaid that he had not thout of the complexity mentioned by Mr. Winery. He said that when Town Meeting voted, the members thought there would be five additional men, but theri:.won't be. The Department will have two additional men, one released by the sec- retary, and two lady officers. He asked if Town Meeting voted the money for more men and protection or for the five-day week. Mr. Driscoll replied that he thought it was the five-day week that was voted upon. The Chairman said that if the Chief -can affect'. a five-day week more economically, he did not think the Board would be criticized very much. Mr. beery said that the five-day week cannot be put into effect at this time and the Chairman said that this is the first step toward it. Mr. Finery said that he does not claim it illegal, but he has doubt as to how the money can be used in this way. He said the Board would be spending money that was. appropriated for a five-day week and that Will not go into effect for four or five months. The Chairman said that if the Board takes this first. step he thought the Chief would make it effective February first, and Mr. F]nery asked where the money would come from. When Mr. Stevens returned ,to the meeting later in the evening, the Chairman explained that Chief Rycroft had presented the Board with a program whereby he can effect a five-day week by the addition of two patrolmen, two temporary lady police and a secretary for himself, to re- lieve an officer who spends all his time in the office doing secretarial work. 62 He explained that the Chief wants to put the secretary to work right away so that he can pay her'for December and, therefore, for January, February and March. He -said that if the Board accedes to his request, it will be approving his overall program, and asked Mr. Stevens -where the money would come from. Mr. Stevens explained that it is based on the average of the last three months. The Chairman said that money was appropriated for five additional men from June first. 'Mr. Stevens agreed, but -said -that as yet the money has not been spent, and quoted the following from Section 13, Chapter 44 -of the General Laws: "Town Officers authorized to make expenditures may incur liabilities in carrying on the several departments intrusted to them, and payments therefor shall be made from the Town Treasury from any available funds therein, and the same shall be charged against the next annual appropriation; provided, that the liabilities incurred during such interval for regular employees do not exeeed in any month the average --monthly expenditures of the -last three months of the preceding year, and that the total liabilities incurred during said interval do not exceed in any one month the sums -spent for similar purposes during any one month of the preceding year; and provided, further, that said officers may expend in any one month for any new officer or Board created by law an amount not exceeding one twelfth of the total estimated cost for said year." The Chairman said -that would'prevent the Chief from putting on a secretary. He said that the Board could tell him that it has approved his program and will approve the budget for 1952 but unfortunately the program cannot be put into effect now. Mr. Hoyt mentioned that the Chief could hire a girl to work in December. . The Chairman said that once the Board advised -the Chief that it is behind his program; it would be definitely commited. Mr. Emery brought up the subject of the Fire Department hours and also the Public Works Department and said that he would like to hear what the Appropriation Committee has to say on the matter. The Chairman reported to the Clerk (on Tuesday,<November 27th)' that Mr. Bateman, Chairman of the Appropriation Committee met with the Selectmen at 10155 P.M. and reported that his Committee disapproved the Board's re- commendation of t104 increase- across the Board and five-day week. 1 Mr. Bateman did not explain it fully to his Committee and will have to present it to them again. The Chairman further reported for the records, that the Board met on Saturday morning, November 24th, and was fairly well coincided on cutting down to a five-day week with present salaries plus 0104 -across the Board with some few adjustments. The Board felt firm enough to call in the School Com- mittee Chairman and the Appropriation Com- mittee Chairman to see what they thought of the proposal. Mr's. Morey said that she had no thought of a general raise and Mr. Bateman agreed to refer the matter to his Committee. At 9:00 P.M. all members of the School Committee; Mr. Burns and Mr. Stevens met with the Board.. Mrs. Morey stated that her Committee has the problem of arranging for contract of the work in connection with the High School and the Building Committee supervises the building and payment of such. She said that her Com- mittee asked Mr. Burns for assistance, from the point of saving money for the Town in drawing up plans. They have his plans of drainage and roads. The whole land drains into Vine Brook and Vine Brook is Town property. A lengthy discussion was held relative to the drainage problem and Mrs. Morey informed the Board that approximately $11,000 additional is needed and asked where it might come from. She said that there are funds for drainage and grading, but they feel this is definitely a problem of the Town and asked if they could use funds allocated for grading and drainage and if money is appropriated at Town Meeting for drainage have it transferred back into School appropriation. Mr. Stevens said that such proposed transfer of funds could not be done and' said that if the work is to be done the only way to get the money back would be to have the matter explained at Town Meeting and have an additional appropriation. He said that they could not just have an appropriation for something that had been done and then transfer the money. Mrs. Morey said that she would like the reaction of the Board as to what the Town reaction would be if the School Committee goes into the March Meeting and asks for the money it did not receive. The Chairman said that the Board would be in a better position to answer the question two months from now when budgets have been studied. The School Committee retired at 9:45 P.M. 63 School Committee Drainage 64 The Chairman asked Mr. Stevens if, referring to lazed that has been, subdivided into 50 foot lots, the owner can automatically split the lots by taking a 50 foot lot and half of the next lot and make a 75 foot lot. Mr. Stevens replied that it is permissable under the Zoning By-law and explained that as long as an owner has a lot that can be built upon under the Zoning law he may add to it and still build. He can add to it by an-adj'oining lot or a portion of an adjoining lot. The meeting adjourned at 10:00 P.M. On Tuesday, November 27, 19514 the Chair- man informed the Clerk, that after she had left the meeting the Board voted to re -appoint Mr. Frank D. Walker as. Town Accountant for a.three year term expiring December 31, 1954. I 65 SELECTMEN'S MEETING December 3, 1951 L regular meeting of the Board of Select- men was held in.the Selectmen's Room, Town Office Building, on Monday evening,: December 3, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt" were present. The Clerk was also present. -Letter was received from Thornton S. Cody, 8 North Street, with reference to Street petition filed on October 3rd for street Light & lights and street signs. A suggested reply Street was submitted by Mr. Burns and approved by Signs the Board. The Chairman read.a letter from Charles F. Small, Attorney, representing the Pleasant Associates, with reference to property abutting Lowell Street, formerly owned by Deb Homes, Inc. The Clerk was instructed to refer the communication to Town Counsel for reply. Letter was received from the Appropriation Committee with reference to the Board's recom- mendation that a transfer in the amount of $406.43 be made from the Reserve Fund to the Town Clerk- Treaaurer Personal Services Account. The Com- mittee has agreed to make the transfer upon the Tran Per condition that a letter is received from Town Counsel giving his Opinion that such a transfer is legally allowed and within the powers of the Committee to grant. (The letter was taken by Mr. Stevens on Tuesday, December 4, 1951.) The Chairman read a letter from Mr. Carroll, Town Clerk, advising that it will be necessary to purchase forty-nine new Voting voting booths. Booths Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to include the necessary funds in the 1952 Flections Expenses - Juris- diction Selectmen budget. Letter was received from John A. Sharkey, offering $328.65 (amount of betterments) for Lots 22, 35, 36, and 46 on Hillcrest Street. Decision was held over for the next meeting of the Board. Certificate of Incorporation was received on behalf of Helen M. Farley at 288 Lowell Street, Helen G. Carrier, 295 Woburn Street and Irving Currier, 295 Woburn Street. Satisfactory character references were- received from the Chief;of Police. However, the Board preferred to check with Town Counsel before signing the application. Tax Title Cert. of Incorp. 66 Abatement The Clerk informed the Board that Mr. Errol H. Locke had inquired as to the possibility of abating an ambulance bill incurred by a resident of the Home for Aged. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to abate the bill in the amount of $12100. Application was received from Rev. F. J. Murphy on behalf of the Sacred Heart Church, for permission to conduct a lecture in Cary Hall on Saturday, February 16, 1952, from 7:00 P.M. until midnight. Mr. Emery questioned.whether or not this would be a use permitted under the Cary Will Use of and a discussion followed. . Hall -Upon motion of Mr. Emery, seeonded by Mr. Hoyt, it was voted to grant the -use of the hall subject to a charge of *35.00 on the assumption that the lecture is to be non religious. Letters were received from the Alcoholic A.B.C. Beverages Control Commission advising that action re said Commission had voted on November 27, 1951, liquor to sustain the action of the Board in refusing applica- to grant a Package Goods Store license to tions Warren T. Bryant, George W. and Warren F. Breslin, Alfred N. and Alfred L. Viano and William E. and John J. Phillips. Letter was received from the Alcoholic Beverages Control Commission advising that after, having given due consideration to all the circumstances in connection with Edward J. and Thomas F. Connors appeal, the appeal was sustained. The letter further stated that the Commission hereby transmits its order to grant to Edward J. and Thomas F. Connors a Package Goods Store license for the sale of alcoholic beverages in accordance with their application therefor, for premises located at 1700 Massachu- setts Avenue, Lexington, on or before Tuesday, December 4, 1951. Mr. Gay said that he would like to be consistent and reject it, thereby being con- sistent"with the-, original vote. Mr. Emery said that he felt the .same way and mentioned that no evidence was presented on the basic issue as to whether there are a reasonable number of places in town where the purchase_ of alcoholic beverages may be made. Mr. Hoyt said that he could see no reason for changing his mind. He said that the Board thought there was no justification thirty days ago and he can see no justification now. Connors License 1 67 The Chairman reminded the Board that the license will be granted anyway by the Alcoholic Beverages Control Commission. Mr. Driscoll said that he wished to be recorded as being in favor of granting the license and moved that the Board of Selectmen issue such license in compliance with the order of the Alcoholic Beverages Control Commission. Mr. Nickerson seconded the motion and upon a"vote it was defeated -.bar a two to three vote, Mr. Phillip LaGrassa met with the Board relative to his application for a Public Carriage License. He said that he will operate the .cab at the Logan Airport and is using Mr. Philip Gravallese's address because he now lives in Arlington but will -live in Lexington after the first of the year. LaGrassa The Chairman asked where he would operate Public in Lexington and he replied that he is not Carriage going to run the cab in Lexington at all, but License will have to have a permit from the town in .which he lives. He explained that the Logan Airport is owned by the State and anyone living in a suburban town may work out of the Airport. Mr. Emery asked if thiswould be estab- lishing a new taxi route and Mr. LaGrassa replied in the negative. He said that he will garage his car in Lexington and will have to have a permit from the town where the car is garaged. The Chairman said that the Board would consider the matter and then get in touch with Mr. LaGrassa. He retired at 8:05 P.M. Mr. Emery then moved that the license be granted providing Mr. LaGrassa is correct in his statements and the Chief of Police. has no objection. Mr. Gay seconded the motion and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant a Package Goods Store License to the Lexington Liquor Mart, Inc. for the year 1952. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant a Sunday Movies License to the Lexington Theatre, Ino.. - Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant a ommon Victualler Sunday License and A Sunday Sales License to Jacob Sales Begelman, D.B.A. Town Line Pharmacy, Inc. 20- 22 Massachusetts Avenue. License License 68 The Chairman read Officer Mowat's report relative to his investigation of a complaint registered by Mrs. Elizabeth M. Bauguss with Complaint reference to dogs owned and kept by Mr.. Eliot Saunders, 20 Adams Street. The Chairman was authorized to inform the complainant that an investigation has been made. The Chairman informed the. Board that a date should be-bet:for Closing the Warrant Warrant for the 1952 Annual Town Meeting. Fpon motL.on of Mr. Gay, seconded by Mr. Driscoll, it was voted to close the Warrant on January 7, 1952. Appointment of the Board of Assessors was discussed at length and upon motion of Mr. Hoyt, seconded by Mr. Gay, it was unanimously voted to make the following appointments: William I. Burnham, 1 year term expiri 69 The Chairman of the Planning Board said that the Board would not be in favor and would try and stop it. .Mr. Stevens served notice then and there that he was going to start operations the next day which he did. Dor. Rupert Stevens said that the Planning Board found that the 1924 Zoning By-law would not "hold water" and claimed that under these circumstances the Zoning By-law was rewritten in 1929. Mr. Harold Stevens asked the Shannon lawyer if it were not true that the Zoning law had been passed by the Town and approved by the Attorney General even though it made no reference to gravel pits being allowed. The Chairman reported that they kept in- sisting that they were going to operate care- fully and leave the pit in good condition, and asked why some compromise could not be Made. The attorney said that his client has a profitable deal on the pit and thought he should be allowed to recoup his expenditures. At this time, $:50 P.D., Dir. William G. Potter, Chairman of Cemetery Commissioners, met with the Board. He explained that he is ready to meet with the Appropriation Committee with his 1952 budget and each year the Committee wants to know when the Cemetery Department is going to be moved to the Town Office Building. He stated that he had requested a meeting with the Board this evening to ask what relief the Board can give him in regards to locating in this building, because the Appropriation Com- mittee seems to think that it can be done. Transfer of The Chairman asked if the transfer could Cemetery be effected this year and Mr. Potter replied Work that he does not know what to do.until there Discussed' is a place available and as yet he has.not approached the girl doing the work. He said that he has not gone into the matter to the extent as to whether or not she would be willing to come down to the Town Office or if there is a girl in the building who.could do the work. Mr. Driscoll asked about the privacy of an office for the Department and Mr. Potter - replied that there would have to be privacy as most of the people coming.into the office are in a more or less state of distress and grief. The Chairman said that the facts would have to be faced and that there is no room in the Town ,Office Building. . I 70 Transfer of Cemetery Work Discussed Mr. Emery said that there is room in . the Barnes Property, but he did not know whether or not it would be suitable. He said that the first floor of the ell is vacant. • Mr. Potter said that the attitude of the Appropriation Committee towards the Clerk bothers him because she is doing all the work for $10.00 which is less than what is paid to girls in the building for a two-hour meeting, the records of which are done during the day. He admitted that the girl in the Cemetery Department does other work and writes insurance ' but stated that she is available from nine until five every day. Mr. Hoyt akked if it is a full-time job and Mr. Potter replied in the negative, but said that she is available forty-four hours a week. Mr. Driscoll asked if the Commissioners were going to ask for more money for the Clerk and Mr. Potter replied in the affirmative. The Chairman asked if the Board wanted to tell Mr. Potter that, under the circumstances, there it no place for the Department in the Town Office Building.and the.Board probably would not be in favor of bringing the office down here and putting the Clerk on full time. Mr. F2nery asked if she could help on the Veterans' work and the Chairman replied that the Board is contemplating having the Chiefts secretary handle that. Mr. Gay asked if Mr. Potter thought it would be worth while to remodel a section of the Barnes property and Mr. Potter replied that personally he does not believe in spend- ing any more money on. the Barnes building. .The Chairman suggested that Mr. Potter find out whether or not the Clerk would come down to the Town Office Building and work for the Town. Mr. Emery suggested that he find out if she will come down and if so how much she will want for a salary. Mr. Hoyt suggested that Mr. Potter obtain a resume of the amount of work involved. Mr. Potter agreed and asked if the Board would be willing for him to inform•the Approp- riation Committee that the Board can find no place here .at the present time. Mr. Emery said there is no place in this building and if the Barnes property is suitable is a question. Mr. Potter retired at 9:15 P.M. and the following members of the Appropriation Comn- mittee met with the. Board: -Chairman Bateman; Messrs. Cleveland, Donnelly, Sullivan, Smith, Tucker, James and Reed. to 1 71 The Chairman said that the Selectmen believe they can effect a five-day week throughout all the departments in town and - are working -their budget plans on that•basia. They have started with the Police Department, continued with the Fire Department -and have gone over the matter with Mr. Burns of the Public Works Department. Be explained that the Boards ideas may stem from the Town Meet- ing vote last year when the Town voted a five- day week for the Police Department, but he thought, however, it has developed more since. He said that the Board will try to make a five-day week effective. The Police Department has given the Board a new scheduling and•Chief Ryornft has asked for two additional men, one secretary to relieve -a - third man from office work, and two temporary lady police officers for school crossings. The lady officers Would get *75.00 a month for nine or ten months a year and the secretary would go on at Senior Clerk pay. In that way, he showed the Board a schedule that would enable him to make effective a five-day week at approximately the cost of 3 1/2 patrolmen instead of the five the Town Meeting voted for him last year to make a five-day week. Appro., He explained that the Fire Department is Committee .going to ask for additional men to cut the re hours hours down from 71 to 61. This will not give and wages them a five-day Week, but will give a comparative cut down in hours. The Chairman said that the Public Works Department would pay its'Imen the same weekly pay that is paid them now, but instead of working 48 hours, they would work 44 hours a week for five days. He explained that the Town Office Building would close down completely on Saturday. He stated that the Board has not gone into the Cemetery Department or the Park Department but the latter would follow along with the -Public Works Department. He further stated that the Selectmen •favor a cost -of -living increase of $2.00 a week across the Board. Mr. Bateman asked if the men would be paid the same for 44 hours as they -have for 48 hours and -still receive an increase. The Chairman referred to the Public Works Department and said that the idea is to eliminate all possible overtime.'Be said that there would be a very small percentage of overtime necessary and that would be on snow removal or a water main break, 72 Appro. Committee re hours and wages Mr. Tucker inquired as to how many additional men would be necessary and the Chairman said that it would not involve any extra men. Mr. Tucker asked if the same amount of work would be done and the Chairman replied that Mr. Burns believes that he will be able to handle the work. Be said that the Town has had more con- tractors working and if the Board follows Mr. Burns' recommendation, it will continue to have work done by contractors-. Mr. Tucker asked what brought up the sub- ject of shorter hours and the Chairman replied that it was the trend of times. Mr. Tucker questioned when the matter was brought up at Town Meeting and the Chairman said that closing the Town. Offices would have to be voted on by Town Meeting. The Chairman asked if the Appropriation Committee had any comparisons of the surround- ing towns and Mr. Bateman replied in the negative. The Chairman explained that Lexington is the only 48 hour town around and the Board decided that the change from 48 to 40 hours is too much. Mr. Tucker asked if the Board proposed to close the Town Offices on Saturday mornings and the Chairman replied in the affirmative. Mr. Tucker recommended that the office workers begin at 8:30 and the Chairman said that they are accustomed to working from nine Until five. Be said that the Board of Selectmen is not try- ing to sell the Appropriation Committee anything, but is merely informing it as to what the Selectmen have in mind. He explained that the Board has given the subject serious consideration for about three months. - Mr. James asked how the proposed program would affect the School -Department and the Chairman replied that it would have no effect at all as far as the hours are concerned. They will receive their step - rate increases and Mrs. Morey feels that she is in a good position competitively to obtain teachers. Mr. Smith asked if the teachers would receive a step-up increase and an additional increase and the Chairman said that Mrs. Morey did not react to the Board that she thought it was necessary. Mr. Tucker asked why, more lady police officers couldn't be hired and the Chairman explained that Mr. Emery and Mr. Driscoll have been studying the matter and the Chief has been co-operative. He said that the Town will have to have more police officers rather than fewer as it goes from 14,000 to 17,000 and adds 500 new houses this year. He explained that the budget was made up last year to include two additional officers to enable the use of two prowl cars on nights because the Town can't be covered by one prowl car with two men. 1 73 The group retired at 10:15 P.M. and the meeting adjourned. The Chairman informed the Clerk at a Special Meeting of the Board held on Saturday, December 1, 1951, it was unanimously voted to authorize: the Chief of Police to employ Mrs. Donald Manley as Clerk in his Department, - effective immediately at the rate of $45.98, Senior Clerk pay. 74 SELECTMEN'S MEETING December 10, 1951 A regular meeting of the Board of Select- men was held in -the Selectmen's Room, Town Office Building, on Monday evening, December 10, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Hoyt and Driscoll were present. The Clerk was also present. Hearing was declared open upon petition of the Boston Edison Company and ,the New England Telephone & Telegraph Company for joint locations of poles on Cary Avenue. No persons were present in favor or in opposition to the proposed locations which were approved by Mr. Burns. Upon motion of Mr. Finery, seconded by Mr. Driscoll, it was voted to approve the locations and sign the order for the following:. Cary Avenue, northeasterly from a point approximately 50 feet north- east of Shade Street. Four (4) poles. (Four existing JO poles to be removed.) Hearing was declared open upon petition of the New England Telephone and Telegraph Company for permission to lay and maintain conduits in Waltham Street. No persons were present in favor or in opposition to the pro- posed locations which were approved by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the location and sign the order for the following: Waltham Street, from pole 195/53 located approximately fourteen (14) feet northeasterly from north- east street line -intersection of Farmerest Road, northeasterly to a pole 195/52 approximately sixty- two feet (62) underground conduit. Mr. Burns met with the Board at 7:10 P.M. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of pole locations on Wood Street. (Approved by Mr. Burns.) Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve the locations and sign the order for the following: 1 Wood Street from a -point approx- imately three thousand two hundred and for nine feet northwest of Mass. Ave., northwesterly. Set six (6) poles. Remove seven (7) poles. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of pole -location on Folien Road. (Approved by Mr. Burns.) Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to approve. the location and sign the order for the following: Follen Road — southerly from Locust Avenue, One (1) pole. Mr. Burns presented a sketch entitled "Plan of Building for Town of Lexington", 4'x6', 8" block to house the Civil Defense motor generators. Civil He informed the Board that he had received a bid Defense from Custanoe Bros. in"the amount of *485.00. Generators Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to accept the bid, payment to be charged to the Civil Defense appropriation. Letter was received from Mrs. Winifred Holman, 275 Concord Avenue, questioning the water bills Holman which she has received. Mr. Burns presented records Water of the Water Department and stated that Mrs. Holman Bill apparently used the water'f or which she was charged. The Chairman requested Mr. Burns to reply t6 Mrs. foimen's letter. • The -Chairman read a letter from James. F. Corrigan, 40 Bedford Street, advising that Mrs. Corrigan tripped over a flag pole holder a few yards away from the Minute -Man Statue. He reported that Mr. Corrigan called him on the telephone and from his conversation did not appear to be seeking Corrigan payment. Accident Mr. Burns said that he had received a report on this from the Police Department and referred it to Mr. Stevens. Upon motion of Mr. Driscoll, -seconded by Mr. Emery, it was voted to' forward the letter to Mr. Stevens and left to his discretion The Chairman suggested, and Mr. Burns agreed, that Mr. Garrity check all of the flag pole holders to make sure that there are no others protruding. 75 Pole Location 76 Letter was received from the State Depart- ment of Public Works with reference to removing snow from a portion of Route 2A, a distance of Snow 0.20 miles. Removal Upon motion of Mr. Beery, seconded by Mr. Gay, 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 Lexing- ton will plow all of Massachusetts Avenue. Letter from the County Commissioners, - together with suggested form of petition, in Chapter 90 - anticipation of possible highway work on Con - Concord Ave. cord Avenue next year was held over. Mr. Burns explained that -he had checked with the Commissioners' Office and was informed that the Town may still choose what project is to be done, but Concord Avenue is the only pro- ject for which no petition has been filed. Upon motion of Mr. Eelery, seconded by Mr. Driscoll, it was voted to petition the County for relocation of Concord Avenue and specific repairs. Application for abatement of sewer better- ment assessment on Lots 1,-2, and 5 Marrett Road were received from the office of George A. McLaughlin, et al, on behalf of Robert J. Fawcett. Application for abatement of sewer better- ment assessment on Lot 4 Marrett Road was also received from the office of George A. McLaughlin, Fawcett et al, on behalf of Richard B. Fawcett. Sewer Mr. Burns presented the Board with a sketch Betterments of'the lots involved and informed the Board that Mr. Fawcett is not connected with the sewer. Mr. Emery suggested, and the Board agreed, that tills subject be discussed with Town Counsel and said that he could not see how the assess- ments could be abated if the Board is'to be con- sistent with action taken on other requests for abatement. When Mr. Stevens arrived at the meeting the situation Was explained to -him -and he sug- gested that the Chairman invite Mr. McLaughlin to meet with the Board to discuss the matter.. Letter was received from Alfred P. Tropeano, representing Robert Breslin, 2227 Massachusetts Avenue, regarding a small triangular parcel of land now owned by the Town; this particular piece of land resulting from the relocation 'of Massachusetts Avenue. Mr. Breslin would like to purchase it as it is located in front of his house. Breslin Land -'on Mass. Ave. 1 Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to sell the land for not more or less than a similar piece was sold to Mr. Breslin's brother, -but with the under- standing that his attorney is to take care of the details. When Mr. Stevens arrived at the meeting at 7:40 P.M. he explained that when Warren Breslin purchased a piece of land in front of.his house, the article was so written that the strip in front of Robert Breslin's house can be conveyed without further action by Town Meeting. Mr. Burns retired at 7:55 P.M. and Messrs. Roeder and Fitzgerald of the Fire Commissioners met with the Board. Mr. Roeder said that the Commissioners would like to run a -tapper up to his house by way of Richard Road, which will be where Mr. Fitzgerald will be living in a year or so. He said that it involves expenditure of money which hes aid that he would pay for, but he has been told that this is something for which he need not pay and that there arefunds to take care of it. He said that there ie need of a fire box at the corner of Fallen Road and Richard Road and if a box is located there the wires can be run to his house. The Chairman inquired as to the cost and Mr. Roeder said that running the wire and put- ting the box in will be about 0250; to do the location of his house is the difference between that and $460. The Chairman asked about the expenses.in- volved if Mr. Fitzgerald moves down to Richard Road and Mr. Roeder replied that it would be about $15. The_Chairman said that the Board would consider. the subject and let the Fire Com- missioner know its decision. Mr. Driscoll asked about a tapper in Mr. Sheldon's house and Mr. Roeder replied that Mr. Sheldon is not interested in having one in his house. Messrs. Roeder and Fitzgerald retired at 8:03 -P.M. and Mr. Burns returned to the meeting. Mr. Stevens reported that he went through Mr. Wrightington's file of the Stevens land damage cane, but -he could not find any point in it where the question of whether a gravel pit could be considered under the Zoning By- law. 77 Tappers for Roeder and Fitzgerald 8 Stevens Gravel Pit There was no litigation• of whether the gravel pit could be operated under the Zoning. • The Chairman reported that during the week he went over and saw the sharp bank going down to the water and got in touch with Town Counsel -and was advised by him to call Doctor Shannon, which he did. He told Doctor Shannon that the shelf he was talking about was. entirely lacking. This morning they went over and walked around the pit. Doctor Shannon stated that the maximum depth of digging -would be 27' below the main level of the pit. The Chair- man said that Mr. Burns ran a test and found that all the water can be lowered; by a new drainage pipe under the road to Butterfield's •Pond, is two feet.. He said that if this works out the way -the Doctor promises-, and -Mr. Burns says it can, there will still be some points in there eighteen feet deep. Doctor Shannon said that the 25' shelf would be constructed by a bulldozer where it now fails to exist. This would be done within the next week or ten days. He reported that, beyond this point the shelf is 25' wide as they promised. The Chairman said that they are now work- ing as close as they will to North Street and they intend to leave.two or three hundred feet between workings and North Street. They will stay away from the house at the corner of North and Adams Street and will sell the owner of the house there more land if he wants it. He said -that the -Shannon pit now is owned within six feet of that house and a large part of the lawn is on Shannon's pit. The Chairman reported that they are only going to remove 400,000 cubic feet of gravel before ceasingoperations and sell the pit to the town for 1.00'. Doctor Shannon said this is 550,000 cubic yards less than the estimated contents -of the pit determined at the time of the law suit. He said that the Town's experts went in and made calculations of 950 yards of gravel. The f irst•100,000 cubic yards has been removed or is piled on the ground. They wish to maintain their seven•years, in which they may carry on oerations, but Doctor Shannon said he is positive that they will be through in eighteen months, with a maximum of two years. He also said that the pit will be left as neatly as possible and -not to be an eyesore. Mr. Stevens said that the most the Board can get from them would be an idea of what they are going to do. The fact that the Town has purchased a great deal of gravel- does not put them in too good a light. He said that if they cease immediately, there is still a dangerous situation so that stopping operations does not solve the problem. 1 The Chairman asked if the Board wanted him to confer with Town Counsel some time before next meeting and have something written up to submit to the Board. The Board agreed and so authorized the Chairman. Chairman Atwell of the Board of Select- men of Bedford, Messrs. Estes and Ford of Thomas Worcester Company, and three other persons met with the Board to discuss sewage disposal. Mr. Ford stated that they propose to pump sewage from Bedford to a point in Bed- ford Street at WestviewCemeteryand then come by gravity to the proposed connection the other side of Route 128 at Eldred Street, with gravity. The -gravity line would be available to.:.Lexington. He said they have,,various vol- umes to send down but he'thought has accepted, at least for the present, what they will send .down. It is a matter of what areas the towns of Lexington and Bedford can make guess wise of engineering points. Mr. Burns asked what they figured now on emptying and Mr. Ford replied that he es- timates a population'of 12,000 and they would send down on an average of 1,681,000 gallons a day, including the hospital, figuring on the next five or ten years. Mr. Burns asked if they were talkixg of the job going to the corner of Eldred and Bed- ford Streets and Mr. Ford replied in the affirmative. Mr. Burns said that there is the question for both towns to determine how it is going to be financed and also the timing. The Chairman asked if they intend to have the preliminaries ready for the annual Town Meeting and Mr. Ford replied that the actual design has not been started. He said there may have to be some negotiations between the Town, the State and the Town of Lexington for the use of Bedford Street. He said that they may not go in Bedford Street, but will go along Bedford Street. Mr'. Burns said that the water is in the sidewalk now on the north side and that there is also water in the south side. The Chairman, said that there are many engineering problems and the trade Lexington makes with Bedford would be based on engine- ering calculations. He said the Board is curious to know if Bedford is going to .start this in the summer of 1952 or 1953. One of Bedford representatives said that it is difficult to say how eminent it is; the need is eminent but the finances may not be so easy to obtain. 79 Bedford Sewage 80 However, they are nearer to a sewer system then they ever were before. He asked what was meant by going off the street and Mr. Ford replied that he meant -a shoulder of the street or off the street line. The question of who would lay the pipes, pay for them and own them was asked and the Chairman replied that was something to be worked out by the engineers and'assured the group of Lexington's co-operation. One of the men said that an Act has been filed with the Legislature authorizing•Bedford to come into Lexington. - Mr. Ford said that the gravity line should be in the street and to the advantage of Lex- ington if Lexington cares to use it. A Bedford man asked if Lexington plans on using the pipe from Bedford and the Chairman replied in the affirmative. He said that there would be houses on this side that would go into it. Lexington would be going into Bedford with some sewage which Bedford would pump back to Lexington. He said that if Bedford constructs the sewer Lexington would pay a fee on the Lexington side of a slope. A Bedford representative asked if Lexington might have to build a sewer from the pumping station up to Eldred Street anyway, and the Bedford Chairman replied that the sewer is not in now, Sewage but whether it would be put in or not"ivould not be known until after Town Meeting. He explained that last year the Board did not favor putting it in. A Bedford man asked if there are any figures available as to' what the charges might be, excluding the pipe and Mr. Ford replied that he and Mr. Burns have discussed this and feel that there will have to be an apportion of the cost of the total volume of sewage handled by the pump- ing station. Mr. Burns said that if there is a pipe of a certain gravity and Bedford uses 20% of that gravity, Lexington's margin has been out down by 20% and it would be figured on what it would cost Lexington to pump the extra sewage. A Bedford representative asked what Mr. Burns expected to handle through the Town of Lexington from'the pumping station and he re- plied that he knows what he is handling through the pumping station now, but what he would handle with a new line would be an estimate. Mr. Puffer said that between the Town of Lexington and the Town of Bedford, it is up to the two towns to get together and help each other as much as possible. 1 • S1- The gravity line would be installed for the use of Lexington. Bedford's line collects on the Bedfdrd side so Lexington can enter from the north side-of the park; each one would help the other. Bedford would pay what Lex- ington felt necessary on the lines in Lexington and a pre-rated charge of the pumping of Bed- ford gallonage at a fair charge in accordance with the cost of the pumping to the Town of Lexington. The Chairman said that it is a simple thing, but complex on account of the timing. It is based on estimate at the present moment. There is the complication of convincing flown Meeting to spend a substantial sum of money. Bedford Selectmen feel that the next Town Meeting will authorize funds because everyone in the Center is badly in need of sewage facilities. A Bedford representative said that if the cost of laying the pipe could be determined and the size, then they could lay it as far as available funds would permit. He said that he could not see any need of getting the cost of the pumping station at this time. Mr. Ford gave an estimated figure of *148,250 for the pumping station and the pipe coming down as far as Eldred Street. He said that it will Bedford be close to 3/4 of a million dollars before Sewage they are.through. The Chairman asked if that figure included the engineering-and he replied in the affirmative. Mr. Stevens asked if they plan to construct the sewer down Great Road to Bedford Street this year and Mr. Puffer replied that they do if they get the money. Mr. Atwell said that he would like to see the project started this summer. The Chairman said that it still is a debatable matter in the minds of the Select - men as to whether it would be advisable for Bedford to come into Lexington and build a gravity line in the street. He said that the Board would want to give full consideration if it would be more advantageous for Lexington, to put the sewer in from Westview or for Bed- ford to-put in.- Mr. Stevens said that whoever builds the sewer should maintain it and it seems to him logical for Lexington to own it for it is going to maintain it. One of the Bedford men asked if it would be all right for Bedford to own the force main up to Winter Street and the Chairman replied that he thought there would be no difference of opinion on;that. 82 Mr. Puffer said that it is agreed that both Boards are in favor of the project and the route of it. It is now necessary to obtain the necessary funds and permission to go ahead with the Bedford end of it and he thought it was safe to say that the officials of the Town of Lexington are -willing that Bedford should enter its system. He said that the cost of entering the system and the pumping of the sewage would not be excessive beyond what it cost to do so. The Chairman said that it would be arrived at by'an amicable arrangement between the two towns. Mr. Stevenssaid that he does not know what the M.D.C. fees will be. Be said that the M.D.C. will have to collect from Lexington and whatever Lexington has to pay the M.D.C. on account of Bedford coming in will have to be paid by Bed- ford. Mr. Kelly suggested that the engineers work this out and report back to their respective Boards. - Mr. Puffer said that Lexington is not dec- ided whether it would be better for Lexington to build and own the gravity main in Lexington Bedford or for Bedford to own it. If Lexington decides Sewage to build, own and maintain it, it would make a simpler' operation if Bedford could be advised before Town Meeting. The Chairmen said that the Board would be glad to inform Bedford when a decision has been reached, but the decision will be what is recommended at the Town Meeting which will not take place until after Bedford's Town Meeting. Mr. Stevens said that if Lexington builds it, Bedford will still have to make an,approp- riation. Mr. KMery said that at present Lexington has no call whatsoever for a sewer in Bedford Street beyond Eldred Street and it might be difficult to convince the Appropriation Committee to g� along with it unless an inducement were made. If Lexington has to put in Sunnyfield, it will cost a lot of money and it might well be that the Town Meeting, Appropriation Com- mittee and possibly the Board of, Selectmen will feel that this is not the year Lexington can afford to put a main in Bedford Street from Eldred Street up to Westview. He said that het does.:not want_ the people from Bedford to feel that the Board has made any definite commitment. 1 83 The Chairman said that he did not -intend to tell them that the Selectmen is going to recommend this, but he would tell them that it will be given consideration. Mr. Eatery asked about the cost of the gravity main from Eldred Street -and Mr. Ford replied that it is approximately 440,000. The Chairman asked if Mr. Beery meant what part of the $40,000 the Town of Bedford would assume and Mr. Hmery replied in the affirmative. He said that he thought it would be a job to convince the Appropriation Com- mittee that this is the year to spend money on the extension of a main purely to help out a:neighboring town, which we would like to de, but for which we have no immediate need. Mr. Burns asked when the sewage would be running down, if the design is made and the Town of ' Bedford . votes t ie money, Mr. #Ford replied that it -will be a year from March or maybe two years. The group retired at 9:45 P.M. Letter from Attorney Charles F. Small with reference to the property abutting Deb Homes Lowell Street, formerly owned by Deb Homes, Property Inc. was held over. Mr. -Stevens, to whom the letter was referred, said that the County is not ready to make a taking and Small will just have to talk to whoever is going to purchase the land. Certification of Incorporation filed by Helen M. Farley et al, living in Lexington, was,held over. Mr. Stevens said that he Cerf. of could see no objection to the Board signing Incorp. a character reference. - Upon motion of Mr. Gay, seconded by Mr. Eatery, it was voted to sign a Certificate of Incorporation and file it with the Secretary of the State. . Letter was received from Mr. Stevens with reference .to Lots 4 and 5 Massachusetts Avenue which the Board had voted to sell. He stated Tax Title that from the information he has been able to Property obtain it does not look • as if the Town has any title whatsoever. It was unanimously agreed to return the money received from the prospective purchasers if it is determined that the lots cannot be sold and a deed prepared. 84 Public Carriage License Denied Connors Liquor License Tax Title Property Tax Title Property Licenses Mr. Philip LaGrassa's application for a Public Carriage License, to operate from the Logan Airport, was held over. Mr. Stevens said that he could see no basis for issuing a license from Lexington to be used.in another city and recommended that no license be issued. Mr. Stevens retired at 10:45 P.I. Letter was received from the Alcoholic Beverages Commission, together with copy of a license issued by Commission to Edward J. Connors and Thomas F. Connors for a Package Goode Store at 1700 Massachusetts Avenue. Further consideration was given to Mr. Joseph Sheehan's offer of $400 for Lots 252 through 258 on Asbury Street. The Chairman was authorized to cheek with Mr. Burns sato the advisability of disposing of these lots. Mr. John Sharkey's offer of $328.65 for Lots 22, 25, and 46 on Hillcrest Street was held over. Letter was received from Mrs. Catherine R. Cummi' , 425 Washington Elms, Cambridge, off ering50 or more for Lot 251 Wood Street, Colonial Heights. She now owns Lots 252, and 253 and is building a house. - Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to advertise the offer and give it further consideration at the next meet- ing of the Board. Upon motion of Mr. Gay, seconded by Mr.. Every, it was voted to grant the following licens.ts: The 1775 House 130 Pleasant St Kieran J. Lowry 286 Lincoln St. Ernest C. Martin 1793 Mass. Ave. Minute Man Restaurant 1715 Mass, Ave. Old Coffee House_1775 Mass. Ave. Regent Delicatessen 1729 Mass. Ave. F.K. Johnson 39 Bedford St. Mawhinney Motor Sales '581 Marrett Rd. Lexington Theatre, Inc.1794 Mass, Ave. Charles Durkin 18 Manley Ct. .Com. Viet. Com. Viet. Com. Viet. Com. Viet. Com. Viet. Com. Viet. lst. Class Agent lst. Class Agent Sunday Movies Public Carriage 1 85 Upon motion of Mr. Gay seconded by Mr. Fanery it was voted to grant the following uses of halls free of charge: Uses of Mdsx. Cty. Farm Bureau Estabrook Hall Dec. 28th. Hall LafayetteClub " " Jan. 8th. Lafayette•Club " " Feb'. 5th. It was agreed to hold the Selectmen's Meeting on Saturday morning before Christmas and also be- fore New Years. The meeting adjourned at 11:05 P.M. A true record, Attest: iirare°712(7-f-e-1-1-7— 86 SELECTMEN'S MEETING December 17, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, December 17, 1951. Messrs. Emery, Gay and Hoyt were • present: The Clerk was also present. Mr. Gay served as Chairman in the absence of Mr. Nick- erson. Hearing wa3 declared open upon the appli- Appli- cation of the Lexington High school' Building cation for Committee for permission to install two under fuel tank ground tanks for the storage of 12,500 gallons of #5 fuel oil on premises of the new Senior High School located on Park Drive. The appli- cation was approved December 11, 1951, by Captain Bernard Belcastro, Lexington Fire Department. Mrs. Ruth Morey and Mr. Charles H. Norris were the only persons present in favor and no one appeared in opposition. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve the application and sign the license. Hearing was declared open upon petition of the New England Telephone and Telegraph Company and the Boston Edison Company for joint pole locations on Fern Street. No persons were present in favor or in opposition and approval was recommended by Mr. Burns,Town Engineer. Upon motion of Mr. Hoyt, seconded by Mr. Pinery, it was voted to approve the petition and sign the order for the following pole locations. Pole Locations Fern Street - Between Moreland Avenue and Independence Road. Four poles. At a point approximately 513 feet east of Moreland Avenue, one pole. This petition is for a grant of identical location for an existing pole. The location for the pole covered by the orders listed be- low, in which the pole is not now installed, or if erected, has been removed without replace- ment, has been abandoned. Fern Street 7-8.46 Book 26, Page 4. Mr. Burns retired at 7:10 P.M. =7 1 87 Messrs. Daniel A. Lynch, Edward J. Connors and Thomas F. Connors met with the Board. Mr. Lynch said that he did not have much to say and that he spoke to the Chairman the end of the week and he told Mr. Lynch how he felt, how Mr. Driscoll felt and how he thought the other members of the Board felt. He said that he is content to "take his hair down" and have the Board do so and see where "we are heading in". He explained that Alan Adams also opposed a fourth Package Goods Store and did not hide the fact; however, he had.an editorial in his paper which Mr. Lynch read. Mr. Lynch invited the Board to interrupt him at any time and mentioned the fact that the voters of Lexington voted for Package Stores, and voted to restrict the areas where Package Stores could be located. He explained that the A. B. C. was created by Legislature and given very, very broad powers. He said that those powers were no concern of his or the Board's. He referred to the fact that both the Select- men's hearing and the A. B. C. hearing were publicized and the only persons in attendance were those in favor of the applications or those who attended from East Lexington to oppose one store; no one else was interested. Connors He said that at no time was there any expression Bros, of opinion about issuing a fourth license. The 1952 only person registering opposition was a Mr. License Gilman and he opposed all applications. He said that on one other than Gilman opposed Connors Bros. - that is no one but the Board of Selectmen. The Chairman said that the Board did not oppose Connors Bros. It opposed all of them. Mr. Lynch agreed that the Selectmenopposed all applications as did Mr. Gilman. He stated that the A. B. C. is a Board created by the Legislature as is the Board of Selectmen and no one questioned the powers of the A. B. C. before the hearings, at which everyone had an opportunity to be heard. He said that if anyone questioned the powers of the A. B. C. that would have been the time to do so. He said that it was apparent to the Board that Connors' was the only case prepared intelligently. He said they expected, after the hearing, they would get the license. Up to that point they had no expectations whatso- ever. He said the Commission granted the license and not one single other applicant ob- jected to the decision of the A. B. C. He said that not one attorney opposed and if it were not a fair decision, there would have been complaints. SR Mr. Lynch said that he regretted to see Lexington tied in with some of the other towns in the press, and he thought the Selectmen were misquoted and misrepresented iii`the press. He said that Lexington's case is in no way comparable to the other cities and towns. Mr. Lynch discussed the subject at length and informed the Board that if the. 1952 Package Goods Store is not granted by the Selectmen, the entire procedure will have to be gone through again. Mr. Hoyt said that there is no quarrel with the A. B.C., but it is the Board's feel- ing as to what is or what is not needed in this town. Mr. Lynch said that the A. B. C. has ordered the Selectmen to issue a license and that Connors are in business and have a valid, legal binding license to be in this business; they are present on application for renewal and Mr. Lynch said that he felt it should be renewed routinely as the other applications are. He said that he does not know how any other case was conducted before the A. B. C. but this particular case was handled as he Connors would have handled any Other case. He said Bros. that no money was passed to anyone by anyone. 1952 He explained that when his job was done he License sent a bill the same as he would send a bill to the Town for doing a job. They paid him by a check and out of the check he made the disbursements on the case and no other money was passed to anyone at any other time. Mr. Stevens arrived at the meeting at 7:35 P.M. and Mr. Driscoll -arrived shortly after. Mr. Lynch said that he hoped it would not be necessary for him to go back to the A. B. C. and if he did, there is no assurance that they will grant the license. He requested the Board to handle the renewal as a routine matter and explained that it is entirely within the law. He said that if the Board does not grant the renewal, the case will have to be tried all over again which will be an•ex- pense to Connors Brothers. The present license is good only until December 31st and Connors are in•business. He said that he would not like to see them out of business for a period of time during which the A. B. C. hearing -is advertised, held and a decision made. Messrs. Lynch and Connors retired at 8:50 P.M. 1 1 Later in the evening Mr. Stevens informed the Board that Mr. Lynch was correct and that .if the Board did not grant a license ,.Connors Brothers would have to go all through the pro- ceedings again. He further stated that other applicants could apply because there would be a license available. The Chairman asked if the Board wanted to discuss the application or hold it over. Mr. Driscoll said he thought the appli- cation should be considered this evening and Mr. EYnery agreed. Mr. Driscoll made a motion that Connors Brothers application for renewal of a Package Goods Store license be granted. Mr. Hoyt said that he was not ready to vote for it in that way. He said that because of Mr. Lynch's explanation this evening and Mr. Stevens' confirmation he does:, however, feel differently about it. He stated that he still feels that, in principal, he does not want to vote for this license, but because of possible hardship to the applicants, he would vote under protest, Mr. Finery said that he felt the same and thinks the principal the five members of the Board has established and endorsed has not changed. However, he does not want to make an undue hardship on anyone. He said that if this motion could be worded in such a way as to embody that the Board renews the license under protest and all the members go along he •would vote for it. Mr. Hoyt said that he still has not changed his position taken when the Board refused to grant the fourth license and he still does not believe there is a necessity for a fourth package store, but as long as the app lieant°has the license and is in business there would be a hardship created if the Board does not renew-the license. The Chairman said that he would go along and Mr. &eery said that he would like to have Mr. Nickerson vote the same way. Mr. Gay telephoned to Mr. Nickerson and explained the situation to him, that Messrs. E}nery,.Hoyt, and Gay will sign the license under protest because they do not want to create a hardship. Mr. Gay reported that Mr. Nickerson was willing to have the vote written that the license is being signed under protest because of the possibility of creating an un- due hardship. 89 Connors Bros. 1952 License 90 Upon motion duly made and seconded, it was voted to grant a license., under protest, to Thomas F. Connors and Edward J. Connors, d.b.a. Connors Brothers, 1700 Massachusetts Avenue, for a Package Goods Store to sell all alcoholic beverages; said license being granted under protest because the Board is still of the opinion that a fourth Package Goods Store Lic- ense is not necessary and also because of the possibility of creating an undue hardship on Connors Brothers. Mr. Stevens reported informally on the East Street claims and said that he cannot give the final figure -yet on Bailey. He said that all the claims can be settled within the $3,000 appropriation with the exception of the Bailey claim which will be either $650 or $700. He said that starting from Adams Street down to East Street, there was a claim for Wilson which is being settled for $50. On East St. the right side, also Wilson and someone else, Claim the amount taken has never been determined, and they have agreed to $100.. Baskin made no claim on his greenhouse. His last proposition was that he will take $500 plus the conveyance to him of a 20 foot strip adjacent to his pro- perty on Adams Street. This will come out of the land acquired for the Fiske School. He explained that this will have to be approved by the Selectmen, School Committee Appropriation Committee and then by vote of the Town Meeting. Morrow's claim is $1,500; Kelley,, 100 and Ulendorf, $300. He said that these cases were supposed to be tried today if they were not settled and they have all been settled with the, excepti®ia of. -Baskin whish uil7. have to go to Town Meeting, -and Bailey, Mr. Stevens informed the Board that Brad- ford's bill in equity was drawn and he will file it. He also reported that the Scurto case comes up again tomorrow. Mr. Burns returned to the meeting at 8:00 P.M. Mr. Stevens referred to the easements on Williams Williams Road and said that he had talked to Road both Mr. Burns and Mr. Nickerson on the subject. Easement Mr. Burns wants to start in the land with the drainage trench and Baskin is willing to sign an agreement giving the Town an easement. 1 91 Mr. Emery referred to the Stevens gravel pit and asked if there was anything that the Town could do even if the case were lost in Court. He said that he was concerned because with the freezing weather, children skate on the pond which is f1 een feet deep. He asked Stevens if there is. any way to make an individual abate Sand a nuisance on his property and Mr. Stevens re- Pit plied that there is a civil liability for an attractive nuisance. Mr. Emery wanted to know if the Town would be held morally negligable if a child were drowned and Mr. Stevens agreed to dis- cuss the matter with Mr. Nickerson. Letter was received from the Board of Assessors with reference to Biagio Cacciola's water betterment assessment. The Commonwealth paid damages including $52.50 which was the amount due for 1950, but through oversight failed to pay the balance for 1951 through 1959 amounting to $472.50. It appears that the bal- ance is uncollectable, according to advice of Mr.. Abel in the recent State Audit, and he suggested that the Assessors present it to the Board for abatement. Mr. Stevens requested the Clerk to for- ward him a copy of the Assessors letter. Mr. Stevens retired at 8:20 Y.M. Caccicola Betterment Assessment Messrs, Ralph Havey and Robert P. Hewitt met with the Board, at their own request, to discuss application for a Second Class Agent's license. (Satisfactory character references were received on both applicants from the Chief of Police.) Mr. Hewitt said that the maximum number of cars would be fifteen or twenty as there Havey & isn't room for more. He explained that the Hewitt location is next to the Village Variety Store 2nd Class at 93 Massachusetts Avenue, and if necessary Agents he can store the cars at the garage in the License rear. Mr. Hoyt asked the purpose of coming to Lexington and Mr. Havey said that he worked in Arlington all his life and worked for some time for Mr. Ready who has the business at 3 Bow Street and he knows many people in Lexington. He explained that only forty or fifty feet of the lot will be used and it will be a full-time operation. Mr. Hewitt, however, is connected with the Ford people in Boston and does not intend to sever his connection. 92 Mr. Gay asked if the -cars would be out nights and Mr. Havey explained that the normal procedure on used car lots is to leave them out nights. The Chairman said that the Board would consider the application and advise the applicants of the Board's decision. Messrs. Havey and Hewitt retired at 8:30 P.M. Decision on the application was held over. Mr. Burns and a Mr. Harvey met with the Board. Mr. Harvey explained that he had re- quested an appointment to point out how the means of accessto his house has been inter- fered with by the construction of new Paul Revere Road, and said that he hoped the Board would restore the access to the condition it was before construction. - He presented a plan,. which he said was a tracing of the County's plan of the road, and pointed out on the plan the driveway which he Harvey prefers. He said that Mr. Burns feels that Complaint ledge may be encountered and therefore, did re Paul not want to make any commitment. However, Mr. Revere Rd. Harvey said that he still would like to have the grades changed. Mr. Burns explained that he had some grades taken in the driveway and he could not see much to be gained by a change in grades. Mr. Burns said that because of the amount of money involved and the possible danger to the house by blasting he did not want to take the responsibility of making any decision. The Chairman suggested, and Mr. Havey agreed, that the Board study the problem and said that Mr. Burns would get in touch with Mr. Havey. Mr. Havey retired at 8:45 P.M. Mr. Driscoll asked if any of Mr. Havey's land were taken and Mr. Burns replied that there never was any established street line. It was agreed that Mr. Burns would discus® the subject further with Mr. Harvey in an effort to work out a solution and then refer it to Town Counsel for his comments. Letter was received from the U. S. Army Corps of Engineers requesting the Town authorize the construction contractor, J. F. Fitzgerald Corp. to connect the 8" water line serving Wing "B" of.the Air Defense Laboratory to the exist- ing 8" main in Wood Street. 1 1 93 Mr. Burns explained that he had requested the Engineers to submit the letter before he made the connection. Mr. Burns referred to Mrs. Mary V. Chiesa'a sewer betterment assessment on Adams Street and said that in March the Board advised her that when the assessment was made the Board would consider\ef erring the payment on that portion of her land which is not being used. He said that she has now received her bill in the amount of $1,120,79. Be took the total frontage and allowed 25 feet, amounting to $295, from her total assessment which means she will pay $295._now, leaving a balance of $825.79 to be deterred without interest. Chiesa Upon motion of Mr. Emery, seconded by Sewer Mr. Driscoll, the following vote was passed: Betterment Under the provisions of Chapter Assessment 159 of the Acts of 1950, to ex- tend the time for payment of sewer betterment assessment of $825.79, without interest, levied against property of Mary V. Chiesa, until said land or any part thereof is built upon; 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 fac- ilities of the water main are used for said land or any part thereof. Mr. Burns referred to the sewer in Fair Oaks Drive and explained that Mrs. Reuben Preston, 18 Fair Oaks Drive, believes she should receive $148., the cost of constructing her driveway, for permitting the Town the right to go through her property. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to obtain an easement from Mrs. Preston in payment of $148., it being definitely understood that the construction of a driveway is her res- ponsibility. Mr. Burns retired at 9:15 P.M. The Chairman read a letter from the East Lexington Men's Club calling the Board's attention to the following: Preston Easement 94 1. Lack of adequate warning to automobile operators that fire apparatus is about to enter Massachusetts Avenue from the East Lexington Fire Station. 2. Hazardous street crossing for pedestrians crossing Massachusetts Avenue in the Traffic at vicinity of Curve Streetduring the East Lex. early morning and late afternoon heavy Fire traffic periods. Station The Club voted to request the following: 1. Provide a light on Massachusetts Avenue .to warn drivers. 2. Station a police officer at this location or provide a traffic light to stop automobile traffic at reason- able intervals. The Chairman said that this location has been discussed for several years but nothing has been done and suggested the installation of a flashing light at the Fire Station similar to the one at the Central Fire Station. Mr. Emery explained that such a light has been planned for. Mr. Hoyt suggested creating a 20 mile zone from Marrett Road to Pleasant Street. It was agreed to request the Chief of Police to present any comments or recommendations he may have relative to the establishment of the 20 mile speed zone. Mr. Gay brought up the subject of cars parking on both sides of Pollen Road during church services at,theSacred Heart Church and said that because of the congestion he Parking would like to have parking on one side only. Saored Mr. Driscoll said that the Chief has had Heart more experience in such matters and suggested Church that he be consulted. Mr. Emery suggested, and the Board agreed that the Chief be asked for any constructive suggestions that he may have. Upon motion of Mr. Hoyt, seconded by Mr. Cert. of Driscoll, it was voted t� sign a certificate .Incorp. of incorporation for Rev. Harold T. Handley, et al; corporation to be known as the Lexing- ton Counseling Service, Inc:. 1 Letter was received from Ralph F. Johnson, 16 FYnerald Street, Lexington, offering to pur- chase Lot 477 Balfour Street for 00. The Board looked at the lot on a plan from the Engineer's office and preferred to sell Lots 476 and 477. However, before making any decision it was agreed that the Board should view the Lots. Further consideration wasiven to Mrs. Catherine R. Cuming's offer of 050 for Lot 251 Wood Street. As a°result of the advertisement in the December 13, 1951, issue of the Lex- ington Minute -Man two other offers were received. Mr. Robert C. Johnson, 60 Y(ood Street, offered $125 and Mr. Henry Garten, former owner, offered $50. The Clerk was instructed to find out the amount of back taxes and bring the information to -the next Board meeting, together with a plan. Letter was received from Harold Conant about pollution of Vine Brook from the dump on Lincoln Street. The Clerk was instructed to give a copy of the letter to Mr. Burns and ask if the statements in Mr. Conant's letter are true and if so, the Board is to check with Town Counsel. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to approve the following licenses: George R. Reed & Son Mrs. Sidney B. Heywood Mary A. Rowland Village Variety Charlotte T. Colby .Bradford Motor Co. Morris Motors Hardy's Garage Lex. Theatre, Inc. 1721 150 271 93 73 34 400 915 1794 Mass. Ave. Lowell St. Marrett Rd. Mass. Ave. Waltham St. Bedford St. Waltham St. Waltham St. Mass. Ave. Com. Viet. s a a g � a Innkeeper 1st. Class a a 8 n Tax Title Property Tax Title Property Complaint Licenses Agent r a Sunday Movies The following prices were received for voting booths: Benjamin J. Pickering - $875 for 50 booths, standard size, made of wood. Custance Bros. - $637 for 49 booths, t� match existing booths. W. E. Kelsey 4 Sons - 2 -stall collapsible voting booth, complete with storage case 4 $47 each. Voting Booths 9� This information is for the 1952 Elections Departments Budget. The meeting adjourned at 10:20 P.M. A true record, Attests At a Special meeting of the Board -of Selectmen held on Saturday, December 8, 1951, attended by all members, it was voted to advise Mr. Harold E. Roeder, Chairman of the Board of Fire Commissioners to include an item in his 1952 budget to cover the cost of installing tappers in his house and to provide the nec- essary wiring to install tappers in Mr. Fitz- geralds house on Richard Road if and when it is constructed.