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HomeMy WebLinkAbout1952SELECTMEN'S MEETING January 7, 1952 97 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday, January 7, 1952, at 7:00 P.I. Chairman Nickerson, Messrs. Beery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt of Public Works and the Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for joint or identical locations of three poles on Oak Street. No persons were present in favor or in opposition. Mr. Burns informed the Board that the proposed poles will have to be moved back when Pole Oak Street is constructed. The Companies are Location not ready to do anything about moving the poles at the present time. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to approve the following pole locations, to be moved when Oak Street is widened: Oak Street, southeasterly from a point approximately 400 feet southeast of Massachusetts Ave. (3) three poles. (2) two exist- ing jointly owned poles to be removed. At 7:03 P.L hearing was declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Company for joint or identical locations of four poles, three guy wires and anchors on Grove Street. Messrs. Ernest Johnson, Everett Kourian and Royal Chandler were present at the hearing. The Chairman presented a plan submitted by the petitioner and Mr. Burns explained that if any anchoring is to be done on private property it is up to the petitioner to contact the property owners. He stated that the Town is concerned only with what is shown on the plan as being located in the street. Mr. Johnson said that he is interested only in possible blocking of the road and whether or not the poles will be located on his property and Mr. Kourian said that he does not want any installation unless he knows about it. The Chairman informed the group that the Board will note to the petitioner that if these locations are approved, the petitioner is to contact the people whose property the poles abut. Pole Location 98 Underground Conduit Old Adams School Lot Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the petition and sign the order for the following locations, providing the poles still remain on the north side of Grove Street: Grove Street, -northwesterly from Robinson Road, Four (4) poles. Two guy wires and anchors to the first pole. One guy wire and anchor to the second pole. One existing i/o pole to be removed. The group retired at 7:20 P.M. Hearing was declared open upon petition of the New England Telephone Company for permission to lay and maintain underground conduits and manholes, with the wires and cables to. be placed therein, under the surface of Locust Avenue. No persons were present in favor or in opposition. Upon motion of Mr. Miery, seconded by Mr. Gay, it was voted to grant the following under- ground conduit location: Locust Avenue: From a point approx- imately 69 feet southwesterly from intersection of Massachusetts Avenue, southwesterly, southerly and south- easterly -to pole #56/3, approximately 334 feet. Mr. Burns retired and Rev. Francis J. Murphy, pastor of the Sacred Heart Church met with the Board. He explained that he was present in re- gard to the parking problem at his church. He stated that he had a visit from the Chief of Police who said that it had been recommended that the angle pdrking be abandoned on Follen Road. He said that he thought it might be possible to secure the vacant land opposite the Pollen Church on Massachusetts Avenue and if so it would relieve the pressure. The Chairman asked if the parish would make an offer and Father Murphy replied that he would go to see the Archbishop. The Chairman said that he did not know whether the land could be sold or not, but that the Board would be glad to listen to • Father Murphy's idea, consider it and see what the situation.is. sta 1 He explained that the Board had asked the Chief to study the situation and let it know how many parking spaces would be lost if the angular parking on the southerly side of Follen Road were changed to parallel parking. Mr. Hoyt asked if Father Murphy thought the area would be used and he replied that he thought the people coming toward the church would use it. Mr. Gay mentioned the possibility of leasing the property and Father Murphy said that he would be willing to secure it under any conditions because the situation is so acute something must be done. Mr. Driscoll asked if the area would be used for public parking and Father Murphy replied that anyone could use it and it took cars off the street for the Follen Church worshippers it would be all right. The Chairman said that the Board would try to find out what can be done with the land and Father Murphy retired at 7:35 P.M. Mrs. Lufkin, Mr. Dalrymple and one other individual, representing the Lexington Cab Co., met with the Board. 99 Old Adams School Lot The Chairman said that he believed he had covered the problem when he visited the office the other :day and reported that the Board had an application from,Mr.: Durkin for a taxi stand at Finery Park opposite the corner store. Be said, in the interest of taxi service in the Town, the Board felt compelled to consider any such application and knew that the Lexington Cab Co. had very decided views on the subject when the question was raised before about Taxi these two'stands. Stand Mr. Dalrymple said that the location is so close to his business that there will be friction between his drivers and Durkin's drivers. He said that Mr. Durkin could have had a telephone in Charles Vaughn's office. The Chairman referred to the location at the Town Diner and Mr. Dalrymple said that he does not have a lease, but a word-of-mouth agreement. He said that he paid 4300 for the location and 4100 for a sign. Mr. Dalrymple also said that Mr. Hoxie., the Station Agent, -told him the railroad superintendent has three or four ideas re- lative to the station and it may be sold or torn down and if that happened, they would be without any stand, providing they gave up Waldron's. lob Mrs. Lufkin said that persons who call for a cab do not like to wait and if their cabs are out, the customers will take one of Taxi Durkin's if it is located so close. Stand Mr. Dalrymple said that business is good now, but in the summer the cabs very often just sit in the yard. The Chairman explained that the Board desired to be friendly about this.matter and see if there are any new angles. Mrs. Lufkin said that she still hopes Mr. Durkin does not obtain permission to use the two stands. Fawcett Betterment The group retired at 8:00 P.M. . Mr. Every said that he thought the Lex- ington Cab Company should release the stand at the Diner and Mr. Hoyt suggested that Mr. Durkin negotiate himself for the Diner location. Mr. Charles McLaughlin, a member of the law concern representing Richard B. and Robert J. Fawcett telephoned and explained to the Chairman that Fawcett's premise for requesting an abatement of sewer betterment assessments was incorrect. W. Thomas Napoli met with the Board at his request. The Chairman said that he thought the only thing that needs to be done to con- clude the matter of a water betterment assess - Napoli ment is for Mr. Napoli to write to the Board Betterment and ask to have the betterment deferred until Assessment such time as the land is divided and sold for house lots. Mr. Napoli said that this second assess- ment is a small figure and presumab$ he should pay it, but it would not be conaistent with the settlement of the first betterment on the same street. If the Board will allow him, he will write for deferment. He said that there is also the matter of his father's sewer betterment assessment of about $1,500 which he would also like to defer. He explained that P the sewer would better atter the property but the revised ZoningBy-law requires 125 foot lots and all the surrunding property is in lots of 50 or 75 feet. His father's land is all farm land hhd the betterments would be inconsistent insofar as the price of the lots are concerned. The Chairman explained that Mr. Napoli's father could write to the Board and explain the situation. He said that the Board considers such subjects on their merits. 1 Mr. Napoli agreed to write to the Board on his betterment and have his father also write. He retired at 8:20 P.M. Messrs. Every, Burnham, Cass and Cronin of the Board of Assessors met with the Select- men. The Chairman explained that the Selectmen have studied a chart prepared by Mr. Cronin. He said that the Board had written to the Assessors because the Selectmen know that with which the Assessors are faced and that they -have to put in a lot of time on their work. Mr. Burnham said that with a five -man Board two or three used to go out assessing, but with a three-man Board only one goes with Mr. Cronin. The Chairman asked if a three-man Board had made.it more difficult and Mr. Burnham replied that it has not the way they have been operating. He said that Mr. Cronin, working with one of the Assessors, has a very good idea of what the values should be. He reported that he and Mr. Cronin did 180 parcels of land in about six hours. Mr. Leland Emery said that it is difficult to judge what time will be required. He and Mr. Cronin selected some streets which itis doubtful if they will have to stop at all. He said that complaints have dropped off; the total being 41 or 46. Mr. Driscoll asked if the Assessors thought they were spending too much time in their work and Mr. Burnham replied that, although the town is growing, he did not be- lieve so. He said what they need is help in the office. He stated that if it is satis- factory to have only one Assessor go out with Mr. Cronin it will be all right. However, if two have to go out with him it will be too much. The Chairman said that if the Assessors are covering the work legally, and the Select- men knew they were, and theyare satisfied in their own minds, the Selectmen would certainly not interfere. • Mr. Burnham explained that only one man goes out with Mr. Cronin, but the entire Board determines the values. Mr. Hoyt said that smaller towns have a full-time Board and asked if Lexington was being adequately served. 01 Assessors 102 Transf er Cacciola Betterment Mr. Leland Emery said that he supposed at some point the Town will be large enough to need a permanent Board. Mr. Hoyt asked if'the full-time Boards worked in the office or what keptthem busy. Mr. Leland Emery replied that in some towns it is a rather easy job because the en- tire year is not occupied. He said that he would not say whether Lexington should go to 25,000 or. 30,000 population, -before it has a full-time Board; that is a question of judgment. He said that the land will be done this year. It may be done in 120 days instead of 25, but they hope to have it done before the tax bills go out. The Assessors retired at 9:50 P.M. Mr. Burns and Mr. Stevens returned to the meeting. Letter was received from the Board of Health requesting a transfer of 6103.91 to take care of 1951 bills. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to request the Approp- riation Committee to transfer the sum of $103.91 from the Reserve Fund to the Board of Health Expenses.Account. Letter was received from Town Counsel with reference to water betterment account #890 -Biagio Cacciola. He recommended that no action be taken at this time to abate any part of the balance of the betterment assess- ment and that it remain on the Collector's books as an account to be collected. Letter was received from Daniel A. Gorman offering 000 for a portion of the Land so-called Richards land on Grant Street, Offer adjacent to the Mabey property. Mr. Every suggested, and the Board agreed, that before any price is considered, the cost of the construction of the street be reviewed. Mr. Stevens informed the Board that he had reviewed the garbage contract, which is a two-year contract with option to extend it. It has only a one-year bond, however, and that was done with everyones approval • because the contractor had said it would be so ex- pensive to seoure.a two-year bond. The bond for the second year is supposed to be given the Town at least sixty days prior to the commence- ment of the second year. If the contractor does not present it, the Town can then terminate the contract. Garbage Contract 1 Mr. Stevens said that the bond protects the Town until April 17, 1952. From that time on there is no bond. If the Selectmen make no adjustment in the contract and the con- tractor does not furnish a security company ,bond, there is the question as to whether the Board wants to go without a bond or terminate the contract and hold the contractor person- ally liable for damages. If the Board has to pay more to someone else, Mr. Roketenetz will be liable for the difference. Mr. Stevens said that ordinarily there is no consideration for a promise to pay more money to anyone already bound to per- form under a contract. The Massachusetts Court has made an exception that if a.per- son bound by contract refuses to perform, then if the Board, on.the other side, agrees to pay him more money in order to get him to agree to do the work, there is consider- ation in that second promise. On that basis if Mr. Roketenetz refuses to perform, and the Board agrees to pay more money to -get him to perform, and then changed its mind, he could sue and collect. Mr. Stevens said that, this being so, he thought the Board could justify authority to pay him more money which would be done by an amendment to the contract, in- creasing the amount for the second year. He said that the Board would also want to consider, in the amendment, if the option to extend the contract for a third year is to be taken out. Mr. Emery asked how this would fit in with the By-laws requiring bids for amounts of $1,000 or more and Mr. Stevens replied that the Board would be amending a contract which now exists and in his opinion can be done. The Chairman said that Mr. Stevens seemed to infer that it really comes down to, a matter of the judgment of the Board and Mr. Stevens said that he is assuming that it is not going to be too large an increase. He said that if it were the thought of the Board to double the amount he would not approve it. He said that the Board should have some information as to what the town would have to pay if the Board were to readvertise and award a new contract. He said that he thought the Board might well consider amending the present contract. The Clerk was instructed to place the subject on the agenda two weeks from tonight. 102 Garb age Contract 104 Mr. William G. Potter, Chairman of the Board of Cemetery Commissioners, met with the Board and presented a plan of Westview Cemetery He explained that the land in Bedford adjacent to the cemetery is being staked out and if sold could possibly ruin that area of the cemetery. The Commissioners would, therefore, like to purchase fifty or seventy-five feet of land Article re and plant it with trees which would protect Cemetery the present cemetery area. He said that the Land Selectmen would have to purchase the land as the Commissioners do not have such authority and he thought it would be better if the Selectmen also inserted an article in the warrant to cover the subject. He explained that Mr. Spencer had been negotiating, on behalf of the Commissioners and they have in mind a figure of $1,000. There are two owners with which to deal and the dommissioners will continue the negotiations, Upon motion of Mr. Eaery, seconded by Mr. Driscoll, it was voted to insert an article in the warrant for the 1952 Annual Town Meet- ing relative to the purchase of a parcel of land located in Bedford,. adjacent to the West- view Cemetery, to be planted and landscaped but not to be used for burial purposes. Mr. Potter retired at 9:35 P.M. Mr. Stevens said that the Town.of Bedford ailed a Bill with the Legislature which will come up for hearing next Monday. He said that he had tried to secure copies but it has not Bedford yet been printed. Mr. Wright, of the Public Sewer Health, read Mr. Stevens his copy but he told Bill Mr. Wright he thought it was undesirable to have Legislation on the books'to have Bedford construct sewers in Lexington. He suggested that the Board attend the hearing and ask to have the Bill held in order to give the two towns an opportunity to complete negotiations. Mr. Stevens referred to Lots 131 and 132, Marrett Road and reported that a decree was entered in the Land Court and he recorded notice of disposition last Friday. The Board instructed Mr. Stevens to proceed to prepare the deed conveying these two lots to Nicholas Thambash as voted by the Selectmen in 1945. Mr. Stevens retired at 10:00 P.M. Tax Title Property 1 10.5 The Chairman mentioned the fact that some decision should be made as to what Streets streets are to be recommended for acceptance to be so that articles may be inserted in the considered warrant and hearings scheduled. It was agreed to consider Woodcliff e, Normandy, Hudson, Underwood; Castle, Hayes, Wilson, Hillcrest; Preston, Independence and Barrymeade. Letter was received from Joseph A, Buss., 52 Lowell Street, together with an estimate of cost of two new tires in the amount of $52.10. He claimed to have damaged two tires, beyond repair, driving over a hole in Woburn Street. Mr, Burns reported that there was a Buss water trench, to service Modoono's new house, Claim which was filled, but part of it was lost. He said there is no doubt about the fact that the trench went down but he questioned the extent of damage. The claim was referred to -Town Counsel. Letter was received from Tekia and Elsie Berlin, 792 Waltham Street, -with reference to a water betterment assessment in the amount of $120. The house is located on Lot 38 Tekla and part of Lot 37, which is near Blossom- Water crest, but it faces Waltham Street and is Betterment serviced from Waltham Street. -The Teklas are Assessment' willing _to pay the betterment on Lot 37 which they claim is approximately ten feet. Mr. Burns said that he thought the request for abatement of a portion'of the -bill is justified. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to abate an amount of the bill to be figured and recommended by Mr. Burns. Letter was receivedfrom Francis L. Barry, 36 Paul Revere- Road, advising that his lawn was damaged by a scoop shovel - owned by S: Cali, contractor installing a water main. This is something between Mr. Barry and,Mr. Cali, but Mr. Burns agreed to contact Mr. Cali. Barry Claim. Letter was received from Neil McIntosh with reference to a water betterment assess- McIntosh went levied against land owned by him and ' Betterment located on Wachusett Drive. He requested an Assessment abatement of the $300 betterment inasmuch as the -land is assessed for only $1004 The Board agreed to view the property before making any decision. 106 Letters were received from the U. S. Sewer and Army Corps of Engineers regarding water Water - supply for the Air Force Bedford Research Bedford Center and Hanscom Air Base and also sewage Research disposal for same. Both letters were referred Center . to Mr. Burns.with instructions to bring them up again when he has.had an.opportunity'to study them. Letter was received from Donald K. Irwin, Bldg. By- Chairman of the Committee to revise the law Com. Building By-laws, advising that the Committee Clerical .estimates the cost for typing the necessary Work Funds data for printing to be 4150. It was agreed to include the sum of $150 in the Unclassified Account to be used by the Building By..law Committee for clerical work. Report from the State Division of Insurance Insuranpe of the recent examination of the Report Lexington Retirement System was noted and placed on file. Tax Title Property Uses of Halls The Chairman'and Mr. Burns retired at 10:45 P.M. and Mr. Driscoll acted as Chair- man for the r est of the meeting. Letter was received from Mrs. Catherine R. Curring, 425 Washington Elms, Cambridge advising that she will pay 450 plus 440.02 costs, price entertained by the Board, for Lot,251 Wood Street, adjacent to Lots 252 and 253 which she now owns. - Upon motion of Mr. Gay, seconded by Mr. EMery, it was voted to,sell and convey Lot 251 Wood Street, Lexington, to Mrs. Catherine R. Coming for a total amount of $90.02. Application was received from John J. Driscoll, on behalf of the Knights of Columbus, requesting permission to conduct a Sports Lecture in Estabrook Hall on the evening of January 24th. . Inasmuch as a Cary Lecture has been scheduled in Cary Hall for the same evening, it was voted to deny the application and to advise Mr. Driscoll that the Board would con- sider a request for the use of the hall on some other evening. Upon motion duly made and seconded, it was voted to grant the following uses of halls: Marcia Dane Estabrook Hall Citizens Meeting 1/28 fret Rev. Crawford Smith Cary Hall Concert 2 1 435. Bos. Mktt Gardeners " •" Banquet 2/21 35. Lex. Lions Club ? " -Concert4 35. Lex, Choral Society " " Rehearsal 4/28 free Lex. Choral'Sooiety " " Concert .4/27 free CZI 107 Upon motion duly made and seconded, it was voted to renew the following licenses: William DeFelice •Anthony Ferriera Simonds Pontiac Lexington Theatre Licenses 80 Westview Street 249 Marrett Road 7 Mass..:Avenue 1794 Mass. Avenue Peddler lat Class Agent Sunday Movies Mr. William F. Reidy's Application for renewal of his Second Class Agent License at 109 Massachusetts Avenue was held over. The meeting adjourned at 11:05 P.M. A true record, Attest: 108 SELECTMEN'S MEETING January 14, 1952 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, January 14, 1952 at 7:00 P.M. Chairman Nickerson, Messrs. finery, Gay and Driscoll were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. At Mr.:Nickerson'e request, Mr. Gay served as Chairman. Mr. Delaney, representative from the Registry of Motor Vehicles, met with the Board and explained that the Registrar had instructed him to visit various cities and towns, with reference to speed zoning, par- ticularly on Route 2. He explained that the new portion of Route 128 will be zoned for 55 miles per hour. The Board had no object- ion and Mr. Delaney retired at 7:25 P.M. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of J/0 pole Pole location on Revere Street. Notation of Location approval was made on the plan by Mr. Burns. Upon motion of Mr. Emery, seconded by Mr. Nickerson, it was voted to approve the petition and sign the order for the following J/0 pole location. Revere Street, northwesterly side, approximately 565 -feet southeast of Hancock Street, one pole. Letter was received from Oscar W. Carlson, 43 Fair Oaks Drive, requesting ex- tension of water main to service Lots 139 Request and 140 Outlook Drive. Mr. Burns reported for water that this man is a builder and wants to erect Outlook a house on these two lots. He applied for Drive water and Mr.' Burns told him he could not make any guarantee and that the Board had set the date for filing applications as October 15, 1951. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to place the request on file. Bedford Sewage Disposal Letter was received from the Bedford Board of Selectmen with reference to the apportionment of costs of sewage disposal and requested a meeting between the engineers of both towns to discuss costs. 1 1 109 it was the unanimous opinion of the Board that very definitely no commitment should be made and Mr. Nickerson agreed to compose a letter in reply, to be approved by Town Counsel, and submit it to the Board at the next meeting. Mr. Stevens arrived at 7:30 P.M. Letter was received from attorney Harold E. Dondis, 10 Post Office Square with refer- ence to Algonquin Gas Transmission Company, D.P.U. No. 9684. A hearing relative to eminent domain proceedings affecting lands Algonquin in Lexington is to•be held at the Council Gas Chamber, City Hall, Waltham, on Monday, Hearing January.2lst at 10:00 P.M. • Mr. Burns explained that the line is coming down the shoulder of the Concord Turnpike on Route 2. Mr. Stevens reported that this company is to take care of the Boston area and south- eastern Massachusetts; Northeastern Gas Com- pany has everything else. He said that it does not seem necessary for anyone to attend the hearing, but agreed to check the subject further and advise the Board. Letter was received from Nathaniel Hamien, 11 Pemberton Square, Boston asking if the Board would consider a firm offer for all the lots now absolutely owned by the Town in the "Meagherville" area. If a price can be agreed upon, Mr. Hamien suggests a small down payment, with the balance to be taken back by the town on a mortgage secured by the land. Mr. Stevens said that he would have to check this and requested that a copy of Mr. Hamlen's letter be sent to him. The Chairman read a letter from the Planning Board with reference to articles that Bowra: would• like -inserted in the warrant for the March meeting. There are three amendments to the Zoning By-law - correction of a description of the business zone at the junction of Waltham Street and Concord Avenue; enlargement -of the business zone on the opposite corner, owned by Mr. Lima; addition of a C-1 zone on Waltham Street, adjacent to Vine Brook Road; appointment of a committee to study a new addition to the Town Office Building to create additional office space. Meagherville Articles 110 Street Acceptances The Planning Board also recommended that land for the extension of certain streets and the creation of new streets should be secured now. The letter also mentioned that it is the understanding of the Planning Board that an article would be inserted in the warrant re- lative to the construction of Edison Way and accompanying public parking space. The Clerk was instructed to send a copy of the letter to Mr. Burns, Supt of Public. Works, and also to Mr. Stevens, Town Counsel. Another letter was received from the Planning Board suggesting that it would be wise planning to prepare some means of accept- ing streets now being built by subdividers under the present subdivision regulations. The plan recommended would be to notify the Selectmen immediately upon release of the contractor's bond required for the construct- ion of new subdivision streets. Acceptance procedures would then be instituted at once and everything would.be in readiness for a vote of acceptance by the Town Meeting at its next session. Mr. Stevens, said that the Selectmen has the authority to make layout and would make a lay out on its own motion and then could give the notice of a hearing and present the streets for acceptance at the next Town Meet- ing. He explained that there would be no expense involved, no appropriation required, and no damages awarded. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to accept the procedure as outlined by the Planning Board. Mr. Nickerson agreed to do advise the Planning Board. The Clerk.was instructed to send a copy of the letter to Mr. Burns and to Mr. Stevens. Messrs. Stevens and Burns retired at 8:45 P.M. Mr. John Brucchi met with the Board re- lative to a water betterment assessment Brucchi levied against his property on Paul Revere Water Road. Assessment Mr. Bruochi said that he had water in his house all the time and no one approached him about the installation but he received a bill. He said -that he had been getting water from Kenneth Nutt's house on Columbus Street, but changed over to the Town since the main was installed. 1 1 The connected affirmati The connected The with the the Board Counsel. Mr. take had but that Burns. Chairman asked if Mr. Brucchi is now with the Town and he replied in the ve. Chairman asked on what street he is and he replied Paul Revere Road. Chairman said that if he is connected Town, but he has had another source, would have to check with the Town Brucchi said that he thought a mis- been made in figuring his frontage, he would take the matter up with Mr. Mr. Brucchi retired at 8:50 P.M. Mr. William H. Sullivan and Mr. Linwood E. Palmer, Jr. atet with the Board. Mr. Palmer said that he would like to find out a few things about the petition. filed for the acceptance of Milk Street. Mr. Nickerson explained that he wrote the letter in reply to the petition and ex- plained again that the Board set a dead line of October 15, 1951 for 1952 projects. He also explained that ten or more registered voters may file an article for the warrant but the closing date was January 7th and therefore the request for the street con- struction and petition were too late. Mr. Palmer said that he had only nine names on the petition because it represented 75% of the property owners which he thought was sufficient. The Chairman'explained that the petition was not a petition to have an article inserted in the warrant, but merely a request to have the street accepted. Mr. Nickerson suggested that they file a petition some time the first of Septexaber, 1952 with signatures. The Chairman explained that following the request for acceptance, the Engineering Department will estimate the cost of con- struction and the estimated betterment costs will be prepared for signatures of property owners. He said that the figure is only an estimate and the actual cost may be less, but cannot by law, be any higher. Mr. Nickerson explained that this Board cannot commit any future Board but the for- mula has been to assess the cost of the street and assess 50% of the cost of drainage involved; the total amount for drainage. He suggested that a petition be filed, with signatures before October 15, 1952. Brucchi Water Assessment Milk Street 1.12 Messrs. Sullivan and Palmer retired at 9:05 P.M. Letter was received from the State Depart- ment, of Public Works, with reference to the Traffic Board's letter of July 10th requesting recom- Signals mendations as to the advisability of erecting Concord traffic control signals at Waltham Street and & Waltham Concord Avenue. The State had a thorough in Streets vestigatiOn made and arrived at the conclusion that there appears to be no urgency for ped- estrian protection at this intersection. However, if the Town considers protection necessary, it is recommended that a semi - actuated signal with pedestrian push buttons be approved. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to take no action on installing traffic lights at this intersection in view of the report from the State. Letter was received from Lee E. Tarbox, advising that hewill pay $100 each for Lots 14 and 15, Block 17, Reed Street, plus the Tax Title water betterment assessments;. this price Property having been entertained by the Board. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted -that the offer beadvertised and further consideration be given at the next meeting of the Board. Letter from the Civil Service, together Welfare with a copy of the new Welfare Compensation Comp. Plan, was received from Mr. Collins, Welfare Plan Agent. The Board felt that this was probably something for the Town Counsel to check. Uses of Halls License Upon motion duly made and seconded, it was voted to grant the following uses of hails: r Jun. High School, Cary Hall, Apr. 23, rehearsal free Jun. High School, Cary Hall, Apr. 30, concert free S. W. Robinson Lodge, Cary Hall, May 3,.banquet $35 Upon motion duly made and seconded, it was voted to grant the Lexington Theatre, Inc. application for a Sunday Movies License. The meeting adjourned at 9:45 P.M. A true record, Attest: 1 SELECTMEN'S MEETING January 21, 1952 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, January 21, 1952, -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. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors to serve on a Jury Pool, beginning March 3, 1952 at Cambridge. The following jurors were drawn: Norton T. Hood, storekeeper,.;41 Reed Street and Daniel J. Griffin, electrician, 10 Hudson Road. 113 Jurors The Chairman read a letter from Mr. Burns relative to the water supply and sewage disposal at the Bedford Research Center. The Chairman informed the Board that Mr. Burns had walked the area with a representative of the engineering firm of Whitman and Howard. Mr. Burns said that since he wrote this letter, dated January 18th, he attended a meeting at which time he saw Howard who sent a man out to Lexington on Friday. Mr. Burns went over the route with him and showed where Bedford he (Mr. Burns) thought they could go without Sewage going in Ledgelawn Avenue. Mr. Burns asked Disposal that they parallel the railroad where it crosses Bedford Street up to a line at the projection of Hamilton Road and then cut across Mulliken's field to Hancock Street and from Hancock Street down to the gravity line. He explained that Howard's man was not prepared to make any commitment and that is where the situation stands at the present time. The Chairman read,a letter from Frank A. and Mary I. Napoli in reference to a sewer. betterment assessment in the amount of $1,584.15. The Napolis .claim that their land is not built upon and is being used for agricultural pur- poses,and therefore petitioned the Board to uabateu the assessment, referring to Chapter 159 of the Acts of 1950. The Chairman was authorized to advise the Napolis that the Board would defer the better- ment, but would not abate it. Napoli Sewer Betterment 114 The Board gave further consideration to Mr. Lee Tarbox' offer of $100 each for Lots 14 and 15, Block 17, Reed Street, plus water betterment assessment of $75.40. A proposal to sell these lots was advertised in the January 17, 1952 issue of the Lexington Minute - Man. As a result of the advertisement, an offer Tax Title of $150 for the two lots was received from • Property John E. Hossfield, 128 -Reed Street, Lexington. The Board viewed the lots on Engineer's plan which showed that they are not adjacent to Hossfield's property. Upon motion of Mr. Gay, seoonded by Mr. Driscoll, -it was voted to sell and convey Lots 14 and 15, Block 17, Reed Street to Lee E, Tarbox. Letter was received from Leonard Jellis, 115 Reed Street, offering $35 for Lot 3, Block Tax Title 91 Essex Street. Property No action is to be taken on tax title offers until some time in the Spring when the Board will view the properties. Munroe Road Acceptance The Chairman informed the Board that when Woodhaven residents came in with four streets for acceptance, Munroe Road was left out. Apparently the person who was responsible for submitting the petition lost it. Mr. Schloman telephoned Mr. Gay and also contacted Mr. Burns in an effort to have Munroe Road included in the group to be presented for acceptance. Mr. Burns reported that he had given the President of Woodhaven Associates, Inc. a petition for signatures and asked to have it returned this week. Mr. Emery reminded the Board that Mr. Sullivan, who met with the Board relative to acceptance of Milk Street, had been told that the time for filing petitions and articles in the warrant had expired. Mr. Burns said that he had no feeling in the matter beyond the fact that if Munroe Road is done at some future time, it may cost more money; Ln volume and location the contractor would be moving in to do only one street. Mr. Avery asked if it would make any dif- ference if it were constructed with other streets another year and Mr. burns replied that it probably would not make any difference. He explained,however, that if this street is not constructed now, a separate taking will have to be made for the drain. He said that Wood- cliffe Road is dumping down into the end of Munroe Road. 1 1 115. The Chairman said that he does not be- lieve this street is in the same category as Milk Street. Mr. Hoyt said that this is part of a group Munroe of streets and he thought the best interest of Road the town would be served if it were constructed Acceptance now. Mr. Emery said that as a matter of prin- ciple he did not like it. However, a majority of the Board was in favor, and upon motion duly made and seconded, it was voted to sign a notice of intention to lay out Munroe Road from Hudson Road to approximately 285 feet southwest of Woodcliffe Road. Mr. Stevens arrived at the meeting at 7:30 P.M. The Chairman referred to a letter re- ceived from Robert L. Ryder, in August 1949, with reference to petition heard before the County Commissioners for alterations and specific repairs to Waltham Street. Mr. Ryder stated in the letter that there is one change in the plan which he believed to be essential and that was a passageway in the middle of the taking connecting both lanes so the residents of his remaining lands would have access without going one-half mile beyond in either direction. For the proposed change the Lexington Estates Trust would convey the center island to the Town and such other lands as is required for the construction of a new street sixty feet wide in consideration of $2,000 plus all loam excavated from the street. Further considerations were that the large trees be cut and piled and all elm wood to be removed by the contractor. Mr. Burns presented a plan for consider- ation and it was the opinion of the Board that Mr. Ryder's proposal would not be in the best interest of the Town. Ryder re Waltham Street Letter was received from Mr. William Roger Greeley, together with report of the Western Waterproofing Corporation, in regard to waterproofing the east wall of the audit- Waterproof orium in Cary Building. A price of $2,000 ing Cary was quoted for appropriation purposes. If Building awarded the contract, the Company will give a five year guarantee and bond. The Chairman was authorized to contact Mr. Roeder, Chairman of the Fire Commissioners, to discuss the possibility of having water- proofing done at the Central Fire Station by this corporation. 116 Brucchi Water Betterment Wkmen's Comp. Fire & Police 19th of April Committee Red Cross Thermometer Bedford 1 Sewer Act. The Chairman read a letter from Mr. Stevens in reference to John Brucchi's water betterment assessment on Paul Revere Road. The Board felt that the installation of the water main had substantially bettered Mr. Brucchi's property and no abatement is justified. Mr. Burns retired at 8:00 P.M. The Chairman read a letter from Mr. Stevens in reference to Workmen's Compensation for Police and Firemen. Mr. Stevens said that he has no reaction to the proposed legislation and unless the Board has some particular reasons for acting on this, he could see no reason for taking any action. The Chairman agreed to discuss the subject with Mr. Converse Hill. Mr. Stevens said that he would write the Board on the Corrigan claim, amendment to By- laws regarding Lady Police Officers, and stamps now required on tax title sales. Mr. Stevens retired at 8:45 P.M. Letter was received from the Lexington Allied Veterans' Council listing nominations for members of the 19th of April Committee for 1952. Upon motion duly made and seconded, it was voted to appoint the following persons to serve as the 19th of April Committee for 1952. Jerome F. Garrity Wendell H. Irvine Malcolm H. Clifford Connell H. Albertine George E. Foster. Julius Seltzer Lexington Post, #3007 V.F.W. a n n Stanley Hill Post, #38 A.L. Lexington Minute Men Sons of Union Veterans Mass. State Guard Veterans Request was received from the Lexington Chapter National Red Cross for permission to erect a small Red Cross thermometer in Emery Park for the 1952 appeal from March lst until March 31st. The Board bad no objection and the request was approved. Mr. Ferguson came into the meeting in regard to House'Bill no. 1016, an Act author- izing the Town of Bedford to construct a main sewer within the Town of Lexington. He ex- plained that it might be possible to hold the bill up for two more weeks, but he would like to know if the two Towns arrive at any agree- ment. He said that he would send the Board copies of the bill. 1 1 117 Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve the follow- Uses of ing uses of halls: Halls Eetabrook Hall, Field & Garden Club, Meeting, free Cary Hall V.F.W. Dance free Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the following licenses: Lex. Theatre, Inc., 1794 Mass. Ave., Sun. Movies Bow Street Motors, 3 Bow Street, 2nd Claes Ag't. The meeting adjourned at 10:20 P.M. A true record, Attest: )!,e2gr/il Licenses 118 V n 1 1 1 1 119 SELECTMEN'S MEETING January 26, 1952 A special meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Saturday, January 26,-1952 at 2:00 P.M. -Chairman Nickerson, Messrs. Gay, Emery, Driscoll and Hoyt were present. The Clerk was also present. The following members of Committee were also present: Messrs. Cleveland, Patterson, Sullivan and Tucker. • the Appropriation Chairman Bateman, James, Reid, Smith, A five-day week recommended by the Board of Selectmen was discussed at length. Messrs. Patterson, Smith and Tucker of the Appropriation Committee were not in favor of the recommendation and felt that if the working hours for the Town Office personnel are to be reduced, the offices should be open one night a week. Mr. Patterson's argument for having the offices open one night a week or on Saturday mornings was to give the citizens an opportunity to pay real estate tax bills or discuss any discrepancy in the tax bills. The suggestion was also made that if the offices close on Saturday, they should open at eight o'clock in the morning. Mr. Emery was also in favor of having the offices open one night a week. The following action was taken on budgets: Public Works Supt. Office - Personal Services Approved by Selectmen No action by Approp. Committee Sup't. & Town Engineer Office Senior Manager - Connolly Clerk - McNamara Clerk - Griffin - Wilson - Brenton - Szili - Ryder - Stone 0 u a 'r Public Works Supt. Office - Approved by Selectmen Approved by Approp. Committee $8,000 per April lst of $9,000 $60.00 pere 45.98 39.93 38.50 37.30 35.10 35.10 39.93 Expenses $730.00 730.00 year as of with a top for the job week a a 11 u 11 a a a a a O a 120 Town Offices & Cary Memorial Bldg. Approved by Selectmen Approved by Approp. Committee - Personal Services $8,778.01 8,778.01 Town Ofgices & Cary Memorial Bldg. - EXpenses Approved by Selectmen 13,685.00 Waterproofing Cary Bldg. estimate 2,000.00 Mr. Reid recommended the use of expensive material for waterproofing Cary Building. He informed the group that the labor would be the same regardless of the material used and by using the best material, the water- proofing would last longer. Engineering Department - Personal Services Approved by Selectmen No action by Approp. Comm. Construction Engineer Junior Engineer, Grade 2 Junior Engineer, Grade 3 Ass't. Engineer (Higgins) Transitman (O'Connor) Draftsman (Lichtenberg) Rodman (Costa) 5,200 per 4,000 " 3,000 " 3;972 " 3;031 2;849 2,591 a a year a a a a The Chairman explained that a construction engineer would not be in the'office,much of his time due to the fact that he would be out in the field on projects. Mr. Patterson said that if the Town is to have another engineer, he recommends cutting the salary of the Town Engineer. Mr. James said that as he understands it, this is a new setup and the new man will be able to assume the responsibility of projects and will not have to depend entirely on Mr. Burns. Mr. Patterson said that his question is should the Town Engineer be separate from the Sup't of Public Works and he thought this might be a good time to make the break. The Chairman explained that in the days when there was. a Town Engineer and a Sup't of Public Works, the Town was not doing the volume of work which is being done now. Mr. Patterson said that he thought it would be more efficient to have an Engineering Department with a Town Engineer plus a Supt. of Public Works. The Chairman said that the Board of Selectmen is satisfied with the way Mr. Burns operates the Public Works Department and the Engineering Department. Mr. Hoyt said that the Board thinks it is more economical and efficient to let the Sup't. of Public Works handle the whole thing. 1 1 Mr. Tucker said that he would like to get a comparison of the work done in the past with what is contemplated to be done this year. Sewer Services - Wages & Expenses Approved by Selectmen 121 $30,600 No action by App. Comm. If the Sunnyfield sewer is not voted, the item of $6500 for 50 services can be eliminated. Sewer Construction - Sundry Streets Approved by Selectmen If the Sunnyfield will be increased Chapter 90 Construction $140,000 No action by sewer is voted,•this budget $230,000. 8,000 Mr. Bateman informed the Board that the Town must appropriate the amounts contributed by State and County and then be reimbursed. The meeting adjourned at 5:15 P.M. A true record, Attest: App. Comm. 122 SELECTMEN'S MEETING January 28, 1952 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, January 28, 1952 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. Hearing was declared open upon the pet- ition of the Boston Edison Company and the New England Telephone and Telegraph Company for removal and replacement of two J/0 poles on Lowell Street. The plan was approved by Mr. Burns. Pole No persons were present in favor or in Location opposition. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order for the following pole location; Lowell Street, northwesterly from a point approximately 1,160 feet northwest of Sumer Street - Two poles. (Two J 0 poles to be removed.) Petition was received from the New England Telephone and Telegraph Company for permission to remove one pole and place one pole on Bartlett Avenue. The plan was approved by Mr. Burns. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to approve the petition Pole and sign the order for the following pole Location location: Chapter 90 Lowell Street, approximately 570 feet northwest of Bartlett Avenue, place one pole. Also remove one pole. Letter was received from the State Depart- ment of Public Works indicating the following mounts as tentative 1952 Chapter 90 allotments Project State Town County Maintenance $1,000 $1,000 $1,000 Concord Avenue 8,000 4,000 4,000 Mr. Burns explained that the Town can ask to have the designation changed and this does not necessarily earmark the allotment for Concord Avenue. 1 123 The Chairman said that the Appropriation Committee informed the Board that all road building sums had to be appropriated by the Town Meeting and after the money has been spent, the Town would be reimbursed. When Mr. Stevens arrived at the meeting he informed the Board that the State and County pay after the work is completed. Last year the vote was drafted in such a way that the full amount was appropriated and a certain amount was transferred from the Excess and Deficiency Account. He stated that the Town will have to vote the 416,000, but it only costs 4400 and the 41200 will be transferred from the Excess and Deficiency Account. He said that the money can be borrowed but the simpliest method is to appropriate it and have an Excess and Deficiency reimbursement. Letter was received from Eugene T. Buckley, 22 Grant Street, together with estimate of damages to his son's car which he claimed was caused by a defect in Marrett Road. Mr. Burns reported that the incident occured at 10:30 P.M. and Mr. Wessinger had been around to inspect all of the trenches earlier in the evening and found them to be Buckley all right. The trench was backfilled with Claim gravel up to the top and patched in with cold patch. He said that it was a sewer service and the trench was not 31 feet deep as -claimed by Mr. Buckley. The only solution is not*, dig any trenches after October 15th until the first of May. The claim was referred to Town Counsel. Mr. Burns informed the Board that he had a session today with Mr. Marshall with reference to the acceptance of Bartlett Avenue. He told Mr. Marshall that if he obtained a few more signatures on the petition, it would bring the yercentage up to 70%, but that if he had 100% he did not think the Board would recommend construction of the street before the proposed sewer main is installed. Mr. Marshall now wants to present a petition for the sewer and the street and Mr. Burns told him to submit it this summer. Mr. Marshall would appreciate receiving a letter from the Board advising him of what action was taken. Mr. Stevens arrived at the meeting at 7:35 P.M. Bartlett Avenue 124 The Chairman read a letter from Mr. Stevens regarding Special Traffic Police for protection of school children. He explained that the Statute which provides for exempting them from Civil Service provides for such traffic police for school purposes only. Lady Mr. Emery asked if the special police Police could be used for intersections which are Officers perhaps not right next to a school and Mr. Stevens replied that the specific purpose has to be protection of the children going to and from school. He said this is the only way to get away from Civil Service. Mr. ,Stevens, Mr. Emery and Chief Rycroft are to meet on Thursday morning at 8:15 to determine who makes the appointments, payment of uniforms, duties, etc. Letter was received from Mr. Stevens Public with reference to the proposed Public Welfare Welfare salaries. He explained that the minimum Salaries rates are mandatory, but the annual increments are not mandatory unless the Town votes to . accept the provisions of Chapter 537 of the Acts of 1951. Letter was received from Mr. Stevens with reference to Mr. Nathaniel Hamlen's letter suggesting the purchase of lots in the Meagher- ville area which are now held by the Town under Meagher- foreclosed tax titles. ville The Chairman was authorized to advise Mr. Blackwell, acting for Mr. Hamlen, that the ., Board has not had a definite ruling, that there is a question of legality and further that the Board, because of this, is not interested in disposing of the property at this time. Mr. Burns retired at 8:20 P.M. Letter was received from the Massachusetts Welfare Federation Taxpayers' Association relative to Records Bill No. 403 to open welfare records to official investigation and allow public inspection of welfare lists. The complete correspondence was given to Mr. Stevens. Change In- Trani Inc. Notice was received from Joseph Trani, Incorporated that Joseph Trani, Jr. has been appointed Manager of the corporation. Mr. Stevens instructed the Clerk to check the Statute in regard to notifying the A.B.C. and call him. cio 1 125 Letter was received from Lee E. Tarbox, together with check in the sum of $203.75 Tax Title covering payment and recording fee of tax Property title lots 14 and 15, Block 17, Reed Street. He requested to have the water betterment assessment of $75.40 pro -rated on a ten year basis. The Town Counsel recommended, as a matter of policy, that the Board require payment in full of assessments against tax title property. Mr. Stevens retired at 8:40 P.M. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant the following uses of halls; Uses of Halls Estabrook Hall Feb. 26 Meeting Miss Dane Cary Hall Sept. 13 Fair Lex. Grange Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to grant a Sunday Movie License to Lexington Theatre, Inc. The meeting adjourned at 8:45 P.M. A true record, Attest: License 126 SFr,�,CTMEN' S MEETING January 29, 1952 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Tuesday evening, January 29, 1952. Chairman Nickerson, Messrs. Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Messrs. Gay and Emery arrived later in the evening. Notices were delivered by Constable to all property owners on Castle Road, Hayes'Avenue, Hillcrest Street, Independence Avenue, Preston Road, Wilson Road, Barrymeade Drive, Woodcliffe Road, Underwood Avenue, Normandy Road, Munroe Road and Hudson Road, advising that the Board would meet this evening at 7:00 P.M. for the purpose of making and establishing extensions and layouts. of. these etreets�'as accepted town'ways.. There were approximately sixty persons present and the meeting was opened and conducted as follows: Chairman: If too many people come and show interest the meeting will have to be adjourned to the basement of Cary Memorial. We might as well hold hearings on twelve streets simultaneously. We thought if we did hold them simultaneously there are certain matters of information which are pertinent to all the streets. I will preface the remarks by saying we will start with the hearings on the Streets in the following order: Wilson Road, Independence.Avenue, Preston Road, Hill- crest Street, Hayes Avenue, Barrymeade Drive, Castle Road, Woodcliffe Road, Underwood Avenue, Normandy Road, Munroe Road and Hudson Road. The form of the hearing will be that I will read the formality briefly. Then we will hear from those people who are in favor of the acceptance of the street. Then we will hear from the people who are opposed, if any. We will then hold a short period of rebuttal or discussion. From the fact we have twelve streets to consider, we will be short for time and will devote as much time as necessary to the dis- cussion of the first street because various matters are considered for one and will apply to all. We hope after we get through the first one we may be able to proceed at greater speed. Coo 1 Chairman: Mr. Ryder: , r. Burns: Ryder: Burns: Chairman: We will formally open the hearing on Wilson Road. If at any time it appears that we are too crowded we will go over to the basement of Cary. I will name a few genes eralities which will apply to all the streets. If there are any questions, they will be answered by Mr. Burns, the head of our Public Works Department. All of the streets are proposed to be twenty-four feet in width. .They will all have six foot grassed shoulders. Therewill be no sidewalks in any case. The surface of the street will be two inch bituminous concrete laid on ten inches of compacted. clay and gravel. I now decree the hearing on Wilson Road open. All abutters have been notified. Mr. Burns has prepared an estimate of the cost which will be preliminarily assessed which will be $7.50 per foot for each abutter. The percentage of abutters on Wilson Road who wish to have the street is 93%. We will hear from those who are in favor of the acceptance of Wilson Road. Howard D. Ryder, 2 Wilson Road Lyman J. Cole, 12 Wilson Road Mrs. Frank A. Nixon, 8 Wilson Road Is there anyone who is opposed? .(There were none.) Is there anyone who wants to ask questions? How wide? Twenty-four foot paved area; bituminous concrete, hot top. My shrubs are about three feet beyond the actual marker. Will they be moved? Unless in grading the street the roots are exposed, we would not ordinarily touch them. Before anything is moved or touched, you will be told about it to see what arrangements we can make. • Hearing on Wilson Road declared closed at 7:10 P.M. We will proceed to the hearing on Independence Avenue. The abutters on Independence Avenue have all been notified as required by law. When the survey was made as to those who are in favor, 65% of the abutters indicated approval by signing. The cost per linear foot for each abutter to be assessed is $7.50 .per foot-. Is anyone in favor? 127 Wilson Road Independence Avenue 128 Preston Road Robert H. Hubbard, 33 Independence Avenue Einest H. Moore, 35 Independence Avenue Chairman: Is there anyone who wishes to speak in opposition? (There were none.) Chairman: Are there any questions? Moore: In front of 35, twenty feet is regular paved road. What becomes of that twenty feet? Burns: I can't tell you at the moment. If it will match in with the profile of the pavement, it will remain. If it does not conform, it will probably come out. If it does not come out, we pay for where it starts. Burns: You only pay for the part constructed. Cleas: (George H., 30 Independence Avenue) I am one of the signers of the petition to have the street taken over by the Town and paved and just want to emphasize my approval. In addition, I have a letter from one of the property owners who could not come down tonight. That is the owner of the property at 32 ,Independence Avenue. Chairman: We will add this to the record. Hearing on Independence Avenue was declared closed at 7:15 P.M. Chairman: We will now open the hearing on Preston Road. All abutters were duly notified as required by law. In the petition for the acceptance of Preston Road, 58% of the abutters indicated their approval. The -preliminary assessment to be filed at the Registry and assessed will be #7.50 per linear foot. Does anyone wish to speak in favor? Evans: Mrs. David H., 3 Preston Road. Does that 58% also include the three names at the end of Preston Road? Burns: Yes. Chairman: 58% is somewhat misleading because practically all of the people at the end next to Simonds Road indicated their approval and signed. Only aLsmail portion of the people on the Burlington Street end indicated their approval. Overall the percentage is 58% but it is high on one end and low on the other. Evans: Does it make any difference? Chairman: It is quite possible the Board might consider the acceptance of the one end and not the other. It all depends on the evidence to- night as to who wants it. 1 1 Welch: Chairman: Welch: Bavelas: Gale: Lynch: Currier: Weldon: Fardy: Chairman: Fardy: Chairman: William T., 39 Preston Road. The first four people on Preston on the end toward Burlington signed and we thought more than 58% of the total had signed. That is the exact percentage. I think a group of people living in the middle between Blake Road and the hill are those who did not sign. Alex, 30 Preston Road. I live in the middle and I signed. John C. for the long pull, I have signed. I realize it will add expense and I be- lieve I have the longest frontage. I wish to give my neighbors credit for repairing Preston Road this Fall for the time being. but it is not permanent. I am for a permanent street. John C., 21 Preston Road. I think it is very essential that Preston Road be taken by the Town as a Town way. In the Spring it is impossible for fire apparatus to get up. The same would be true on the other portion had it not been for the people who put in labor and material and fixed the street there. That was only temporary and I feel it is essential for protection of property. Reynold A1,24 Preston Road. I am in favor. Clinton P., 11 Preston Road. This part is extremely muddy and sometimes for a week. at a time I can't drive my car over it and have to leave it at the end of the street. Rocks come through as much as fifteen or eighteen inches above the street. Frederic W. Fenerty, 7 Preston Road, in favor. George F., 40 Preston Road. Did you say the Board would accept one end and not the other? There is a project that is being considered that is a little bit nebulous. It is a sewer main. I am in favor of that. If the sewer project is favored by Town Meeting and funds appropriated for con- struction of it, it is improbable that Preston Road at that end would be put in until after the sewer main is put in be- cause it would be putting in the street one year and tearing it up the next year. In order to sewer your section you would have to put in a very expensive sewer main to connect away across the fields. It is being considered in our budget this year. 129 130 Burns: The hearing is being conducted on the basis of 1450 feet. Chairman: Anyone else in favor? Vincent F. Crowley, 37 Preston Road Edward B. Krevis, 26 Preston Road Krevis: Any figure on the cost of the sewer? Burns: What is your frontage? Krevis: Ninety feet. Burns: The cost of the sewer varies from year to year but a rough figure would be between $250 and $300. The service connection is in addition. Chairman: Does anyone wish to speak in opposition? (No one) When'will we know if the idea of the sewer will cause a deferment of our section and will we have to repetition the Board to have'the road put in? Chairman: To answer your first question, it is a matter of timing. I assume that the matter of the sewer main, if it is recommended by the Boards concerned, will be presented to Town Meeting in advance of the acceptance of these streets. If Town Meeting votes the money for the sewer main, it would auto- matically lop off the acceptance of that portion of Preston Road which would sewer into the northeasterly side. Subsequent to the installation of the main across the field, the mains will have to be in- stalled in the streets. Burns: What would be the feeling of the people if both assessments came in the same year? My impression would• be that they would be in favor. Burns: I don't know if they could or would be. As far as the people who are here who would like it? Four people expressed themselves as being in favor, without giving their names. Chairman: It is quite possible if the Town did vote the sewer main that the whole thing could be handled within a period of twelve months. Your petition is in on the street acceptance and the sewer would come along automatically. It might all be completed within twelve months. Any street acceptance has to be voted by Town Meeting. If the Board of Selectmen decide to approve this, and the Appropriation Committee decides to go along with it, recommendations will be made in an article at Town Meeting. 1 4 Chairman: Chairman: . ? Chairman: Burns: A vote will be offered and if Town Meeting accepts it, the money will be appropriated. It is possible for Town Meeting to turn it down. We just make recommendations. Can't domethiz:be-done about thetTo*n. washed down by rain, and putting it at dump. There is nothing that we can do If we go into a street and make it is ours for six years. If the Town turns down the is still in, provided they down? Yes. Will the sewer service the of Preston Road At some place, you go one way place you go another way. The one we are talking about will house up there. taking the about it. repairs, sewer, the don't turn houses and street that at the top at another cover every 131 dirt, The hearing. on Preston Road was declared closed at 7:35 P.M. Chairman: We will now open the hearing on Hillcrest Street. The abutters have all been Hillcrest notified as required by law. Hillcrest Street Street is not in the same category as the first three streets that you heard dis- cussed. It is a very steep street and the material coasts down hill very fast in a. rain stormand the street is impas- ible. It creates a bad situation in that area. None of the abutters have asked for the acceptance. At least no one has signed for it, but it is considered a good thing for the Town and therefore the Town Public Works Department is sponsoring this acceptance. I imagine inasmuch as no one signed for it, no one will be here to speak in favor of it. Is there anyone present in favor? (No one) Is there anyone present who is opposed? E. Peterson: I am speaking for Mrs. Anna Peterson.. She is ill. I think she is opposed. to it due to the fact that the land she owns is not worth the cost of putting in the road. Chairman: You merely have land there? Peterson: Yes. The hearing on Hillcrest Street was dec- lared closed at 7:40 P.M. Chairman: We will, proceed to the acceptance of Hayes Avenue. Hayes Avenue is more or less in the same category as Hillcrest. No one indicated a desire for the acceptance. Hayes Avenue 132 This is for Hayes Avenue from Meriam to Woodland. It is a short connecting street between two accepted streets and it seemed to some of us, that it would be a good idea to offer it for acceptance. There are only three abutters. I only see one of them here. Are you served by either Meriam or Wood- land, Mr. Kraetzer? Kraetzer: Meriam Street. Chairman: You would get a betterment assessment. Kraetzer: I am not opposed and I have talked to the Pyles. They are not opposed either. We have frontage on Meriam Street. The Pyles have frontage on Woodland Road and the Webbs also have frontage. I understand we receive credit for the frontage.on the other streets. Emery: I would like to leave it as not a positive statement. You never paid an assessment on Meriam Street, did you? Kraetzer: The property has. The Pyles will be paying on Woodland Road and so have the Webbs. Chairman: There is no credit given from the figures here because the assessment against your property would be $184.58. Burns There must be a credit on that. Chairman: There are 22.4 feet. Kraetzer: Most of us thought if you lived on a cor- ner lot, you paid only one frontage and going on that basis the Pyles and we have no objection. We feel• that the road itself does not improve our property. We can see from the Town's point that it would mean a lot because the children use it going back and forth to school. We felt that it was an advantage to the Townsend not for us and we should not be called upon to pay any assessment. Chairman: You would be called upon to pay for 22.4 feet which would be the difference be- tween your lot on Meriam Street. Kraetzer: On that, I am sure no one would have any objection;. I would make a request that the Engineering Department take a look because my house is in ledge. Inasmuch as the basement actually has ledge pro- truding into it, it would be wise for the Town to have someone look at the pro- perty and look at the piers so there would be no question about damage later on. Chairman: It has been surveyed. 1 Burns: I am very familiar with that piece of ledge. If it can be done without getting anything out of it, it will be done. Chairman: Your neighbors would be assessed more than you. They would be assessed for fifty odd feet. Kraetzer: We are not opposed from a town view- point. I just wanted to find out where we do stand. Chairman: You have 22.4' frontage, Webb 55'.4453.20 and Pyle 58'.-477.92. This, as you understand, is pre -assessment. You will be charged no more than that. This is the maximum you could be charged. Kraetzer: Can I be assured that an engineer will.: be up? Burns: The house will be gone over. Emery: Mr. Chairman, will you ask Mr. Kraetzer if his garage and Pyle's front on the section of Hayes Avenue that is proposed to be constructed? Kraetzer: They face on a small section. Finery: Then you would be benefitted to any extent of getting into your garage. Kraetzer: I have never had any trouble. Chairman: You have the reservation that maybe Meriam Street was never assessed? awry: Yes. Kraetzer: When will you know about that other condition? Emery: Some time we will go into it. The hearing on Hayes Avenue was declared closed at 7:45.P.M. Chairman: We will take up the acceptance of Barry- meade Drive. All abutters have been notified as required by law. Barry- meade Drive is in a different situation from the preceding streets. A privately built street was put in there to some specifications about which we are not entirely certain, but a reasonably good street was put in there which gives a fair start and would lower the assess- ment which we would file at the Registry to $5.00 a linear foot. The $5.00 a linear foot is somewhat higher than we would file if we were convinced that the street was built to Town specification and. if we were convinced that the street drainage were efficiently constructed. We don't think the drainage is efficient. Seventy-four percent of the frontage has approved this acceptance. Does anyone want to speak in favor? 133 Barry - meads Drive 134 Hatch: William H., 4 Barrymeade Drive. There is one individual we could not find, named Belanger.. He changed his name to Baker and vanished. Aside from him only one other abutter did not sign. I am very much in favor. and, as you say, the main problem is the drainage because the water runs down and freezes in the winter, breaks through and builds up higher and higher. The utility people can't get through. There would be, on many a night, a real fire hazard. Itis not a matter of convenience, but it is a matter of great detriment to the property now. May: Richard W., 1 Barrymeade Drive. I am in favor. The drainage problem is serious. The ground water in that area does not run off and the septic tanks are the problem too. There are times when you can get an odor from the tanks. What would be done about the drainage. Burns: The drainage in the street runs to the circle and stops at the wall. I know it does not run to the field. Mrs. Saran :•There is a pipe, but it is probably closed up. May: The basins never fill up. Saran : The children fill them in at times. Burns: There is no outlet. Whether it is blocked .or piped in there, it does not go through the wall. May: The catch basins are only at the far end of the street. Burns: The basins are put in the hollow. May: The water drains out of my cellar into the street. In getting to the catch basins, it piles up and freezes. The surface drain- age is not adequate. Burns: That is not sot from the entrance to Lincoln Street. If the first set of basins is within 300 feet from the corner, there is nothing wrong with the design. If it is 400 or something like that, another pair would have to be added. Hatch: Most of the water pours out and down. Couldn't catch basins .be put where the two outlets come into the street? Burns: As far as the water coming out of your cellar. This is one of the most serious problems we have to face. People pump the water out into the street and it freezes and then we have a sheet of ice. No amount of drainage in the street will stop the water in your cellar. It won't give you a place to put it unless there is a basin in front of each house. 112 1 1 135 May: I feel even if it is only 300 feet to the first catch basin we would like to have another one installed. Burns If it is a situation not being handled by the drainage on Barrymeade Drive, it will be taken care of. Shaw: Donald J., 6 Barrymeade Drive. I am in favor. As late as last Saturday morning there was four inches of ice on that hollow. Blunt: Arthur B,, 9 Barrymeade Drive. I am in favor. Sarano: I did not sign, not knowing much about business, I was scared, but I am very much in favor of having whatever is nec- essary done. Aalerud: Roy Q. I am in favor. Shaw: The 74% is probably up with Mrs. Sarano now approving it. Chairman: Is there anyone else in favor? (None) Is there anyone opposed? ,(None) Are there -any more questions? (None) The hearing on Barrymeade Drive was declared closed at 8:00 P•.M. Chairman: We will take up Castle Road next. All the abutters on Castle Road have been Castle notified as required by law. The sit- Road uation on Castle Road is similar in some ways to some of the others discussed to- night and different in other respects. There is one proponent of the acceptance of this street who owns a considerable amount of land. The other abutters consist of one person who owns a lot of land without a house and two people who live on the corner of Castle and Hayes. Castle Road was built as a specification street and a pretty good surface put ons but it has started to deteriorate. For *3.00 per linear foot for the abutters, we feel it can be put in first-class shape and the street accepted by the Town. The base and drainage is already in. Does anyone want to speak in favor? Baskin: I asked the Town last Fall if they would go in -and. patch it up because we could not keep it open for Town traffic. I thought it was in better shape than most of the streets in the neighborhood. I don't think it is the time yet to put on the black top. I think it should be done after all the services are in. 136 Burns: If it is voted to accept, the few lots on there before the street was built, we could lay the services off the pavement to the curb. Chairman: Do you wish to withdraw your request? Baskin: I only asked to have it accepted as was. Da you have to have a two-inch surface? Burns: Every street that has been accepted, is a case of constructing them new or on the others to put two inches on. Baskin: The people who live on the street get no good. The neighborhood gets all the good. Is there nothing the Town can do to repair the holes. Burns: If we go in there and make any repairs - first we are not allowed to and secondly we would end up by owning it for six years. Baskin: I don't think it is time to build it. Chairman: Are you speaking in opposition to this? Baskin: I would choose to have you accept it as it is. Chairman: That can't be done. Baskin: Would you choose to have us close the street? I think we could legally close it. Chairman: If you wish to close the street and can do it legally, you own the street. There is no question about it; you and one other person, Hortense Moody. You, Moody, the Reeds and Carlsons own the street. Baskin: I don't care either way. Let's hear what some of the other people have to say. Chairman: Is anyone in favor of acceptance of this street? (None) Is anyone opposed? Carlson: I think the assessment of $3.00 a foot is somewhat expensive relative to the cost of the land. Add that assessment to the present value of the land, I doubt if the land could be sold to cover that. We get less then 5% of the use of the road. We would be making anotherif t to the Town. It has already cost me $1,000 to have it built. I own 25% of the frontage oh that road.. At that moment I think it is premature to have the road accepted. Chairman: Whenever you do, and if it deteriorates, it might cost much more money. If at some time Mr. Baskin decides he wants to develop his lots and Moadyvdecides to build, they may want to have the street accepted. If it goes to pieces, it will cost some money. 1 137 Carlson: I think it would be cheaper for the abutters to have the road repaired. Chairman: Does anyone else wish to speak in opposition? Reed: Parker C., 27 Hayes Avenue. The lot is a piece of property which we bought to main- tain the trees. It is not a piece of property suitable to building. We bought it as a means of doing our bit to keep the trees so we would be able to keep the supply of birds coming. We have no intention of building. I would like to know what the assessment means. Does it mean an increase to the property or is it a flat charge? Chairman: It is called a betterment assessment. A betterment is assessed on your property. it is put on as a lien and the theory is that if a road is put in, your property is bettered. If a sewer is put in, your property is bettered and if a water main is put in, your property is bettered. In this Town you are assessed a betterment on all of these services. Reed: At $3.00 a foot, I would owe 4300 for 100 feet. Chairman: You would owe about 6270. That is recorded at the Registry of Deeds as the maximum that can be assessed against your property. When the road is finished the cost ie determined and the cost is assessed as the final better- ment. It may be 43.00 a foot or it may go below that. Beed: Is there an increase in the assessed value? Chairman: We do not have anything to do with the Board of Assessors. If they decide your land was more valuable they could raise the assessment. If the street is built and this betterment assessment is levied against you, that means you have to pay that sum. You can pay it in one sum or in ten payments over a period of ten years, paying interest all the while. That does not mean the assessment on your property is going to be raised. The Assessors have been going over the Town the last year or two and raising values on land, but it would have nothing to do with the road. Baskin: Is this $3.00 on each side. Burns: Three dollars on each side. Carlson: What is the assessment against your property? Chairman: You have a little over 175 feet so it would be something over 4500. Burns: 100 feetis one lot and 73 feet net difference on the other, about 4520. Carlson: If a private contractor could be obtained to put in the surfacing, could that be done? Chairman: The Town would not accept it. 138 Burns: The price which is put on as a lien seems to bother people. Actually that price has to cover any price we can get. In some cases, it is put on six months be- fore a price is obtained or the job let out. I have never seen a job come up to these prices. That is not to imply that this can be done for so much less. First you get a contractor, and there are a lot in this Town and around, who will do it for one-half the price when the bid is let, but when they bid a job, their price is right up with the other bidders. If you did get it, that would mean everyone would have their own street and want the top on. We would have to have a staff to watch it. We are just not equipped to handle. it. Most of the contractors come in here, and they do not come in with low bids. Baskin: On this new development, do you have a staff watching the laying of the bit- uminous concrete? Burns: Yes. Baskin: We would pay you. Burns: It is not a case of paying the men. It is a case of getting the men. Chairman: At some future time there may be a Board that will agree to go along with the method you gentlemen are talking about. We have had some experience with it and some professional advice. This Board is determined that it will either do its own topping or the people will do their topping, but we won't accept the street. No matter what top you put in at the Registry of Deeds, what you actually pay foris the cost. Baskin: This road was done according to specifications. Chairman: I am sorry to say this is the situation. Emery: I thought Mr. Baskin was going to give us his final say. Baskin: I am opposed. Emery: You called me and I thought you wanted the street for acceptance so I went through the red tape to have it put on the list. Baskin: I. did get in touch with you and at the time, since the town was getting more out of it than I am, I thought it should be accepted as was and kept in repair. I have done it for three years now. Baskin: At that price I. am opposed. Reed: The road stood up fairly well until the concrete trucks were told they were not wanted on Hancock Street. They went through Castle Road and were responsible for chewing up the base. 1 Chairmen: The people on Hancock Street took steps to have trucks prevented from going on Hancock Street. You have to call the State in on a question like that. Reed: I have probably spent 50 or more hours re- pairing that corner of the street where cars drive up over the sidewalk. Many people use the street. Carlson: You spoke about people on Hancock Street getting rid of the trucks. They chose to go on a private road where they had no right to go. It seems to me the people on Hancock Street are just as liable for the repairs of this road as the abutters. Chairman: That will have to be a matter that will be discussed somewhere else. If you people in that area think you have cause to com- plain, you are at liberty to put in a petition to this Board and it will get due attention. We would immediately contact our Town Counsel to find out what the legal mechanics of the thing would have to be. Ilnery Hancock Street is a situation of some years standing. It is not a question of the people stopping heavy trucking on the street this year. It has been prohibited for a number of years. Chairman: I think we should not discuss this par- ticular angle because we are holding up several other streets. Baskin: If we fix this street up 100% right, would you still not accept it? Chairman If you would put in writing a statement from your group that you intend to do thus and so and send a letter to the Board, we will give it consideration and we will answer you. I can't be forced to do it off hand. My feeling would be that we would not change our policy, but we would take it up. The hearing on Castle Road was declared closed at 8:30 P.M. Chairman: We will take the group of five streets in one group consisting of Woodcliffe Road, Underwood Road, Normandy Road, Munroe Road and Hudson Road. All the streets, as you know, are up for resurfacing with some drainage to be considered. Therice per linear foot of frontage would be §3.00 a linear foot. That is the maximum you would be charged. 139 Normandy Munroe Hudson Underwood Woodcliffe 140 This sum will be filed at the Registry of Deeds. Woodcliffe has come in 75%, Underwood 81%, Normandy 89%, Munroe 62% and Hudson 76%. I don't think there is anything further to say re statistics. If anyone wants to know his or her assessment, we have them all here. Does anyone wish to speak in favor of the accept- ance of Woodcliffe Road? Holmes: Robert C., 11 Woodcliffe Road. I am in favor. Campbell Charles V., 60 Munroe Road. I am in favor. That is going to take care of the surface drainage? Chairman: Yes. Weis: Joseph L., 53 Munroe Road. Am I supposed to voice my opinion on the one for which I am to be assessed? Chairman: You are going to be assessed on Woodcliffe Road. Weis: There is a matter concerning Woodcliffe Road that has been taken up with the Board. The School bus has been using it and I think it should be considered to make a decision in favor of it. There is a school bus for Franklin School that uses Woodcliffe Road. It has been used for a school bus and I think it could be used again. I am in favor of it being an approved street be- cause of the service it has given the school. Chairman: Does anyone else wish to speak in favor? (None) Is anyone opposed? (None) Is anyone in favor of Underwood Road? (No one in favor or in opposition. Is anyone in favor of Normandy Road? George H. McManic, 39 Normandy Road in favor Donald P. Faulk, 27 Normandy Road in favor John L. Warner, 21 Normandy Road in favor Mrs. Charles L. Collins, 18 Normandy Road in favor Kenneth Goudy, 41 Normandy Road in favor No one present in opposition. Does anyone wish to speak in favor of the accept- ance of Munroe Road? Chairman: Fogg: Chairman: Joseph L. Weis, 53 Munroe Road in favor Lester B., 18 Munroe Road. I am in favor of the surfacing. Is there any program as to the laying of sewer mains in that area and will there be any delay? If there is a delay, there will be no program. This will be voted on at March Town Meeting. If funds are voted the project will be advertised for bids and probably started some time in June. to It would seem that the sewer main situation is a little far away from Woodhaven at the present moment. It has not been considered at all at the present moment. Hendrick: Langdon C., 21 Munroe Road. I am in favor and would like to say that one of the residences is occupied by a man who is now in Korea and his wife did not feel that she should sign the -petition for him. Mr. Sweeney did not,:at this time, feel free to sign the petition, but he did sign the petition that was lost. As far as he knows he will be moving. Mr. Dwight Ladd is in Ontario and he is in favor. Mr. Campbell at #60 is in favor.. Chairman: Is there anyone present in opposition? (None Hudson Road Aiken: Robert, 4 Hudson Road. I want to extend to the Board my thanks for the co-operation you have shown us. Chairman: Does anyone wish to speak in favor? (None) Does anyone wish to oppose? (None Are there any further'questions? (None) The hearings closed at 8:40 P.M. Application was received from Lee E. Tarbox, on behalf of the Lexington Chamber of Commerce, requesting permission to hold an annual meeting in Estabrook Hall on Thursday, February 9th from 8:00 P.M. until 9:00 P.M. A true record, Attest: 1 141 142 Town Clerk re Personal Services SELECTMEN'S MEETING February 4, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Boom, Town Office Building on Monday evening, February 4, 1952 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk and Treasurer, met with the Board.. The Chairman explained that for some time the Board has been trying• to "hold the line" in regards to Clerks' salaries, and as Mr. Carroll knew, there is a Senior Clerk maximum and a Junior Clerk maximum. He stated that the Senior Clerk in Mr. Carroll's office has reached the maximum and he thought heocould say for the members of the Board that they are sympathetic in knowing how much work she does and what a good girl she is. However, the moment she is put in a special category, questions will be raised. He explained that there are girls in the building who have been working for the Town a good many years longer than Miss McDonough and they have been trying to get into a different category and the Board does not feel right about making an exception in Mr. Carrolls' case. Mr. Carroll said that he does not mean to be offensive to the Board but would like to state that the Selectmen do not set the salary for the office of the Town Clerk and Treasurer. He said that is governed by.General Laws by the Town Meeting members. The Chairman explained that the Board is not arguing but merely asking for co-operation. He said that Mr. Carroll may be right and may be able to force a raise. Mr. Carroll said that he does not intend to do that and was just makirxgtShe;p@int because he did not know if the Board was familiar with the law. He said that he considers Miss McDonough far sup- erior to any Senior Clerk in the building. She has been appointed by him as Assistant Town Clerk and Town Treasurer. He stated that she proved her worth last year when he was sick and when the Second National Bank saw how capable she is, she was offered a position at $50 a week but did not accept it out of loyalty to him. He explained that she has full responsibility of the office during his absence and the title of Senior Clerk does not fit her. He referred to the Clerk of the Board and said that she is over the head of a Senior Clerk because she has duties and work she has to take care of. He said that, without mentioning any names, there are girls in the building rated as Senior Clerks who could not do Miss McDonough's work. cmi 143 Mr. Driscoll asked if Miss McDonough signed herself as Assistant Town Treasurer and Mr. Carroll replied in the affirmative. He explained that her title is authorized by the State and approved by Commissioner Long. He said that he talked with his Doctor this evening and he won't know until March first whether or not another operation is necessary. He said that Miss McDonough takes work home at night because he will not allow her to work nights because of the affect it may have on her health. Mr. Emery asked how long she has worked for Mr. Carroll and he replied ten years. Mr. &eery asked the amount of increase for which Mr. Carroll was asking and he replied that he wants an increase of $5.00 per week for the year. - Mr. Driscoll asked why Miss McDonough was not classified in the budget as Assistant Town Clerk and Assistant Town Treasurer and Mr. Carroll re- plied that she should be but the budget sheets were made out in the Accounting Department. He explained that there will be no Senior Clerk in his office. Mr. Gay asked what her salary would be with the $5.00 increase and Mr. Carroll replied that she is now getting 445.98 a week and he is asking for $5.00 #pore. The Chairman said that he thought the Board understood Mr. Carroll's attitude. The Chairman said that the Board would like to re -open the question of voting booths and explained that the Board does not want to spend the money this year unless it is absolutely necessary. Mr. Carroll said that the Town has gone along so far with them and can continue to take the chance and get along. He explained that he just wanted to bring the situation to the Board's attention. If the Board feels that nothing should Voting be done this year, it is all right with him. Booths Mr. Hoyt inquired as to just what is involved and Mr. Carroll replied that Precinct One is for replacement, but he can still get by with the present booths. Mr. Gay asked if there are enough booths in every precinct to accommodate everyone who wants to vote and Mr. Carroll replied that by law only so many can be there at one time. Only four voters can stand inside the rail at a time. He said the only time they are slow is between seven and,eight o'clock at night. Mr. Emery asked if anyone in line by eight o'clock could vote and Mr. Carroll replied in the affirmative. Mr. Carroll retired at 7:15 P.M. 144 The Chairman read a letter from Thomas A. Napoli requesting deferment of a water betterment assessment in the amount of 4157 under the pro- visions of Chapter 159 of the Acts of 1950. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted, under authority of Chap - Napoli ter 159 of the Acts of 1950, to extend the time Water for payment of water betterment assessment of 4157, Assessment without interest, levied against property of Thomas A. Napoli, 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 facilities of the water main are used for said land or any part thereof. The Chairman read a letter from Frank A.' and Mary I. Napoli requesting deferment of sewer betterment assessment in the amount of $1,584.15 under the provisions of Chapter 159 of the Acts of 1950. 'Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted, under authority of Chapter 159 of the Acts of 1950, to extend the timb for payment of betterment assessment of 41,584.15, Napoli without interest, levied against property of Sewer Frank A. and Mary I. Napoli, until saidland or Assessment 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 immed- iately if the facilities of the sewer main are used for said land or any part thereof. The Chairman read a letter from Dr. Ivan G. Pyle requesting deferment of sewer betterment Dr. Pyle assessment in the amount of $222.95 levied against Sewer lot 25 Woodland Road. Assessment The Chairman was authorized to inform Dr. Pyle that the legislation under which he re- quested deferment was conceived to apply to farm land in large areas before subdivision into lots and therefore the Board is not in favor of granting his request. The Chairman informed the Board that Dr. Pyle had telephoned him and asked to have the Hayes matter of Hayes Avenue reopened. He was very Avenue much disturbed to find out it was not going to be recommended by the Board. Mr. Emery said that he did not believe Dr,_ Pyle would have to pay any betterment as the longer frontage is on Meriam Street. The Chairman said that the Engineer's work sheet shows an assessment of 0477.92. However, the Board was not in favor of making any change in its decision not to recommend the street to Town Meeting for acceptance this year. The Chairman read a letter from Mr. Stevens with reference to the case of Ernest B. Johnson, Jr. vs Town of Lexington, advising that a settle- mentshasnbeen reached with the plaintiff's attorney, and it is in order for the Board to abate the betterment in the principal amount of $370 with interest of $34.99. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to abate water betterment assessment, levied against property on Grove Street, owned by Ernest B. Johnson, Jr., in the principal amount of 4370 with interest of $34.99 making a total of 4404.99. Mr. Stevens arrived at 7:35 P.M. The Chairman reported that he and Mr. Emery had inspected the dump on Lowell Street and ex- plained that Mr. Stevens is now trying to get a restraining order. Mr. Stevens said that he was going to`consider amending the Zoning By -Law and also see if there could be an amendment to the Regulations of the Board of Health in regards to dumping. He said, however, that it might weaken the Town's case to go in on the present Zoning, having an amendment in the making at the same time, but he thought he should try to get a restraining order. Mr. Stevens said that the Chief of Police feels that he is not receiving any co-operation from the people in. the house over there. The children attend the Lexington schools, but the house is not assessed in Lexington. Mr. Emery said that the house is in Burlington. It was a unanimous opinion of the Board that the Town Counsel should proceed to take whatever action is necessary to obtain a re- straining order. Mr. Stevens read a letter from W. H. Ballard stating that it would be helpful in completing the Scott negotiations if the Board would include an article in the warrant for the March Town Meeting whereby the Board is specifically authorized to complete the sale of the fire station lot on Meriam Street. Mr. Stevens said that the Board could in- clude an article in regard to the old fire station property and that it is just a question as to whether the Board wants the authority or not. 145 Johnson Settlement Lowell St. Dump Fire Station Lot On Meriam St. 146 Mr. Emery explained that Mr. 'Ballard has always felt. that the Board should have that power because he could then talk to Scott with the view Fire Station of having the old building removed within a few Lot on years. He.said that when Mr...Paxton was Chairman Meriam St. of the Board he thought it inadvisable for the Selectmen to have such power until such time as the Board.had some concrete argument to present to the Town Meeting,. Mr. Emery said that he would like to have an article included. The Chairman questioned the advisability of any Board of Selectmen having authority to sell Widening the property and Mr. Hoyt suggested that the time Mass. Ave. in which the Board. could act might be limited. Mr. Ballard also requested the inclusion of an article in the warrant, requesting the Selectmen to review the possibilities of the further widening of Massachusetts Avenue in.. the Lexington Center business district. He stated that.such an article would also be help- ful in the Scott negotiations. Mr. Ballard wrote that while the Board has not requested him to do so, he would not be adverse to receiving a request.to assist in negotiating a similar agreement in respect to the property at 1757 -1775 -Massachusetts Avenue, formerly owned by Daniel J. O'Connell. Mr. Stevens informed the Board that the Bill in regard to public inspection'of Welfare records is scheduled for hearing tomorrow morning.. He explained that if passed, it will put the law back where it was in 1941 before there was an amendment providing examination of any Public Welfare records. He said that Public the first part would open the records to public Welfare inspection insofar as the name of the individual Records and amount received is concerned. Mr. Driscoll asked if this would mean in- spection of the records by other than officials and Mr. Stevens replied in the affirmative. The Chairman asked if Mr.•Stevens intended to go to the hearing and he replied that he would not attend unless the Board wanted him to. It was decided that the Town Counsel should obtain a report on the hearing and then the Board would decide on what action to take. Mr. Stevens retired at 8:15 P.M. Letter was received from Ralph Chadwick, Sealer of Weights and Measures, advising that the Town of Belmont expects to purchase a mobile 50 gallon Test Tank for use in testing fuel oil tank and truck meters. A 004 1 He stated that if Belmont buys the tank, Lexington should assume the garage rent, and requested that his 1952 budget be in- creased $120. The Chairman agreed to confer with the Appropriation Committee and also to contact Mr. Chadwick in an effort to obtain more 'specific information relative to the garaging. The Chairman reminded the Board of two items, presented by Mr. Worthen, to be con- sidered as possible 1952 projects. He reported that the approximate cost of relettering the ancient monument on the Common will be 01,000 and the approximate cost of a marker for Hastings Park is 4400. It was agreed to include an additional sum of 01,000 in the Selectmen's Expenses budget for 1952 to pay for relettering the monument and let the marker for Hastings Park go for another year. At 8:30 P.M. the following members of the Appropriation Committee met with the Board; Chairman Bateman, Messrs. Cleveland, Donnelly, Reed, Smith, Sullivan and Tucker. Mrs. Rich was also'present. Budgets for 1952 were discussed until 10:55 P.M. at which time the Appropriation Committee retired. Request was received from the American Legion'Auxiliary for permission to erect a booth at the corner of Meriam Street and Mass. Avenue on the 19th of April. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the request. Letter was received from the Boston Seventh- Day Adventist Temple requesting permission to conduct a Tag Day in Lexington on either May 13, 14or15. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to deny the request. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant a Sunday Movies license to the Lexington Theatre, Inc. Application was received from the American Legion Auxiliary requesting permission to con- duct a meeting in the Conference Room, Cary Building on Monday evening, March 17th. Inasmuch as the Adjourned Town Meeting is scheduled for this date, the request was denied. A meeting of the Board will be held on Saturday morning at 9:30 A.M. for further consideration of budgets. The meeting adjourned at 11:15 P.M. A true record, Attest: Clerk/2 147 Weights & Measurers Expense Relettering Monument on Common Marker for Hastings Park Permit Tag Day Denied License Use of Hall 148 SELECTMEN'S MEETING February 11, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Monday evening, February 11, 1952, 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 reported on the leak in the old boiler in Cary Building and stated that both Mr. Burns and Mr. Moloy are convinced that the Inspec- tor will not approve the boiler and that he will Boiler In condemn it. If such is the case, only one boiler Cary Bldg. will be available for use to heat the buildings. Mr. Burns explained that last year's bid was 7,472. not including any funds for Kimball. Mr. Emery and Mr. Hoyt felt that some con- sideration should be given to the possibility of converting to oil at this time. Inasmuch as the Board felt the problem should be considered promptly, Mr. Burns was requested to make a study of the situation and submit a report next Monday night. Letter was'received from Mr. and Mrs. Wilbur H. McCullough, 67 Valley Road, Pequesting the Board to have a load of cinders dumped onto the street. Valley Mr. Burns explained that Valley Road is an Road unaccepted street except for the portion constructed by the State in connection with Route 128. The Chairman agreed to advise Mr. McCullough that the Town cannot do any work on unaccepted streets. Petition was received from the Boston Edison Company for permission to run and maintain wires Wire over and across land owned by the Town at Location Camellia Place off Bedford Street. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition. Letter was received from the New England Telephone and Telegraph Company requesting can- cellation of orders for poles formerly granted along public ways as they are no longer necessary. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to grant the request and sign the order for cancellation Mr. Stevens arrived at the meeting at 7:33 P.M. 1 149 Discussion was held in regard to what project is to be done in 1952 under Chapter 90 and upon Chapter motion duly made and seconded it was voted to 90 designate Hill Street as a Chapter 90 construction project for 1952. The Chairman left the meeting at 8:00 P.M. to arrange the time for a meeting with the Appropriation Committee and Mr. Driscoll con- ducted the meeting during his absence. Letter was received from Mr. Stevens ad- vising that a Final Decree was entered in the Legal Middlesex Superior Court enjoining Joseph A. Action Goodwin from operating any business enterprise on his premises on Pearl Street. Letter was received from the Lexington School Committee requesting permission to include with the Warrant a statement explaining the question Insertion on the ballot concerning withdrawing from the Of School Superintendency Union. Statement Mr. Stevens said that Mrs. Morey had dis- With cussed this with him and in checking the law Warrant he could find nothing that has any bearing on it. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to grant the request. Letter was received from Edward Berman requesting permission to use two rear rooms on Berman's the second floor of his store at 12-14 Request For Massachusetts Avenue for additional storage of Increased alcoholic beverages. Storage Mr. Stevens said that he would check the Space Statute and requested the Clerk to forward him a copy of Mr. Berman's letter. Mr. Stevens referred to the Busa claim and said that it was the feeling of the Board, in referring it to him, that probably Mr. Busa was driving too fast because he blew out two tires and no other accidents had been reported from other motorists. Mr. Busa claims that he had two small children in the rear of the car and was not speeding. He had Premium tires for' which he paid $50 each and has put on new tires at a cost of $47. Mr. Stevens told Busa he would recommend settling for W. Upon motion of Mr. Gay,'seconded by Mr. EMery, it was voted to authorize the Town Counsel to settle the claim on whatever basis he thought best. Busa Claim 150 Buckley Claim Knapp Claim Mr. Stevens referred to the Buckley claim and stated that he has not heard from Mr. Buckley. He said that if the Board approves, he will call Mr. Buckley. Upon motion of Mr. Gay, seconded by Mr: Emery, it was voted to authorize the Town Counsel to settle the claim. Mr. Stevens mentioned the claim Forest Knapp in the amount of $44.70 to his car as a result of a drainage Shade Street. He said that he would make a recommendation for settlement submitted by for damage trench on check this and to the Board. Mr. Stevens referred to the claim of Leonard Fuel and said that there was a sewer service trench Leonard that had been backfilled and horses and a light were Fuel Claim placed around it. The horses and the light had been removed by some boys and the truck went into the soft trench. This claim is for $75., damages to a Chevrolet truck, and Mr. Stevens. said that he would cheek it further and make a recommendation to the Board. Edison Way Winter Street Drain The Chairman returned to the meeting at 8:15 P.M. Mr. Stevens read a letter from Mr. Ballard in regard to Edison Way. He said that he had called Mr. Ballard and asked if this meant that the individuals involved were ready to proceed on the plan presented last year and he replied in the affirmative. Mr. Stevens said that this, however, is contrary to the recommendation of the Planning Board and Mr. Ballard agreed. Mr. Stevens said that he does not see how an article can be inserted in the Warrant at this late date inasmuch as hearings are involved and there just is not time enough. It was agreed that Mr. Stevens should acknowledge the letter and explain that it is not possible to have an article on•Edison Way for the March meeting and to explain that the Board will explain to Town Meeting that the subject is still open. Messrs. Stevens and Burns retired at 8:25 P.M. Mr. and Mrs. Wildes and Mr. and Mrs. Miller of Winter Street met with the Board in reference to a drain in Winter Street. The Airman explained that the Board had been informed by Mr. Burns, Supt of Public Works, as to what the situation is. Mrs. Miller stated that she has lived here for only two years and the condition is really bad. 1 151 She said that she has had Mr.Burns up to look at it three times and also has had Mr. Jackson, of the Board of Health, up. She said that a number of people have connected s ewers into the drain. Mrs. Wildes said that she has a child and it is impossible to keep her out of the water in the yard. The Chairman asked if the condition was caused as a result of the drain being blocked and Mr.. Wildes said that the brook is formed by the drain and that there is no natural brook. He said that the land be- tween his house and Miller's house is saturated all the time. The Chairman explained that the cause seems to be that some of the neighbors have connected cesspool overflows into the drain. Mr. Wildes said that when the surface drain pipe was installed, the contractor who built the road put the line in and some of the people asked him to tie inther cesspools. He said that this is the Town's fault. The Chairman explained that it is not the fault of the Town and people should not tie into the drain. Mr. Wildes said that the Town should supervise the job and make sure that no one connects to the drain. Mr. Gay asked how he knew that connections were made and he replied that one of the individuals who had his overflow connected told him. Mr. Burns returned to the meeting at 8:35 P.M. He said that he could not tell, without measuring, where the water dumps. When the drain. was put in, it was' put on a then existing lot and the owner at the time lived in Somerville. The land was later divided, but at the time the drain was put in it was all one parcel. Mr. Wildes claimed that there was no dividing of the land since the pipe was put in and Mr. Burns ex- plained that when the pipe was originally laid there were no houses there. He stated that when houses were built and the lots were filled in, the entire picture was changed. He said that the idea of an open ditch was all right when there was no development. The Chairman explained to Mr. Burns that a state- ment had been made that the contractor connected the cesspools into the drainage system. Mr. Burns said that he did not see everything that went on during the job, but he was there a great deal of the time and never saw one connected but he could not guarantee that one of the contractor's men did not con- nect, but ordinarily he did not think this would happen. The Chairman said that the Board knows the people are having trouble and although there is nothing that the Board can promise, consideration will be given to the problem and the Board would get in touch with them. 152 Mr. Wildes said that he thought someone from the Town should look at the condition and Mr. Burns ex- plained that he has been up there three•or four times and Mrs. Miller agreed. Mr. Gay asked Mr. Wildes if the pipe was there Winter when he built his house and he replied in the affirm Street ative. Drain Mr. Gay asked if he knew about the condition when he built his house and he replied in the affirmative. He said that he lived across the street before he built the house. Mr. Gay asked if he built his house knowing the water was there and he replied that he did not know the cesspools were discharging into the drain. The Chairman stated that the Board is sympathetic but it is in a position where it has to recommend the expenditures of the Town's money and if there are ex- penditures for which the Town is not responsible, the Board cannot recommend them but will have to try to solve the problem by some other method. The group retired at 8:35 P.M. The Chairman read a letter from Mr. Edward F. Chapin, Veterans' Agent, advising that he will not Veterans' be able to accept another appointment inasmuch as Agent he is not able to devote the time required and further that his doctor has advised him to confine himslef to one position. At 9:05 P.M., the following members of the Appropriation Committee met with the Board: Chairman Bateman, Messrs. James, Smith, Sullivan, Patterson, Cleveland and Donnelly. Mr. Bateman said that his Committee would like further information about the Sunnyfield sewer and c... also the cost. The Chairman stated that the estimated cost is $230,000., and Mr. Burns explained that the Town will receive about $30,000 in betterments. The Chairman stated that the total is $230,000. of which $130,000 is for laterals. Mr. Burns.explained that by taking the assessable frontage, based on the cost of the previous five years, at roughly $2.00 per foot on each side of the street, the total is about $30,000. On the $130,000 from Bedford Street in, there is money for an eight inch pipe going down part of Bedford. Street. He stated that between the depth of 18 or 20 feet and the size of the pipe, the cost is extra, and that is the reason the Town will get back only 030,000 based on the cost of the previous five years for an eight inch main at a depth of only eight or nine feet. Z 1 153 Mr. Bateman asked why Mr. Burns did not follow along the brook at the far end of Judson Street and he explained, by use of the map, three different ways that had been studied in an effort to determine which would be the least expensive. Mr. Stevens returned to the meeting at 9:15 P.M. Mr. Smith asked about the total valuation in the Sunnyfield area and Mr. Burns replied that he did not know, but there are about fifty-four houses in- volved. Mr. EIInery explained that this year the M. D. C. has been authorized to build the rest of the Munroe low level sewer which will save the Town at least $600,000 and if the State Director of Public Health felt that Lexington would not put up the connecting link necessary, the bill never would have gone through the Legislature. He said that he would be willing to spend 1160,000 against $600,000. He further stated that the M. D. C. is also authorized to pay the Town of Lexington for the part already constructed. Mr. Stevens said that the Act authorized the M. D. C. to acquire the line and they would be willing, he thought, to pay the Town what the Town paid to construct that portion now in. Mr. Bateman asked how the project would be 'paid for and the Chairman replied that he had Sunnyfield no doubt but that it would be bonded. He explained Sewer that Bedford would like to reimburse Lexington in ten payments rather than in one, and he thought as long as Bedford makes a commitment it wouldn't make any difference if they made one or ten com- mitments. Mr. Stevens said that borrowing for sewers is inside the debt limit. Mr. Bateman asked why Bedford couldn't borrow the money and the Chairman said that as long as they are willing to pay for it he felt sure the mechanics of the borrowing and paying could be worked out. Mr. Bateman asked if there would be an article in the warrant and if it would be built this year. The Chairman replied that it could be built in a year but that there will not be an article in the warrant. He said that when the Board pre- sents the vote on Sunnyfield reasons will be given for voting favorably and the Chief reason is that Bedf.rd will want to tie into it within a few years. Mr. Patterson said that in order to participate in the low level sewer, Lexington has to commit itself with Bedford. 154 The Chairman said that he did not think there is any compulsion and that it is automatic. The M. D. C. Act has been passed by the Legislature and that money is set up and the low level sewer is going to be put in. Bedford proposed a bill to the Legislation and one of the stipulations was that Bedford should be allowed to construct a sewer through Lexington and go into the M. D. C. system. The Selectmen objected to that because they don't want Bedford to build a 3,000 foot sewer in Lexington. The Engineering Department - Personal Services budget was considered and the Chairman said that Budget the Selectmen are in favor of Mr. Burns organizing Engineering the Department this year as he has outlined. The Department figure of 124,643 would comprehend doing it for twelve months. However, three months will have elapsed before Town Meeting and then it will take some time to effect the change. The Selectmen, therefore are approving 420,000. He said that if the Appropriation Committee is not in favor of the program, the Selectmen are and will have to qualify the issue to Town Meeting members. The Chairman informed the Appropriation Police Committee that the Selectmen are recommending Budget $42 per week for a Clerk in the Police Department. He referred to the Fire Department budgets and explained that the Board is investigating Fire Dept. the possibility of acquiring a chassis and Budget making a rescue truck at an approximate cost of $3,500 against the 46,800 requested. Mr. Bateman said that he would let this item go as it is and change it at the meeting. Water Dept. Budget Li cense Uses of Halls Mr. Bateman reported that his Committee is going to vote against the Water Department Capital Outlay (Woburn Street) item. The Appropriation Committee retired at 10:30 P.M. Upon motion duly made and seconded, it was voted to approve application from the Lexington Theatre, Inc. for a Sunday Movies license. Upon motion duly made and seconded it was voted to grant the following uses of halls* Am. Legion Littlefield Campers Mdsx. Cty. Extension Cary Hall Feb. Cary Hall Mar. Cary, Estabrook Conf. Room 23 Free use 15 $35.00 May 16-17 Free use 1 1 Upon motion of Finery, it was voted layouts: Wilson Road Preston Road Barrymeade Drive Underwood Avenue Munroe Road Mr. Hoyt, seconded by Mr. to sign the following street Independence Avenue Hillcrest Street Woodcliffe Road Normandy Road Hudson Road Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Town Election to be held on Monday, March 3, 1952. The meeting adjourned at 10:30 P.M. A true record, Attest: 4/01-d/ 155 Street Layouts Sign Warrant The next regular meeting of the Board of Selectmen will be held on Monday evening, February 18, 1952, in the Selectmen's Room, Town Office Building, at 7:00 P.M. 156 SELECTMEN'S MEETING February 18, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 18, 1952 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay and Hoyt were present. The Clerk was also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and, Telegraph Company for joint or identical locations on Paul Revere Road. No Pole Locations persons were present in favor or in opposition. o . Notation of approval was made on the plan by Mr. Burns, Superintendent of Public Works. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order for the following pole locations: Paul Revere Road, opposite and easterly from Harbell Street, 2 poles. Two existing poles to be removed. Paul Revere Road, opposite and easte y from Asbury Street, 2 poles. Two existing poles to be removed. Letter was received from the Arlington Gas Light Company, together with sketch showing proposed location for 350' of 6" C. I. gas main in Burlington Street. The main, if approved, is Gas Main for the purpose of supplying gas service to one Location new home. The Clerk reported that Mr. Burns had seen the sketch and recommended approval. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve proposed location of 350' of 6" C. I. gas main in Burlington Street. The Chairman read a letter from Mr. Converse Hill, of Brewer & Lord, in reference to the Board's letter of last July asking the company to bind $12,500 fire insurance and liability insurance on Insurance the building occupied by the Boy's Club. Mr. Hill Sexton explained that the fire rate has been published Property at $7.70 per thousand for one year, 419.20 for three years, making a premium of 496.25 for one year and 4240 for three years for 412,500,insurance. The cost for liability insurance in $p5,000 and 410,000 limits is 425.00 per year or 462.50 for three years. 1 157 Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to place fire and liability coverage on the so-called Sexton property for a period of one year and determine some time later in the Spring what is to be done about continuing the use of the building by the Boys' Club. The Chairman read a letter from Mr. Converse Hill advising that a recent inspection of the Town Buildings, made by the New England Fire Insurance Rating Association, emphasizes the fact that the sprinkler systems in the schools are not being properly maintained. Mr. Hill recommended School that the service of maintaining the system by Sprinklers Grinnell Company be reinstated. The cost for such service is 4140 per year and calls for annual inspections. •It was agreed to refer the matter to the School Committee and the Chairman was authorized to write the Committee suggesting that this subject be given serious consideration. The Chairman read a letter from Robert P. Curran, Director of Aid and Relief of the State Department of Public Welfare, with reference to combining local welfare appropriations. Mr. Curran advised the Board that combining Welfare the local appropriations would obviate the Appro- necessity of calling a town meeting when one priations appropriation is exhausted and there is a surplus in another account. He stated that there appears to be no prohibition of law in the event that a t.own wishes to combine the appropriations for the several categories of public assistance into one appropriation. The Board was in favor of grouping the various categories of public assistance into one appropriation. Letter was received from Mrs. Alfred Canasetta, 38 Revere Street, requesting the Town to plant two Trees sugar maple trees in front bf her house. The Clerk was instructed to refer the request to Mr. Garrity. The Chairman read a letter from the Board of Health advising that said Board has voted to have all homes on sewered streets in the Manor section Manor connected with the sewer by September 15, 1952. Sewer The Chairman explained that this involves an Connections additional amount of about 420,000 in the budget. He said that he has discussed this with the Town Counsel and also with Mr. Bateman, Chairman of the Appropriation Committee. The Board agreed that funds required for the Manor sewer connections should be provided by a transfer from the Excess and Deficiency Account. 158 Sick Leave Pay The Chairman read a letter from Mr. Carroll that the Board is in favor of continuing Miss Ready's sick leave pay for at least one more month. Mr. Stevens, Town Counsel, arrived at the meeting at 7:40 P.M. The Chairman read a letter from the Lexington Historical Society stating that the Society believes it would be appropriate and desirable to have a Plaque marker or plaque placed on Hastings Park giving re - For cognition to the part that the Cary family had in Hastings the establishment of that area for its present Park purposes. The Chairman reported that the cost of a stone base with a suitable marker would be about 4425.90 and it was agreed to include this item in the budget for 1552. The Chairman read a letter from Mr. Stevens, Town Counsel, to Mr. Lindstrom, Building Inspector, in regard to Mr. Berman's request to use two rear Berman's upstair rooms, first floor above the store, for Request additional storage of alcoholic beverages.. For Add. The store is located in a C-1 zone and since Storage the new Zoning By-law prohibits liquor stores in Space a C-1 zone, this is a non -conforming use and the question arises as to whether or not the request would involve the extension of a non -conforming use. Before making a ruling, Mr. Stevens would like more information in reference to the building. The Chairman read letters from Mr. Stevens to William H. Ballard and Minot, DeBlois & Maddison in regard to Edison Way. He advised that the Board will report orally to the Town Meeting that the negotiations are still in progress. At 8:00, P.M. Mr. Charles Vaughan, a member of the Board of Registrars, met with the Board. He said that he appreciated the appoihtment Vaughn, to serve as a Registrar, but he has been told by Board of Mr. Carroll that his duties as such will prohibit Registrars him from getting any town business such as bonds or insurance, either directly or indirectly as long as he remains a member of the Board. He said that Mr. Carroll had promised to secure his bond this year through him, but now claims that he can- not have the business because of his connections with the Board. 1 159 Mr. Stevens read Sections 1 and 2 of Article 2 of the General By-laws and stated that neither have anything to do with Mr. Vaughan and his business with the Town. Mr. Vaughan said that he has had the Assistant Treasurer's bond for several years and Mr. Carroll Vaughan, promised him his this year but told him that now Board of this is prohibited. Registrars Mr. Stevens said that Mr. Vaughan would, not be doing anything on behalf of the Town and that these two sections do not apply to him. Mr. Hoyt explained that some years ego Mr. Wrightington ruled that unless an individual actually participated in making a contract, his connections with the town as a member of a Board would not conflict. The Selectmen were of the opinion that, on advice of Town Counsel, Mr. Vaughan could inform Mr. Carroll that the situation is not as he interprets it. Mr. Stevens said that he was basing his opinion solely on the basis of Article 2 of the General By- laws and that Mr. Vaughan can talk to Mr. Carroll. If Mr. Carroll has any doubts he can write Mr. Stevens a letter for an opinion. Mr. Vaughan retired at 8:10 P.M. Reference was made to the extract from the meetingof the Board of Directors relative to the change in Manager of Joseph Trani, Inc. Mr. Stevens said that the Board should vote Trani, Jr. to approve the change and then so advise the A.B.C. Management Mr. Fnery asked if there is any implied Of Store obligation on the part of the Board to ask the Chief of Police for a character reference and it was agreed to have the Chairman contact the Chief before approving the change. Letter was received from Miss Thompson, addressed to her from Commissioner Long, together with approval of the appointment of Leon J. Greene as Deputy Collector of the Town, together with approval of his bond. Miss Thompson had informed the Clerk that the bond had been turned over to the Town Clerk for a number of years, but this year he advised her that it should be referred to the Board of Selectmen. Mr. Emery said that he thought the Board shougd have a letter from Miss Thompson requesting approval of the appointment and bond. However, he moved that the Board approve the appointment and bond, both hairing been approved by Commissioner Long. Mr. Gay seconded the motion and it was so voted. Deputy Collector 160 Letter was received from Clarence E. Smith, advising that due to the fact that he is out of Resignation Town many Monday nights when the Appropriation Committee holds its meeting, he is resigning as a member of the Committee. Upon motion duly made and seconded, it was voted to accept Mr. Smith's resignation, effective after the final adjournment of the March Town Meeting. Application was received from the Lexington Council of Girl Scouts, requesting permission to Use of conduct a Scout Rally in Cary Memorial Hall on Hall May 2, 1952 from 7:00 P.M. until 10:10 P.M. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the use of the hall free of charge. License Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to approve application received from the Lexington Theatre, Inc. for a Sunday Movie license. Letter was received from the Algonquin Gas Transmission Company requesting a grant for location for the construction and maintenance of a welded steel main and appurtenances for the transmission Trans- of natural gas from Newton to Everett. mission Line The Chairman explained that he had discussed this with Mr. Burns who agrees that the proposed crossing, as shown by plan submitted is a logical solution. -Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve the grant for a location upon the recommendation of Mr. Burns. Manor Sewer Services The meeting adjourned et 9:25 P.M. A true record, Attest: Mr. Burns, Superintendent of Public Works, arrived at the meeting after the Clerk had left and stated that if the 122 additional sewer services are to be installed next year in the Manor section, he would simply hire another rig and crew and put them in. He said that he could do it. 1 161 SELECTMEN'S MEL+TING February 25, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, February 25, 1952 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. Mr. Burns reported that he had conferred with Leslie Reed in regard to the boiler in the Cary Building. Mr. Reed has sixty boilers he has to take care of in various apartment buildings. He said that none of them have any standby system at all. They, do have a regular routine of inspection service. Mr. Burns said that the only drawback here is whether the boiler will stand the load. He explained that if the boiler is converted to oil there will be 25% more heating value than from the use of coal. Mr. Burns said that if the capacity Boiler is sufficient to take care of all the buildings, Cary Bldg. Mr. Reed's feeling is that it would be better to convert to oil, obtain the inspection service and eliminate the other boiler. The Chairman reported that he had discussed the subject with Donald Hathaway who feels that if the boiler were converted to oil with a check on what the increase would be, there undoubtedly would be sufficient capacity to take care of the set up. The Board felt that it would seem reasonable to convert to oil and eliminate the use of one boiler. Mr. Burns was instructed to obtain prices some time during the week. Mr. Burns explained that a house is being constructed on Slocum Road and the owner would like permission to run heating coils under the apron. Mr. Burns told the owner of the house that he would insist on steam heat and not electric coils. Mr. Stevens explained that if the Town ever wanted to widen the street or reconstruct it, the heating coils would hE.ve to be removed. He said that some kind of a permit could be worked out Heating whereby the owner would agree to indemnify the Coils Town from all claims and move the coils at his Slocum Rd. own expense if it were to interfere with any work the Town might want to do. He agreed to prepare a permit which will not include any insurance or bond. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for joint pole location on Wood Street. Mr. Burns approved the proposed location: 162 Pole Location Ward Street Kimball Road Water Ext. Wood Street, approximately 3,430 feet northeast of Fairview Avenue, 1 pole. One pole to be removed. The Chairman read a letter from Robert R. Williams, 9 Short Street, Lexington, requesting the Town to accept, pave and provide drainage for that section of Ward Street located between Ash and Garfield Streets. The Chairman was authorized to acknowledge the letter and advise Mr. Williams th€:t it will be placed on file for consideration at some future time. Letter was received from Ernest E. MacPhee, 11 Kimball Road, requesting the extension of a water main in Kimball Road approximately 150 feet. The Clerk was instructed to place the letter on file for future considFration. A letter received from the Associated General Contractors in reference to Bills 1593 and 427 was referred to Town Counsel. The Chairman mentioned the 122 sewer services Sewer to be'installed in the Manor section as a result Services of the recent order passed by the $card of Health, and it was agreed to include the sum of 010,000 to cover the cost of these services. Winter St. Drain The Chairman referred to the Winter Street drain and reported that he and Mr. Emery had been up to look at the area. He explained that Mr. Burns believes this condition to be the Town's responsibility and that by the construction of 50 or 75 more feet of pipe, the water can be taken off Wildes' land. Mr. Burns was requested to obtain some def- inite information and report to the Board. The Chairman agreed to inform Mr. Wildes that the Board is in the process of solving the problem. The Chairman reported that Mr. Burns had informed him today that he has exceeded the Snow amount of money he is allowed to spend for the Removal month of February on snow removal. He said that Mr. Burns told him the Town Accountant and Appropriation Committee should be advised and permission then given to him to present his bills for payment. 1 1 163 Mr. Stevens explained that the Department may, with the approval of the majority of the Board of Selectmen and the Appropriation Committee incur additional liability for snow removal and agreed to compose the letter phrasing it in such a way so as to include the period from January 1st up to the Town Meeting on March 17th. Mr. Emery recommended and the Board agreed that the Chairman suggest to the Chairman of the Bedford Board of Selectmen that Bedford's article on the sewerage system be taken up at the first session of the Town Meeting. Mr. Burns retired at 8415 P.M. Copy of letter from the Emergency Housing Commission to Gail W. Smith was received with Emergency reference to Case 51-126, Gail W. Smith, vs. Housing Board of Appeals, Town of Lexington. A hearing will be held on riday, February 29, 1952 at 11:00 A. M. at 20 Somerset Street, Boston. The Board discussed a policy of keeping the tax rate down by bonding and transferring from available funds rather than by direct appropriations and arrived at the decision that a meeting should be held with the Appropriation Committee to discuss this subject. Mr. Stevens retired at 9:15 Y.M. Letter was received from Mr. Harry Knight, on behalf of the Church of Our Redeemer, request- ing permission to conduct a Paper Drive on Sunday, Paper March 2, 1952. Drive Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the request. Letter was received from the Lexington Visiting Nurse Association relative to the appointment of a member of the Board of Select- men to serve on the Board of Directors of the Association. Mr. Driscoll, now representing the Board, said that he would prefer not to serve another term because of the time involved as a member of the Selective Service Board. Satisfactory character reference was received from the Chief of Police on Joseph A. Trani, Jr., 11 Slocum Road. Further consideration was given to the notif- ication received from Joseph A. Trani, Incorporated advising the change in Manager of the corporation from Joseph Trani, Sr. to Joseph Trani, Jr. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to approve the change in managership. Rep. on VNA Board Of Dir. 164 Letter was received from the Appropriation Committee advising that a joint meeting of that Committee, Board of Selectmen, Chairman of the School Committee, Chairman of the Cemetery Commissioners and Chairman of the Board of Assessors will be held in the Selectmen's Hoorn, Monday, March 10th at 8:15 P.M. Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to grant a Sunday Movie license to Lexington Theatre, Inc. The meeting adjourned at 9:25 Y.A. A true record, Attest: Upon motion duly made and seconded, it was voted not to approve the item of $6,000 for tennis courts in North Lexington recom- mended in the Recreation Committee's budget for 1952. Discussion was held relative to the sale or lease of the Ad€ims School lot and upon motion duly made and seconded, it was voted to take no action on the matter at this time. itO 1 SELECTMEN'S MRFT ING March 3, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 3, 1952. There were present: Chairman Nickerson, Messrs. Gay, Hoyt, Emery and Driscoll. Mr. William M. Burns, Sup't of Public Works and Mrs. Flaherty, Acting Clerk, were also present. Mr. Lewis L. Hoyt was requested to serve as Chairman of the Board for this meeting inasmuch as it was his final meeting as a member of the Board of Selectmen, and he complied with this request. At 7:00 P.M. a hearing was held on the petition of J. T. Carlson to maintain one underground tank for the storage of 500 gallons of gasoline on premises at 83 East Street, Lexington. There were no persons in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to approve the petition and sign the license. A hearing on request for pole locations on Camellia Place, Lexington, by the New England Telephone•& Telegraph Company and the Boston Edison Company was held last week and decision withheld until this meeting. Mr. Pinery objected to setting more poles along this way and asked Mr. Burns if the pole now erected might be moved back along the brook rather than on the driveway. He asked Mr. Burns if he objected to the overhead wires and said that it might make it difficult to clean the brook. Mr. Emery suggested that Mr. Burns look into the matter further and report at the next meeting. The Irwin re Lot C, N It file to A 1 Hogan an pressure Mr. inch mai Hogan on is 25 or with rus Chairman read a letter from Donald K. uesting the extension of a water main to wers Road, Lexington. as agreed that this should be placed on e given consideration at a later date. tter was received signed by Henry P. Thomas Walsh relative to the water on Ames Avenue. Burns explained that there was a one running up Ames Avenue servicing the right and Walsh on the left. It 30 years old, has corroded and is filled 165 Gasoline Hearing Pole Location Request For Water Ext. Request For. Water Ext. 166 The request has been in before and the broken pipe referred to in this letter had been replaced Request For with a piece of copper pipe. Mr. Jackson, Health Water Ext. Sanitarian, has inspected the property. If a new pipe is put in it will help temporarily but the property will still be on a dead end. This is a private main. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to place it on file for action later in the year. A letter was read from Robert H. Sproat, 64 Prospect Hill Road, claiming damage to his Claim For property as a result of the collapse of a sewer Damages trench last fall. He estimated the damage at 076.00. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to refer this claim to Mr. Stevens for his recommendations. Claims Snow Removal Vet's Lot Letters were received from Harold E. Stevens, Town Counsel, advising the Board that he had made the following settlements for claims against the Town. Joseph A. Busa Eugene T. Buckley Forrest & Elizabeth M. Knapp $45.00 82.36 44.70 Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to ratify the action by Mr. Stevens and have the checks forwarded to him for payment. A letter was received from the Lexington Lumber Company requesting the Town to continue the removal of snow past the business property of Lexington Lumber Company and Custance Brothers after each snowstorm. Mr. Burns said that he had no feeling about it one way or another but he wanted the Board to understand just what it would mean. Mr. Nickerson said that he understood that it would include 18 or 19 other places in town where the 'same action would have to be taken and would cost the town from 02,500 to $5,000 approximately each year. He suggested that this item be put on the agenda next week and the members be prepared to vote on it at that time. A letter was received from Ralph W. Cowdrey requesting a refund of $100. his deposit on Lot 3, Hill Street, a Veteran's Lot. Mr. Cowdrey explained that his plans had been changed and he could not use the lot. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to refund the 0100 to Mr. Cowdrey. 1 The the amoun Maintenan Appropria standing needs the he will m A mo by Mr. Dr approved recommend Mr. As present h the drawi Shade Str serve at Lett and the T enactment costs of Mr. communiti to exert A le Associati Motor Coa 600, Walt intereste prevent a No a A le Fire Comm for a res the budge It w the Chair gesting t several y A le Commissio accident 5, 1952. Upon Mr. Emery file. A co Patterson Committee embers of the Board discussed at length of money to be appropriated for Highway e and it was agreed to go along with the ion Committee at $70,000 with the under- hat if, in September, Mr, Burns finds he additional funds requested in his budget, ke another request to the Board. ion was made by Mr. Emery and seconded iscoll, that the amount of p70,000 be n line with the Appropriation Committee tion and it was so voted. urns left the meeting at 7:30 P.M. . Carroll, Town Clerk, was unable to be left the Jury Box with the Clerk for g of one juror. Mr. Samuel Doll, 151 et, was drawn as traverse juror, to ambridge commencing April 7, 1952. rs were read from the City of Waltham wn of Wellesley in connection with the of Senate Bill 240 pertaining to the he Metropolitan Transit Authority. ickerson agreed to write to these s and advise them that we will be glad ur efforts to defeat this Bill. ter was read from the Amalgamated n of Street Electric Railway and h Employees of America, Division am, requesting the Board to become in the labor dispute in order to strike. tion was taken on the matter. ter was received from the Board of ssioners withdrawing their request ue wagon which had been included in for this year. s agreed to approve the action of an in answering the letter and sug- at it might be brought up again ars from now. ter was read from the Board of Fire ers which included a report of the nvolving the ambulance on February motion of Mr. Nickerson, seconded by it was voted to place the report on y of the resignation of Howard A. as a member of the Appropriation was read and placed on file. 167 Highway Maintenance Budget Juror Bill # 240 Labor Union Request Fire Comm. Budge t Fire Department Accident Resignation 168 Hearing re Speed Reg. For Route 128 Speed On Route 2-A A notice was received from the State Department of Public Works of a hearing to be held March 5, 1952, at 10:30 A.M., about the proposed regulation of the speed of motor vehicles on the new Route 128. Upon motion of Mr. Finery, seconded by Mr. Hoyt, it,was voted to request Chief John W. Rycroft to attend the hearing with the authority to speak for the Board and to express approval of the proposed rate if the occasion should arise. A notice was received from the State Depart- ment of Public Works advising the Board of the regulations governing the speed of motor vehicles on Route 2-A, State Highway, in Arlington, Lexington, Lincoln. and Concord. A notice was received from the Massachusetts Police Civil Service announcing the date of examinations Exam. for patrolmen for the Lexington Police Department as April 26, 1952. A letter was received from Donald A. Thomas, 787 Washington Street, Newtonville, owner of the adjoining property, offering 250.00 for the pur- chase of Lot 225 on Spring Street, Lexington. The Board decided in February, 1951, not to sell this property because of location of pro- posed sewer and it was voted to advise Mr. Thomas that this property was nbt for sale at this time. A letter was received from the New England Permit Foundation for Handicapped Children requesting Denied permission to hold a Tag Day in Lexington on May 2 or 3, 1952. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to deny the request. A letter was read from Wendell Irvine, April 19th Secretary of the April 19th Committee, requesting Committee the co-operation of the Board of Selectmen during the annual celebration. Tax Title Property Permit A letter was received from Robert W. Custance of the Battle Green Chapter Order of DeMolay requesting permission to sell ice-cream on April 19, 1952, using six boys with shoulder boxes. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to approve the permit to cover Massachusetts Avenue between Grant Street and Slocum Road, using the First Baptist Church to store the ice-cream. 1 A 1 District approval held in it seems Upo Nickerso and to r Supt. o Upo Emery, i of halls Mdsx. Co Lex. Fir Lex. Fie Lex. Art Upo EMery, i Lex. The David S. Mr. had been for the Mr. Lest of insta Upo Driscoll having t to autho The A t 169 tter was received from Lionel H. Beliveau, Scout Executive, Boston, requesting of the Annual Boy Scout Program to be Boy Scout exington on April 26th or on May 3rd if Permit advisable due to inclement weather. motion of Mr. Driscoll, seconded by Mr. , it was voted to approve this permit fer the letter to Mr. John J. Garrity, Parks and Playgrounds. motion of Mr. Driscoll, seconded by Mr. was voted to approve the following uses my Farm Bureau men's Relief Ass d & Garden Club .& Crafts Assn. motion of was voted tre, Inc. Michelson Cary Hall 'n.Cary Hall Estabrook Estabrook & C onf . Rm. 4/17/52 $35.00 5/25/52 35.00 3/19/52 Free 5/ 3/52. Free Mr. Nickerson, seconded by Mr. to approve the following licenses: Sunday Movies Guide License (Renewal) Nickerson advised the Board that Mr. Burns unable to secure any data on the oil heat oiler in Cary Building, but he has authorized r Andrews to prepare an estimate of the cost Boiler ling one. motion of Mr. Emery, seconded by Mr. it was voted to approve this action in e estimate prepared by Mr. Andrews and ize payment for same. Uses Of Halls Licenses meeting adjourned at 8:45 P.M. ue copy, Attest: Acting Clerk, Selectmen Cary Bldg. 170 SPECIAL SELECTMEN'S MEETING March 4, 1952 A special meeting of the Board of Selectmen was held on Tuesday evening, March 4, 1952, at eight o'clock for the purpose of organizing for the ensuing year. Mr. George W. Emery acted as Chairman and Mr. Gay, Secretary. There were present Messrs. Nickerson, Gay, Emery, Driscoll and Reed. The name of Donald E. Nickerson was placed in nomination to become Chairman of the Board and as there were no further nominations the Secretary was instructed to cast one ballot for Donald E. Nickerson who was declared elected Chairman of the Board of Selectmen. Mr. Haskell W. Reed was elected to the Board at the annual election on March 3rd and was officially welcomed by the other members at this meeting. An informal meeting followed at which time Mr. Reed was acquainted with the procedure of the Board particularly pertaining to the Annual Town Meeting. A true record, Attest. Secretary f -&ez- y t!� Cool 1 A r was held Building Chairman and Reed Works, a Hea of the N for cond petition to be ac SELECTMEN' S METING March 10, 1952 gular meeting of the Board of Selectmen in the Selectmen's Room, Town Office on Monday, March 10, 1952 at 7:00 P.M. Nickerson, Messrs. Emery, Gay, Driscoll were present. Mr. Burns, Sup't of Public d the Clerk were also present. ing was declared open upon the petition w England Telephone & Telegraph Company it location on Locust Avenue to supersede dated December 13, 1951. The petition ed upon contains approximately 104 feet of exist'ng conduit which was not included in the original petition. No •persons were present in favor or in oppositi.n and upon motion of Mr. Gay, seconded by Mr. P iscoll, it was voted to grant the petition and sign the order for the following conduit ocation which supersedes petition dated December 13, 1951: Pet Company Company pole on ximately plan, as Town Eng Mr. the oppo of the B some tim action w The Disney, advising 1951 he did not living i Mr. formed t neglecte However, assachusetts Avenue and Locust venue: From manhole 54/23 located n northeast side of Massachusetts venue, southwesterly, southerly nd southeasterly to pole 56/3 n Locust Avenue, approximately 48 feet underground conduit. tion was received from the Boston Edison nd the New England Telephone &.Telegraph or joint or identical locations of one aul Revere Road, southerly side, appro- 200 feet west of Asbury Street. The presented, was approved by Mr. Burns, neer. Emery suggested locating the pole on ite side of the street and the members and agreed to view the proposed location before the next meeting, at which time 11 be taken on the petition. Chairman read a letter from Fredrick G. 39-B Clayton Street, Montgomery, Alabama that since moving from Lexington in May, as continued to receive water bills. He tate at what address he resided while Lexington. Burns explained that Mr. Disney had in - e Water Department that he moved but to state that he had sold the property. the matter has now been straightened out. 171 Conduit Location On Locust Avenue Pole Location Disney Water Bill 172 Letter from the Lexington Lumber Company re- questing the Town to continue the removal of snow past the business property of the Lumber Company and Custance Brothers, was held over from the last meeting. The subject was discussed and the Board Snow arrived at the conclusion that if this request is Removal granted, the Town will have to lift snow from approximately twenty other commercial locations at an estimated cost of between 43,000 and 44,000 per year. The Chairman was authorized to explain the situation to Mr. Maynard, President of the Lexington Lumber Company. Tax Collector Mr. Burns retired at 7:15 P.M. Miss Mildred Thompson, Tax Collector met with the Board, at her request. The Chairman said that the Board understood she desired to discuss the request she made some months ago in regard to an additional clerk for her Department. He explained the reason that the Board did not invite her in before was not from the lack of courtesy, but was due to the fact that the Selectmen do not follow the same method of procedure in regards to budgets as the Appropriation Committee. He stated that the Appropriation Committee each year invites the heads of the Depart- ments in to discuss budgets and that the Board of Selectmen has considered her letter, presented with the budget, quite carefully. Miss Thompson mentioned the property in the Meagherville area and explained the procedure which she must follow to have these lots properly tax titled. Mr. Gay inquired as to how long it would take a girl to do this work and Miss Thompson replied that she wants another full-time clerk. She said that she is doing•all the work the Collector ever did and a good part of the bookeeping. She said that no one can work on the books and work at the window also. •The Chairman asked if she worked overtime and she replied in the negative stating that she does the bookeeping in between. Mr. Gay asked if there is enough work to keep a girl, hired for the Meagherville property, busy and Miss Thompson replied that she needs another full time girl. The Chairman asked if she had any other items to discuss and she replied in the negative stating that she mentioned the others in her letter. She retired at 7:30 P.M. CIO 1 The Thompson Board of not the ment. Mr. Let requesti front of The quest to The in reply whether Mr. Berne rooms, f storage It is for a c onf ormi Board un permissi permissi and the question Control Mr. Mr. Berm explanat Mr. unanimou Chairman was authorized to advise Miss that, after farther consideration, the Selectmen still believes that this is ear to add another girl to her Depart - Burns returned to the meeting. er was received from Gaetano A. Coscia, g the Board to have a tree planted in his house at 16 Hilltop Avenue. Clerk was instructed to refer the re - Mr. Garrity, Sup't of Shade Trees. Chairman read a letter from Town Counsel to the Board's request for advice as to ✓ not it has the legal authority to grant n's request to use two rear upstairs rst floor above the store, for additional f alcoholic beverages. s Town Counsel's opinion that the request extension or enlargement of a non - g use and should not be granted by the ess the Board of Appeals has given prior n. He also pointed out that even if such n were obtained from the Board of Appeals equest granted by the Selectmen, it is ble whether the Alcoholic Beverages ommission would approve. Emery moved that the Chairman advise n of Town Counsel's opinion with as much on as the Chairman deems advisable. Driscoll seconded the motion, and it was ly voted. Let er was received from the State Committee on Milit ry and Naval Affairs advising that a hearing ill be held on Wednesday, March 12 at 11:00 A. . relative to the proposed acquisition of a porion of the Bedford Airport by the U. S. Air Fore . Mr. P.M. The Mr. John Bedford groups. attend t less haz the one Mr. the Boar explaine abatemen Nursery basis th that wen Stevens arrived at the meeting at 7:40 Chairman reported a discussion he had with Gifford regarding the proposed use of the irport for training of jet interceptor Mr. Stevens said that he would plan to e hearing. The Board felt that a. runway, rdous to the residents of Lexington than roposed, might be used. Luke May had an appointment to meet with to discuss his water bills and Mr. Burns that some time ago Mr. May requested an because of leaks in his water line at the nd the Board granted an abatement on the t he pay what it cost the Town for the water through the pipe. 173 Tree Berman's Package Store Airport Airport Mr. May re Water Bills 174 Mr. May re: Water Bills He said that some time later he again applied for another abatement and, as Mr. Burns recalled it, he was given another abatement and was supposed to have had the leaks repaired. Mr. Burns explained that the pipe involved is privately owned and runs from the railroad tracks up to the Nursery, across the Nursery somewhere up to the house across the tracks. Somewhere between the house and the pit there are several leaks. He wanted Mr. Burns to put in a service from Massachusetts Avenue to the house but Mr. Burns told him that this is a private right of way and refused to grant his request. Mr. May met with the Board at 8:12 P.M. He said that he wanted the Board to abate the nursery water bill. He said that he thought three quarters have ,been billed at 4600 for each quarter and he is sure that a lot of the water has been wasted because there is a leak in the pipe. The Chairman asked if he owned the pipe and he replied in the affirmative. He said that he had received an abatement before; he knew about the leak and paid the wholesale cost of the water. He would like to handle it the same way this time. The Chairman .said that before the Board abated the bill, Mr. May agreed to fix the leak so that there would not be any future loss. Mr. May said that he did not recall the agreement and the Chairman explained that the abatement was not granted until the water line was repaired. Mr. May agreed and said that he thought he had fixed the line and it was all right for about a year and a half but this past year it has gone bad again. The Chairman asked if his average was about $50 per quarter and he replied that it is some- thing like that. The Chairman asked if his reason for not notifying the Board sooner was due to his illness and he replied in the affirmative. The Chairman stated that Mr. May owns the pipe and as far as the Board is concerned, it has no right to grant abatements time after time when the fault is in Mr. May's pipe and on his land. Mr. May agreed that the Chairman was correct, but he said that he was asking for an abatement at this time and further asked the Board to give him until Spring to fix the pipe, which he will do. He said that he borrowed the town 'phone but was unable to pick up the leaks and this year he plans to put in a new line. He said the line is about twenty years old and it is a series of fixing one break after another. ZIA 1 The the bill abatemen Chairman said that the Board will review for the last couple of years, since the s, and contact Mr. May. Mr. May retired at 8:20 P.M. Mr. in Cary handle o with a 1 for a st cost ano zones; T Mr. lowered Mr. much it until' s At with the Committe Cass of and Jack Commissi Clevelan the Appr Secretar Mr. of.any C any ques would li about th of Asses and the He said Secretar year at that the that tim would co Mr. Committe the subj Selectme made its the Sele Mr. did make was hire 04100 of that the moral or that poi that the time to be comp Burns reported that the present boiler emorial Building is large enough to 1 and the cost of converting to oil, ,000 gallon tank, plus a possible 0150 el pan is 44900. He said that it may her 0200 for zoning. This is for three wn Offices, Cary and Estabrook Halls. Emery asked if the boiler had to be nd Mr. Burns replied in the negative. Burns was requested to find out how ill cost for zoning if it is not done me later date. :25 P.M. the following individuals met Board= Mrs. Morey, Chairman of the School Chairman Burnham and Messrs. Emery and he Board of Assessors, Messrs. Gail Smith Garrity, representing the Cemetery ners, and Chairman'Bateman, Messrs. • James, Smith, Donnelly and Tucker of priation Committee and Mrs.. Rich, Bateman asked if there was any member mmittee or Board who desired to ask ions and Mr. Burnham replied that he e to ask the Appropriation Committee salary of the Secretary to the Board ors. The Assessors requested 44500 ppropriation Committee recommends 04100. hat according to the agreement, when the was hired, he was to receive y`p'4100 a he end of two years. The 10% increase Town voted in 1951 had not been voted at and the Assessors requested 04500 which er the 100 increase. Bateman said that the Appropriation did not overlook that and he referred ct to the Chairman of the Board of , because the Appropriation Committee decision on the figure recommended by tmen. Nickerson explained that the Board an agreement with Mr. Cronin, when he • that his salary would be raised to er a certain time had elapsed. He said Board never did make any commitment, otherwise, to raise his salary beyond t at any particular time. He stated Board does not feel this is the proper aise him into a category where he would able to the"Town Clerk and Collector of Taxes. 175 Boiler For Cary Bldg. Joint Meeting On Budgets 176 Joint Meeting On Budgets CC Mr. Burnham said that Mr. Cronin never received 0 the 10% increase and Mr. Nickerson stated that he received an increase in that year from 43600 to 44100. He said that Mr. Cronin would not be pre- cluded from any future raises that may be general. If the recommendations that the Selectmen are re- commending are passed, he will not have to work' Saturday mornings any more than the other employees of the Town. Mr. Nickerson said that the salary will remain the same so Mr. Cronin will actually be receiving more money per hour.. Mr. Nickerson said that in spite of the fact that Mr. Cronin has studied for his position and done a good job of preparing himself, he has only been in the employ of the Town for three years. He said that the Board is not going to attempt to remove any initiative by saying that the salary is going to be just so much. He came to work at 470 and is now receiving a substantial amount. He can look forward to reasonable consideration from the Board but the Board does not think this is the year. Mr. Leland Emery asked if the Selectmen are planning to have the building in general closed Saturday mornings so that the Assessors' Office could be closed all day. Mr. Nickerson replied that the Selectmen are going along with the program of a five-day week but the Town Meeting will have to vote to.change the By-laws. He explained that there is a reservation in the vote that evening hours may be called for at the discretion of the Selectmen. Mr. Gail Smith asked how the Appropriation Committee arrived at 412,000 for Westview Cemetery. Mr. Bateman replied that the budget had been refigured. The Appropriation Committee found that the Commissioners used 411,314 last year and the Committee just assumed that 412,000 would be an increase in labor. He explained that last year they had an increase of 7*% of a total year's wages. The Committee added 22 to that, gave a little more and rounded it out to 412,000. He said that the Committee has approved more this year for labor than the Commissioners had last year. Mr. Smith said that when they asked for 113,328 they had in mind the extended area they have been fixing and the extra work for taking care of it. He said that he is not sure the Committee's figures are not all right and maybe the Commissioners should cut the corners and not have it as nice as they would like it, but he was just curious as to how the Appropriation Committee did it. Mr. Bateman said that the Commissioners are planning four men during the summer; one additional man for twenty-six weeks at 4127 an hour. Mr. S ith said that they are making available new territmry which makes for extra work. Mr. B,:teman asked if they were planning to extend the cemetery next year and said that Mr. Potter had said that they were not extending the cemetery. Mr. S and roadwa the amount asked for Mr. B and roadwa the amount asked for Mr. B his Commit planning t had road a included t that the l said that Conimitt ee Mr. Committee the purcha do not buy fencing, s Mr. B Mr. G developmen Mr. B Committee 41,000 mor Mr. surface th do any fen purchased. Mr. S ith said that if the land is not pur- chased som thing will have to be done and Mr. Bateman sa'd that the Committee thought that shrubs or omething could be put on the side. Mr. :rrity said that he does not think the Town will et the land and there are probably 150 lots t at the Commissioners will not be able to sell be ause he did not believe anyone would want to buy lots located right next to a housing developme . He said that if it is fenced, it will requite about 700 feet. Mr. Bateman°said that it would have to wait for anotheu year and Mr. Smith of the Appropriation Committee said that the Commissioners could request additional funds at a Fall meeting. There being no further questions the group retired at 8:45 P.M. th replied that there is extra fence s to be done this year. He asked why of $2,000 had been approved when they 4,000. teman replied that there is extra fence s to be done this year. He asked why 'of 42,000 had been approved when they 4, 000. teman explained that Mr. Potter told ee that the Commissioners were not extend the cemetery this year but d fence repairs to make. The 44,000 e purchase of land and Mr. Potter said nd would cost 43.000. Mr. Bateman he last figure the Appropriation ad was 41600. ith said that the Appropriation as recommended unfavorable action on e of the land and if the Commissioners it, they will have the expense of reening and shrubbing it. teman said that it is fenced now. rrity said that none of the new is fenced. teman said that the Appropriation hought they were giving the Commissioners than they asked for. ith said that it will take 41350 to re - roads, and there won't be much left to ing or screening if the land is not 177 Joint Meeting On Budgets 178 Memorandum was received from the Massachusetts Selectmen's Association advising that Chapter 90 faces Chapter a 25% cut if the budget as recommended in the budget 90 message to the House Committee on Ways and Means, and now recommended by that Committee to the House, is passed. Copy of House Bill No. 2102 was received. This is an Act to Impose a Tax on Gross Receipts Bill 2102 and to Apportion the Revenue therefrom to the General Fund and to Cities and Towns and Providing a Limit for Tax Rates in Cities and Towns. Ambulance Ambulance The Chairman read a letter from the Board of Fire Commissioners reporting an accident involving the ambulance and police car #31, the estimated cost of repairs being 410. The Chairman read a letter from the Board of Fire Commissioners requesting a ruling in regard to the use of the ambulance on emergency calls re- ceived from outside of the Town. The Commissioners also inquired about the charge for the use of the ambulance to the Emerson Hospital in Concord. It was the gpinion of the Board that the ambulance should be available for use in surround- ing towns in of an extreme emergency. Mr. Emery suggested, and the Board agreed, that a possible change in rates be left to the discretion of the Chairman of the Board of Fire Engineers. Letter was received from the State Department of Conservation, Division of Forestry, in regard to Fire the appointment of a Fire Warden. Warden Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to Roy A. Cook as Forest Warden in the Town of Lexington for a term of one year. Notice was received from the State Department of Conservation in regard to the appointment of a Moth Superintendent. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to re -appoint Mr. John J. Garrity as Local Moth Superintendent in the Town of Lexington for a term of one year. Moth Supt. Cert. Of Incorp. Mr. Stevens retired at 8:55 P.M. Certificate of Incorporation was received on behalf of Verdie A. Dodds, 17 Dawes Road, Lexington. Satisfactory character reference was received from the Chief of Police. Approval was questioned by Mr. Emery and the matter was held over until the next meeting. 1 1 Lett that on M McDonough Town Cler Upon it was vo free of c V.F.W. Senior Hi Upon Driscoll, Lexington License. The A tr r was received from Mr. Carroll advising rch 4, 1952 he appointed Miss Mary R. as Assistant Town Treasurer and Assistant motion of Mr. Gay, seconded by Mr. Emery, ed to grant the following uses of halls, arge: Estabrook Hall March 11 & 25 h School Cary Hall June 9, 10, 11 & 13 motion of Mr. Emery, seconded by Mr. it was voted to grant application of Theatre, Inc. for a Sunday Movies eeting adjourned at 9:10 P.M. e record, Attest: le k 179 Appoint- ment Uses of Hall s License 180 SELECTMEN'S MEETING March 17, 1952 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town - Office Building, prior to the Adjourned Town Meeting, at 7100 P. M. Chairman Nickerson, Messrs. Gay, Driscoll,Emery and Reed were present. Mr. Stevens, Town Counsel, and the Clerk were also present. The Chairman informed the Board that Mr. Carroll had again written relative to sick leave pay for Miss Ready, Clerk in the Assessor's Department. He reported that as of a week ago last Saturday Mr. Cronin had contacted Miss Ready and she advised him that she is notable to return to work but would like work sent to her house. Mr. Cronin is now send- ing work to her at home and she is carrying on day by day. The Chairman was authorized to advise Mr. Carroll that the matter is now closed inasmuch as Miss Ready is back on Her regular work schedule. The meeting adjourned at 7:45 P. M. A true record, Attest: Clerk 1 A regul was held -in Building, on P. M. (the a Monday, Marc Messrs. Einer Burns, Suptt also present Petitio the New Engl j/o pole loo side, approx was held ove Inasmuc to view the was held ove Petitio Company and Company for Road, approx setts Avenue Action the next mee Petitio Company and Company for at the junct Action the next mee Petitio the New Engl permission t Camellia Pla The Clerk ma for next wee Certifi Verdie A. Do the last mee Messrs. the oertific regarding t oration. Mr. Gay next meeting SELECTMEN'S MEETING - March 18, 1952 r meeting of the Board of Selectmen he Selectmen's Room, Town Office 'Phesday, March 18, 1952, at 7:00 journed Town Meeting being held -on -17, 1952.) Chairman Nickerson, , Gay, and Reed were present. Mr. of Public Works, and the Clerk were from the Boston Edison Company and Telephone & Telegraph'Company for tion on Paul Revere Road, southerly ately 200 feet west of Asbury Street, from the last meeting. as the members of the Board preferred roposed location, action on the petition until the next meeting. was received from the Boston Edison e New England Telephone & Telegraph en /o pole locations in Paul Revere mately 20 feet northeast of Massachu- n the petition was held over until ing of the Board. was received from the Boston Edison he New England Telephone & Telegraph- ne i/o pole location in Cedar Street, on Of Paul Revere.Road. n the petition was held over until ing of the Board. from the Boston Edison Company and nd Telephone & Telegraph Company for run and maintain wires over and across e was held over from the last meeting. instructed to place it on the agenda s meeting. ate of Incorporation on behalf of ds -17 Dawes Road,was held over from ing. Emery and Reed were opposed to signing to until further information is obtained applicant and the purpose of the corp - agreed to contact Mr. Dodds and report 181 Pole Location Pole Location Pole Location Pole Location Cert. of Incorp. 182 Airport At 7:30 P. M. Colonel Ingeleto met with the Board in regard to the negotiations under way be- tween the United States`Government- Military Forces and the State of Massachusetts taking over control of the Hanscom Airport in Bedford. The Chairman explained that the Board's chief concern is the pointing of the main strip with the instrument landing beamed on the Parker School -and said that if the proposed 2,000 feet are added, it will bring it a little less than a mile and -a half nearer to the school. Colonel Ingeleto said that he was not sure what the Board had in mind and could have brought a master study plan which was made by a -Boston - Architectural Engineering Firm. He said that he could show the results of the study at some later date either individually or collectively. Be stated that he was surprised at the reaction at the hearing because he did.not realize it was • such news to people of the vicinity because the planning had been done some time before.he came to Massachusetts in July. He stated that as a result of a survey it was decided that the field could not be used in the state it existed and that it would be impossible to use run 735. The Chairman asked if it was because of the hill and Colonel Ingeleto replied that there are some hills back some distance from it. He said that nothing had led him to believe that any run- way would be better than 1129 and his objection to 1129 is an economical one.. As far as -flying is con- cerned he is certain 1129 is the best, and that is the one which is to be extended. He said the bad feature of 1129 is the fact that on the Concord end of it, there are two hills - Pine Hill and -another. The Chairman explained that Pine Hill already has the shoulders cut off. Colonel Ingeleto said that it does not meet the Air Forae requirements. He said it was cut back in 1940 or 1941 and if a plane were to plow into it some- one would be on the spot explaining why it was cut that way. He explained that a study had been made of what it would take to elongate 1129m -the Concord side and there are several figures on it. He said that everyone is agreed that 800,000 cubic yards would have to be removed, and the last estimate was $300,000,000. The Chairman said that the Board looks at this from the angle of safety to the Town -and has become aroused because of the school and the thickly populated area. He also informed the Colonel that•the Board has written to Senators and Representatives in Wash- ington advising that the Board is fearful of the danger to the Town. 1 1 1 1 He said t whatever has t safety. Colonel I said Aeronautic the past year in airports. high instance in the distanc strengthen the The Chai the instrument and he does no are. He said they will be p Colonel I an instrument that generally the trouble is Mr. Steve no explanation was selected, headed to a po Colonel I the only two t stated that in particular run angle requirem them. He said Concord, and o of the use wil that the bad w instrument app that basis run Mr. Steve for jet interc runway. Colonel I C. A. A. has a The only contr 20-80 ratio of Mr. Steve or Washington ferring to Was Colonel I at present sta two squadrons and Massachuse abd two at B The Chai alarm is the j at the Board would like to see 'diet be done is done with a maximum of eleto suggested that the C. A. A. Commission make a quick study over ✓ two of where the accidents happened e said that if the report showed very f accidents off the ends of runways s now under discussion, it would Board's case; an said that, as he understands it, approaches will be made from the west know how good instrument approaches t if they take more than one try, inted directly at the school. geleto explained that the danger in anding is. the approach end. He said speaking, on an instrument approach, in the air. s said that at the hearing there was given as to why this particular strip nd it is the one that appears to be ulous area. geleto said that run 211 and run 5 are at do point to any populous area. He an•A and E study made, they felt that ay,'north-south, did not meet the glide nts. The other two runways do meet that aircraft will take off toward the new elongated runway 80% or 90% be the west. The study also showed ather moved in from the oceanand the oaeh will be made into run 211. On 1129 is the one that was selected. s asked if the C. A. A. approved.Bedford ptor and also if C. A. A. approved the eleto replied that as far as he knoWs, proved everything in the transaction. versy is the C. A. A. instance that aircraft movements is not enough. s asked if he referred to the Boston ffice and he replied that he was re- ington. eleto said that the jet squadron is ioned at Bangor, Maine, and the only o guard this section of New Hampshire is eoasts are two squadrons at Otis or. an explained that the second cause for t squadron: 183 184 Hearing Colonel Ingeleto said that they are planning on about 56 test aircraft of which about 14 should be jets. If the jet squadron comes in, there will be 25 aircraft, and they are a day squadron, Colonel Ingeleto informed the Board that the 1952 Hanscom money was set up for the East Air Defense Force to get the field ready and that the Board should act as quickly as possible due to the fact that the funds have to be obligated by June. He retired at 8:55 P. M. Mr. SteY tf$ said that the Board could take the position that it wants to be convinced' that this is the proper place for a jet squadron and if the squadron is going to be here, ask that they use the runway which is the safest. It was agreed to discuss the subject further next Monday night before Town Meeting. Notiee was received from the State -Department of' Public' Utilities- advising of a hearing to be held April 2, 1952, Room 166 State House at 10:15 A. M. on the subject of minimum hourly rates for vehicles transporting certain dump truck commodities. No action was taken on the matter. Memorandum was received from the Massachusetts Selectmen"'s Association, together with statement, con - House Bill cerning the diversion of income tax money proposed by 2150 , the budget, House Bill 2150, which has. been adopted by the House of Representatives* The statement was taken by Mr. Stevens, Town Counsel. Memorandum was received from the Massachusetts Federation of Taxpayers'Association in regard to Water Financing - Metropolitan District Commission. No action was taken. Mr. Burns retired at 9:00 P. M. Petition was received signed by residents of. North,. Location Street and vicinity, asking for a hearing for the pur- of Middle- pose of discussing the proposed routing of the Middle- sex Pike sex Turnpike and the location of a cloverleaf. . The Chairman was authorized to contact Representa- tive Ferguson and ask that he arrange a conference with the State Engineers. Deed, prepared by Town Counsel, conveying Lots 14 Deed and 15, Block 17, Reed Street to Lee E. Tarbox was signed by the Board. Mr. Stevens retired at 10:Q5 t. M. Zti 1 1 The Chairm that the School Company to make schools. The letter had reappointed Recreation Comm Surety Bon behalf of James ceived. Upon motto was voted to ap Applicatio Concord Avenue, Upon motio it was voted to license. Applicatio Products for a 264 Marrett Roa was received fr Upon motio was voted to gr ' Certificat William N. Swif of the Board. Upon motio grant the folio Lex. Boys' Club Lex. Choral Soc ety Lex. Knights of Columbus 18 read a letter from Mrs. Morey advising Committee has voted to employ the Grinnell School periodic checks of the sprinkler systems in Sprinklers also advised that the School Committee Mr. Robert T. Person as a member of the ttee for another term. P -101164, -in the amount of $56,200 on J."Carroll, as Town Treasurer was re - of Mr.Emery, seconded by Mr.Gay, it rove the bond and place it on file. was received from Theron Gough, 451 for renewal of his peddler's license. of Mr. Emery, seconded by Mr. Reed, approve the application and grant the was received from the Happy Home eddler's license for Frank . O'Brien, Satisfactory character reference the Chief of Police. of Mr. Gay, seconded by Mr. Reed, it t the license. s of Incorporation for David Toomey and were held over until the next meeting duly made and seconded it was voted to ing uses of halls: Cary Cary Cary Dance $35.00 Rehearsal free Breakfast free The meetin; adjourned at 10:25 P. M. A true copy, At est: App ' t. Bond License License Cert. of Inc. Uses of halls 186 SELECTMEN'S MEETING March 24, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday; March 24, 1952, at -7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. The Clerk was also present. Petitions for jointly owned pole locations,'re- ceived from the Boston Edison Company and the New England Telephone & Telegraph Company, for Paul Revere Road and Cedar Street were held over again. Pole The Chairman reported that a majority of the Location Board had viewed the proposed locations, and it was left with Mr. Burns to contact the petitioners to find out whether or not the poles can be located on the opposite side of the street. Mr. Burns is to re- port next week. Petition from the New England Telephone & Tele- graph Company for permission -to maintain wires over Camellia Place was held over. Pole The Chairman explained that'there appears to be Location three alternatives* One•is that the poles come across the railroad track from Hancock Street. However, Mr. Burns said that the company does not like dead ends. He stated that there is a pole almost directly in back of the fire station and by the installation of one more pole on the east side of Camellia Place, the house in question may be serviced. The third solution would be to start at Bedford Street and come up along by the brook and come out at Camellia•Place or come into the house at the rear. Mr. Burns feels that the company will want to carne out onto Camellia Place by the house. The Chairman stated that these three proposals will be presented to the Telephone Company by Mr. Burns and he will report to the Board next week. The Chairman read a letter from Gardner Ferguson, 54 Burlington Street, requesting the'extension of the Ferguson sewer system to include his property. request for The Chairman explained that there are no funds sewer ext. available for this particular extension and it will have to be a future consideration. He said that possibly if the Burlington Street project were started last in the program and the funds were available, this request might be granted. In the meantime it is not in the 1952 items. 1 The Chai 91 Concord Hi trunk line se trouble with This is quest was pla future time. Letter w that William the Town,to r destroyed dui, Mr. Ballard t that payment Park FLind-,. wh The Boar for this purp the expenditu Certifica Toomey, 1061 Mr. Reed Commander of oration is fo Jerome Garrit idual of exce Upon mot it was voted Certific A. Dodds, 17 Mr. Gay moved that th seconded the Certific N. Swift, 34 Upon mot was voted to Mr. Stev The Chai Chairman of t ence to the a for the Fire Mr. Eme subject with was held over 187 an read a letter from Eugene R. Keefe, way, requesting the installation of a Keefe request er due to the fact that he is having for sewer is cesspool. main of a 1952 project and therefore, the re- ed on file for consideration at same s received from Mr. Garrity advising . Ballard of Hastings Road has requested place a cut -leaf birch tree that was ng a wind storm in 1944. He agrees with at the tree should be .replaced and suggested e made from the Everett Mulliken Hastings oh has an accumulation of.253.13. felt that if money is.available in a fund se and the Trustees of Public Trusts approve, e, a letter should be written to Mr. Nichols. e of Iihcorporation on behalf of David F. assaohusetts Avenue, was held over. eported that this individual is Vice- he V. F. W. of the State and this corp - a convention to be held in Revere. informed Mr. Reed that he is an indiv- lent character. on of Mr. Reed, seconded by Mr. Driscoll, o sign the certificate. te of Incorporation on behalf of Verdie awes Road, was held over. eported favorably on this individual and certificate be signed. Mr. Driscoll otion, and it was so voted. te of Incorporation on behalf of William aneock Street, was held over. on of Mr. Emery, seconded by Mr. Reed, it ign the certificate. ns, Town Counsel, arrived at 7:25 P. M. an read a letter from Harold E. Roeder, e Board of Fire Engineers, with refer- pointment of a Deputy Fire Chief Engineer epartment. said that he would like to discuss the r. Roeder. The Board agreed and the matter for another week. Ballard request for tree Cert. of Incorp. Cert. of Incorp. Cert. of Incorp. Deputy Chief Engineer 188 Letter was received from Jon Hathaway, on behalf Paper of the Battle Green Chapter of -the Order of DeMolay, Drive requesting permission to conduct a town -wide paper drive on Sunday, April 20th. - Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr.•Driscoll, Tax Coll. it was voted to approve Surety Bond F-101163, on be - Bond half of G. Mildred Thompson as Tax Collector, in the amount of $59,400* Application was received from L. J. renewal of Common Victualler license for Foss Because of conditions rumored to be Comm. Viet. this particular establishment, action on License tion was held over and Mr. Gay agreed to and report next week. Special Police Use of hall Foss Co. for 1952. existing in the applica- investigate Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant a Sunday Movies License to the Lexington Theatre, Inc. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to re -appoint the following Special Police Officers for a term expiring March 31, 1953: (List on file in Selectments Files - 1951 - Appointments) Application was received from the Church of our Redeemer requesting permission to conduct a Minstrel Show in Cary Hall on May 14 and 15 and one dress re- hearsal. Upon motion of Mr. Driscoll, seconded by Mr. Emory, it was voted to grant tbe.i es subject to a charge of $35 for each night; the dress rehearsal to be free. Applications for the position of Veterans' Agent' were received from Cornelius Cronin and Maurice Healy, 2983 Massachusetts"Avenue. Insofar as Mr. Cronin is concerned, the Board felt that possibly the work in the Assessors' Office and the veteranst work might conflict and that there is a -question of policy involved. It was agreed to invite Mr. Healy to meet with the Board for an interview before any decision is made. The Chairman read a telegram from the Recess Com- mission of Local Transit Companies advising that a hear- ing will be held on March 27th re problems confronting transportation companies as they affect this community. 1 The Ch Burri, 29 H necessary t to get to h dump two or Holland Str private way Town to do Upon m voted to ma terms of on otherwise n Board of Ap Board of Ap (Associ Board of Pu Building In Constable Dental Clin Dog Officer Executive C Field Drive Fence Viewe Gammell Leg (Acting wi irman read a letter from Mrs. Lucidino llside Avenue, stating that it is use Holland Street, off Taft Avenue, r house andasked to have the Town three loads of cinders on the street. et is only a paper street and a which makes it impossible for the ny work whatsoever. tion duly made and seconded, it was e the following appointments for year expiring March 31, 1953, unless ted. APPOINTMENTS MADE 3/24/52 eals eals to Members) lic Welfare pector nder Ch c erk s s Errol H. Locke (5 year term) J. Henry Duffy George W. Emery Elmer C. Houdlette Edwin B. Worthen, Jr. Harold r'. Lombard Arthur F. Mason Francis J. Hunt John A. Sellars Howard H. Dawes Ernest A. Lindstrom 41, Sec. Charles E. Moloy 91A:) Mrs. Vincent Burke Mrs. John R. Rich Mr. Thomas S. Grindle James F. Mowat Eugene M. LaRose Hazel J. Murray John W. Rycroft Benjamin W. Day Rev. Harold Handley John J. Garrity cy Income Trustees Harn,& F. Lombard h Board of Public Mrs. Robert C. Merriam Welfare) 189 190 Appointments Lockup Keeper Measurer of Wood & Bark (continued) John W. Rycrof t Harold I. Wellington Moth Department Superintend- John J. Garrity ent Old Age Assistence Park Superintendent Plumbing Inspector Public Works Super- intendent Recrer.tion Committee Registrars of Voters Sealer of Weights Town Counsel Town Engineer Veterans' Agent Weighers Wire Inspecter & Measures Board of Retirement Bridge Charitable Fund Trustees Harold F. Lombard Arthur F. Mason Francis J. Hunt John A. Sellars Howard H. Dawes John J. Garrity Ernest A. Lindstrom William M. Burns Dr. Howard Foley (3 yr. term) Charles F. Vaughan (3 yr. term) Ralph E. Chadwick Harold E. Stevens William M. Burns Harold I. Wellington Jacob Bierenbrodspot Paul Wagner Jr. Arthur J. Rivet,Jr. Arthur Genetti Thomas Lynch Mrs. Norman D. Copeland Louis W. Bills. Howard S. O. Nichols (6 yr. term) expires 1958 Howard S. 0. Nichols ( 6 yr. term) expires 1958 The meeting adhourned at 7:55 P.M. A true record, Attest: Cle sal 1 1 1 A regu was held in Building, o Chairman Ni and Reed we Works, and Mr Bur and informe of money ou 4614 for a May's avera quarter and would be 03 is $164.10, is the norm or 0266 to He sai vote&,to ad three month Mr. May to the average He was also rate of wha Mr. Bu corresponde said that leaks, but He explaine Mr. May to in a new li per foot. prepared to chusetts Av $1,000. Mr. Em the Town ha the que,stio responsibili the matter Mr. Bu and explain damage caus a list of t ject with t acknowledge claims. He like to pay SELECTMEN'S 1TEFTING March 31, 1952 ar meeting of the Board of Selectmen the Selectmen's Room, Town Office Monday, March 31, 1952 at 7:00 Y.M. kerson, Messrs. Emery;Gay, Driscoll e present. Mr. Burns, Sup't of Public he Clerk were also present. s reported on Luke May's water bill the Board that the total amount standing at the present time is eriod of a year and a half. Mr. e normal consumption was 454.83 per for six quarters his normal bill 8. 98. The excess water at cost making a total of #493.08 which 1 plus the excess at buying rate, e abated. that in April, 1949, the Board just Mr. May's bill for the last , amounting to 4401.80 as follows; ay 054.83, which was figured as bill for the last eight periods. to pay for the over -age at the is charged to the Town. ns reviewed the case and read ce in connection with it. He . May has repaired some of the e has had no normal quarter. that the only solution is for tart at the pit meter and put e which will probablycost $1.00 le told Mr. Burns that he was put in a service from Massa - nue to the house and spend about ry said that if, as the no right in this priva of repairing the_ tape ty and unless the Board s closed. Board assumes, to line, is Mr. May's votes to abate, ns referred to the contract with Brox d that claims have been received for d by blasting. The Town Counsel has e claims and has discussed the iitub- e bonding company. The co#pany liability and will take care of the said that on this basis, he would Brox 8% of the retained percentage 191 Luke May's water bill Partial payment of Brox retained percentage 192 Closing Offices Saturdays on the sewer work. The Chairman asked if Mr. Burns wanted to pay him 4/5 and:he replied in the affirmative, stating that payment is recommended by Town Counsel. The Board had no objection to paying 4/5 of the retained percentage on the sewer project. Mr. Burns reporter that he had talked with the Town Clerk today relative to closing the Town Office Building on Saturdays, and was informed that a copy of the vote of the Town Meeting will have to be sent to the Attorney General for approval and then -it must be published for three weeks. Mr. Carrall told him that he would take care of it tomorrow. Mr Burns said that he has made up a schedule of hours for the men in the Public Works Department and would like to put it into effect Friday morning. Mr. Emery asked if it were a year-round schedule and Mr. Burns replied that he would not make it hard and fast. The Chairman suggested, and the Board agreed, to authorize Mr. Burns to use his own discretion in the matter. Mr. Stevens arrived at the meeting at 7:30 P.M. Mr. Burns reported that Sunnyfield will be ready for bids May 1st; Marrett Road, et al, May 15th and the streets June 15th. He said that he has engaged the firm of Whitman & Howard and, including engineering and Engineering supervision, the Sunnyfield project will run 9i% of the total cost of the job and the others will be on the basis of between 5-;.% and 6%. He stated that it is understood that everything is to be done to his satisfaction. The Chairman read a letter from the County Commissioners advising that before any action is taken on Hill Street it will be necessary to have a Hill St. petition filed with the Commissioners. Chap. 90 Upon motion of Mr. Emery, seconded by Mr. Gay it was voted to petition the County for relocation and specific repairs on Hill Street as a Chapter 90 project. The Chairman read a letter from Harold B. Needham, stating that water from Fern Street runs down his driveway and wears away the blacktop as well as Needham damaging the lower part. Complairt The Chairman agreed to make an appointment with Mr. Burns to view the location. Letter was received from Charles L. Merrill, 1073 Mass. Avenue stating that he had to pay a plumber §16.25 due to a blockage in a sewer pipe and that the Town man found the Pipe was clogged up out in the middle of Massachusetts Avenue between Plainfield and Maple Streets. He feels that the 112 I Town shoul Mr. B see if the wasn't. T down, beca and it was line. He 4104. The situation plumbing b Lette in regard taken by T posed cont Mr. B met with t Bids Department Frederic R. 1952 Ma Allowan Cost 1952 Ma Allowan Cost 1952 Ma Allowan Cost F. K. John pay the bill. rns explained that the men went down to main line was clogged and found that it erefore until the shovel could be taken se the stoppage was in the connection, found that the pipe clogged was in Merrill's aid that the cost ;to the Town was about airman was authorized to explain the o Mr. Merrill and decline payment of his 11. from the East o low airplane wn Counsel who act and report ns retired at e Board. Middlesex Mosquito Control flying for spraying wE s agreed to check the pro - next week. 7:50 P.M. and Chief Rycroft or three 1952 cars for use by the Police were received as follows: Childs 'nline Ford V8 Tudor Sedan e on 1950 Ford nline Ford V8 Tudor Sedan e on 1951 Chevrolet nline Ford V8 Tudor Sedan e on a 1951 Ford on, Inc. 1952 Ch-vrolet Sp. Series 2 -door Sedan Allowan e on 1951 Chevrolet Cost 1952 Chevr•oaet Sp. Series 2 -door Sedan Allowance on 1950 Ford Cost 1952 Che rolet Sp. Series 2 -door Sedan Allowance on 1951 Ford Cost 41790.05 1250.05 540.00 1790.05 145.0.05 340iL00 1790.05 1450.05 340.00 1689.41 1247.34 442.07 1689.41 1247.34 442.Y/ 1689.41 1047.34 642.07 193 194 Veterans Agent Upon motion duly made and seconded, it was unanimously voted to purchase two 1952 Mainline Ford V8 Tudor Sedans, complete with equipment as listed, turning in a 1950 Chevrolet and a 1951 Ford, from Frederic R. Childs at a net cost of p680and to purchase one 1952 Chevrolet Special Series 2 Door Sedan, complete with equipment as listed, turning in a 1950 Ford 2 door sedan, from F. K. Johnson, Inc.at a net cost of 4442.07. The Chief asked if he understood correctly that the Department will have two new Fords and one new Chevrolet and the Chairman replied in the .Affirmative. The Chief said that there is a question of generating power on the Ford to. keep the battery up. Ile has generators that can be used on the Chevrolet but not on the Fords. The two extra generators have been in the Department for about eight years. He. asked if the money in the appropriation over and above the bids could be used to purchase two new generators and the Town Counsel replied that he could not see any diffi- culty. The Board, therefore, authorized the Chief to purchase two new generators. Chief Rycroft retired and Mr. Maurice Healy, applicant for the position of Veteran's Agent, met with the $card at 8:10 Y.M. The Chairman explained that the Board is chiefly interested in his experience and knowledge about what is required for this particular position. Mr. Healy said that he did not know what the d.tles were and the Chairman exTlained that they are not entirely clerical. He Aaid that thetrconsist a of handling all the clerical work and the work involved in distribution of funds. It also entails following the people who recommend an applicant and every ap- plicant has to have three individualsrecommend them. He also explained that it is the duty of the Agent to make personal contracts with each recipient of funds every three months. 1vIr. Healy said that he thought he could do the work easily in view of his experience and presented the Chairman with letters of recommendation which appeared to be character references. The Chairman asked. about Mr. Healy's occupation and he replied that he was a bus driver, but had to give the work up on advice of his doctor. At the present time he is unemployed. He said that he has been a taxpayer and voter in Lexington since his discharge in 1945. He retired at 8:15 P.M. Mr. Driscoll reported on an investigation he Made on Mr. Healy's behalf and the subject was discussed at length. ie cision was held over until. 1 195 the next mee ing of the Board. Mr. Cha les E. Ferguson and Mr. V"�illiam G. Potter met with the Board and lir. Burns returned to the meeting. Mr. Per•uson ±dl that'therNortheastcGas: Company has laid a pipe line across the Town and in the process of laying th pipe line has taken or damaged property owned by him and Mr. Potter. lahen the company was originally n ;otiating for the agreements to lay the pipe they ht,. an agreement that they were circulating to the prope ty owners that would commit the owner Ferguson & to give them the right to make the taking of about Potter 1/4/ a foot .r §1.10 per rod for a permanent taking claim of thirty fe t and a temporary taking of fifty feet. He said that he and Mr. Potter did not sign the agreement. ey have been negotiating since last July or August and 44 far have been getting nowhere. He said that he does not know if the Board has had any complain s or requests from other people in town. He wondered 'f, under the law which gives the Selectmen the right in the case of taking by a corporation to assess the damages tc4he property, whether or not the Selectmen fe-1 that they want to exercise their prerogative .nd assess damages to this property. He said that the Northeast Gas Company con- tacted Fred 'pencer in an attempt to get an appraisal and authoriz d him to make an appraisal of the damages on this prop rty and somed'er properties. When he filed his ap.raisal on thle -erguson and Potter Land, the company old him not to bother with any others. He said that Mr. Spencer's appraisal was away above what the com.any offered. The Chairman asked Mr. Ferguson if when he said "asses dthe d"=mages against the property" he meant that they maIe a i.ermanent taking and Mr. Ferguson replied that they mase a thirty-foot taking. He said that he was inclu•ing the property affected by the taling as well as t e taking. He said that in the process of making th taking they isolated about four or five acres of lane that could eventually be developed into good building lots. He presented [: plan of the land which s owed the thirty-foot taking. The ('harman asked if a break in the pipe would mean a explosion and Mr. Ferguson replied by referring to what happened in Rochester and other cities. Mr. Fer_uson said that the D.P.U. was authorized to draw upatrregulations, but neer done so and Mr. Stevens -aid that they have prepared some regulations. 196 The Chairman asked if the lots were recorded and Mr. Ferguson replied, by designating certain lots on the plan, and said that this is the only area laid out. The Chairman asked if the lots were 15,500 feet and Mr. Ferguson replied in the affirmative. The 6hairman said that it would appear that if the area had to be lotted again several lots would be lost and Mr. Ferguson said that he would be losing 42 acres. The Chairman asked what he was talking about in money and Mr. Ferguson replied that the company offered 42,000. Mr. Gay asked Mr. Spencer what he put on as a value and Mr. Ferguson presented the Chairman with a copy of Mr. Spencer's appraisal of 47500. The Chairman asked if he thought Mr. Spencer's appraisal was fair and Mr. Ferguson replied that he thought it was reasonable. The Chairman asked how it would work to Mr. Ferguson's advantage of the Board to assess the damages. Mr. Ferguson replied that the law provides that when a taking is made by a corporation the damages to the property affected can be assesed by the Board of Selectmen. The Chairman asked if he meant the amount and he replied in the affirmative. The Chairman asked if he meant that the Selectmen have the power to establish the amount of damages and Mr. Ferguson replied in the affirmative. The Chairman asked Mr. Stevens for his opinion and he replied that he does not know of any case where this method has been used. He explained that the law has been on the books a good many years but he does not know of any case where a Board of Selectmen has been asked to assess the damages. He explained that if the Board acts, it must notify the company and there would be a hearing which would be conducted by the Selectmen. ¶flae Board would consider evidence introduced by both sides and then make a decision, and award damages. The Chairman asked what the. recourse would be if the gas company did not like the award and Mr. Stevens replied that he does not think they have any. Mr. Gay asked how the land is assessed now and Mr. Potter replied that it is assessed by the acre. He said that the Town has a bond covering this and Mr. Stevens stated that the Town has a bond, the amount of which was recommended by Mr. Potter., - Mr. Driscoll inquired about the date of taking and Mr. Ferguson replied that it was July 18,1951. 1 The Ch Board could been advise Mr. Fe formal peti replied in Mr. P o and Mr. S t e that he tho justice'to this is jus Board that agreed. The Ch Mr. Ferguso steps and i Messrs The Ch attorney fo on Philemon which she h Mr. St these lots wants to se The Ch in an effor Chaim Recreation Board, at t question as and Dr. Fol of dances c Promenaders The eh records tha of sponsori Dr. Fo the dances, c - _ feeling of sponsor any tt is to th The Ch that a copy Meeting to definite i Selectman n The he iliman said that he did not know what the do other than to 'knowledge that it has of the situation. guson asked if he would have to file a ion to the Selectman and Mr. Stevens he affirmative. ter asked if a hearing had to be held ens replied in the affirmative. He said ght it was one of the principles of ave a hearing and offer evidence and that a preliminary conference to advise the petition will be filed. ir. Ferguson irman stated, to conclude the discussion, and Mr. Potter have taken the preliminary is now pp to them to file a formal petition. Ferguson and totter retired at 9:00r.IJt. irman read a letter from Joseph A. Purcell, Mrs. Irene B. Graziano, 're -certain lots Street, listed as tax title property, to s a deed prepared by Daniel J. O'Connell. vens advised that if the records show o be tax title property and the Board 1 them, it will only have to pet a price. irman agreed to write the Town Clerk to determine the status of the property. n Foley, Messrs. cotter and LeGrow of the ommittee, and Mr. Garrity met with the e Committee's request. There is some to the powers end duties of the Committee y referred specifically to the sponsoring nducted by the Boy's Club and the so-called group. irman said that there is nothing in the is pertinent to this particular question g dances. ey explained that the group is running has its own officers and controls its own finances, but the he committee is that if it is going to hing it should be a little closer than s. irman suggested, and the Committee agreed, of the original report submitted to Town btained in an effort to find out more ormation given the matter by the xt week. reation Committee retired at 9:20 P.M. 197 Tax Title Recreation Committee 198 Tax title Property Upon motion of Mr. Finery, seconded by Mr. Driscall, it was voted to sign a deed, prepared by Town Counsel, conveying Lot 3A Waltham Street to Joseph F. Freni end Francis L. Freni. Mr. Stevens reported on.the claim for damages involving the street sweeper and explained that Claim re: some of the Towns do defend the employee and if street he is sued for damages as a matter of course pay the sweeper damages. The Chairman asked if Mr. Stevens wa.s recommending that the Town defend the man involved and i,Ir. Stevens replied that if he is to be kept on as an operator of the sweeper, he thought he should be defended. He said that he does not see how the Board can keep him on as a driver and not defend him. It was unanimously agreed that Town Counsel should defend'. the employee operating the sweeper if he is sued as a result of an accident in which the sweeper was involved. Mr. Stevens reported that there are two claims outstanding on Waltham Street - Bickford and Hayes. Bickford The Bickford's are now willing to give the Town a Waltham St. full easement to maintain the wall as it now is and claim:: a confirmatory deed of the area taken. He said that it seems to him desirable to settle for the sum of 0300. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize the Town Counsel to settle both claims for 4300 each. Letter was received from the State Department of Public Works, together with a copy .of a letter to Mrs. Anna Hawley, 46 Bellflower Street, who had apparently written to the State in an effort to have some work done. The Chairman was authorized to advise i1rs. Hawley that inasmuch as this is an unaccepted street, the Town can assume no responsibilty for its condition, At 10:10 P.M. the following members of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Irwin, Hathaway, Johnson, Potter, and Ripley. Mr. Burns was also present. Mr. Adams said that Chapter 134 of the Acts of 1952 is imposing quite a problem on one of the appointed Boards and it seemed to the Planning Board that a discussion of the ways and means of what it involves might be beneficial. 1 The 01 the matter present th but it app out by tri The s group reti Petit questionin; the East L The C about 42,0 agreed to have to be discussed. • Lette Men's Club Old Adams on Saturda Upon it was vot Lette in regard School Co Upon it was vot sum of 41, Lette Ritter, 13 objecting in grantin erection o Manuf ac tur The c that the S of Appeals not be fro Lette appointmen Det. artment airman said that the Selectmen discussed very hurriadArearlier this evening and at Board does not know what the answer is, ars that this is something to be worked 1 and error. bject was discussed at length and the ed at 10:35 P.M. on was received, signed by 129 individuals, the installation of a traffic light at xington Fire Station. airman eltplained that the request involves Traffic Light 0 and there are no funds available. He dvise the petitioner that the matter will deferred until the budgets for 1953 are 199 Chap. 134 Acts 1952 was received fnom the East Lexington`:; requesting permission to use the so-called chool lot for an Antique Show and Auction June 7th. otion of Mr. Driscoll, seconded by Mr. Gay, d to grant the request. from Arthur Ferrera, 16 Bowman Street, in o the school bus strike was referred the ittee. otion of Mr. d to approve 00 on behalf Emery, Surety of the Use of Adams Sch. lot seconded by Mr. Driscoll, Bond #632130 in the Clerk's Clerk of the Board. bond was received from Mr. & Mrs. Julius C. Pine Knoll Road, together with petition o the decision of the Board of Appeals the petition of E. L. Sharkey for the a tower with reflector by the Raytheon ng Company, mn his property. airman was authorized to advise the Ritters lectman have nothing to do with the Board decisions and any redress they have would the Selectmen. from the Board of Fire Engineers rer. ,.: the of a Deputy Chief Engineer for the Fire was held over until next week. Borne of Appeals 200 Mr. Gay gave a report of his investL.;ation of the L. J. Foss Co. and moved.Cthat the Common Vic- tualler's license be renewed. Mr Emery seconded the motion, and it was so voted. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign the Sunday Movies License for the Lexington Theatre,Inc. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following uses of halls: 4-H Club Lex. V.F.W. Lex. Field & Garden Lex. Boy's Club Lex. Community Concert Conference Room Cary Hall Estabrook Hall Cary Hall Cary Hall Apr. 3 Apr.12 Apr.21 Apr.16 May 1 The Clerk inquired as to the hours for 29th, ?residential rrimary, and upon motion seconded, it was voted to set the.hours for 2:00P.A. until 8:00 ?.LV1. The meeting adjourned at 1L:20 P.M. A true record, Attest: Meeting, free Install., " Meeting " Dance $35 Concert free voting on April duly made and voting from The next regular meeting tf the Board will be held on Monday, April 7, 1952 at 7:00 P.M. in the Selectmen's Room. 10.0 CROMI pD A regu held in the on Monday e Chairman Ni Reed were p and the Cle ajt 7:30 P.iMI Mr. James J for the dra housewife, Burners, 18 Mr. Ca Hearin the Ibston Telephone a a guy wire located at were prese Mr. .°u complaints possible, h He explaine a tree whit asked to ha The Ch that the Su that the Bo wire and an The he Hearin Boston Edis and Telegra North Stree 2855 feet n Mr. & 1 Saugus, own persons pres The ch interfere w that it wil looking out SELECTMEN'S M1FTING April 7, 1952 ar meeting of the Board of Selectmen was Selectmen's Room Town Office Building, ening, April 7, 1952, at 7:00 P.M. kerson, Messrs. Gay, Driscoll, and esent. Mr. Burns, Sup't. of Public Works, k were also present. Mr. Emery arrived Carroll, Town Clerk, met with the Board ing of two jurors. Mrs. Mary K. Tryon, Dee Road, and Mr. Walter S. Beatty, oil Wt.1tham Street, were drawn. roll retired. was declared open upon the petition of dison Company and the New England d Telegraph Company for the erection of nd anchor on Bedford Street, from a pole he junction of Reed Street. No persons t in favor or in opposition. ns reported that he has received numerous bout this particular triangle and if would recommend relocating the pole. that there is a pole and it ws-s tied to has been removed or else Mr. Garrity e the guy wire removed. irman suggested, and the Board agreed, 't of Public Works advise the petitioner rd is not in favor of the proposed guy hor location and suggest another location. ring was declared closed. was declared open upon petition of the n Company and the New England Telephone h Company for joint pole location on Northwesterly from a point approximately Pole rthwest of Adams Street. Location s. G. F. Zecher, 5 Harvard Avenue, East rs of abutting property, were the only ent. irman asked if the proposed location would th Mr. Zecher's driveway and he replied be in the center where he will be of his window. 201 Jurors Pole Location 202 Pole Location McGrath Request For Water Complaint Complaint Mr. Zecher said that if the petitioner ham to have a pole he would prefer to have it moved to the right in an easterly direction. Mr. Burns agreed to contact the petitioner and request that they contact Mr. Zecher and discuss the subject with him. The hearing was declared closed and the Zechers retired at 7:15 P.M. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to remove and relocate two poles on Concord Avenue, northwesterly from a point approximately 25 feet northwest of Benjamin Road. Mr. Gay objected to having a row of poles located on the street and "r. Burns suggested that a representative of the oston Edison Company be requested to attend the hearings on the pole locations. The Board agreed to view the area and arrive at a decision next Monday hight. Letter was received from Walter L. McGrath, 14 Chase Avenue, afarising that he is the owner of lots 200, 201 and 202 Tarbell Avenue and they are now under an agreement of sale for the purpose of building. He would, therefore, like to have the water main extended to service these lots. Mr. Burns reported that Donald Irwin is going to purchase these lots and build a house. As soon as he takes title to the property,Mr. Burns will try to have the water, which now ends at lot 199, extended to service the house. The Chairman was authorized to answer Mr. McGrath and also tbcdiscuss the subject with Mr. Irwin. The Chairman read a letter from Mrs. Anna Endres, 15 Williams Avenue, registering a complaint of damages to the street incurred during snow plowing. Mr. BUrns explained that due to the fact that there was no frost in the ground the snow plows did rip up some of the streets. The Chairman said that as much as this may be a justified complaint, nevertheless it is an unaccepted street and the Town cannot do any maintenance work on it. Letter was received frc;m Joseph Oppenheim, 15 Taft Avenue, in which he referred to a foundation on the lotlocated directly beiIing the house. He cla ms :that it is b'eing.u'sed as a dump @lid is a hazard to the children in the neighborhood. The owner of the property has promised to eljminatethe nuisance, but it has now been in existence for six years. The subject was referred to Town Counsel for his itp 1 1 203 Sidewalk Closing Saturdays 1 opinion and obtained 111,0 The Cha Mitchell ref of a granoli at 7 Richard Mr. Bur and report t Further passed at th March 24th a Town Offices open for two determined b Upon mo it was voted Monday night Mr. Bur the April 19 Chairman Gar e requested that more information be the Building Inspector and Assessors. irman read a letter from Charles F. rring to a petition for the construction thic sidewalk in front of his property Road. s agreed to obtain further information the Board next Monday night. consideration was given to the vote Adjourned Town Meeting held on ending the Town By -Laws whereby the are to be closed on Saturdays and hours one n: ht a week, the night to be the Selectmen. ion of Mr. Gay, seconded by Mr. Emery, to keep the Town Offices open on from 7;00 P. A. until 9:OOP. M. s retired and the following members of h Committee met with the Board; ity, Messrs. Irvine and Lewis. Mr. Irvine informed the Board that General Hoyt S. Vanderberr will be the principal speaker and the Committe- will have to give a luncheon for the General, his Aide, Chairman of the Board of Selectmen, and several .they celebrities. The Committee is April 19th faced with t e problem of having a reception for Committee about thirty people and would like the Selectmen to make en a.propriation. The Cha rman asked if he were addressing the Board as fiv- individuals or as custodians of various fund and Mr. Irvine replied that he was addressing t e Board as custodians. The chairman explained that there was en approprietio for the celebration and that is the final amount. He stated that the Selectmen have a fund hich is used for contingencies during the year, bu he doubted if the Board would vote to use any othf t money. He said thst the Board would take t e request under advisement and let Mr. Irvine k ow of its decision. Mr. Irvine estimated an amol.nt between thirty and forty people at the reception. The gro p retired at 8:25 P.M. and Mr. Burns returned to he meeting. 204 Letter was received from Mr. Stevens advising that he has considered the request from the, East Middlesex Mosquito Control Project, for the ex- ecution by the Board of forms granting permission Low for low flying. He explained that this is a Flying matter not within the jurisdiction of municipal Permit authorities and has discussed the matter with Mr. Armstrong, gup't of the project. Mr. Armstrong. took the matter up with the Mass. Aeronautics Commission and it seems that there is no necessity for such a permit from the Board. Letter wts received from Representative Charles Gibbons, together with a coy of House Bill 1301, an Act Establishing the i/Ietropoliten District House Commission Advisory Council. No action was taken. Bill 1301 Letter was received from Converse Hill quoting liability insurance rates oh the Town Ambulance. Insurance Mr. Stevens said that he was interested in the occupants of the ambulance and said that he would confer with Mr. Hill The Chairman read a letter from Mr. Carroll advising that ;Lots 135, 355, 361 to 370 inclusive, 373 and 375, punster Gardens, Philemon Street, were duly foreclosed, are tax title property and Tax Title can be sold by the Town. Property The Board preferred to look at the property before taking any action on the letter received from Joseph A. Purcell, attorney for Irene B. Graziano, who claims that she has a deed to these lots, prepared by Daniel J. O'Connell. The subject of the increase appropriated for garbage collection was discussed, and Mr. Stevens said that this calls for an amendment to the contract to increase the amount of compensation) He said that the Board could at the same time eliminate the option. The chairman suggested to apportion the ircreese in two portions; 01,000 to be added to the monthly Garbage payments and y 1,000to be paid February 1, 153, if Contract the collectionhas been satisfactory. Mr. Stevens is to have further information as to the vote end amended contract next Monday night. Mr. Stevens referred to a letter from Attorney Small, who represents Mr. Palladino and the Board in- structed him to notify Mr. Small that until his client has something definite to offer, the Board Palladino is not too interested in the matter. 1 Upon P. it was vote following s otion of Mr. Gay, seconded by Mr. Emery, d to adopt Orders for laying out the treets: Barrymeade Drive Hudson 'oad Munroe oad Preston road Wilson oad Hillcrest Street Independence Avenue Normandy Road Underwood Avenue Woodcliffe Road Copies of h Order are on file in the 1952 Selectmen's files - Hi ways. At 10:00 P. M. Messrs. Kelly,Hume and Dunston, from the To, n of Bedford, met with the Boavd. Mr. 1 ston said that his Committee wondered if it should proceed with the sewer project or not and asked if the money has been appropriated for the extension between Eldred Street and Bedford's Main. He asked why Bedford should proceed with construction when it has no place into which to empty.t e sewage. The airman explained that the Selectmen told the Bedford group some months ago what they would 'ecommend to the Town Meeting. He said that tie Board did not recommend, and did not say that it would recommend, an appropibiAtton of money to put in the 3,000 feet because it had no idea Bedford would be wanting it before Lexington =d a subsequent Town Meeting. He said that the vote to put in the Sunny - field main nd the laterals was voted unanimously Under reco endation of the Board of Selectmen and the App oprietion Committee, and there was no comment .n it at all from the floor. He explained t at one of the Board's arguments wad a moral commitment to go along with Bedfthrd and was bas d on the aid Lexington was receiving in having tie main come up here at no expense to Lexingto . He said that he included in the presentatio the fact that the Board would recommend t. 40me Town Meeting an appropriation of money foconstructing 3,000 feet of gravity sewer in Be ford Street to connect to Bedford's force main. Mr. H e asked if the M. D. C. has started yet and the Chairman replied in the negative stating tha it is out for bids and they are to be submi ted April 17th. Mr. H e asked if the Town is enlarging the pumping station and the Chairman replied in the nega ive. 205 Street Orders 206 Mr. Dunston said that he and Mr.' Kelley have faith in the Selectmen, but there two members of his Committee who are a lit le doubtful, and they are hesitant about hiring engineers or doing anything until a discussion had been held with the Lexington Selectmen. He asked if the Board could guarantee to tie in Eldred Street. The Chairman repliedthat the Board cannot guarantee anything but the fair mindedness of the vote of the Town Meeting. Mr. Burns said that the Selectmen have done everything they said they would do. Mr. Stevens explained that everything Lexington is going to pay for has been voted. The Chairman said that Bedford is going to pay for it as a connection charge but Lexington will have to have a Town Meeting appropriate the rr. money. Mr. Stevens explained the situation by the use of the map ind stated that the piece that Lexington will have to guild which money has been voted. The piece Bedford will pay for, and Lexington will build, is to within 900 feet of Bedford's line. The Chairman state. that Bedford will con- struct in Lexington 900feet of force main and Lexington will then construct 3,000 feet of gravity main and the money for this is available. Mr. Dunston said his Committee wants to know why this was not included in the Town Meeting and the Chairman replied that the Board would not include money for the future in a vote this year, and it will be appropriated when it becomes necessary. Mr. Burns said that the answer was given at the meeting when he a.ed the engineers when it would be needed and they replied that it would be a year or a year and a half. He said that this was very definitely brought out. Mr. Kelley asked if Lddflord was ready by next Fall would Lexington be able to put it in then and the Chairman replied in the negative. He said that Bedforddhpd%_tecbjild a pumping station and it would seem a physical impossibility for them to be ready. Mr. Stevens informed the group that the completion date of the M. D. C. contract is September, 1955. 1 The Chairman said that the Committee could be informed that,if by some method this project of Bedford's o uld be hurried along so that they are going to want a connection, it can be presented to the Town of Lexington at a Fall Town Meeting. He said tha he would predict, with the amount of work to be done, this will end up by being pre- sented at t e Annual Town Meeting in March. The group, including Messrs. Stevens and"Burns, retired at '0:25 P. M. Letter on behalf o permission grounds Apr Inasmu Board was o wss received from Rev. Harold T. Handley, the Church of Our Redeemer, requesting o conduct a food sale in the Rectory 1 19th. h as this is private property, the the opinion that no permit is necessary. Letter was received from the Y -teen Girl's Club requesting •emission to sell fudge on Public ways in Lexingto daring the day of April 19th. The Board had n• objection. The ch Drum Corps on Friday a The Bo inasmuch as for Saturda Upon m it was vote sum of 4;)2,0 Constable i irman read a letter from the Lexington equesting permission to conduct.Tag Days d Saturday, April llth and 12th. rd denied granting a pewit for Friday it is Good Friday, but granted a permit tion of Mr. Gay, seconded by Mr. Emery , to approve Surety Bond #F•:105701 in the 0 on behalf of William E. Russell as the `¶Lown of Lexington. Upon m.tion of Mr. Gay, seconded by Mr. Reed it was voted t. grant the following licenses: George R. R Durand's Ch F. B. Ruble W. S. Couet Robert N. Margarat Mc John W. Lea Lex. Theatr Letter a Deputy C was authors the Selectm ed c Son oblate Shop e ism aughlin y Inc. 1721 1780 4 1710 1965 25 45 1794 Mass. Ave. Mass. Ave. Stetson St. Mass. Ave. Mass. Ave. Harding Road Waltham St. Mass. Ave 207 • Food Sale Tag Day Bond $ioanses Sunday Sales Renewal n 11 u P•uctioneer if 11 1T 11 11 Public Carriage Sunday Movies from the Fire Commissioners re appointment of lef Engineer was held over. The Chairman ed to convey to the Commissioners that n do not endorse such an appointment. Fire Comm. 208 Upon motion of Mr. Driscoll, seconded by Mr. Reed it was voted to sign the Warrant for the Presidential Primary to be held on Tuesday, April 29, 1952. Upon motion duly made and seconded, it was voted to appoint Maurice N. Healy, 2982 Massachusetts Avenue, Lexington, as Veterans' Agent for a term expiring March 31,1953, at a salary of w24.20 per week. It was agreed to advise Mr. Healy that he will be able to use the Selectmen's Room temporarily, but as soon as possible the Board will provide him with room for filing cabinets. The meeting adjourned at 10:50 r. M. A true record, Attest: 1 A reg was held i Building, Chairman 14 Reed were Works, and Mr. G Messr Telegraph Company, m petitionsf have been The f relocation The E like to se to know wh Mr. M was brough to be brou said that a pole or without ma services n said that eliminatin The C have some Mr. L very lengh a question Mr. getting th street whe so conspic Mr. M locate the does have Mr. 17 trees and in open sp Mr. and. Mr. Ma wires. SELECTMEN'S MEETIvG April 14, 1952 lar meeting of the Board of Selectmen the Selectmen's Room, Town Office n Monday, April 14, 1952, et 7:00 P. M. ckerson, Messrs. Emery, Gay, Driscoll and resent. Mr. Burns, Sup't of Public the Clerk were also present. y noted as Chairman for the evening. . Long of the New England Telephone and ompany and Mahon of the Boston Edison t with the Board in regard to several ✓ j/o pole and guy wire locations which eld over for several weeks. rst order considered was for the removal of ten poles on Paul Revere Road. airman stated that the .doard does not so many poles going up and would like t the petitioners intend to do up there. hon said that the relocation of these poles about by a street widening, and they are ht back to the new street lines. He here is a possibility of eliminating wo and stretching out the sections, but ing a survey, this may disturb some w ther'erunning from existing poles. He he company did not have in mind any poles. airman said that the Board would like to oles eliminated if possible. ng said that the sections are already and whether poles ma=, be eliminated is of safety. ery said that his interest was more in poles moved to the ppposite side of the e there are some trees and they won't be ou s . hon a'skedt.'if l Mt;'. , Aner.y'm thought- wa:s, stT; poles on the side of the street that,.: rees rees and he replied in the affirmative. hon said that the company usually avoids great many times prefers to put them ces. ery asked about insulating the wires on replied that they do put in tree 209 Pole Locations 210 Mr. Emery asked if it would take much of a survey to look over the situation with the thought he has in mind. Mr. Long said that there is a question in his mind as to wheth'err or not these poles are not already located. Mr. Burns said that two or three trees came down and two poles may have been relocated. Mr. Mahon asked if a Survey shows it possible, feasible and proper to relocate a number of poles on the other side of Paul Revere Road would the abutting owners object. Mr. Emery Said that the poles would be located on Town land and further stated that some of the abutting owners would not like it. Mr. Long explained that his company avoids trees not entirely from a service point of view but also from. aAiafety'point efrview. He said that experience has proven that rubbing and chafing on telephone wires creates wear and interrupts service. He also aid that trees heavily laden with wires have brought down wires and killed people. Mr. Mahon agreed with these statements. Mr. Emery mentions the potential beauty of this road and i'Ir. Long explained that where wires are located in the trees, the company asks permission to trim, and hacked trees are not good. Mr. Emery said that he would rather see a hacked tree than a telephone pole. Mr. Long said that he also has in mind the safety of his men. The Chairman said that Mr. Burns is very anxious to work on Paul Revere Road and asked how long it would take to resurvey this location. Mr. Mahon said that if he entertains the possibility of bringing the poles on tothe west side of Paul Revere Road, he thought there would be the problem of getting around the points of curvatures and radiuses for service. Mr. Emery asked how the Board felt about suggesting that these gentlemen make this survey tomorrow or the next dey end report to Mr. Nickerson and give him discretion to go on from. there. The Board agreed. Mr. Mahon said that he would attempt to have a resurvey made withitl._ the next day or two. Mr. Nickerson said that he is not :.lielImpathetic to having the poles on Paul Revere Road c anged over and he thought. that there will be houses constructed on the opposite side of the road in the near future. IAD 1 211 Petiti held over i with the re Paul R 200 fe From P approx stitit Cedar Road, Petiti of wires ov Long presen they would dr. Ian to come ove Mr. Ma to use one The pe location fu who was aut to the loca Petiti guy wire an junction of Mr. Lo Company had to a tree. of the heav attached ha It was a hip guy w of Mr. Nick to approve basis of a ns for the following locations were asmuch as they all tie in moreor less ocation mentioned above: vere Road, southerly side, approximately t west of Asbury Street, 1 pole. ul Revere Road, southeasterly side, mately 130 feet northeast of Con - on Road, one Guy Wire and anchor. treet, at the junction of Paul Revere ne pole. n for the installation and maintenance ✓ Camellia Place was discussed. Mr. ed a sketch showing approximately what ike to do. ry said thst his second choice would be the rai fo&-d fre°m Hancock Avenue. on said that the company would prefer ole if it can obtain rights. itioners agreed tostudy the proposed ther, submit a report to the Chairman orized to use his discretion in regard ion. n for lthcation and maintenance of a anchor on Bedford Street, at the Reed Street, was considered. g explained that the Boston Edison a guy wire from a pole and attached The guy wire was necessary because strain. The tree to which it was to be taken down because it was diseased. agreed by Mr. burns and Mr. Long that uld &ve the best solution and upon motion rson, seconded by Mr. Redd, it was voted he petition Lnd sign the order, on the ip guy, for the following location: Bedfo d Street, from a pole located at the j action of Reed Street. retiti northwester north went n for location of one pole on North Street, y from a point approximately 2855 feet r Adams s {age was condidered. 212 Cellar Foundation Taft Avenue Insurance on Ambulance Blackwell re Meagherville property The Chairman explained that the board held a public hearing on this proposed location and Mr. Zecher, 5 Harvard Avenue, last Saugus, who owns a lot of land at this location and is building a house, was opposed to the location. Mr. Long informed the Board that he had written to Mr. Zecher on three different occasions, but as yet has never received any reply. Mr. Nickerson agreed to arrange to have the Zechers contact the petitioner. Petition for a Road, approximately approximately 1,015 considered. Mr. Mahon Said petition. Messrs. Mahon and Long this j/o pole location on Robinson 125 feet north of a point feet eadt of Grove Street that he Mr. Stevens arrived at was would like to withdraw retired at 8:00 P. M. the meeting. The Chairman read a letter from Mr. Lindstrom, Building Inspector, with reference to A foundation at the rear of 15 Taft Avenue. abpnt w414. ttLe Board has received a complaint from Mr. Joseph Oppenheim. Mr. Stevens said that he is not familiar with any proceedings whereby the Town can tell the owner to fill in the foundation, and he thought it was doubtful if the Board could do anything about it. He took the letter written by Mr. Lindstrom. The Chairman read a letter from Mr. Stevens, in reference to Mr. 1onverse Hill's letter of April 4th quoting rates for liability insurance on the Town ambulance. Mr. Stevens recommended, to avoid double coverage, that the insurance on the ambulance with Foster & Lamont be withdrawn and insured ohly under the policy proposed by Mr. Hill. Mr. Nickerson said that he thought it would be advisable toa cquire the additional coverage es recommended by Mfr. Hill and so moved. Mr. Driscoll seconded the motion And it was so voted. At 8:35 P. M. Mr. John Blackwell and client, Mr. Hamiii, met with the Board. Mr. Hamlin said that he had requested the appointment this evening in connection with the land in Meagherville which he has already discussed with the Board about a year ago. He Said that he had an offer for all the land to which the town has title Cmo IN) 1 on the norti side of the road, according to the Assessors' records. He ,.,resented the Uhairman with a letter t.gether with a deposit of 4e500., giving the terms and conditions upon which he desires to buy the la ds. He offered 43,415 for 34.15 acres for deeds conveying good and clear record and marketable title to the lEnd, free from all encumberances of record. The offer is good until April 30, 1952. Mr. Nickerson asked if this offer was for the land the T.wn now possessed but not for the land which the own is in the process of acquiring and Mr. Hamlin intends to obtain it. Mr. Ha lin replied that he is making an offer for part of 550 lots and there are about 225 more lots about to brcome Town owned, which in effect, gived the proportion in terms of lots. He said that in terms of acreage he should say the land he has made En offer for is some 40% of the land in question. Mr. Nickerson asked if Mr. Hamlin's eventual offer will be between 48,000 and 49,000. Mr. Hlin replied that it would assuming it appears lo ical to offer the same unit price. He said that tie land is very similar. Mr. ery said that he would like to know what this is all ahbut. Mr. Ha lin explained that one of his activities as a real estate investor has been the development of land, us ally for retail shopping centers. ME. Blackwell is assisting a group, of which he is the head, in a shopping center in Arlington, and felt that a sou d opportunity in real estate investment exists in w at is known as an industrial controlled center. He has brought this land to Mr. Hamlin's attention a in that res and the var He said tha reeommendet And making Mr. Em as en indus thathentho made ere no that all bu land not ye industrigl Mr. ria to have F. acquire the necessary s one which contains a great many qualities ect es fivar as its location is concerned ious facilities not too far sway from it. it_ iWictin:-t ie 14rof "Mr s aBlackwekl' s ' on:: that he :has been stuc ying'the lard =! n n offer. ry questioned if all the land is zoned ricl area and Mr. Blackwell said that ght all the lots for which the offer is in the industrial extension. He said possibly one or two of the parcels of cleared as tax title fire in this .rea . Alin said ths:t he thought one would have nerglly good ides. _s to how soon one would entire ares before spending the money or planning, etc. 21.3 214 Mr. Nickerson Said that, in other words, this is preliminary. Mr. Hamlin laid that this is the first step in a development idea. The Chairman sc}id that the Board will think this over and let Mr. Hamlin know of its decision. Mr. Blackwell said that this is for investment and control development and not merely for speculation. Messrs. Blackwell and Hamlin retired et 8:50 P. M. Mr. Stevens presented an original and copy of the amended garbage contract, in the amount of 414,500., signed by the contractor, Stanley Roketenetz. Garbage Upon motion of Mr. Nickerson, seconded by Mr. Contract Reed, it was voted to sign the contract, And'neturn it to Town Counsel, to be retained by him until he receives the necessary insurance certificates, bonds, etc. from the contractor. Mr. Stevens said that some time ago the question came up about installing pipes under a sidewalk on Slocum Road for melting snow.. He said that the owner of the house wants to extend the pipes down the driveway, sidewalk and include about four feet in the travelled way.. Mr. Stevens Said that he would be hesitant about giving permission to place the pipes under the travelled way. The Clerk was requested to advise the Board next Monday night of the action taken on the original request. Mr. Stevens retired at Q:20P. M. and Mr. Burns returned to the meeting. Mr. Burns reported that he had received two bids, both the same, for gasoline; one from Shell and one from Esso. He now purchasesghis gasoline from Esso and the bid was 14t below tank wagon prices Gasoline which is .1490 on regular. Bids Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to authorize Mr..Burns to purchase his supply of gasoline from Esso. Mr. Burns reported that he has received two bids for washed sand.and gravel. Acme Sand & Gravel sub- mitted a bid of 75cZ per ton and the Highland Sand Sand & & Gravel submitted a Enid of 6O ' per, ,tones Gravel .:Upon motion of Mr. Nickerson, seconded by Mr. Bids Emery, it wts voted to authorize Mr. Burns to accept the bid of the Highland Sand & Gravel. 1 215 Mr. B rns referred to bids on copper tubing and explained t at most of the bidders have given him a price of $32.63 per 100 feet for 10,000 feet and over. One concern bid 432.00 per 100 on 2,000 and over. iie ould like to purchase the 2,000 and over (Coppe, and also p rchase some from the other bidders, who tubing have been supplying him. Upon otion of Mr. Driscoll, seconded by Mr. Reed, it was voted to authorize Mr. Burns to Purchase copper tubing at his discretion. Mr. B rns reported that he h�.-s received the following 'bids'foncl6, cert iron: water main : R b. Wood; ,d 46. 1. per, • opt; U.r1S. Pipe, 46.69 per foot and Warren Pipe 46.11 per foor. Upon otion of Mr. Nickerson, seconded by Mr. Reed, it was voted to authorize iir. Burns to accept the bid of the Warren Pipe Company. Letter 11 Middleby conditions his residen existed s through the the drains Mr. Bu existed bec sewer was f was ever th on Mr. Wats at the end and childre the land. has gone d land. Wece' finished al for a build the Buildin properly fu Mr. Ni reply to Mr Letter requesting lots on the Concord Tur The re in the 1953 this year. 16" water pipe was received from William H. Watson, • Road, complaining about flooded n a large plot of land et the rear of e. He claims that the conditions have Watson the laying of the main sewer line drainage land which leads him to believe that complaint ere blocked at that time. ns said that this condition has not use the sewer was put in. "hen the nished t here was a better ditch than re before. He explained that the pipe n's side of Middleby Road was clogged (some debris washed down from the brook placed boards in it) and folded.' over sown took care of it and the'brQok wn and is down below the surrounding rlainedkthatithe Sewer 'job has been ost two years. Mr. Watson applied ng permit and Mr. Jackson advised Inspector that a septic tank would not ction here. kerson agreed to look at the area and Watson's communication. was received from Edwin ". Hutchinson xtension of water main to serve three west side of Blossom Street and the pike. uest was placed on file to be considered budget as no money has provided for it Request for Water 216 Claim For Damages Hearing The Chairman read a letter from Harry A. Smit};t, Jr., 36 Outlook Drive, advising that he is making claim to his insurance company for damage to living room and hall ceilings caused by blasting when the sewer was constructed in Prospect Hill. Mr. Burns informed the Board that the insurance company is handling this and they don't usually press against the Town. Letter was received from the County Commissioners advising the Board that a hearing will be held on the relocation of Hill Street at the commissioner's Office on Tuesday, April 29th, at 10:30 A.M. Letter was of Public Works $8,000 has been the improvement tfibuted bythe Chapt. 90 by the etaand County. Cert. of Inc. :Uses of Halls received fron the State Department advising the Board that the sum of allotted, under Chapter 90 for of Hill Street; 44,000 to D, con Town .and 44, 000to by contributed 44,000 to be contributed by the Letter was also received advising that the sum of 41,000 has been allotted, under Chapter 90, for highway maintenance; 4l,000 to be contributed by the sown and 41,000 to be contributed by the County. Mr. 'urns retired at 9:55 P. M. Certificate of Incorporation on behalf of Carl Bryant, 12 Fair Oaks Drive, et al, to be known as the Lexington Arts and Crafts Society, Inc. was received from the Secretary of the State, Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to sign the certificate. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to grant the following uses of halls: American Legion Aux. Conf. Room.April 4-H Club Girl Scouts Cary Hall League of Women Voters -Conf. Room " 21 15 24 25 Free " It Upon motion of Mr.TEfle , seconded b y Mr. Licenses Nickerson, it was voted to ;rant the following licenses: 1 Lex. Cab Co Inc. Charles t4. D rkin Wardrobe's harmacy Manor Spa Corner Vari ty Shop John J. Disc Salvation A my' Lex. '1heatr=.'Inc. Notice Control Co the cal an Day, April 29th. Mr. Dr by one of t be permitte -or seven o' Upon m it was vote closed on A was further remain clos until 8:00 Letter Road, Bille requesting vicinity of The Cl of Police t on the ;ra s Applic received fr his notatio six applies Upon m Nickerson, commendatio Murphy, 1 H 36 Simonds The me A true reco 11 Depot Square Public Depot Square 807 Mass. Avenue Sunday 269 Bedford St. " 856 Mass. Ave. 424 Marrett Road 87 Vernon St. Boston Junk 1794 Mass. Avenue Sunday Movies n Carriage rt Sales rr n were received from the Alcoholic Beverages ission calling the Board's attention to delivery of alcoholic beverages oh Patribbs:" 9th, and Presidential Primary Day, April seoll reported that he has been approached e liquor dealers who asked if they would to remain open on April i9th after six lock. tion of P:r. Emery, seconded by lvIr, heed, to requt the liquor stores to remain ril 19th until 6:00 o'clock P. 1. It voted to request the liquor stores to d during the polling hours (2:00 P. M. . M.) on April 29th. was received from Ralph Sandberger, Boston lea, on behalf of the Lexington Post, V. F. W. crmission to have a popcorn stand in the Depot Square on April 19th. rk was instructed to request the Chief designate a location, preferably not plot. tions fon position of Policemen were m the Chief of Police, together with s and recommendations of each of the ttn tion of Mr. Emery, seconded by Mr. t was toted to approve the Chief's re- s,for the appointment of Mrs. John J. mestead Street, and Mrs. Ldis Conley, oad, effective May 1, 1952. ting adjourned at 10:15 P. M. d;. Attest: /1c4f1-4/ 217 Stand April 19th Policewomen 218 Guy Wire and Anchor Pole Locations SELECTMEN'S MEETING April 21, 1952 A regular meeting of the Board held in the Selectmen's Room, Town on Monday evening, April 21, 1952, Chairman Nickerson, Messrs. Emery, Reed were present. Mr. Burns, Supt. Works, and the Clerk were also pres acted as Chairman for the evening. of Selectman was Office. Building, at 7:00 P. M. Gay, Driscoll and t of Public ent. Mr.Emery Hearing was declared open upon petition of the Boston Ldison Company and the New England Telephone & Telegraph Company for location and maintenance of a guy wire and anchor on the Cambridge -Concord High- way. No persons were present in favor or in opposition. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, itwas voted to grant the petition and sign an order for the following guy wire and anchor location: From pole in Cambridge-6oncord Highway approximately 25 feet southeast of Spring Street. It was voted to approve the recommendation of the Chairman and Mr. burns end to sign the following locations: Paul Revere Road, southerly side, approximately 200 feet west of Asbury Street - One pole. (One existing JO pole to oe removed.) Cedar Street, at the junction of Paul Revere Road, one pole. (One JO pole to be removed.) From pole in Paul hevere Road, southeasterly side, ar.,proximately 130 feet northeast of Constitution Road - One guy wire and anchor. Petitioh from the Boston Edison Company and the New England Telephone & Telegraph Lompany for per- mission tp run and maintain wires over Camellia Place was placed on file inasmuch as the petitioner will endeavor to negotiate with owners of private propet y. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant petition and sign an order for the following pole location: 1 Ranco Bever r ernov Lette relative t on file. The ref erence for lair. & drain ease Avenue nea Mr. S in the eve of the pro of October The reference Avenna. M heirs to s would be w' inf ormatio Inspector. Lette inviting t Man pilgri on Saturda the Common The C requesting Parish and conduct a Upon it was vot Mr. N voting ina constructi children a. building. The Legion, St use Parker annual Fou Upon Nickerson the Recrea in the pas k Street, api,roximatily 120 feet north of Street - one pole. (One JO pole to be d, from Harold 3. Needham, 40 Fern Street, work done by the Town was read and placed. airman read a letter from Mr. Stevens in o letter from Charles F. Small, attorney S. Alexander Palladino, regarding the ent over the Palladino land on Massachusetts Bow Street. all agreed to contest Mr. Stevens later t'that any definite plans for development et'ty were made. No answer to his letter 2, 1951, is now required. airman read a letter from Mr. Stevens in o the foundation € t the rear of 15 Taft . Stevens suggested contacting the Johnson e what they intend to do or what they fling to do about the situation. Further is to be obtained from the Building 219 Palladino drain easement was received from the Boy Scouts of America e Board to attend the seventh Annual Minute - age of the Boston Boy Schutt to be held Boy afternoon, April 26th et 2:30 P. M. at Scouts airman read a letter from Rev. F. J. Murphy permission on behalf of the Sacred Heart St. Brigid's Parish, for permission to aper Drive on Sunday, May 25th. otion of Mr. Gay, seconded by Mr. Reed, d to grant the request. ckerson requested to be recorded as not smuch as he is a subcontractor for the n of the Nazareth Home for unfortunate d the Drive is to aid in payment of the airman reed a letter from the American anley Hill Post, requesting pernission to ield on Jul..- 3, 4 and 5 for the Post's th of July Field Day. otion of Mr. steed, seconded by Mr. , it was voted to refer the request to tion Committee which has been the policy, Paper, Drive 220 Letter was received from Paul E. Furdon, 822 Massachusetts Avenue, stating that he would like Veterans' to purchase Veterans' Lot#3, Hill Street. Lot Before taking any action on theaapplication, the Board preferred to look at the lot inas much as there is some question of drainage. Mr. Burns submitted bids for a 1952 5 - passenger coupe as follows: Bids Policewomen Whitman & Howard contract Frederick H. Childs X1,500 net, taking in trade a 1939,Chevrolet Coupe F. K. Johnson, Inc. 1,215 net, taking in trade a 1939 Chevrolet Coupe Upon motion of Mr. Gay,and seconded by Mr. Driscoll, it was voted to accept the bid submitted by F. K. Johnson, Inc. in the amount of 41,216 net, turning in a 1939 Chebrolet coupe. Mr. Stevens arrived at the meeting at 7:35 P. M. Chief hycroft met with the Board and introduced Mrs. Edward J. Conley and Mrs. John J. Murphy, the two individuals appointed as Policewomen. The Chairman explained that the Board had requested the Chief to invite the policewomen to meet with the as this'School patrol work by women officers is an experiment which has only been in operation two or three years. He said that the Board has investigated the matter and Newton is very much pleased with tesults in that City. He stated that the Board and the Chief is convinced that it will work out in Lexington and both will stand by the women in the performance of their duties. Mrs. Conley and Mrs. Murphy retired at 7:40 P. M. Following a discussion of various matters per- taining to the Police Department, Chief hycroft retired at 8:00 P. M. Mr. Burns returned to the meeting. Mr. Stevens said that he had been requested to draw a contract between Whitman & Howard, Inc. and the Town which he has done. He said he thought it should by cleared by Mr. Burns with the Board before it is signed. Mr. Burns explained the Sunnyfield Sewer Project Compensation as follows: 1 1 The To.,n agrees to pay and the Engineer to receive as f 11 compensation for all services per- formed under this agreement seven and one-half percent of tie total construction cost of the sewerage system. Two and one-half percent of the estimated total constructio cost, mutually agreed upon by the Engineer and the Town, when the plans, specifications, and contrac forms complete and ready for bidding have been delivered by the Engineer to the Town and approved by he '''own Engineer. The ballnce of five percent of the total con- struction co .tis to be paid mmnthly in proportion to the work .erf ormed by the contractor as set forth in the estim tes for the iayrtent to the contrec,tor. Mr. Stevens explained that the.. second contract is for the ater'main in Woburn Street from Lowell -to' Mass.: Avenue= and ' in Winter, Street from Grove to Rangeway. kis contract : -is at..six per cent; two and one-he1f es iteted' when the plans are apprpved aid ready for bids and four percent spread over the job. }Lr. Stevens 'said 't that 'the third contract:is for. fd`ewers grid' LLti i%' -tis at nine . and one-half per cent;. .. four and onetih&;lf estimated - when =the plans are ready and five pe cent spread over the work. .Mr.. Bi. -explained the difference in price in this as .eing due to the fact that the Engineers had to do all the work. Mr. Stevens said that the fourth contract is for the street ork and is at ten per cent; five per cent estimated w en the plans are approved and five per cent spread over the work. He said suggest the Upon mo it was voted the firm of submitted b signed contr Mr. Ste to him some to -his oil b the floodin service. Mr a claim for originally c cussed this this happens The Cha that if these Ere all right, he would oard sign them. tion of Mr. Gay, seconded oy !/[r. Nickerson, to sign contracts between the Town and Vhitman & Howard, Inc. as explained and Town Counsel. (Mr. Stevens took the cts with him). ens discussed the Sprout claim referred time Ego. Mr Sprout claimed damages rner caused by flooding bpi the cellar; caused oy the installation of a sewer . Stevens said that whether or not he has amages depends on how the trench was onst(ucted. he said that he has dis- atter with Mr. burns who told him that very seldom. man inquired about the amount of money 221 222 Permit involved and Mr. Burns said that it is 44i76. The Chairman asked Mr. Stetrens if, he :would .be. Worried, fxrom a.legaI--point of view, about establishing a precedent and he replied that where there are so few cases he would not be opposed to settling it. The Chairman asked if Mr. Burns would object to the Board paying this claim and he replied that he would not in this. instance. Mr. Nickerson asked if Mr. Burns felt this is definitely the Town's fault and entirely justified. Mr. Burns replied that, practically speaking, if a trench were pounded back down and compacted ®b,. that it would not pass water, he could not afford to have the sewer service put in. He said that there are between 400 and 500 services installed in a year and Some jobs have three men while others have five men and he could not say that every service is done es it should be. Mr. Nickerson said that there are'..many�. seMines tb be installed this year and raised the question of having a hundred more claims. Mr. Burns said that there is the question of whether or not a claim is reasonable. In this partipular instance there is no question but that Mr. Sprout did have a bad si'.tuation. Mr. Burns said that he saw it end he thinks the claim is morally justified. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to authorize settlement of Mr. Spnotit s claim in the amount of approximately 476 Mr. Stevens referred to a request for a permit to place heating coils under the sidewalk on Slocum Road. He presented the Board with a plan and ex- plained what the petitioner intends to do. Mr. Burns said that he could see no difficulty in placing the coils under the apron, but was not in favor of having them under the travelled way. Upon motion of Mr. Driscoll, seconded by Mr. Recreation Reed, it was voted to,grant a permit, to bepre- Committee pared by Town Counsel, to place heating coils under the sidewalk in Slocum Road for the purpose of snow removal. Mr. Burns retired at 8:20 P. M. and the following members of the Recreation Committee met with the Board: Chairman Foley, Messrs. Person, Potter, Samborski. Mr. Garrity and Miss Wilson were also present. The Chairman said that, as he recalled it, the reason for this meeting is the question of the sponsor- ship by the Recreation Committee of a dance, or the problem raised by the request.. 1 1 Doctor 'Foley said that it is a question of how much latitud, the Committee has. The Promenaders raised the q estion of sponsorship and the Committee did not feel that it could sponsor the dance. The Cha rman asked why the Committee felt that way and Doctor Foley replied that after looking over its autiority as voted by the Selectmen there was some dou.t about- the matter. He said he thniaght there w<s a ossible financial obligation and the Committee ha: a very limited budget. He explained that the Co. ittee is in favor of helping the group but the word sponsorship left some doubt in his mind. The Cha rman said that the Committee questions whether the ote of the Board carried this far. He said thr.t as he remembers it, when the Committee brought up tris question the Board was in doubt as to how fa. the Committee's power went .and 'hat was in atx the minds of theSelectmen et the time they passed the vote. He referred to a copy of the .Temporary Recreation Corrmittee'r,' report and said that the language wss broad enough to be concluded to cover most anything. He,said that he was sure, speaking for himself only, that when the Board passes the vote all he had in mind was athletics. Doctor Foley said that most people feel that recreation is athletics but if looked at in a broader sense recreation covers a larger field. The Chairman said that he:was.not arguing about the interpretation of the vote but fro .a one Selectman's view was from the point of athletics and only fromthe extent of what the sown was involved in. He stated that he does not know how the other members of the Board at that time felt, but it seems to him that if the Board at this time votes to surround recreation in the broad sense that the Committee speaks of with no limit, they will be in quite a different program than some of the present Selectman, and Selectmen at the timethe vote was passed, had in mind. He said he does not think the Committee would have done well to sponsR•rr this dance because they might have had a loss instead of a profit and he did not know where the money would come froii. Doctor Foley said that he was just worried as to how it was going; to be hnndled. The Chairman said that it seems to him to be a question of broad policy. Mr. Nickerson asked if Doctor Foley felt his. Committee was the correct group to handle the matter of sponsored dances or if he thought it should be handled by a private organization. 223 224 Doctor Foley said that in Arlington the same type of adtivity is carried on and is handled by the Arlington Youth Association which is the auxiliary police. If the Association did not handle it, the Recreation Committee would have. He said that this is a form of recreation de- signed to combat juvenile delinquency. It is a dance; they run it themselves, but it is still recreation. Doctor Foley said that his Committee feels that there is more to recreation than athletics. Mr. Potter said that one of the things that bothered them more than the Actual financial loss was how far the Town would .be committed if ant damage was done or something went wrong. He said the Committee does not want to have the Town criticized by parents of children attending the dances, if it were advertised as being sponsored bylieTown Recreation Committee. Mr. Driscoll asked if the Committee felt that all the churches •in Town were doing a good job for youngsters and Doctor Foley replied in the affirmative. Mr. Driscoll said that the Committee might run into difficulty if the churches were running dances and then the Recreation Committee stepped into the field. Doctor Foley said that if a group comes to the Recreation Committee for help he will have to be able to say what the Committee can or cannot do. He said that they would not go into competition with other groups. The Chairman e183 what he meant by asking for helpand he replied that he meant co-operation as in the 'instance referred to before. The Chairman said that as soon as the Committee goes into this financially, it is in an unknown field. Mr. Pptter said that it was the word sponsor that puzzled the Committee in the first place. The Chairman asked where funds would be available if the dance had proved to be a loss financially and Doctor Foley said that the Committee understood that Mr. Paul Wilson was underwriting it. Mr. Potter said that the Committee said that it would not sponsor the dance anyway and Doctor Foley said that they said they would co-operate which seemed to satisfy the group. Mr. Stevens said that this comes down to a matter of policy and he thought sponsoring or approving anything like this is a very dangerous practice. CIMOI 225 He said that if it appears as being approved or sponsored, the parents will say that the Recreation Committee runs it. He also stated that he doesn't think the Committee could get into anything that it does not actually run end is responsible for. He said that if a group uses the Recreation Committee's name he thought the Committee was putting itself in a dangerous position. Mr. Gay said that at the time the Committee was appointed the idea was to take off Mr. Garrity's hands any activity he had indoors or outdoors, and he thought that was the way it wEs presented to Town Meeting. He said he thought the Committee should confines' itself to the duties formerly under Mr. Garrity's jurisdiction. IVir. Nickerson suggested adopting the attitude of, to some extent, temporizing on this particular subject during the period a study --is being made by the Committee of fifteen appointed by Town Meeting. He mention acquainting the new Committee with what is being done and see if the interim period can be surrounded; then when the overall picture is more thoroughly etudied, possibly a year from now, there may be a yes or no answer. Doctor Foley asked if the Board would rather leave the policy as it stands on athletics or the regular program as it is being carried out now and stop any outside activities such as this. Mr. Nickerson said that the answer for the moment is yes, and that in the meantime the new Committee should_Study the subject more thoroughly. Doctor Foley said that it is all right with his Committee. They just want to know where they stand. Mr. Gay asked if the Selectmen have the power to draw up the duties of the Recreation Committee MO Mr. Stevens replied that the Town Meeting did not say what the Committee was supposed to do so within limits, there is no reason why the Board could not do that. Doctor Foley said that he thought it would be beneficial if the Selectmen did prepare some regulations. Mr. Reed said that he felt that the Committee is an Athletic Committee and not a Recreation Committee. Doctor Foley explained that many of the activities at the playground are recreation. Mr. Gay suggested that the Recreation Committee conduct dances itself and that would eliminate sponsoring any other group. Doctor Foley said that his Committee does not care particularly about getting into the business of runningdances 226 The Chairman said that the Committee has no funds for other activities in 1952 and Town Counsel feels that it would be unwise so he suggested thL.t the subject be left as it is for 1952, then before the budgets are prepared for next year there will be an opportunity to discuss the matter with the new Committee and they can go on from there. Doctor Foley asked the Board if his Committee should discuss any problem it may have with the Selectmen and Mr. Nickerson suggested that they stay within the category that is in the budget for this year. Mr. Potter asked•if someone approached the Recreation Committee and asked the Committee to sponsor something, should the Committee refer them to the Selectmen. He said that he meant for the use of facilities. The Chairman replied that if they want to use school buildings, they should be re- ferred to the School Committee, but for the facilities which are. under the jurisdiction of the Selectmen, refer them to the Board. The Chairman said that the Committee should not renderany financial aid inplied or expressed for 1952. The group retired at 8:50 P. M. Mr. Joseph Freni met with the Board. The Chairman said that he understood. Mr. Freni was not happy about the purchase of land he wanted on Waltham Street worked out either from a matter of principle or some other aspect. Mr. Freni said that it is more a matter of principle. He made an offer for 20,000 feet of land, 50 feet wide and 385 feet deep, but according to the deed he is getting only 11,600 feet of land. He said that Town Counsel explained to him that the Town took a strip of ten feet, but he thought an easement meant to put a sewer through and then the Town would have the privilege to use the ten feet. The Chairman explained that an easement is merely the right to use a certain piece of land, but as the Board looked into this it meant going to the Planning Board end more delay. He said that the Board acted on best intentions and wanted Mr. Freni to have the land because he is an abutter, although a higher offer had been received. The subject was discussed at length and Mr. Freni said that he was willing for the Town to have a drainage easement but it does not seem fair that he paid 4850 for 20,000 feet of land and is actually receiving only £3,000 feet, He said that he is not buying the-.ind. 227 to build, but because he does not want anyone else to build next to him. Mr. Driscoll raised the question es to why i,Ir. Freni should pay the entire betterment if the Town is to retain ten feet. Mr. Stevens said that the Board could arrive at the price any way it wants to. Mr. Nickerson asked if the Board voted to reduce the 4146.67 betterment to 4/5 of that amount would Freni Mr. Freni feel any better. Tat Title Mr. Freni said that he was not here to get Property money back but it is only a question of about 430. Upon motion of Mr. Driscoll, seconded oy Mr. Gay, it was voted to refund 1/5 of the 4146.67 betterment assessment. Mr. Freni retired at 9:30 P. M. Mr. Stevens reported on the status of thecase of the Town Against Shannon - gravel pit on North Street. He has tried twice to get an injunction but has been refused by the Court. Mr. Nickerson asked if the Board, having done what it -felt morallyshould, was going to ask Town Counsel to close the issue or keep it open until tr5;a_1. The Board felt that if after further investi:gqjon, Mr. Stegens found something that might help the town's case, the matter should be reopened, otherwise it should be dropped. Mr. Joseph A. Purcell's letter in reference to tax title lots on Philemon Street was held over, and it lwas the opinion of the Board that these lots Tax should be retained by the Town. Title The Chairman asked if all the Board has to do Property is to advise the attorney that the Selectmen are not in favor of disposing of the lots at this time and Mr. Stevens replied in the affirmative Mr. Stevens retired at 10:20 P. M. Shannon Gravel Pit Letter was received from the Alden Volunteer Ambulance Corps, 212 Essex Street Boston, request- ing permission to conduct a Tag Day. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to deny the request. Mr. Nathaniel Hamlin's offer to purchase tax title property in Ifeagherville was held over. The Board agreed to view the land before the next meet- ing. Letter ws s received from the Massachusetts Institute of Technology advising that it will be Tag Day Special Police 228 necessary to have security guards for the protection of the laboratnrias in Lexington. Eight names were submitted for appointment as Special Police, all having been approved by the Chief of Police. Upon motion of Mr. Driscoll, seconded by Mr. Reed, it wEs voted to appoint the following individuals as Special Police in the Town of Lexington for terms expiring March 31, 1953. Alan G. Adams Arthur Linfield John J. Garrity Thomas F. Ryan Roy A. Cook Charles E. tdioloy Charles i3renton Ralph I. Dale Donald E. Idickerson Frederick M. Gay George W. Emery William H. Driscoll Haskell W. Reed Clarence lacPhee Michael William Francis E. McDonnell M. Burns J Smith Ernest A. Lindstrom Frank J. Peters James Stuart Smith Peter Zits() Adams Press Senior High School Park Department Janitor, High School Deputy Chief Fire Department Janitor, Town Offices Park Department 1640 Massachusetts Avenue Selectman n 11 u 11 Franklin School Janitor, Cary Library Supt. of Public Works Keeper, Hobbs Brooks Reservoir Plumbing Inspector Middlesex County Sanatorium 4 Percy Road 21 Bertwell Road 1 Frank George William L. Harrington John W. Alexander Henry Brown, Jr. Pcvl Bang Edward I. Hart David Govan George H. Dough y, Jr SPECIAL POLICE Acheson, Eugene A. Allen, Charles D. Allison, Howard D. Anderson, Carl Andrews, Daniel J. Atkinson, Donald Barrett, Elliott J. Beauchesne, Joseph Bentsen, Christen Bickford, Walter E. Bradford, Arnold P. Brand, Hobert 10. Brunn, Ewart M. Butler, Lawrence M. Cabral, Joseph E. Candy Quinton N. Carroll, James J. Clifford, Malcolm H. Colesworthy, G.B. Jr. Conklin, George F. Jr. Connell, James F. Cook, James E. Copeland, Charles M. Cox, Ralph E. Crosby, Vernon R. Cunningham, Thurman D. Curran, Michael D. 229 Doorman, Lexington Theatre, Inc. Metropolitan State Hospital If n 110 Shade Street 71 Woburn Street 32 Woodland Road 75 Paul Revere Road (Custodian Pfrker School) COMMISSIONS 2634 Massachusetts Avenue 4 Paul Revere Road 15 Utica Street 231 Bedford Street 21 Shirley Street 8 Woodland Road 232 36 132 ,82 24 89 40 24 Lincoln Street Adams Street Woburn Street WalthaiLStreet Pineknoll Road Bedford Street Downing Road Woodland Road 47 North Street 66 Colony Road 17 Muzzey Street 54 Chase Avenue 23 Hancock Street 15 Nichols Road 19 Freemont Street 9 Butler Avenue 14 Ridge Road 410 Waltham Street 5 Sunnyknoll Avenue 21 Barnes Place 24 -Raker Avenue 230 Davis, Daniel E. Dearborn, Horace G. Dearborn,Murray G. Dermody, Roderick Doll, Samuel Donnellan, Thomas J. Dooley, Henry W. Dow, Kenneth W. Dreselly, Andrew Eriksson, E. Alden Fifield, Donald M. Finney, Charles A. Flack, Clifford F. Flynn, James F. Foster, George E. Galvin, Roswell P. Garrity, Jerome F. Greening, Caywood James, Henry T. Jenson, Edmund M. Johnson, Joseph S. Jones, Cecil Josephson, Harold W. Kakas, Edward G. Kleinberg, Edward F. Lamont, John Lannquist, Arthur Lewis, Raymond E. Linfield, Arthur R. MacKecnie, H.K. MacLean, Ralph D. Maloney, William E. Marcus, Hymen Martin, Clifford M. Melquist, John Merz, William F. Miller, Frank Moretti, Joseph A. Murphy, L Francis Myatt, Robert Nickerson, Benjamin O'Connor, DE.niel P. 8 Plainfield Street 328 Bedford Street 328 Bedford Street 1722 Massachusetts Avenue 151 Shade Street 30 Grove Street 77 Baker Avenue 5 Bedford Street 15 Goodwin Road 41 Preston Road 25 Adams Street 36 Albemarle Avenue 41 Outlook Drive 300 Waltham Street 10 Plainfield Street 21 Cresent Hill Avenue 15 Theresa Avenue 688 Marrett Road 28 Vaille Avenue 46 Fern Street 51 Spring Street 36 Woburn Street 27 Harding Road 44 Locust Avenue 41 Moreland Avenue 11 Spencer Street 153 Shade Street 1981 Massachusetts Avenue 58 Oak Street 12 Winthrop Road 9 Spring Street 289 'edf ord Street 219 Massachusetts Avenue 6 Hillside Terrace 86 Gleason Road 252 Marrett Road 89 Winter Street 8 Rindge Avenue 5 Bennett Avenue 9 Sunnyknoll Avenue 81 Gleason Road 49 Cedar Street Parker, Edwin F. Palermo, Victor Pierpont, Wilfred F. Jr. Polley, John D. Redmond, James Reilly, John F. Richards, Randall W. Richardson, Earl W. Ritter, Julius C. Rogers, G. Webb Rogerson, William G. Rosendorn, Louis Rudd, C.R. Ruocco, Louis Samuels, Frank '1'. Jr. Saunders, Robert W. Schifield, Clessan G. Sellars, John A. Seymour, Cyril V. Shaw, James C. Slader, Frederick Smith, Edward C. Smith, Walter C. Jr. Sorenson, Axel Thompson, John ti. Thompson, Nathaniel Beige Turner, Gerald C. Twombly, Everett L. Walsh, James V. Webb, Edmund A. Webb, Melville W. Wilson, David S. Jr. Wright, Glenn Young, Stanley R. Zittell, George S. 9 20 4 189 Forest Street Avon Street Taft Avenue Wood Street 7 Dunham Street 43 Downing Road 67 Farmcrest Jvenue 18 Winter Street 13 Pineknoll Road 81 Hancock Street 19 Homestead Street 59 Fottler Avenue 30 Prospect Hill Road 28 Theresa Avenue 31 Grassland Street 295 Marrett Road 7 Pleasant Street 430 Concord Avenue 11 Bedford Street 11 Hamblen Street 25 North Hancock Street 55 Taft Avenue 17 Collidge Avenue 117 Bedford Street 274 Marrett Road 3 Bedford Street 9 Hillside Terrace 104 Bertwell Road 152 43 266 11 67 Bedford Street Hayes Avenue Lincoln Street Hamblen Street Simonds Road 86 Winter Street 306 Lowell Street M.I.T. SPECIAL POLICE August S. Cidalo, Donet LaCasse, Edward Richardson, Howard Ryder, George Sawtell, Richard Palmer, Walter Goss, William Demell, Tewksbury, Mass. Lexington, Mass. Stoneham, Mass. Lexington, Mass. Peabody, Mass. Maynard, Mass. Wilmington, Mass. Waltham, Mass. 231 232 Upon motion of Mr. Nickerson, seconded by Mr. Reed, it was voted to grant the following licenses: Lex. Bowladrome, Inc. Daniel Curtin It 1r Pine Meadows Country Club Chester W. Fillmore Lex. Theatre, Inc. The meeting adjourned A true record, Attest: 1698 Mass. Ave. 442 Marrett Rd. H II 11 _ 232 Ceder: Street 659 Marrett Rd. 1794 Mass. Avenue at 10:15 P. M. Bowling Alleys Common Victualler Sunday Sales Common Victualler Peddler Sunday Movies. CIO 1 SELECTMEN'S MEETING April 28, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 28, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Heed were present. Mr. Burns, Supt of Public Works, and the Clerk were also Present. Mr. James J. Carroll, Town Clerk, rnet with the Board forthe drawing of two jurors to serve in Superior Court, Cambridge, the first Monday in June. The following jurors were drawn: Mrs. Elizabeth J. Hannah, 65 Bloomfield Street and Mr. John L. Blodgett, 1654 Massachusetts Avenue. Mr. Carroll retired. Mr. Burns discussed sewer takings for the Sunny - field sewer and reported his conversation with Doctor Barnes. He asked if the Board wanted to make a taking if it is not possible to arrive at a reasonable solution. He said that he has talked with Doctor Barnes several times with no favor*blereaction. He has not talked with Buttrick or Commons, the other two individuals whose property is involved. Mr. Emery asked if the original plan was based on Metcalf & Eddy's layout when Town Meeting was asked for money and Mr. burns replied that it was based on the layout that he has with him this evening. He explained that it does not represent any change from his original program. Mr. Emery asked if Mr. Burns had any idea, from his talk with Doctor Barnes, what he wants in money and Mr. urns replied in the nega-tive. Ile stated that Doctor Barnes had told him he would come into look at the plan but has never done sb. The Chairman explained that the Board hs.s tried to give Mr. Burns a free hand to get this project ready for bid for May 1st and any delay would possibly be a factor in considerable increase in cost. He stated that the only correct procedure, if a definite and quick settlement cannot be made, is to make a taking. Mr. Emery asked if Mr. Burns could see any point in which Doctor Barnes was going to be irreparally damaged and t: Ir. Burns replied in the negative. He eIplained that the sewer will be down eighteen or nineteen feet and Doctor Barnes has not lost any access to any property he wants and the other property is of such a nature that he doesn't see how Doctor Barnes can do anything with it. 233 Jurors Sunnyf i e l d Sewer Easement 234 Dredging of Kiln Brook by State The Chairman asked if the Board would be in favor of authorizing Mr. Burns to contact Doctor Barnes at the earliest possible moment and explain that the Tonk}ijs at a point where it wants to get immediate action <:nd as much as the Board may sympathize with his wanting to think about the matter, it is at a forcing point and would like to handle the problem agreeably. Mr. Emery asked if the Board would be willing not to take a vote this evening as an alternative; that is, not to vote tonight to take the land by eminent domain or take an easement. He said that he would like to think about it before voting to override what he wants. Mr. mourns said that an order would not be written and signed before next Monday night and suggested that if he cannot arrive at an agreement, invite the Doctor to meet with the Board next Monday night. Mr. Stevens abrived at 7:35 P. M. Mr. Burns was authorized to contact Doctor Barnes, explain that time is very short and if no solution is arrived at, ask him to meet with the Board next Monday, Mr. Charles E. Ferguson and Mr. Hannon, of the State Department of Public Works, met withthe Board. Mr. Ferguson explained that Mr. Hannon has a problem in connection with possible damages that mAght pccur in dredging the Kiln brook and further stated that there are 3,000 or 3,500 feet of dredging to do in Lexington. Mr. Hannon presented a general locus plan on a large scale and explained what the State wants to do. He stated that before the work can be done the Depart- ment has to have a bond of indemnity from the town, whichbond h s to come from ection.,of Town Meeting. He said that the Board could sign it, but Town Meeting must vote Jn it, and it will be necessary to call a Special TownMeeting. The Chairman inquired about the timing and Mr. Hannon said that they would like to start as soon as possible after the first of June. The Chairman asked if a Fall Town Meeting would be of any value and Mr. Hannon replied in the affirmative. Mr. liurns asked if releases from property owners would be sufficient and Mr. Hannon replied that the State does not recognize releases obtained by the Town and is interested only in a bond of indemnity. The Chairman asked if money is available for the project and Mr. Hannon replied in the affirmative. Mr. Ferguson explained that the money was appro- priated last year. Mr. Stevens asked what is obtained from the abut- ting properties and Mr. Hannon replied that he would send Mr. Stevens a copy of what other towns have ob- tained from the abutting properties. Mr. bond and does. The Stevens asked if the Statute required a Lr. Hannon replied that he believes it Chairman said that the Board would contact Mr. Ferguson. Mr. Hannon retired at 7:50 P. M. Mr. Ferguson explained that' the reason this work is bein done by the State is the fact that this area is claimed to be part of the area drained by the Bedford Airport. Mr. Ferguson retired at 8:00 P. M. Mr. Stevens agreed to advise the Board next Monday night whether or not it is necessary to call a Special Town Meeting in regard to the indemnity bond. Mr. Stevens retired et 8:05 P. M. Mr. Gardner Ferguson and Mr. James J. Carroll met with the Board to review the report of the Committee on Revision of Precincts. Mr. Ferguson explained that the Committee found that its original thoughts were of no value because of the growth of the Town, and what they finally arrived at was to get the precincts *'s near equal as possible at the moment. He mentioned changing the center line of Simonds Road and making a change between precincts one and two which would enlarge precinct two. He felt that these ckianges could Je made now as they are relatively small and then a restudy made, possibly by another Committee, in 1953. The Chairman said that he thought to make any changes would be quite an involved task and his immediate reaction is that it seems somewhat involved to have one change in 1952 and then another change in 1953. Mr. Ferguson said that the Committee did not want a change in 1952 and one in 1953, but tried to guess the growth of the Town and foun,ii that it was away off. Mr. Carroll presented the following figures for comparison: P ecinct 1 2 3 4 March 3rd 2014 1644 1946 2264 March 28th 2122 1705 2043 2403 235 Committee on Revision of Precincts 236 The Chairman asked if a change were made this year would there also be a change next year and Mr. Ferguson replied that the Committee contemplated a study some time after 1953. The Chairman said that the Board would undoubtedly be guided in its decision by what the Committee re- commends, but it does seem a little involved to make a change even in 1952 and: 1954. Mr. Ferguson said that his reaction is that no change should be made until after the Presidential Election. The Chairman said that the Board would think about the subject and contact Mr. Ferguson later. Messrs. Carroll and Ferguson retired at 8:25 P. M. The Board felt that with the new development in Precinct Two it would be brought up equal with the other three precincts and upon motion of Mr. Driscoll, seconded by Mr. Reed, it was unanimously voted to accept the report, place it on file and not to consider making; any changes in the voting precincts this year. Mr. Stevens returned to the meeting. Mr. Burns reported that John Baskin has pur- chased the last remaining piece of land that kept him from developing Williams Road. Now he wants to build from Bentwell Road to Blake Road and will build it according to Town specifications so that Williams when it is finished it can be accepted- In connection Read Sewer with building the road, he wants to put in the sewer. Mr. Burns told him that there is 750 feet - 0,000 or id,000 worth of sewer work, and even if the Board approved, he does not have the money in his budget. Mr. Baskin proposed putting the sewer in himself anyway the Town wants it. If the Board wants to let a con- tract and follow it, he will pay the bills, or it the Board prefers, he will do the work under Town supervision and he will pay all the bilis, then when the job is completed he will bill the Town for 507; of the cost or any way the Board wants to work it out, assuming that the Board is willing to do it. Mr. Burns said that in discussing this with.Town Counsel, he feels that something can be worked out. Mr. Stevens explained that Baskin would convey the sewer with an easementfor the maintenance of the sewer. The understanding would be that he would offer to turn it over at such and such a figure. There would be a moral commitment to take it over on the 50% basis and it is merely a way of getting the sewer installed before the road is constructed. He said that he does not see why it can't be worked out. The Chairman said that Mr. Baskin would have to understand that theresent oar could not commit a subsequent Board, and Mr. Burns said that 1 Baskin understands thaj, Mr. Driscoll said that if Town Counsel approved and he can work something out whereby the Town is protected he would have no objection. The Chairman reported to the Board that Mr. Baskin has had three firm offers for low housing rentals and has turned them down because he does not think it is a good thing for the Town. Mr. Gay said that he would have no objection to an arrangement approved by Town Counsel. Mr. Emery said that this means people can get . sewers installed, not on the basis of the need for them, but on the basis of new streets going in or by a man having the money. He said that hh thought the requests for sewers in town for the next few years will be in excess of what the Town Meeting or the Selectmen will recommend and he thought the factor of need will be very important rather than the people who want the sewer. He said that by doing this job, it means any money left over this year would be morally committed to pay for Baskinl's road rather than stand in its waiting place to be considered Text yeqr, and it might work a hardship on people living on stre,t where the seder is needed. The Chairman said that he agreed with the logic of Mr. Emery's opinion but he does not believe this will become a rule for people to follow and that he thinks it is an exception. Mr. Burns explained that within two years there will be fifteen houses on the street and the Town will be faced with building the street, putting in the sewer and drainage. He estimated the cost of the street to be 010,000 and 44,000 for the sewer, and said that in this instance the Town stands a chance of getting a010,000 street. Mr. Burns bhought up the question of additional room in the Barnes property for the Boy Scouts. Mr. Driscoll said that he would like to look at the room the scouts have in mind, and the Clerk was instructed to place this item on the agenda for the next meeting. The Chairman read aaletter from Ernest E. MaclPhee requesting extension of the wstcr main in Kimball Road to service two new homes. He stated that he is pre— pared to pay the full cost in advance if the Board can guarantee him water within the next two or three months. Mr. Burns said that he could do this within the next two or three months, but he has no funds with which to pay his men and any money that comes in has to be deposited in the Excess and Deficiency Account. 237 Request water in Kimball Rd. 238 Meagherville tax title property Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to authorize the Chairman to advise Mr. MacPhee that if he wants to put in the extension it must be done under Town supervision and he must give the Town an easement,: The Chairman agreed to compose a letter and submit it to Town Counsel for approval. Two letters were received from the M.D.C. with reference to sewer easements and Mr. Stevens suggested that the Board refer them to him. He said that there is no action to be taken by the Board. Both letters were taken by Mr. Stevens. Mr. Nathaniel Hamlen's offer to purchase tax title property in Meagherville was given further consideration by the Board. The Chairman suggested, and the Board agreed, tro advise him that the Board does not wish to consider conveying any of this land at the present time. Mr. Emery said that he thought the Board should consult the Planning Board on the subject and the Chairman said that he would have no objection to discussing it with them, if the Board planned to sell it, but if it is not to be sold he can see no necessity for such a discussion, Mr. Emery said that if the Supt. of Public Works has no objection, the Planning Board is in favor and the offer is high enough, he would vote to sell it, but he does not feel that he knows enough about what is going on in the area. The Chairman asked what the Board wanted him to do and upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Chairman to advise Mr. Hamlen that the Board is not in favor of disposing of the land at this time and, therefore, is returning his certified check in the amount of 4500. Messrs. Stevens and Burns retired at 9:25 P. M. Further consideration was given to Mr. Paul 1don's letter with reference to purchasing Veterans' Lot #3, Hill Street. Vet's Upon motion of Mr. Gay, 'seconded by Mr. heed, Lot it was voted to sell and convey Veterans' Lot #3, Hill Street, to Mr. Paul Furdon, providing he meets the requirements as set forth in connection tiith the sale of these lots. Bond Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve bond I. F-141736 in the sum of 42,000 on behalf of Names R. Mowat as jonstable. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following licenses: Kieran J. Lowry 286 Lincoln St. Sunday Sales Lexington Theatre 1794 Mass. Ave. " Movies Benjamin W. Berman 13 Mass. Ave. Junk Collector Upon motion duly made and seconded, it was voted to reappoint Mr. George C. Sheldon as Fire Commissioner in the Town of Lexington for a three-year term expiring May 1, 1955. The meeting adjourned at 9:35 P. M. A true record, Attest: C1//k 239 Licenses Fire Comm. Apptt 240 SELECTMEN'S MEETING May 5, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 5, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Driscoll end Reed were present. Mr. Burns, Sup't. of Public Works, and the Clerk were also present. Mr. Burns reported that he had received a call from Mr. Hill who was the original man behind the Town's Federal grant for engineering services. he called in connection with the idea of Federal funds not only for plans but also sewer, water extensions or streets under certain conditions. He explained that this is still in connection with Lexington's nearness to the Bedford Airport. To qualify for Federal eid, Lexington must show that it has he.d a defense housing area forced upon it. Mr. Burns explained that in a situation such as this, if there were a housing development say on Mass- achusetts Avenue at the Bluffs, and it became necessary to have sewer installed and funds were not available either in part or ih:whole, a loan aotald•.be obtained either partial or complete, depending on the conditions. If the Board is interested, the routine application can be filled out or if not interested, Mr. Hill would like to be so advised. The Chairman asked if the amount would be specific or blanket and Mr. Burns replied that it would have to be for a specific purpose. The Chairman asked if there is e.ny special timing on this sand Mr. Burns replied that Mr. Hill would like some indication as to whether or not the Board is in- terested. The Chairman suggested, and the Board agreed, to discuss the subject further next Monday night. Mr. Burns reported that he had talked with Doctor Barnes this morning in regard to a sewer easement and he is willing to go along with it in the location as now shown. Doctor Barnes raised the question of the manhole interfering with plowing and Mr. Burns informed him that it could be placed so that there would be no interference. Be wanted a. copy of the borings which Mr. Burns agreed to give hiii. Mr. Burns said that Doctor Barnes is satisfied with the location so now he will have a plan drawn, and description and form of easement for him to sign. Federal Aid Barnes ,Easement because Mr. Emery asked if Doctor Barnes mentioned any sum and Mr. Burns replied in the negative. Mr. Burns said that if he grants the easement and then wants money for it, there is still no harm done. Mr. Stevens arrived at the meeting at 7:25 Y. M. Mr. Burns reported that he has arrived at a figure of 07,400 on the M. D. C. sewcr cost settle- ment for the Mill Brook sewer. He said that he thought he would take the Engineering News Record Index for 1948 and 1952 in an effort to arrive at a figure. Mr. ktevens suggested that when Mr. Burns has his information complete that he and the Chairman meet at his office and he will go with them to discuss the matter with Mr. Berrigan at the M. D. C. He said that if the Board calls a Special Town Meeting an article should be inserted to cover the acquisition by the M. D. C. of approximately 1,171 feet of sewer. The Chairman read a letter from Mr. Berrigan on the subject stating that the M. D. C, would like to initiate negatiations toward the acquisition, by pur- chase, of the completed portion of the will Brook Sewer. Mr. Stevens recommended that the Chairman acknowledge the letter and advise Mr. Berrigan that the Board expects to have the figures next week. Mr. Stevens reported that he has checked the law in regard to cilling a Special Town Meeting in connection with dredging Kiln Brook. He said the only commitment the Town would have to make would be for damages mace from a taking and no taking has been made. However, this has been the practise of the Commonwealth and it will be less work to comply. iie said that for all practical purposes it will be necessary for the Town to give the State the type of agreement requested. He has received forms for obtaining releases from the property owners whose land abuts the brook. The Chairman asked what would happen if any of the property owners refused to sign the easement and Mr. Stevens said that it would seem to him very difficult to establish any damages/this is for the purpose of improving the land. The subject was discussed at length and the Board more or less felt that it m uld be of sufficient ad- vantage to the Town to warrant calling a Special Town Meeting. Upon motion duly made and seconded, it was unan- imously voted to call a Special Town Meeting for Mon- day, May 26, 1952. 241 Mill Brook Sewer Special Town Meeting Kiln Brook 242 The Chairman was authorized to contact the Chair- man of the School Committee and the Chairman of the Veterans' Memorial Library Committee to determine whether or not there is any possibility of the latter being ready to have an article inserted in the warrant for this special meeting. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to close the Warrant for the Special Town Meeting called for May 26,. 1952, as of this evening. Letter was received from the jounty Commissioners inquiring if and when entry was made on Paul Revere Road. Mr. Burns was requested to send a reply to Thomas B. Brennan, Chairman. The Chairman read a letter ft.= Richard B. Rowse calling the Bor.rd's attention to the condition, which he claims to be dangerous, of the edge of the sidewalk on the Harrington Road side of his property. He stated that he believes the time has come to install curbing on at least one side of t he street. The Board agreed to look at this Saturday mornigg. Mr. Stegens referred to betterment assessments de- ferred without interest and said that frankly he cannot see why it isn't the wisest system for the Board of Assessors, after being informed that the betterment has been postponed, to mark the current card of that property. Then when the Assessors receive a report of a transfer of ownership of the property in whole or in part, they should advise the Board of Selectmen of that fact so that the instrument can be looked at and corrected. The Chairman agreed to contact Mr. Cronin, Clerk to the Board of Assessors to find out if he is positive that the deferred betterment assessments are being prop- erly followed. Two bids approximately the Common as B. Quint 139 'West were received for recutting and painting 1,000 letters on the Ancient Monument on follows: iliani Gra. Co. Street, Quincy Arcangelo Oascieri and Adio DiBiccari 1167 Mass. Ave., Arlington 61150 975 Curbing 1 Deferred Betterment. Assessments Bids for Recutting a Painting Ancient Monument 1 Upon motion of Mr. Driscoll, seconded h* Mr. Reed, it was unanimously voted to accept the low bid of Cascieri and DiBiccari in the amount of 4975. Mr. Stevens read a letter from the New England Tele- phone and Telegraph Company in regard to their poles in Lexington that are being used for display and/or commer- cial signs. The Company does not agree to allow attachments to the poles and aka for their removal. All the streets listed were private with the exception of Highland Avenue slid Bedford, which is a State Highway and upon which the Stste has placed a Civilian Defense number. Mr. Burns agreed to check the sign on Highland Avenue. Mr. Burns retired at 8:55 P. M. The Chairman read a copy of a letter from the State Department of Public Health to the local Board of Health advising that Chapter 562 of the Acts of 1951 has been repealed by Chaptt.r 270 of the Acts of 1952 and it is now necessary for the Board of Health to have a budget item to pay for the treatment of tuberculosis patients, retroactive to Janurry 1, 1952. The figure used when the budgets were Submitted was 44,380.00, but was eliminated. The Chairman agreed to discuss the subject with Mr. Bateman to determine whether funds are to be transferred or appropriated at the Special Town Meeting. Mr. Stevens retired at 9:05 P. M. The Chairman read a letter from Mr. Manfred L. Warren, submitting his resignation as Director of Civil Defense effective as soon after the Region -Wide test on May 15th as convenient. Upon motion of Mr. Driscoll, seconded by Mr. Reed, it was voted to accept Mr. Warren's resignation and send him a letter of thanks for his services. Er. Driscoll said that he would like to Submit the narne of Wendell Irvine vs a candidate for Civil Defense Director. The Chairman mentioned Mr. Grindle ns a possible candidate and the Clerk was instructed to bring this subject up again at the next meeting of the Board. The Chairman read a letter from Mr. Warren in regard to emergency power for the rolice and Civil Defense headquarters. He stated that the probable needs in case of an emergency would exceed the capacity of the generator that was purchased over a year ago, A larger unit can be purchased for p1,189 with an allowance of 4680 for the present generator. 243 Signs on Telephone Poles Board of Health Funds Mr. Warren resigns as Civil Degense Director Civil cr. Defense Generator 244 Board of Public Welfare The Chairman agreed to discuss this with Chief Engineer Roy A. Cook of the Fire Department. Letter was received from Arthur F. Mason advising the Board that due to ill health he cannot accept re- appointment to the Board of Public Welfare. AIr. Driscoll reported that Mr. Francis J. Hunt told him verbally that he cannot accept reappointment to the Board of Public Welfare due to the pressure of his business. Application was received from Mr. P. E. Wilson, on behalf of the Proii-Manaders, requesting permission to conduct a dance in Cary Hall on May 10th from 7:30 P. P.I. until midnight. Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to grant the use of the hall subject to a charge of 4�35. Upon motion of 11Ir. Reed, seconded by Mr. Driscoll, it was voted to renew the following licenses: Marcia Dane Five Forks Dairy B<r Harvey J. Comrie Town Line Pharmacy Minute Man Junk Co. Joseph DeFelice 1736 iiass. Ave. 271 Lincoln St. 93 Mass. Ave. 20 Mass. Ave. 81 Woburn St. Junk 81 Westview At. Peddler Intell. Office Sunday Sales rt 11 tt tl Upon motion of Mr. Reed, seconded by Iair. Driscoll, it was voted to grant a Sunday Movies license to the Lexington Theatre, Inc. Additional room at the Barnes property for the Sachem Council Boy Scouts was considered further by the Board, and it was ggreed to allow themt o use the ad- ditional space requested, bubject to a 25.00 increase in rent. The organization is to definitely understand that due to the growth of the Town it is very possible that the Board may meted the offices occupied by them and they may be requested to vacate. No action was taken on the numerous offers for tax title property. The meeting adjourned at 9:35 P. M. A true record, Attest: 1 SELECTJIEti t S MEETING May, 1-2,,:: 952 A regular meeting of the Board of Selectman was held in the Selectmen's Room, Town Office Building, on Monday in, May 12, 1952 Et 7:00 P. M. Chairman Nickerson, Messrs. Gay, Driscoll and Reed were present . Mr. Burns, Sup't. of Public Works, and the Clerk were also.present. The Chairman red a letter from Mr. William G. Potter with reference to the vacancy existing in the Board of Cemetery Commissioners as a result of Ir. Spencer's death. A copy Jf e. letter from Town Counsel to Mr. Potter was also beceived, advising tht.one wbek after notice has been received frora the Commissioners, they and the Selectmen fill such vacancy by ballot. Action was held over for one week. LIr. Burns reported on quotations received for valves and fittings for the Woburn Street water main installation. Bids were received as follows: Valves Public Works'Supply Co. 16" $314.15 Geo. A. Caldwell Co. 16" 372.48 Hilco Supply, Inc. 16" 417.35 Public Works Supply Co. 12" 149.13 Geo. A. Caldwell Co. 12" 149.58 Hilco Supply, Inc. 12" 167.60 Public Works 6upply C Geo. A. Caldwell Co. Hilco Supply, Inc. 6" 6" 611 45.05 44.05 49.35 each 11, " " " " " 11 Mr. Burns explained that his requirements are seven of the 16", one of the 12" and six of the 6". He also explained that Public Works Supply Co. has sold the Town all its valves for the pest five years. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it'•was voted to accept the bid submitted by the Public Works Supply Company for seven 16", one 12' and six 6" valves. Fittings Public Works Supply Co. 16x16 4123.55 each Hilco Supply, Inc. 16x16 225.00 each 245 Valves for Woburn St. water main 246 Fittings for Woburn St. water main Public Works Supply Co. 16x12 4#109",464' each Hilco z)upply, Inc. 16x12 192•.,00 " Public Works Supply Co. 16x6 83.63 each Hilco Supply, Inc. 16x6 125.00 II Upon motion of Lir. Driscoll, seconded by Lir. Gay, it was voted to accept the bid submitted by the Public Works Supply Co. for one 16x16 fitting and six 16x6 fittings. Mr. Burns informed the Board that he has arrived a a figure of '488,607.85 as the cost of the Mill Brook Sewer. Mill Brook He, together with the Chairman and Town Counsel, will Sewer cost meet with the Metropolitan District Commissioners tomorrow morning' at ten 8' clock to discuss the cost of the sewer. Mr. Stevens arrived at the meeting at 7:30 P. M. Mr. Burns referred to the discussion held last week with reference to Federal aid for plans, sewer and water extensions and, under certain circuistances, for Federal aid street construction. He was authorized to answer Mr. Hill's commanication in reg<rd to the aubject, it being definitely understood that no commitment is to be made by the Town. Baskin settlement Viano drainage complaint Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign the Warrant calling a Special Town Meeting for fionday, May26, 1952 at 8:00 P. M. Letter was received from Mr. Stevens with reference to vote of'the 1952 Annual Town Meeting, authorizing the Selectmen to settle the Baskin land damage suit for 4500 and the conveyance by the Town to Baskin a twenty -foot atrip of land on Adams Street. Mr. Stevens explained thrt he has received from, Baskin's attorney a confirmatory deed and release executed by the Bawkint. He said that it is now in order for the Selectmen to sign a deed fvom the Town to the Baskins con- veying the strip of land referred to above. The original and two copiea were executed by the Board and the original delivered to Mr. Stevens. • Letter was received from Viano Properties, Inc. with reference to a drainage proklem which involves its pro- perty on Bedford Street adjoining Bradford Motor Company. ?'he letter stated that �:t present negotiations are being carried on which may lead to improvement of the property and erection of buildings in the near future. CC 1 Mr. Burns explained that if a building is erected, there will be trouble. Mr. Stevens asked if the Town is dumping water in the area and Mr. Burns replied in the affirmative. He stated that the brook has been cleaned out on either side of the culvert on Bedford Street, but in order to drain it at Bedford Street it his to be at least two feet lower than it is and at the railroad it has to be another two feet lower. He explained that there ate two water mains in Bedford Street and they both run through the culivert. He said that there is only one solution and that is to start back at the railroad and pipe it beyond any place where Viano has a building. The Chairman inquired about the cost and Mr. Burns said that it would be almost 010,000. The Clerk as instructed to invite t, Ir. Eugene Viano to meet with the Board next Monday night to discuss the problem. Letter wE.s received from Elizabeth R. Thornton, 52 Reed Street, asking to have her property on Reed Street and Kimball Road regrassed. Mr. Burns explained that Russo, the contractor, when installing the sewer did cause some damage to the property frontages. However, that was four years ago and claims against him for blasting damages are still unsettled. Mr. Stevens said that if the contractor, under the direction of the Town, piled material on the property, his opinion is that it should be regrassed. Upon motion of Mr. Driscoll, seconded by ilr. Gay, it was voted to authorize the Superintendent of Public Works to have the property regrassed as per Mrs. Thornton's request. Petitions for street surveys were received signed by residents on Hudson Road, Winston Road, Grassland Street and Cutler Farm Road. Mr. Burns reported that there is E total of twenty signatures and fifty houses, not including Grassland Street. The Chairman suggested, and the Board agreed, to advise the petitioners that undoubtedly the Board will have a number of requests for street acceptances this year and these will be placed on file. Mr. Burns explained that August 15th has been set as the date for filing petitions and if these people are to receive an estimate of cost, sufficient time should be allowed. It was agreed to view the street next weekend and consider all petitions the first of July. 247 Thornton property regressed Petitions for street constr. surveys 248 At 8:35 P. M. the following members of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Hathaway, Irwin, Johnson, Potter and Ripley. Mr. Adams explained that his Board had requested this meeting to discuss the approval of subivisions for proper sewage by the Board of Health before approval by the Planning Board. He stated that his 'ioard thought it had a workable solution, but since that time the Carrig subdivision has come up in which there are sixty-four lots. The Health Sanitarian has advised that certain of theme lots cannot be properly sewered by septic tanks or cesspools and Mr. Adams asked who is going to be the enforcing euthority, does the Town have sufficient help and if not how is additional help to be paid. He said that if something isn't done so that the sewage disposal will be suitable in the next few yeErs, the Town will be faced with a very heavy expense for installing a sewer main. The Chairman asked if Mr. Adams had in mind the expense of having a definite conclusive test of the land made and he replied in the affirmative. He said that he doesnot think the present setup can:4do it. He stated that this is something for a Sanitary Engineer and mistakes just can't be made in a large subdivision. Mr. Burns explained that the average house in this development will have at least three people. The con- sumption is 250 gallons per house and there are sixty houses in this portion which makes 15,000 gallons a day. He said, being very a rs..tii ,, allow 300 days a year for this type of consumption and it figures 14,000,000 gallons per year to go into the land. Some of the land can take.it and some can't. He stated that tests may be conclusive without houses on the land, byt the situation after houses are erected may be entirely changed. He said that the intent of the law is one thing, but it is not working out that way. He said that it does not take notice of the fact of the amount of water being dumped and it is putting a tremendous burden on nae individual to say whether the. ess-pools or tanks will or will not function. The Chairman said that if there are going to be enough developments whereby the Town may expose itself to possible damage, it may be necessary to engage a trained Sanitary Engineer. He mentioned the possibility of Fall Town Meeting and Mr. Adams said that a Fall meeting would oe too late, because subdivision plans to be approved within forty-five days from the date of the hearing and this particualr subdivision hearing was held two weeks ago this evening. Mr. Stevens said that he felt this is something that should be done by the Board of Health in conjunction • with the Engineering Department and it would be a proper 1 Subdivision sewage disposal 249 place for an expenditure to hire expert engineering service. He said that the Planning Board does not approve lots so he could see no teason why it should not approve the entire plan even though some of the lots can't be sewered by septic tanks or cesspools. It was agreed that the Planning Board would confer with Mr. Burns in an effort to arrive at some figure to be used for expert Sanitary Engineering service; this amount to be requested at the Special Town Meeting to be held on IIay 26th, and to be added to the Board of Health Expenses budget. Mr. Admma brought up the Subject of Edison Way and the Chairman stated that the Selectmen would like to have Mr. Ballard go back to work on this project, He explained that the Selectmen were not too pleased with the Planning Board's thoughts on the subject as expressed at the last Edison meeting on the matter. He stated that at that time the Way Planning Board made a definite proposal of what it would and would not go along with. The Selectmen have never gone along with that whole picture. tglr. Adams said that the Planning; Board agreed to go along with Edison fray as a road around there; one way street, that would be blacktop; a portion of the land between the road and the buildings to be dedicated for public use for a period of fifteen years, no buildings on the land, to be blacktopped by the Town and the private owners to blacktop the remainder. Mr. Stevens tnd the Planning.Board retired at 9:30 P. M. The Chairman reported that Mr. Long, representativec of the New England & Telegraph Company, called him im reference tothe petition for a. pole location on North Street, and advised that he had conferred with Mr. Zecher and determine with him that the pole will be fifty feet from bis lot line. Upon motion of [.Ir. Clay seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following pole location: North Street, northwesterly from a point approximately 2855 feet northwest of Ad&, S Street. One (1) pole. Further consideration was given to Mr. Richard Rowse's request for curbing on liarrington Road. Some of the members of the Board viewed the location and inasmuch as there is curbing on both the Massachusetts Avenue and Bedford Street sides of the Common, were in favor of the request. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to install curbing in front of Mr. Rowse's house and as far along Harrington Road as the 4750 annual budget will go. Pole location Curbing 250 Mr. Burns retired at 9:50 P. M. Request was received from the Veterans of Foreign Poppy Drive Wars, Lexington Post #3007, requesting permission to conduct its annual Poppy Drive oh May 23rd and 24th. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the request. Letter was received from the Le.atington Order of Rain- bow girls requesting to conduct a Block Dance on Block Harrington Road on Friday, June 6th from.8:00 P. M. until Dance midnight. Upon motion of Mr. Gay, seconded by Yr. Driscoll, it was voted.to grant the request. Ir. Warrens letter in regard to emergency power for police and civil defense was held over. The Chairman reported that he had discussed this .subject with Roy Cook and he.has checked into it and is now fairly well close to having a completed study. He is of the opinion that a second error would be made if funds are spent to replace the present unit for a larger size and -raised the question as to what will be used for power to pperate the oil burner in an emergency. More detailed information is expected by next Monday night. Emergency generator Use of Halls Upon motion of fIr. Gay, seconded by Mr. Driscoll, it was voted to grant the following uses of halls: American Legion Auxiliary 4-H Club Conference Room May 19th " 21st Upon motion of Mr. Gay, seconded by lir. Reed, it was voted to grant a Sunday Movies License to the Lexington Theatre, Inc. Police report for the month of April was receitled and placed on file. Appointments to the Board of Public Welfare and a Director of Civil Defense were held over. The meeting adjourned at 10:05 P. M. A true record, Attest: /rdi,e•71. 1 1 Selectmen's Meeting May 19, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 19, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and heed were present. Mr. Burns, Supt. of ruihlic Works, were also present. Petition was received, signed by Dr. & Mrs. William L. Barnes, Mrs. Agnes M. Commons, Gorham and Grace But -t trick and Samuel Sanders, requesting that the proposed trunk line sewer be installed in the following location: "Entering upon the Barnes property at the most northerly boundary on Bedford Street, following the lot line at an angle of approximately 80 degrees from Bedford Street in a southwesterly direction to a point of about 650 feet from Bedford Street, thence at about an\engle of approximately 100 degrees from this lot line so`thet the remainder of the trunk line passes through tmore southerly portion of the Barnes property, and follows t=e most aauthestte47boundaries of Commons and Buttrick will properties, to a pointy approaching the State Highway Route 128. This trunk line/lie approximately 631 feet from and paralllel to Bedford Street." The petitioners also stated that the present proposed location of the trunk line is most undesirable and will btrongly objected to, cs it bisects valuable land in such a manner as to render it worthless. The Chairman said that this petition controverts what Doctor Barnes told Mr. Burns several weeks ago, and leaves the Board with two choices. One is to change the line as he proposes and the other is t o take the easement by eminent domain. Mr. Reed inquired about the additional coat and Mr, Burns replied tht it would be between 410,000 and 413,000 assuming 410 perffoot. He said that the actual direct cost is something over 48,000 and the additional cost will have to be figured out. He stated that roughly he was talking about yp20,000. He also explained that the total assessed value of all the land is 43,3'75. and this includes all the area owned by all the petitioners. Mr. Emery asked if rMr. Burns intended to take a fee or an easement and he replied that he intended to take an easement. Mr. Emery said that the easement would prevent building on top of it and Mr. Burns said that it actually does not prevent building. If anything happened tothe sewer, the cellar would hive to be dug up but other than that there is nothing to prevent him from building over the easement. 251 Petition from Barnes etal Sunnyf i eld Sewer Location 252 Mr. Emery inquired as to the depth and Mr. Burns replied that it will be between sixteen and eighteen feet.Mr. Emery asked if it were practical to have the manhole covers below the grade and Mr. burns replied in the {affirmative. Mr. Emery asked if there is any plan on file for houses and Mr. Burns replied in the negative. The subject was discussed with Town Counsel, when he arrived at the meeting later in the evening, and he was advised by the Chairman that the Board has decided to go along and make the taking for en easement; the easement to be fifty feet of which twenty-five fiat will be permanent. The Chairman read a letter from Mrs. Marie Catalano with reference to cleaning Clematis Brook and claimed that several crops have been lest because of flooding on her land. Catalano L1r. Burns said that he has to wait until he can get Complaint on the land and the Chairman was authorized to answer the letter and state that the Town cannot do any work on the brook now because conditions are not suitable, but that the situation will be remedied as soon as possible. Letter was received from Neil McIntosh requesting an abatement of 4300 water betterment assessment levied against propetty owned by him and locatad on Wachusett Drive. Upon motion of Mr. Emery, seconded by Ilr. Gay, it was voted; To extend the time for payment of the bet- terment assessment, totalling X300., assessed upon land now or formerly owned by Neil McIntosh, located on Wachusett Drive,.without interest, until said land or any part thereof is built upon or sold or until the ex- piration of three years from December 17,1951, which- ever event occurs first: provided, however, that this extension of time shall terminate immediately if the facilities of the water mainare used for Said land or any part thereof. McIntosh Deferment Mr. urns reported on the difficulty he is having t ire a man, with available funds, to take over the de ails of the various projects, and the problem was discussed, at length. The Chairman explained that the Board cannot give Mr. Burns blanket authority and Mr. Burns.said that he realizes that. Mr. Stevens at the meeting. The Chairman read a letter from T. A. Berrigan, Dir- ector and Chief Engineer of the Sewerage Division, M. D. C. in regard to the acquisition of §proximately 1171 of Mill Brook Valley Sewer constructed by the Town in 1948. 253 The Commission offered 433,229.76 for the sewer. The Board felt that a fair price is 475,000 and the Chair- man telephoned Mr. Bateman, Chairman of the Appropriation M.D.C. Committee in an effort to'obtain the Committee's reaction, Sewer Mr. Bateman informed him that his Committee voted this Offer evening to approve whatever is recommended by the Select- men. IJLr. William G. Potter, Chairman of the Board of Cemetery Commissioners, met with the Board with refer-. ence to filling the vacancy on his Board caused by the recent death of Mr. Spencer, written notice having been given to the Board in compliance with 6ection 11 of Chapter 41 of the General Laws. Cemetery The cbai,jan referred to a conversation he had with Commissio; Mr. Potter and asked if he had any idea as to whether or ers not Mr. James Walsh would serve on the Board and Mr. Potter replied that he has not approached Mr. Walsh or anyone else. Le said that there is a question in his mind as to whether or not Mr. Walsh will be a candidate for re-election next March. He stated that if a new member is to be chosen, he might as well be selected now as next March. The Chairman explained that the Board has not given the subject much consideration because the members felt that if Mr. Walsh would accept appointment, that would be the answer. Mr. Potter said that Gail\Smith agrees with him that they would prefer to have the`Selectrnan choose a candidate as he does not like selecting his own Board. The Chairman said that the Board would have to hold this over for one more week and Mr. Potter said that he mould be at a Planning Board meeting next Monday and he would be available to meet with the Board which he supposed would be the correct legal procedure. He retired et 8:10 P. M. Mr. Harvey Nugent met with the Board. He referred, by plan, to his development in the Wood Street area and claimed that water runs off Wood Street onto his lots. He explained that the lots have been built upon and water goes into the cellars. He said that he thought these taxpayers :re entitled to proper Wood drainage and that the Town shauld pay for it. Street The Chairman asked if he meant that the water Drainage coming from the surface of Wood Street is causing all the trouble and he replied in the affirmative. Lir. Nugent said that drainage was not put in Wood Street as it should have been and he is requesting the Town to pay for connecting to his manhole. He said the street is a main thoroughfare and he feels .that there 254 should be storm drains installed all along the street to take care of this condition. Mr. Burns said that there should have been drainage on Wood Street and also on about twenty or thirty miles of other streets in town, but there hasn!t been. The Chairman said that the Board does not know when drainage could be installed, if the Board decided to in- stall it, but it definitely won't be this year. Mr. Burns mentioned the fact that this is drainage in a development, and he felt that all developers are taking care of the drainage. If the town assumes responsi- bility for this drainage, it will be putting in drainage for other developers, or some portion of it, P.Ir. Stevens stated that there is no obligation on the part of the Town. Lir. Nugent said that he thought the 'Town should co- operate to the extent of rutting in 203 feet. Mr. Stevens said that Mr. Nugent put the drainage in to take care of his lots and not to drain Wood Street. The Chairman explained that the Board is trying to do the best it can for everyone but once it gets into draining private land it could run into millions of dollars. He said that the Board is definitely opposed, to doing anything that would establish a precedent par- ticularly when it feels that there is no obligation on the part of the Town. He said that Wood Street has been i xistence for many years and when a developer constructs hoses, the drainage problem is his. Mr. Nugent asked if the Board would consider putting drainage in Wood Street end the Chairman replied that there a -re no funds available. Mr. Nugent retired at 8:30 P. M. Mr. Eugene Viano met with the Board. The Chairman explained that following receipt of his letter of May 7th in regard to a Brainage problem involving his property on Bedford Street, the board felt that it would like to discuss the matter with him. He asked LIr. Viano about the timing, whether or not something was going to be done immediately and if he cared to divulge whet he is considering. Mr. Viano replied that the timing could be immediate, but he doesn't know. rie stated that he hasbeen offered a proposition and submitted a counter offer. lie may receive en, answer tomorrow or not for three months. He said that he had taken this up with Lir. DeFoe end it was his opinion thf_t the trouble was at the railroad trestle. i.Ir. DeFoe told him he would take the matter up with the railroad and if they did not do something about it, the Town would. 255 ilir. Emery said that there is no question in his mind but that the trouble is at the railroad trestle, and it would not do Lny good to lower the brook at Bedford Street unless it were also lowered at the railroad. The Chairmsn explained that to solve the problem correctly is not t, matter of hundreds of dollars but matter of thousands of dollars and there is no money available. He sG:.id that if the own has a responsibilty Viano in this and has to correct it, it will be considered at Drainage some subsequent time when funds are available. In the meantime the Board would like Mr. Viano's opinion of timing. Mr. Viano said that his project will use the entire area and involves about 100,000 square feet end they ex- pect to start as soon as negotiations are completed. The Ch rraan asked Mr. Burns for an approximate figure and he replied that it will be at least 02,000 or yv13,000 for piping from beyond Bedford Street to the railroad. He felt that if it is just lowered and the end left open that it_ would immediately fill up during the first rain and pond over everything. The. Chairman said that he does not know whit the Board can do except to promise that the matter will be given consideration. Mr. Viano s id that anything he does will be con- tingent upon his ability to control the water situation. He said that if he closes negotiations this week he will want to start construction in n month in a month. The Chairman told ::Ir. Viano that the Board would be in touch with him shortly and he retired at 8:45 P. M. A copy of Mr. Stevens! letter to Representative McCormack, re Bedford Airport, was received. The subject was discussed Lt length end it was agreed to have Bedford :,Ir. Stevens contact airs. Rogers to determine whether or Airpolt not a conference could be arranged to discuss the matter effectively and if so the Board felt that Mr. Stevens should plan to go to Washington. Mr. Adams, Chairman of the Planning; Board, met with the Board relative to Edison Way. He stated that the Planning Board in general is still interested only in parking and will go along with entrances from each end. The Chairman reported that the board's negotiator, Mr. Ballard, has advised him that he cannot obtain any dedication agreement and that it is not a sensible thing for a property owner to do. Therefore, if that is part of whathe has to propose to these people he is through. The Chairman said that the Board now faces n situation as to whether it is going to present the project to Town Meeting without the Planning Board gong along Edison Way 256 Committees Appointed with the Selectman. He said that he feels a moral ebligftion on the Board's part to present this matter to Town meeting and let it be voted on: the Board having worked it out to the bext of its ability. Mr. :r. Adams agreed that this seems to be the best solution. The Chairman said that Mr. Adams has convinced him that the value is not circulation'but parking and the Board will have to concentrate on it from a parking angle. Mr. Adams referred to Atticle 5 in the Warrant for the Special Town Meeting to be held on May 26th and stated that the Planning Board is recommending a figure of 43,000 for services of an expert Sanitary Engineer. Messrs.Adams, Stevens and Burns retired at 10:30 k. M. Letters were received from Mr. Carroll, Town Clerk, advising of the following committee appointments made by the Moderator, as authorized by the Town Meeting in March: Cary Lecture Committee: Samuel F. Parker Ars. Marguerite dalton Streeter Stuart Town Office Building Committee: John Brooks, Jr. Lincoln r. Cole, Jr. Lewis Hoyt Leslie C. Head Haskell W. Heed Elementary School Facilities Committee: ivlyron Fisher, Jr. Charles Goodhue, 3rd Hobert Hunter Robert Jackson William Maloney Mrs. Leroy Marek George P. iladswthth Capital Expenditures Committee: Alan G. Adams Donald F. Clark Donald Fifield Wilbur Jaquith Elizabeth H. Lewis 1 25' Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following uses of halls: Uses of Halls Lex. Allied Veterans Cary Hall May 30th Memorial Exercises Lex. Junior High School Cary Hall June 16 Rehearsal Lex. Junior High School Cary Hall June 17 Graduation Application from the Sachem Council, Inc. for permission to use Cary call on September 18, 25, October 2, 9, 15 and 23 was held over. Upon motion of Mr. Gay, seconded by Ur. Driscoll, it was voted to grant the following licenses4 Lexington Theatre, Inc. Sunday Movies Clarence E. MacPhee Sunday Sales The Chairman reported that Roy Cook can obtain, for 4800 plus the old generator, a used generator with power enough to handle some lights, State and Police radio, Civilian Defense radio setup and also keep the oil burner activated. He stated that there are funds available to purchase the larger unit if the Board feels that it is the thing to do. Decision was held over until the next meeting of the Board. Generator Appointments to the Board ofrublic Welfare and a Director of Civil Defense were held over. Upon motion by Mr. Gay, seconded by Mr. Driscoll, it was voted to sign the following Sewer Orders: Bedford Street Donald Street Sign 'Justin,Street Ivan Street Sewer Eldred Street Calvin Street Orders Bernard Street Copies of these orders are filed in 1952 Selectmen's Files under Sewer Orders. The Board agreed to meet next Monday night at 7:00 P. M. prior to the Special Town Meeting. A true record, Attest: „/"1-"-ir 258 SELECTMEN'S MEETING May 19, 1952 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, May 19, 1952 at 5:00 P. M. Chairman Nickerson, Messrs. Gay, Emery, Driscoll and Reed were present. Mr. Burns, Supt. of Public Works, the Clerk, idr..Bateman, Chairman of the Appropriation Committee, Mr. Howard, of Whitman and Howard and eight other persons were present. The meeting was held for the purpose of opening bids on Contract #1, Sewer Work, Sunnyfield Sewer Project. The Chairman opened the bids which were read by Mr. Howard as follows: Cert. Check Bid Richard White Sons, Inc. $4,000 $183,852. J. D'Amico Inc. 4,000 153,690. DiMinico & Pallotta 4,000 260,300. Susi & DeSantis Two 2,000 151,390. Underground Construction, Inc 4,000 195,800. Wes -Julian Construction Corp. 4,000 149,650. The Chairman explained that the bids will be taken • under advisement and the bidders informed of the Board's action. The following checks were returned and receipts obtained for same: Richard White Sons, Inc. - DiMinico & Pallotta and Underground Construction, Inc. The meeting adjourned at 5:20 P. M. true record, Attest: Clerk 1 SELECTMEN'S MEILTING May 26, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, May 26, 1952 at 7:00 P. M. Messrs. Emery, Gay, Driscoll and Reed were present. The Clerk was also present. In the absence of the Chairman, Mr. Emery acted as Chairman for t he evening. Letter was received from the State Department of Public Works, together with contract, in duplicate, in the amount of wl,000 for Chapter 90 maintenance work. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign the contract. Letter was received from Town Clerk, Mr. Carroll, advising that Article 44 as passed at the Adjourned Town Meeting held on March 24, 1952, has been approved by the Attorney General. This is an amendment to the General By -Laws closing the Town Offices on Saturdays and opening one night each week. Upon motion of Mr. Reed, seconded by !Ir. Gay, it was voted to grant the following licenses: Lexington Theatre, Inc. Gerald J. Flanagan 4 Aerial Street .Peddler Mr. Driscoll reported that Mr. George Hynes is willing to accept to appointment to serve as a Cemetery Commissioner to fill the vacancy caused by the death of Mr. Spencer. Because appointment to fill the vacancy must be made by ballot by the Selectmen and the remaining Commissioners, action was held over until the next meeting. The Clerk reported that Moir. IGl Sorley, County Dog Officer, left several forms, forthe Board's signature, claiming reimbursement fromt the County for funds paid by the Treaurer covering board, care and killing of dogs bythe local Dog Officer. Upon motion of Mr. Gay, seconded by Irlr. Driscoll, it was voted to sign the forms 2nd return them to the County Commissioners, The meeting adjourned at 7:35 259 Chapter 90 Maintenance Contract Amendment to By-laws Approved 1794 Mass. Avenue Suhday Movies A true record, Attest. . M. 260 Article 4 explanation in Minute - Man Heath letter re sewer Raytheon re- quest for water SELECTMEN'S MEETING June 2, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening,. June 2, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. Mr. Emery referred to the explanation of Article 4•in the latest issue of the Lexington Minute Man and the Chairman wt>.s instructed to request Mr. Adams to correct the statement referring to financing the Sunny - field Sewer Project. The Chairman read a letter from Charles Heath, 70 Burlington Street, with reference to the proposed sewer lines in Preston Road and Burlington Street. The Board instructed Mr. Burns to look into the seriousness of the situation and report to the Board next week. ( Mr. Heath's letter taken by Mr. Burns.) Mr. Burns reported that he has received a request from Cleaver, Varney & rine, for Raytheon Manufacturing Company, for permission to tap onto the Lexington water line in Westview Street and run down to their installation in Bedford at Forest Street and Hartwell Road. He ex- plained that Raytheon will run the line and take care ''of it from Westview Street. They anticipate a consumption of 150,000 gallons per day which will amount to about 450 or 60. Mr. Burns said that he thinks their anticipated consumption figure is high and he suggested that they use the regular commercial rates and if they exceed the amount, negotiations can then be started for a contract. The Chairman inquired about the timing and Mr. Burns replied that they want a reply right away. The Chairman asked if the Town would be required to do any work and Mr. Burns replied in the negative and explained thf.t Raytheon merely wantspermission to tap in Lexington'.s line. He said that M. D. C. will have tob notified and a letter requested from the Town of Bedford advising that Bedford cannot supply the water. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to authorize Mr. Burns to proceed to take whatever steps are necessary to grant the request re- ceived from Raytheon. 1 Mr. Burns brought up the subject of awarding the concrete work at the swimming pool and explained that it is a small job, between 43,000 and :5,000. He said that he did not want to advertise it for a contract and receive bids from contractors who might take a long time to do the work and not have it done correctly. He explained that he had talked to Town Counsel about asking for letters and he received one from Custance Bros, and also from Jaynes Soucie of Roslindale. Custance Eros. is about 41.00 per square foot and Souci is 66/ per squtre feet. Loth prices are for concrete four inches thick and include break- ing out the existing concrete Lnd putting in new con- cretee from the pobl to the fence all around the pool. He explained that the quotations are about 43900 againsla 4.5700 and there is 45500 in the budget. The Chairman asked if Mr. Burns felt these two figures L:re sufficient and if he wanted Souci to do the work. Mr. xSurns replied in the affirmative. The Chairman asked how definite the price is and Mr. .urns replied that he does not want a lump soar" price but by comparing them both on the same footage, one is 43900 and the other is 45700. tie said that by doing it this way the contractor cannot run into extras without the Town Meeting knowing where it is. Mr. Gay asked how long the job vc uld take and Mr. Burns replied. about ten days. Mr. Driscoll asked if there should be three bids and Lir. Burns replied that he has been unable to get three. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to accept Souci's bid at 66¢ per square foot for breeking out, for underground vo rk and the concrete in place and finished. Mr. Burns explained that fronds for this work are in the Recreation Committee Budget, but he has a letter from the i%ommittee asking him to do the work. IoMr. Burns retired at 7:45 P.M. and Mr. William C. Potter, Chairman of the Cemetery Commissioners, met with the Eoard re Appointment of a Commissioner to fill the vacancy caused by the death of Mr. Spencer. Mr. Potter said that he would like to have a copy of the minutes of his meeting with the Board for the Commissioners' records, The Chairman asked if he had any comment to make on €: proposed new member. iMr. Potter replied that both he and Mr. Smith are of the same apiniat that they would like the Selectmen to name the man to fill the vacancy. 261 Concrete Work at the swimming poll Appointment' of Cemetery Commissioner. 262 The Chairman asked if he would get along with Mr. George Hynes who will be retiring soon and IIr. Potter replied that he has worked tith Mr. Hynes and thought they would get along very well together. He said that he did know when Mr. Hynes was working for the Telephone Company he could not serve as an elected officer. He said that because the cemettj,meaning Westview, i or both Catholics and Protestants, he thought the 3 and should have at least one Catholic member. Upon motion of Mr. Driscoll, seconded by Mr. Emellr, it was voted to appoint George M. Hynes a member of the Cemetrry Commissioners, to fill the vacancy caused by the death of Mr. r'rederick Spencer, to serve until the next Annual Town Meeting or until another is qualified. Mr. Potter retired at 7:55 P. M. and Mr. Burns returned to the meeting. The Chairman reported to the Board that he had received a telephone call from Mr. Broadhurst, at- torney for Doctor Barnes, who advised him that Doctor B.rnes was unable to keep his appointment to meet with the Board this evening, and that he, I4r. Broadhurst, Sunny field could not attend but he wanted torregister, as Counsel Sewer for Doctor Barnes, that he is very desirous of hating the Board use the route that he has laid out for the Sunnyfield sewer. He. said .that he told Mr. Broadhurst this conversation was just a few hours before the Board would sign the contract for the taking as the board had laid it out. He also told hirn that the Board had an r approximation of 420,000 additional cost and that the land was assessed for such a small sum, the Board could not see that it was justified in any such elpenditure and were proceeding as it had notified Doctor Barnes by letter a week ago Tuesday. He also told him that "just before the bids were opened Doctor Byrnes came up with his final objection and now before the contract is signed he comes in again. He said that he left the matter that the board was going to proceed along the lines laid out and if his client . felt he must sue the Town for damages the Board is reconciled to that fact. The Chairman said that he told Mr. 13roadYiurst that he would not commit himself to a number of questions because the Board is represented b; Town Counsel and ,teferred him to Mr. Stevens. Mr. Emery said that ht®uld like to defer voting • on awarding the contract Until Town Counsel arrives because he would like to ask him one or two questions. OG Coo 1 263 Mr. burns stated that the contractor wants to order materials andilkA them in the process of be- ing delivered, but he told him to hold up until the contract is signed. His time for starting won't be for ten days or two weeks and he will start from Eldred Street, and it will be four weeks before coming through this particular section. When :'Ir. Stevens, Town Counsel, arrived at the meet- ing later inthe eiaening, the Chairman explained that the Board wants to proceed along the lines that Mr. Burns has laid out but does not want to proceed until it is sure that it is not open for damages any more than necessary. He explained that if the Board votes to sign the contract this evening, Mr. burns is of the opinion that the contractor will want to start in a couple of weeks. Mr. Stevens said that the contractor is supposed to start within ten days after the contract has been signed. The Chairman said that Pdr. Burns felt that even if the matter of t he taking was not completed, the contractor could start in the streets and then as soon as the taking is made, he could start the trunk. Mr. Emery asked if Mr. Stevens could see any "fish hooks" in this, legally, that perhaps the Board doesn't see. He said that he could not understand why Doctor Barnes hL..s consulted a lawyer following what was thought to be an amicable agreement. He asked if Doctor Barnes thought the only way for him to receive damages was to take legal action. If not, he asked if Mr. Stevens could see anything that Doctor Barnes might have in mind whereby the down might be getting into a large damage suit. He said that the third house is owned by Doctor Barnes' brother-in-law and asked if he has a subdivision laid out in his mind could it be in such a form that the Town might be in for a large damage suit. He asked if the Town would be better off to take the middle lot in_'fee. Mr. Stevens'replied that he.couldn't see that that would help. He said that if he has the land tied up with the possibility of a reasonable subdivision which is depreciated in value by the taking he is entitled to damages. Mr. Burns said that if there is no plan on file either tentative or final with the Planning Board or a completed, agreement, it has not.bearing. Mr. Stevens agreed that most Courts would not allow it. Mr. Emery asked if the Town would be in e safer position if Mr. Stevens called Mr. Broadhurst tomorrow to see if he could find out what the doctor has in mind. The Chairman said that he would be definitely opposed to any hold up on this and does not want to see the procedure delayed. 264 He skid that he is convinded to accedeto Doctor Barnes' widhes would cost 8;o much money the Town Could take a damage settlement of 41b,000 and still be ahead, the assessed value of the entire acreage being only 43,300. The Chairman asked the Town Counsel if he has done anything about starting the takings and Mr. Stevens replied that he has to secure a plan from Mr. Burns. The Chairman inquired as to the timing and Mr. Burns said that he hopes to have the plan ready tomorrow or Wednesday. TheChairman said that he thought it would be highly profitable for Town Counsel to talk with Mr. Broadhurst. Mr. Stevens said that he could not express an opinion as to the value of the land and that the question comes down to the best judgement tbC the value, indicating what the Town might get into. The Chairman asked what the Board wanted to do about signing the contract. Mr. Gay sash that if Town Counsel sees no reason for not Signing it, he would be willing to go along as he does not see spending 420,000 extra. £Ir. Stevens said that he would not express an opinion of the Qomparative cost, but that the Board could make the taking. He said he thought there is: provision in the contract where the line can,be. changed. The Chairman asked if Mr. Stevens felt this would be a bad case to defend and he replied that it depends on what the real estate men place on the land as a value. The Chairman said that he would be willing to vote to sign the contract if it contains a provision whereby the Board can make some agreement with the owners of the land. He asked if the Board felt that it should hbbe an expert value the possible damage before the contract is signed. He stated bat the Board knows it can change the routing if it must at noLpar- ticular penalty because the units are all in. Mr. Emery said that once the contract is signed, the Town is committed to go ahead and Doctor Barnes has the leverage, and if the locstion is changed, then the Town is at the mercy of the conteactor. The Chairman said that he would like to see the contract signed this evening. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign Contract No.1 for Sewer Work between the Town of Lexington e-nd Wes -Julian Construction Corporation in the amount of 4.,;149,650. oP 1 i;tr. Emery wished to be. recorded as not voting. He said that if Town Counsel had talked with Mr. Broadhurst he would probably have voted for it. The Chairman requested Town Counsel to contact Mr. Broadhurst in the morning. The Chairman read a letter from Neil McIntosh advising that if the 'Town Counsel will draw a deed to his strip of land on Wachusett Drive, he will release all his interest in it to the Town, The Chairman was authorized to advise IVIr.Ialclntosh that the 'Lbard will hold by its decision of May 19th to defer the water betterment assessment on this parcel of land without interest. I[r. Stevens referred to the Pizzeno claim for damages and stated that r'izzano's attorney, Mr. Cantor, called and said the damage was about 4p120. Mr. Stevens told him that the Board would pay 5015 of what he could show as damage. His client will sign a release for 460 and i:Ir. Stevens did not recommend going to court over the small difference of the orgine l claim of ?104. Upon motion of Mr. Driscoll, seconded by ;1r. treed, it was voted to authorize Town Counsel to settle the claim in the amount of 460. ' lir. Stevens referred to claim of Mr. Burrill, 33 Wachusett Drive, for alleged damages to ceilings, as a result of blasting, in the amount of w135. He explained that Custence Uros., in their estimate, do not state that the damage was cauded by blasting. Mr. Burns explained that Custance figure is for damage caused by blasting. He had told LIr. 'turns that some of the cracks were old, but that some of them were new. The Chairman suggested that perhaps Mr. Burrill is covered by insurance and doesn't know it, He suggested, and the Board agreed, that i,ir. Burns contact him and ask him to examine his insurance policy to determine whether or not he is covered. If he is not covered, Mir. Burns is to report to the Board end if he is covered,Ir. Burns is to advise him to take the metter up with his insurance company, Petitions were received from the Boston Edison Company rand the }+ England Telephone & Telegraph Company for j/o pole locations on Burlington Street, both living been approved by Mr. Burns. Upon motion of I,r. Gay, seconded by Mr. Driscoll, it was voted to grant the petitions and sign the orders for the following j/0 pole locations; Burlington Street, approximately 1,020 feet east of Grove Street, one pole. (One existing pole to be removed.) 265 McIntosh Betterment Pizzano Claim Settled Burrill Claim Pole Locations 266 Pole Location Request for water at 2935 Mass.. Ave Sewer request 6 Abbott Road Burlington Street,easterly aide, approximately 480 feet nottheest of Hancock Street, one pole. (One pole to be removed.) Petitia.was received from the Boston Edison Company and the New Lngland Telephone c Telegraph Company for j/o pole locations on Woburn Street, northwesterly side, northeasterly from a point ap- proximately 1,015 feet northeast of Lowell Street, Mr. Burns said that two or three of the pro- psed locations appear to be very close to the lois lines and before long there may be requests to have the poles removed. The Chairman requested Mr. Burns to discuss the locations with the BosSTon Edison Company and report at the next regular meeting of the Board. Letter from Paul J. McCormack, attorney for Ealph Clark, 2935 Massachusetts Avenue, re the in- stallation of water, wL.s held over from the last meeting. the Chairman was authorized to advise Mr. McCormack that previous requests were not acted upon favorably by the Board and that no funds are available. Letter from Arthur C. Dodge, requesting entrance to the sewer, without charges, to service his house at 6 Apbott Road, was held over. The Chairman reported that Mr. Dodge has been to see him twice and each time he has contacted Mr. Burns. The sewer goes pap Abbott hoad.and services the Locke house and goes up 1Ieriam Street and services the Baskin house. To service fQ'r. Dodge's house from Abbott Road will cost about 300 and to service it from ivleriam Street will cost about X426. Mr. Dodge wants to connect from his house to the manhole at Pbbott Road,,but does not want to pay any charges. Mr. Emery said that he would like to look et the property and decision was held over. No action was tgker on Mr. Viano's communication re drainage in Bedford Street and the Board agreed to view the property before the next meeting. Messrs. Stevens and Burns retired et 10:45 P. M. MetwAndi was received from the Massachusetts Selectmen's Association concerning H1382 on the question Bill of annual step -rate increases in municipal Welfare Depart H4.1382 ments. A hearing is to be held on this Bill before the House Ways and Means Committee on Wednesday, June 4, 1952, at 11:00 A. M. The Chairman was authorized to send a letter registering the Board's opposition. Application was received from the League of Women Voters requesting permission to hold a meeting in a Conference Room on Tuesday, June 10th from 9:45 A. M. until noon. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to brant the use free of charge. Application from the Lexington Town Republican Committee for the use of Lstabrook Hall on June 9th was denied inasmuch as the Board felt this was a political meeting and thereby:a prohibited use of the building. Upon motion of Mr, Gay, seconded by Mr. Reed, it was voted to grant a Sunday Movie License to the Lexington 'theatre, Inc. Upon motion duly made and seconded, it was voted to appoint Howard Dawes as Director of Civil Defense if he willaaccept the appointment. The Chairman said that he expected to heat from Mr. Dawes this evening. Appointments to the board of Health and Board of Public Welfare were held over. Mr. Emery reported that Ralph Chadwick had asked him about the Town garage rent of 410 permonth for a Test Tank owned by Belmont but used in Lexington. It was agreed to offer to pay 45.00 per month and if this is acceptable to Mr. Chadwick, the Board will request the Appropriation Committee to make a transfer from the Reserve Fund. The Chairman reported that Alan Adams talked with him today and laid that he had a conversation with Roland Greeley re aviga.tion rights. %+here is an organization that has money to recompense towns for devaluations and for damages from noises, dangers, etc. Mr. Greeley said that there is 4100), 000 that might be paid to Lexington if the Bedford Airport should make some of its utilities less valuable. Mr. Emery suggested, and the Board agreed, that the Chairman contact Town Counsel on the subject. It was agreed to start the summer schedule of meetings and the next regular meeting will be held on Monday, June 16th, at 7:00 P. M. The meeting adjourned at 11:20 P. M. A true record, Attest: 267 Use of Hall Dir. of Civil Def ense Weights & Measures 268 SELECTMEN' S MF,FTING June 4, 1952 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday evening, June 4, 1952 at 8:30 P.M. Chairman • Nickerson, Messrs, Gay, Driscoll and Reed were present. IIr. Burns Supt of Public Works, and the Clerk were also present. Ir. Stevens, Lown Counsel arrived at 8:45 P.M. and Mr. Emery arrived at 8:55 P.M. Dr. William L. Barnes and his attorney, Mr. Broadhurst, met with the Board to discuss the proposed location of the Sunnyfield sewer in connection with its relation to property owned by Dr. Barnes, and the discussion was as follows: The Chairman suggested, and his attorney, ti7r. BDoad- hurst met with the :Hoard to discuss the proposed linei is going. Broadhurst: Burns: Broadhurst: Burns: Broadhurst: Chairman: Burns: Broadhurst: Chairman: Broadhurst: Barnes: Burns: Broadhurst: Burns: Broadhurst: How many extra feet would it be? 240 feet at 432 a foot. Which is 43200. Right. We will trade you 03200. You aren't doing anything like that at all. When we get back to marsh it is at least 410 afoot for the whole. 432 a foot is the extra footage and does not include any extra cost for coming through the marsh. As I looked at it tonight, isn't there a fairly well defined zone of ledge that could be followed? If you want to dig down eighteen feet. You get in here and it is wet on top. '4s is dry field here. Are the stakes in 41k 43.ddle?_" Not exactly in the middle of the taking. Do you know where the line between the residential and industrial zone is? I can't tell you right off quick. It does not include the property. This last Town Meeting, it was extended to Route 128. It takes in Mrs. Bean's. I have done some work for her.. I was thinking that one of the questions that both Butterick and Dr. Barnes.has is with the unbuildable strip, how would it affect future development. If it is next to an industrial zone and could be run along an industrial zone that 1 Chairman: Broadhurst: Chairman: Broadhurst: Burns: Barnes: Burns: Chairman: Burns: Broadhurst: Chairman: Broadhurst: Burns: Barnes: Burns: Barnes: 269 element could be eliminated. Where is your unbuildable strip? You can't build on an unbuildable strip. No, but you can have a street on it. This is buildable land towards you. What do the zoning laws size require? 125 foot frontage and 12,500 square feet. You may be interested to know that was given thought when this Las laid out in this dir- ection for the reason this land down here is not desirable, but it would seem to me more sensible if a street is going to be laid out, it would be up here in this vic- inity. You would be trying to get the shortest street and still have desirable lotting. You can take either side of the easement for whatever street you want and run lots back into the land that is not too:. good for houses and you would be one of the few streets that go in with the sewer and no betterments. If you had a house here you could get into it? You can build a street over the sewer. If ever e street were put across the whole the whole area, we will say Wood Street which is in talking, the street would bridge across the sewer. It was one of the thoughts behind the layout and it was nwt just stuck in there. If someone purchased the whole parcel and had an idea of development that is the way it works out and I contend it is a betterment. You signed the contract the other night. We have Llade no annoucements whether we signed a contract or not. Let's pass that by please. All I am saying is what Stevens told me over the telephone, If, as and when a contract should be signed what is it contemplated to have in the contract concerning the responsibility of the contractor for the safe keeping of top soil. Ito responsibility on the part of the con- tractor. We write them so that anything to be done as far top soil, it would be bulldozed to one side then stocked. the trench is replaced, backfilled and brought to final grade and the soil is put back again. If there is an deficiency in loam it• is all replaced. At that level will the manholes be? They crn be as we talked. If a street is put in they will have to come up. 270 Chairman: As long as you wish to use that Es farm land. Mr. tevens, Town Counsel, arrived at the meeting. There is a line of shrubery that can't be plowed. This manhole I can't see. This can move one way or another. May I inquire for the record if ou are representing not only Dr. Barnes, but his two neighbors. I represent tir. And Mrs. Buttrick and Dr. and Mrs. Barnes. I am trying to figure how we can get ads ill in Commons land. Are you serious? I don't represent Mrs. Commons. I don't know if Dr. Barnes wants to lose the sewer or not. The loam will be pushed off? Pushed off and replaced. When do you think_ this part of the work will be done? If we get a signed contract we will try to start it in here for one job and start down here for the other. I expect they wadld by in some time in July. It would be done from this direction? that is right. How fast does it go? Very blow. Twenty feet a day would be doing well. If they get there in July they will be very fortunate. I ani picking a time I would like to get in. This pian has equipment large enough so he can handle it. I don't know what industry would want to move in there bgtt maybe somebody would. You gentlemen are quite conversant by this time as to just how this layout would go through your client's property. If you have any more questions to asksabout the physical part, I, would like to have you ask them and then I would like you two legal gentlemen discuss the matter because that is the main idea of our meeting tonight. You are the Chairman. If you want to run it I will be glad to play my part. I think Mr. 'tevens has some questions to ask when we have the physical aspect taken care of. Barnes: Burns: Chairman: Broadhurst: Chairman: Broadhurst: Barnes: Burns: Broderick: Burns: Broadhurst: Burns: Broadhurtt: Burns: Chairman: Burns: Broadhurst: Chairman: Broadhurst: Chairman: Mr. Emery arrived at the meeting. 1 Stevens: Broadhurst: Stevens: Broadhurst: Stevens: Broadhurst: Chairman: Broadhurst: Stevens: Broadhurst: Stevens: Broadhurst: Chairman: Barnes: Burns: Have you ironed out the physical questions? You know where it is going, how, method of construction, etc.? Yes. The only question:: is acquiring the right, whether by grant because the rush is to get the sewer in. What you would like to know is whether you are going to have to make a taking or whether you will get an easement granted. The easement would be 25 feet permanent even? The sewer line would be even over the pipe. We should stress the fact that the easement would be paid for. That is a subject of interest. I don't know whether you take the position of putting in a sewer and any land owner should be glad to give an easement. We don't spend money where we don't have to. r.Iost have given us the easement because they _wanted thha'de er o. I dont% 'rt—c 11-3'anyc; place where down so deep. Where it is only an easement we don't usually give money. If crops art: damaged or trees have to come out, there is no reason why you should not be compensated. As to that point, both Mr. Buttrick and Dr. Barnes have land which is used for agricultural purposes Lnd 1)r. Barnes' land in the past in this whole area this would knock it out for the growing season. All or part of it? The doctor has told me, and this is a matter too when the right of a lawyer which I don't want considered es an admission or statement by which I want to be bound, but the doctor has told me he had negotiations with a gentle- men who was prepared to lease the land for a truck garden but would forego it because of the rest of the land being made valueless. I have had a little experience for leasing acreage for truck farming and it is not a lucratiu;e business. How but settling of land? Ordinarily during the period cf which this is going on, you h..ve tamping over the pipe and the rest is usually filled in by bulldozer. We have gone through all the trenches and 271 272 Barnes: Burns: Reed: Barnes: Chairman: Barnes: Chairman: Barnes: Chairman: Barnes: Chairman: Barnes: Chairman: Barnes: Chairman: Barnes: Chairman: Barnes: Chairman: Broadhurst: Chariman: Barnes: Stevens: Broadhurst: jetted them with a two-inch stream from the fire hose End brought them up to grade again. In this instance the loam would be going on and it would be jutted twice. We have not had too much trouble with settling. If it did settle, we would have to go buck and raise it up. For how long a period? They hold rte for ever after. In this type of case where it is wide and deep it will be there for quite a period of rain. I feel that when we go out of there, I would doubt you would have much settling for the main reason I don't want to be going back again. Have you any crops there now? There is nothing there now. We have not dared to start it. The fellow just refused to start it. l'he fellow just refused to strt. On the upper part there are perennials, a few hundred of those. Bid you do this last year? What is that? Did you leas& the land last year for crops? There was a very fine garden there last year. On your land? No. I did not own it until October^ You have no background of leasing. I did not have anything to lease there last year. Have you an offer for a lease this year? I did have. Do you want to present that evidence for the record? Right now? I am just asking. I had three offers for leases. Does it matter which one you have? I am just curious. Let's lay out the facts. I told yol before that I had land thet I leased out to farmers and'I would just like to know how lucrative it is for you. The land as it stands WEs in the neighborhood of 41500. Do ,)ou want to think this ovLr or tell us if you will give us a. grant or en easement? If the Selectmen should feel that through. the loss of the growing season and through losing the lease, Dr. Barnes is losing something by having the sewer put in for which the Town feels he should be compensated - in other 1 Stevens: Broadhurst: Stevens: Broadhurst: Stevens: Broadhurst: Stevens: Broadhurst: Stevens: Broadhurst: Reed: Broadhurst: Broadhurst: Barnes: Gay: Burns: words, if the Town wants to buy the easement that would be one thing. If the Selectmen think they are unwilling; to huy the easement that would be another thing. I can see where a Board will go either way. What do you mean? You laid on some occasions the 'Town felt that the easement should be paid for. If the Town is willing to pay Dr. Barnes and pay Mr. Buttrick something near the value which they would otherwise have from the growing; season and ere going to lose, that would put a different cast on thinking of the doctor and Buttricks,: jho you mean that if the Town is willing to pay something it can be obtained by grant and otherwise it will oe taking? I think the answer is yes. I would find it hard to advise Dr. Barnes that he had anything to lose by having tho proposition take the form of a taking with the prospect of some consideration some time. I say that, having in mind that Dr. Barnes will derive a benefit as a citizen. Do you have a figure in mind? No. I came here with the idea the only thing we had to talk about was a possible relocation or a discussion between you and me when you would file your notice pf taking and when I would file my petition. I am pleasantly sur- prised by the third. Before, the Board acts we would hive to soave a figure. I don't know if the Board wants to say it is worth so much and we will pay so much for the grant. Does Mr. Buttrick farm it? He farms it for himself. Has he any crops in? He has a bed of strawberries. Most of the current season of strawberries will be gone by the time the loam has to _be removed for the sewer, but the other part is already plowed. Is it_a general buck garden? Yes. I understand you to say that this is a logical place for the street and if the sewer is in. lots would connect without betterment charges? Yes. 273 274 Gay: It:vould be a betterment to the area if the doctor could cut them up and sell them without betterments. Burns: In the streets, the sewer will be assessed. In this portion here it won't. If a street were laid out there, we would assess it. Stevens: If it can be lotted, and I assume that it can, it is worth more with the sewer than it would be without it and I think that should be considered. Whatever is done is public property in the Town and known about and, discussed and everyone is always looking to see if someone else is getting something. They don't like to pay betterments and don't like to see theother fellow ;et away without paying. Maybe ou two would like to talk it over. Chairman: We wo:.,ad like to get a satisfactory solution, but for t#e.Town we have to get a common sense solution. If you will discuss it and intiiate what you have in mind it will be progress. Broadhurst: I will more than intimate. I will tell you. There is no point of our coming iri with a figure which you would think is away out of line. Would you give us any amount which you think is reasonable? Chairman: All we can do is consider any proposition that you people may offer. I believe you are reasonable gentlemen and are aware of the physical situation here. I don't think anyone can think there is a heavy damage in there. Broadhurst: .erom a pe pea.nent point of view you are proably 100% right. The Board left the room at 9:15 P.M. during a discussion between Dr. Barnes and his attorney. The meeting reconvened at 9:30 P.M. Broadhurst: I can't make you any final proposal'because I have no idea or authority to make any offer on behalf of Mr. Buttrick. On behalf of Dr. Barnes, #1 - We will forget about any damage or loss to Dr. Barnes' land that may be virtue gf having,a permanent easement on the theory that it is offset by the advantage of having the sewer. All we are talking about is the loss:, depriving him from the income of his land during the present growing season. He had a firm offer of 41;1500 1 1 1 Emery: B:rnes: Emery: Barnes: Chairman: Barnes: Chairman: Barnes: Uhairman: Barnes: Chairman: Emery: Stevens: Barnes: Stevens: Chairman: Barnes: Chairman: Barnes: Stevens: Barnes: Stevens: Barnes: Chairman: Barnes: Chairman Barnes: Chairman: Broadhurst: and it seems to us that 01500, well he lost it. Then the line of the sewer from the street down to the point where it makes the turn goes through, including the con- struction easement, beds in which he now has something over 1,000 perennials worth 50q each in place and would cost 50O' to transplant. We say 02,000. Would that 01500 include the right to sell the vegetables from the stand? Rrom the stand. It includes the right to sell the vegetables? Yes. I would think you have about how many acres? Four acres. You had 0375 an acre for the use of the land for one year. When you figure they do 0200 or 0300 a day for the stand that is not unreasonable. The use of the stand will not be impaired. You can still run the stand. If you don't raise anything you can't use the stand. That is very good theory. Isn't it common practice for some of these farm stands to sell produce from other farms? I would have to check. You would have to raise what you sell. It is supposed to be raised by the owners, but none of the stands abide by it. They don't raise oranges, lemons, etc. The point I want to bring out is the price of 0375 for the use of the land for one year is a fantastic rental. Would the Board like to have evidence? Do you doubt my veracity? I don't doubt your veracity. If a man can do 03,000 business in one mnihth, a month like last month. Selling what? What is there now. What are they _;rowing? Plants. You have done that elready? I have not done It. Someone has done it? The season is over right now. Well then that has not been harmful to your rentor. We have not included any.element for what has already happened. 275 276 Stevens: Barnes: Chairman: Burns: Emery: Chairman: Broadhurst: Barnes: Broadhurst: Chairman: Stevens: Chairman: Stevens: Chairman: Nroadhurst: Chairman: What is the land assessed for? Same as any other farm land. The whole land is assessed for 43300. The Barnes' land is assessed for 41600. The rental of the land includes the right to sell produce and I think that is quite different from the mere rental of land. Whoever intended to rent it will probably do what most other stands do and not confine themselves to what is grown on the premises. Have you any knowledge as to whether your other client, Mr. Buttricl., is going to be defeated in his year's operation. Does he sell material from the stand? I don't know whether he sells from that stand or nota The extent to which his operation would be defeated by the inability to work across the line of the sewer, I would guess to be 75% or 80% of what he has laid out there to do. He has part of an orchard and the rest is cultivated land. The best land is left. The sewer will be in the middle of the 25 feet. Have you any comments Harold? The idea of 42,000 for one season of land that is assessed for 43300. Dr. Barnes' land is only 41600. The 42,000 would be more than the assessed value. Town Meeting would tell the Assessors to go out and do their job right, if the land is assessed for 41600 and the damage for interference for crops for one year is 42,000. It would not be possible to pay for, one year's interference at something over the assessed value of the land. I would say that we are still willing to agree to any amount that the Board could Consider reasonable and we don't want to be unto -operative or appear to be hard boiled. We simply have to make our minds 14) to a business proposition and we are responsible to the Town and would lean a little over further backwards than if it were our own business. I gather that the reaction of the Board and Town Counsel is not good. We will be glad to go out while you men make sure. Go out and let us conferfor five minutes and why don't you use the five minutes to confer also. Cao 111, 1 1 Broadhurst: We will be glad to go out for five minutes. Dr. Barnes and .1r. Broadhurst left the meeting at 9:45 P. M. Emery: Apparently the value of this thing is the privilege of using the stand. Chairman: Do I gather that the feeling is, now we have come down to a point of knowing that it is a sum of money they want, the sum has been named and the Board can take its chance in Court. Emery: You mean rather than make a counter offer? Chairman: If ye can't arrive at a sum our conscience can go along with. Stevens: We have a figure presented and know we are well within the saving by going this route. They are not in a position to suggest any figure tonight for Buttrick or any other parcel. We should consider them all and not dispose of any one. In order that the matter might not be held up, go ahead with the taking. The matter of the disposition of damage question is open for further discussion. When he gets r figure we would like to have it. The Board will give it full consideration and yu will tell them what you will settle :for. If we can't agree, we will try it. Chairman: How does the Board feel? Gay: I will go along with advise of Town Counsel, Reed: I will go along with the taking unless the offer is away down. Driscoll: I would like to go. I vc uld not pay anything. Surprised at the doctor, living in town, would act like this. Emery: How about Town Counsel telling them the figure is higher than what we wait to recommend and ask if they will get a figure from Buttrick and the other man. Chairman: I don't like it because this thing is going on and on. Emery: I am in favor of the. taking, but tell them what we think is tifair counter offer as soon as they give us the ideas of what the other people want. Chairman: If you rre willing to go along that we ere going to rr.ake the taking and then leave the door open, all11ight. I am sympathetic with Bill's and Harold's idea that we are setting up a precedent. Emery: Our offer .can be as low as ybu want to make it. 277 278 Stevens: Chairman: The matter can be adjusted after the taking as well as before. I would be glad to have Town Counsel make a legal statement covering this matter. Dr. Barnes and Mr. Broadhurst returned to the meeting at 10:00 P.M. and Mr. Driscoll retired. Chairman: We have discussed this matter and the Board has asked me to ask I+Ir. Stevens to convey to you, in a clear-cut manner, just what we have arrived at. He will do it from a legal mind. Stevens: As far as I see it, we are at no disagreement about the location. You know where it is going. The only question before us is the amount of compensation, if ur, to which the land owners are entitled. That being so, and it being importait that the work start as soon as possible,I suggest that the Board should make a. taking so that it can be done at the next meeting and the contractor can get in as soon as the work will allow him to and we can continue discussion on the question of compensation after the taking as well as before. I think it is impossible to fairly dispose of just one parcel where we have three. You represent two of the owners and can't talk price at all on one of them. Con- sideration of offers will have to be given to what cornpens.tion the other owners are entitled to. When you two get a figure that you feel is fair I think we would like to have it. We will go over it and after taking into consideration the other committees in town who might be interested, we will have a figure that we think is fair. If we can adjust it between ourselves we will do it. If we can't we will have it adjusted by the Court. Broadhurst: I do think for the record that I might say it is still m client's preference to have the sewer run as his petition indicated, namely down along the back despite this sub- division plan worked out. My client thinks he could make a oetter one. We came to an agreement that regardless of my client's view, there. is no possibility of relocating the sewer anyway. Stevens: You have no plan of the development of the land? CIO 1 Broadhurst: No plan on record.: No enginber .or1surtreyor has been to view the place. It is what the doctor and Mr. Buttrick have discussed from time to time about what they would do. Chairman: We hope this will come out to everyone's satisfaction. Dr. Barnes and Mr. Broadhurst retired and the meeting adjourned at 10:05 P.M. A true record, Attest: 24-/-1/ 279 280 SELECTMEN'S r,'IiETING June 16, 1952 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, June 16,1952 at 5:00 P. M. Chairman Nickerson, Messrs. Emery and Reed were present. Mr. Burns, Sup't of Public Works, the Clerk, Mr. Howaxtl of Whitman and Howard and seventeen other persons were present. The meeting was held for the purpose of opening bids for sewer, drain, water work, laying water mains, etc. The Chairman opened the bids Howard as follows: For Sewer, Drain and Water Work Diminico & PALlotta 'Leo' Gonttruction Co. :QuimtinVespa Co. J. D'Mico, Inc. which were read by - Contract No.2 $187,575.00 204,655.00 116,338.00 119,745.00 Laying Water Mains. Etia. - Contract 3 Z & S Construction Co., Inc. C. Jiustino, Inc. Arakelian Jonas Roslindale Contracting Co. Charles Struzziery E. Susi & Williams Corp. J. D'Amico, Inc. Susi & DeSantis 29,775.00 31,497.80 27,087.50 28,395.00 58,340.00 31,425.00 :;19,90500 22,610.00 Mr. The Chairman explained that thechecks submitted by the high bidders would be mailed back promptly and that the bids would be taken under advisement, the successful bidder to be taken under advisement, the successful bidder to be notified. The group retired at 5:25 P.M. A true record, Attest: 1 SELECTLIEN' S MEETING June 16,1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 16, 1952, at 7:00 P. M. Chair- man Nickerson, Messrs. Emery, Driscoll and Reed were present..Mr. Burns, Supt of Public Works, and the Clerk were also present. .2r. Gay arrived at 7:20 P. M. Mr. Burns informed the Board, with reference to a request received from the Tax Collector for awnings, that awndiigs cost $ 17.70 each and venetian blinds cost 49.60 each. To include one side of the building on the first and second floors will require twenty awnings or blinds. The Chairman raised the question as to whether or not provisions should be made for the Assessors' and Accountant's offices. Mr. Burns explained that he has funds available to pay for two blinds or awnings for the Tax collector, but he does not have to pay for more than two. The Chairman said that if money is not available the only solution is to ask the Appropriation Committee for a transfer, and Mr. Burns suggested waiting until after the bids have been received for the oil burner, with the idea that the bids may be less than the appropriation. Upon motion of Jr.,Emery, seconded by Mr. Driscoll, it was voted to authorize the Supt. of Public Woks to purchase eighteen vexietian blinds and if the Chairman thinks it advisable, inform the Appropriation Committee and state that it may be necessary to request a transfer in the Fall. Mr. Carrb11, Town Clerk, came into the meeting and informed the Board that he is going to the hospital on June 30th and during; his absence Miss McDonough will be in charge of lois office.. The Chairman inquired about the bonds and Mr. Carroll said that he would tI^ke care of them. The Chairman explained thathe and 4r. Burns were discussing the method of obtaining bids for the oil burner equipment and installation and there appears to be one of two methods to use. One would be to invite probably three of the regulation big-time high -wage paying heating con- tractors in Boston to present bids for this wo±k without any engineering, getting reputable people who would pre- sumably save the Town the 10%. The second method is that of Obtaining three or more regular local low-wage paying contractors to bid on the work with an eye first andf 281 Awnings or Venetian Blinds Town Clerk Oil Burner for Cary Building, 282 Kiln Brook foremost to saving money. He said that he and Mr. Burns decided to ask the Board which method it preferred and also to find out whether or not the Board might want to ask some of the oil companies to present propositions. He and Mr. Burns favor obtaining bhtaining bids from local contractors. Mr. Emery asked if the money is available in the budget and -the Chairman replied in the affirmative stating that 45,000 has been approved. Upon notion of 3r, Emery, seconded by Mr. Gay it was voted to leave the final determination of the matter with the Chairman and Superintendent of Public Works. Lir. Stevens arrived at the meeting at 7:30 P.M. Letter was received from John B. Itehoe, 102 Exchange Street, Portland, JIaine, advising that Lottie Kehoe has been dead since 1941 and that he is the owner of the property on ,iellex Road in the vicinity of Kiln Brook. He is not interested in the proposed drainage of the brook and refuses to sign a release. Ivir. Stevens advised that, in view of thisi the State should be informed that the Loard is not willing to exercise its authority to enter into an agreement with the Commonwealth. lir. Emery said that in view of the fact the Kehoe is not willing to sign a release and the Boston Edison Company is not willing to sign, together with what was only permissive and not mandatory, he would vote against signing any agreement with the State. Mr. Driscoll said that he agreed with Mr. Fiery. i.ir. Emery moved that, in view of the fact that two of the owners of rights and land in Lexington are not willing to sign releases, the Board proceed no further with issuing any bonded indemnity to the State. Mr. Dris- coll seconded the motion and it was unanimously voted. Letter was received -from the Board of Appeals advising that a petition has been received objecting to the con - Fitzgerald dition of the filling station operated by William Fitz - Gas gerald. Station Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to invite Mr. Fitzgerald to meet with the Board for fifteen minutes or less, on Monday, June 30th. Corrigan Claim Letter was received from :lames F. Corrigan, Street, with reference to injury received by iVirs when she trippe.¢I over a? flag pole holder at the Mr. Corrigan stated thatbefore advising his at bring suit, this matter could be settled within two. 40 Bedford . Corrigan Common. torne- to a day or ocumui 1 1 288 The Board was fidvised by Town Counsel that there is no legal responsibility on the part of the Town and the Chairman was authorized to acknowledge the letter and advise Mr. Corrigan thrt the matter has been discussed by Town Counsel and his attorney and that the Town Counsel will be glad to discuss it further with his t:ttorney. Mr. Toros Bashian met with the hoard at 8:00 P.M. He said that his complaint has been ever since they stopped the road and evr since water has come down and washed out the main road. He said that, where the burial ground is across the street, voter comes down from the hill and washes everything on the street down as frr as his lower driveway going into his house, and into his field. He explained that he his brought this matter to the attention of the Superintendent of Public Works and now he wants to report to the Board for necessary repairs or cleaning. The Chairman said that all the members of the Board have been up and viewed the premises. He explained that the State did the work and it is water off the State Road. Mr. Burns stated that there is water coming off Massachusetts Avenue. ile explained that cleaning is only part of the problem. The other part, as he explained to Mr. Bashian, is to raise the driveway and put in shoulders so that the water could be picked up in the basin, but Mr. Bashian does not want him to raise the shoulders. Bashian The Chairman asked if he would object to having the Complaint shoulders reaised and he replied in the affirmative. He said that if nlr. Bashi .will give Mr. Burns the right .to raise the shoulders, an effort would be made to correct the situation. Mr. Bashian said that he has nothing to do with it and -it is up to the Town to do what it pleases. The Chairman explained that when Mr. Bashian talked with the State representative hi signed off and now it de- velops that he shouldn(t have. He stated that the Board is willing to do anything within reason to correct the sit- uation, but that t.ir. Bashian will have to let the 'Town try according to the way the Public Works Department wants to. He said that what Mr. Bashian wants is to have this situati.)n corrected. Mr. Burns thinks that by raising the shoulders he can correct the water ppuring down to the driveway and 9 he asked if that is what Mr. Bashian wants the Town to do and he replied in the ne tive. He asked if Mr. Bashian wants the Town to raise the shoulders and he replied that he would have nothing to do with it. The Chairman said that the Town wou4.d do the work if sir. Bashian would give his permission. air. Bashian said that he can't do anything. Mr. Stevens asked if Mr. Bashian understood that LIr. Burns' thought is to raise the shoulders, but in order to slope it down to his land he may hr•ve to go on to 284 Mancusso house lot 110 Mr. Bashian's land. He asked if Mr. Bashian is willing that the Town go onto his land to build part of the slope there if it is necessary. Mr. Bashian replied that it would be all right if he .received benefit of it. Mr. Reed asked if it would be all right for the Town to go on to his land if necessary and he replied in the affirmative. Mr. Gay asked if Mr. Bashian would mind if the Town want on to his land and he replied in the negative stating that the Town is always welcome to do it. Mr. Bashian retired et 8:15 P.M. Mrs. Florence Mancusso.y, who owns property et the corner. of Cary Avenue and Shade Street, met with the Board. She explained that she has two lots for which she has been unable to get a building permit. She stilted that IVIr. . Jackson has told her that she will have to put in five feet of gravel. She said that a builder is willing to purchase the land but wants the epproval first from Mr. Jackson. She said that she has done just what she was told to do, after refusal of an application to keep poultry, and that was to sell the land for house lots. The Chairman said that he thought she referred to the fact that ,ir. Jackson has made a test and determined .that the sewage cannot be disposed of due to the character of the land. Therefore, the contractor would have to put in gravel to dispose of the sewage. He explained that a re- cently passed law requires the Board of Health to make tests and the Selectmen cannot tell the board of Health what to do. Mrs. Mancusso said that she had a test made by Miller k Nylander last Fall and they suggested using a septic tank. Mr. Jackson said that it was all right and signed it. Now he said that five feet of gravel will have to be put in. Mr. Stevens explained that 11r. Jackson asked the State Department of Public, Health to inspect the land aid that is the source of his information relative to the gravel. The State said that the land would be usable only if it had a certain amount of gravel in it. The Chairman explained that the Selectmen can only recognize the fact that Mrs. Mancusso come to them with her problem. He said thet the board will give the matter consideration and communicate with her, biit_it cannot en- courage her to think that the Hoard can do anything for her. Mrs. Muncusso:. retired at 8:25 P.1. Doctor Cosgrove, Chairman of the Board of health, and Mr. Jackson, Health Sanitarian „met wtLth the Board. Cia 1 The Chairman explained that the Board of Selectmen is not endeavering to meddle into affairs of the Board of Health but has done considerable thinking about the inspection of lots. .He explained that he and Mr. Burns were talking about a possible meted of procedure and Mr. Burns told him that some of the good engineering firms, such as iMletcalf . Eddy and Whitman & Howard, have been approached b: a number of towns on this subject. He said that he would like to know if the ADoard of Health would be willing to use the firm of engineers the Town is now employing. He 'explained that the Selectmen can't and does not want to force the board of Health to engage any par-- ticular firm, but just wants to 'Lake sure that the Board of Health has some one who will work successfully. Doctor Cosgrove said that the :bard of Health has given thought to just that and Jr.rJackson has had contact with Metcalf & Eddy. He stated that prior to this, Mr. Jackson has been using a State Engineer. He said that the Board of Health is glad to receive suggestions and is all for using whatever method is the most efficient without costing the Town too much money. The subject wEs discussed at length, together with the problem of sewage disposal on the development of the Pleasant Associateel and Messrs. Cosgrove and Jackson re- tired at 9:10 P.M. 285 Inspection of lots by Board of Health Copy of letter from the Emergency Housing Commission to Irving Currier was received. A hearing is to be held on Friday, June 20,1952 at 11:00 A.M. at 20 Somerset Street on an appeal by iMlr. Currier from the refus l of the hoard of Appeals to effect variances in the appli- cation of the Luilding and Loning By-laws to permit the alteration of the building at 400 Lowell Street, into four apartments. No action was taken on the matter. Hearing Letter was received from Mrs. Mary F. Hadley, 31 RobbJ.ns Road, requesting payment of 410 for damage to a tricycle by the 'Town spraying truck. According to the letter the tricycle was at the side of the street against the grass sidewalk. The Chairman'was authorized to advise Mrs. Hadley that the Town is not liable for damage. Mr. Stevens retired at 9:25 P.M. The Chairman read a letter from Richard J. McKee, 66 Hancock Street, advising that water backing up in the drain from the street sewer, which runs through his yard, is creating a flood in his driveway and running into his basement. Hadley Claim McKee Drainage 286 Curbing Speeding Macdonald Sewer Construction Viano Drainage Mr. Burns said that the only solution to this problem, and others on Hancock Street, is proper drainage. The pipe has been cleaned and replaced and about everything done to correct the situation, but before anything further is done an easement should be obtained. He said that the drainage project would cost between 4600 and 4700, He maid that Mr. ivicKee has;-'" a legitimate complaint but the situation is no.different now than it has')beenfor twenty-five years. The only thing to do for the present is to try and free the- pipe from under the tree and replace it. The Chairman requested i',ir. Burns to acknowledge the letter and explain the situation to fear. McKee. The Chairman read a. letter from John R. Bevan, 56 Hancock Street, relative to speed and repeated violations of the Stop sign on 7vdems Street, and curbing. The Chairman reminded the Board that the 1952 appro- priation for curbing has been used and Mr. Burns said that he has explained this to TIr. Bevans. Lr. Emery asked how repch money would be needed for the curbing and Mr. Burns replied &bout 4700. The Chairman was authorized to advise Mr. Bevans that his application for curbing will be given consider- ation if t -n appropriation is made next'year. Letter was received from James V. Macdonald, 93 Burlington Street, applying for connection to the sewer to service his house. Mr. Burns explained t) -vet Mr. Mr cdonald's house can be reached, but he does not know whether there will be funds available. The Chairman was authorized to advise Mr. Macdonald that the sewer project is going to be done and at the present time it appears that there may be money enough left to extend the necessary pipe to,take care of his house, but no guarantee can be made at this time. Letter from Viano Properties,. Inc. with reference to a drainage problem on Bedford Street was held over and the Chairman asked if the Board wanted to make a decision. Mr. Burns said that he definitely does not have money enough to do this project. He said that if the Board feels that something should be done, it is just a case of telling Mr. Viano that it cannot be done this year and try to get some idea as to what he is talking about for time. Mr. Emery said that he would like to view the area with Town Counsel. Mr. Driscoll is to obtain further information and the matter was held over. 1 1 287 The Board unanimously approved the Chairman's action in advisin;.3rewer and Lord to cover the Sexton Insurance property, now occupied by the Boy's Club, for a three year period. Letter was received from i,rs. George A. Maynard, 2380 Massachusetts Avenue, requesting the removal of Tree a tree located in front of her property. 1Jo action was Removal taken and a report is to be received from Mr. Garrity. Letter tilos received from Lirs. Arthur Goss, 11 Walnut Street, requesting removal of a tree located at the side of her driveway. No action w: s taken andMr. Reed agreed to report further on the subject at the next meeting. Letter was received from Lir.gy;; Mrs. John Perry and Anthony J. Rochette, advising that George H. Anker, 364 iiarrett Road, is operating his business from his garage and the loading and unloading of express trucks at night is annoying. The corrnunication was referred to the Board of Appeals. Complaint re violation Nir. Emery referred to rubbish collectors dumping at the Lincoln Street dump after closing hours which was brought to his attention by one of the residents Dump in that area. The Chairman suggested, and the board agreed, that Mr. Burns place a sign c.t the dump as to the closing time and having theib lice Department see that it is enforced. Petition w, s received signed by residents of Adams Street and Cooligge Avenue requesting that action be taken to abolish a nuisance created by a kennel owned by Compliant Mr. G. E. Saunders, 20 Adams Ltreet. re The Chairman was authorized to request the Dog kennel Officer to investigate and submit n report. Certificate of Incorporation was received from the State on behalf of Byron H. Waksman. et al, under the name of Five Fields, Inc. Satisfactory character references were received from the Chief of Police. Upon motion of Mor. Gay, seconded by Mr. Reed, it was voted to sign the application and return it to the State. Certificate of Incorporation was received from the State on behalf of Florence M. Bruce, 126 North Street, under the name of Grend Prmy of the Republic Memorial Fund, Inc. Satisfactory character reference was received from the Chief of Police. A majority of the Board felt that they did not know enough about the application to justify signing the appli- cation. Cert. of Inc. 288 'Rummage Sale Use of Hall Appointment Tax Title Property Letter was received from Jean C. Wanless, President of the Follen church Evening Llliance, requesting per- mission to conduct a Rummage Sale at the Barnes property on Saturday 6, 1952. Upon motion of Mr. Driscoll, seconded by Lir. Reed, it was voted to grant the request. lir. Burns retired at 10:15 P.M. Application was received from the Lexington League of Women Voters requesting permission to conduct a meeting in a Conference Room, Thursday, June 19th, from 8:00 to 10:30 P.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the request free of charge. Letter from Mr. Carroll advising of the appointment of a Youth Study Commission, authorized by Town Meeting, was received and placed on file. Further consideration was given to Mr. George Breslin's offer of ip125 for lots 158-162 inclusive on Hayward Avenue. Upon motion of kir. Gay, seconded by Mr. Driscoll, it was voted to entertain an offer of 4200 for these lots. Offer of 4100 each for Lots 20 and 22, Rangeway Road,` was received from i i.arrison, 25 Freeman Street, Arlington, was held over. Consideration was given to an offer in the. amount of 4125 each for Lots 28 and 29 Rangeway Road, received from Mr. & Mrs. Robert A. Butler, 21 Burlington Street, Woburn. Upon motion duly made and seconded, it was voted to entertain an offer of 4300 each plus water betterment assessments of 472 each. Upon motion duly made and seconded, it was voted to Appointment reappoint Mr. George E. Russell as a member of the Board of Health for a three-year term expiring June 30, 1955. Appointment of two members to the Board of Public Welfare was held over. License Upon motion duly made and seconded, it was voted t� sign the application for a Sunday Movie License submitted by the Lexington Theatre, Inc. SZI 1 289 Upon motion duly made and seconded it was voted to adopt the following Sewer Orders: Simonds Road, Burlington Street, Preston hoad, Nichols Road. It was further voted to adopt the following Water Order: Oxbow Road (fopies of all the above orders are on file in the 1952 Selectmen's Files under Watcrand Sewer.) Upon motion duly made approve the list of jurors NAME Adams, Kenneth E. Adler, William D. Ahern, Joseph P. Andolino, Gandolfo Andrews, Henry E. Armstrong, Frank E. Arnold, Walter A. Bachelder, Albert J. Ball, Robert A. Bateman, Hilda R. Bates, John T. Beals, Thomas E. Beaudry, Charles S. Bennett, Nelson Bergin, Charles K. Bettencourt, Henry I. Bidwell, John Bolter, Carl H. Borngess.er, Bert Bowman, Harry N. Braunfeld, Frank J. Breen, Frank. S. Bresnahan, Michael J. Brodhead, Woodruff M. Brown, Thomas Buker, Ralph E. Burke, Edith M. Burnham, Ralph A. V. Jr. and seconded, it was voted to for 1952 as follows: OCCUPATION Lithographer Buyer Clerical Shipper Musician Bookbinder Salesman Engineer Manager Shop Manager Gulf Oil Corp. Superintendent Retired Advertising Salesman Mechanic Market Research Merchant Sales Manager Carpenter Mech. Engineer Securities Trader M. T. A. £'Tfgrs. Rep. Carpenter Milkman Secretary Bank Officer 138 31 15 90 61 16 72 2526 8 10 65 10 5 213 47 2 32 79 37 280 29 104 136 21 456 28 225 25 ADDRESS Simonds Road Taft Avenue Muzzey Street Middle Street Bertwell Road Lockwood hoed Middle Street Mass. Avenue Warren Street Winthrop Road Locust Avenue Sutherland hoad Raymond Street Follen Road Kendall Road Taft Avenue Percy Road North Street Independence Rd. Concord Hgwy. Downing Woad Bertwell Road Lowell Street Hayes I'venue Waltham Street James Street Marrett Road Parker Street 290 Carey, Charles C. Carlson, Oscar F. Carter, F. Sherburne Casey, James F. Chapman, Gerald Clancy, Bert Cole, Frank Colpitts, Donald A. Connors, Edward J. Connell, James J. Conrad, Harry F. Cook, Margret H. Cooley, Sumner P. Coombs, Webster F. Cotter Francis W. Copp, Francis E. Couette, Win S. Coward, Warren F. Coye, Edward E. Coyne, Francis J. Jr. Crerie, Ernest J. Cronin, Marguerite Curran, Margertt R. Daly, William F. Dalrymple, Agnes Dean,Marshall U. Downes, Carroll T. Druey, Herbert W. Elliott, Geraldine C. Erskine, John M. Esterberg, "harles Fawcett, Harman E. Ferry, John A. Figenbaum, Ernest K. Flaherty, William G. Foster, Henry B. Mfg. Asst Treas. Telephone Fireman Auto Mechanic Badger & Co. Manchinist Mechanic Farmer Adv. Solicitor Garage Man At Home Inv. Specialist Salesman Phys. Science Aide Engineer Real Estate Accountant Electrician Chauffeur Ass't Manager Secretary Ass't Bookkeeper Prod. Engineer Housewife Design Draftsman Toolmaker Gen. Manager At home Manager Foreman Machinist Insulation I+Iech. Designer Ind. Engineer Fish. tjom. Broker 3 Eliot Road 23 Hayes Avenue 24 Percy Road 94 Winter Street 95 Spring Street 99 Waltham Street 41 Kendall Jtoad 50 Hillcrest Ave. 4 Vine Brook Rd. 55�Forest` Stret 212 Lincoln Street 11 Wachuseet Drive 43 Car ;ille Avenue 17 Shade Street 898 Mass. Avemue 127 Blake Road 4 Wachusett Circle 219 Follen hoed 53 Taft Avenue 25 Bridge Street 11.Richard Road 14 Utica Street 24 Baker Avenue 1998 Mass. Avenue 1 Sheridan Street 85 Blake Road 30 Fuller Road 9 Plainfield Street 19 Maple Street 41 Harding Road 263 Lincoln Street 22 Cary Avenue 86 Wood Street 7 Charles Street 9 Cutler t''arm tioad 27 Sherburne Road eldo 1 1 Gallagher, `Phomas G. Garrity, Jerome F. Gaudun, Peter Gilman, Martin A. Gowdy, Kenneth Greenwood, John F. Grootm Benjamin A. K. Grush, Lincoln C. Gunning, Katherine Gustafson, Henry V. Hale, Albert G. Halton, Marguerite ". Hardin; Richard R. Hardy, Sherman K. Harkins, Irebe F. Hill, Donald Hodgden, Virginia Homes, 'Theodore Holt, Richard P. Howe, Ralph W. Hatch, "alter G. Howell, Wallace G. Hufton, Charles D. Irvine, Wendell H. Jellis, Leonard Jr. Jenson, Harry A. Jenson, Oscar R. Johnson, Alice C. Johnson, Iver Johnson, Laurie Jones, Lawrence A. Lelley, Joseph F. Lelley, Mary F. Kelley, Paul Kellogg, "lifton ". Kennedy,. Muriel B. Kinsman, Leon S. Kyle, Philip Contractor Salesman Salesman Radio Engineer Pharmacist Toolmaker Bank Examiner Prod. Manager Tel. Dpergtor Marine Engineer Photographer At home Purchasing Agent Technician Adm. Asst Sales Rep. Housewife Insurance Salesman Auditor Accountant Metereologist Lab Technician Broker's Asst Telephone Truck Driver Salesman Secretary Asst Mgr. Accountant Packer Executive Cook Bus Operator Mech. Supervisor Adm. J'.ss't Demonstrator Builder 291 61 Buckman Drive 15 Theresa Avenue 25 Shade Street • 56. Bloomfield Street 41 Normandy Road 37 Watertown Street 26 Vine Brook Road 10 Tower Road 26 Cliffee Avenue 25 Taft Avenue 41 1508 83 80 2 38 36 68 11 20 33 35 162 Woodcliffe Road Mass. Avenue Hill Street Hill Street Myrna Road Burlington St. Hayes Avenue Farmcrest Avenue Bennington road Hancock street Grove Street Moon Hill Road Burlington Street 183 Woburn Street 87 Cedar street 18 Spring Street 197 East Street 30 Wachusett Drive 34 Eaton Road 5 Cary Avenue 166 Lowell Street 344 Lowell Street 11 Spencer street 14 Reed Street 5 Aerial Street 55 Hancock Street 6 Rowland Avenue 25 Wachusett Drive 292 Lane, Edward D. Lewis, Elizabeth h. Lohr, Charles I. Lombard, Helen F. Loring, Seldon M. Lydiard, Alan F. MacArthur, Miriam L. MacDonald, Colin A. MacDonald, Gordon L. MacDonald, Rosalie MacKinnon, rlorence Marshall, Talmadge D. Marshall, William J. Martin, Clifford M. Maxner, Dorothy B. McAnaul, Marie E. McDevitt, Thomas McLauthlin, Herbert G. McLeod, Edward P. Miller, "obert P. Moakley, Elizabeth Moore, Frank J. Morris, '13liomes C. Mugridge, Charles H. Murphy, Gertrude, G. Needham, Harold B. O'Brien, James J. Ousback, Paul �. Padden, Ethel M. Palmer, Linwood E. Jr. Perkins, Carl W. Jr. Porter, Thomas h. Potter, Winthrop P. Pullon, Philip F. Peabody, Wilber L. Jr. Salesman Chemist Insurance Housewife Advertising Manager Secretary Auto Mechanic Milkman housewife Secretary Asst Shipper Custodian Dept Mgr. Store Mgr. Housewife olarket Gardener Buyer Machinist Caterer Secretary Salesman Research Chemist Contractor At home Salesman Credit Mgr. Sales Mgr. Exec. Asst. Salesman Chemis t Tech. Sales Mgr. Engineer Claims Examiner Salesman 60 Marrett Road 2 Forest 6treet 15 Harding 'load 23 1liot Road 55 Bloomfield St. 44 Fletcher Avenue 20 Bernard Street 16 Fottler «venue 1 Payson -Street 8 Sheridan Street 194 Waltham Street 11 Sylvia Street 9 Independence Ave. 6 Hillside Terrace 1834 Mass. Avenue 2261 Mass. Avenue 1 Grove Street 15 Fair Oaks Drive 384 Marrett 'goad 17 Munroe rtoad 705 Mass. Avenue 222'Follen Road 4 Robbins Road 123 Grant Street 27 Slocum Road 40 Fern Street 21 Ledgelawn Avenue 214 Follen Road 488 Marrett hoad 4 Milk Street 22 Bedford Street 32 Slocum Road 25 SummittRoad 17 Percy Road 64 Locust Avenue 1 1 1 Reilly, John F. Ritchie, Arthur D. Rivinus, Handel V. Roberts, Wilbur W. Roberston, Douglass Roeder, Harold E. Royal George Ruggierem Anthony J. Runnels, Alfred J. Rush, Herbert L. Sands, Walter E. Schwartz, William Scott, Mitton J. Shaefer, Roaert Shea, Justin L. Sheldon, George C. Sinnett, George J. 3rd. Smith, Ernest (:. Spencer, Richard J. Jr. Stevens, Ruport H. Stoffregan, �yobert . Stuart, Strerter S." Stubbin, Hugh A. Jr. Sullivan, "illiam Traill, Alexander Trenholm, Bertha. M. Vadeboncoeur, Emile J. Viano, Lillian L. Walsh, Edward R. Walsh, James J. Jr. Watt, Robert H. Weir, Joseph S. Wells, Frederick D. Wiggins, Richard W. Williamson, Phomas R. Wilson, Albert O. Jr. Winslow, Ralph 1'. Wood, Adam S. Electrician Accountant Clerk Clerk Salesman Manager Sup't of Bldgs. Executive Engineering Pipefitter Flour & Food Bus. Salesman Chemist Safety Inspector Auto Dealer Sales Mgr. Supt't Dep t Mgr. Plumber Contractor Engineer Radio hnnouncer Architect Carpenter Bldg. & Power At home Printer At home Engineer Adv. Mgr. Plumber Retired Res. Engineer Wholesale Beef Factory Worker Structural Eng. Accountant Chief Engineer 293 43 Downing Road 37 Wachusett Drive 53 Cary Avenue 10 Muzzey Street 11 Grapevine Avenue 6 Churchill Lane 8 Strathem Road 19 Richard Road 1 Winthropoad 70 Middle Street 57 Meriam Street 25 Fair Oaks Drive 60 Blake Street 14 Walnut street 517 Mass. Avenue Cedarwood Trrrace 6 Hilltop Avenue 50 Fern Street 87 Waltham atreet 58 HardingRoad 16 Percy oad 11 Crescent Hill Ave. 103 Pleasant Street 18 Hill Street 905B Mass. Avenue 2 Eustis Street 35 Brandon .treet 186 Bedford Street 28 Maple Street 1508 Mass. Avenue 130 Bedford street 23 Collidge Ave. 58 Prospect Hill yia. 7 Maple Street ' 37 Ledgelawn Ave. 24 Bennington Road 43 Locust hvenue 124 Cedar Street 294 Wood, George 1. Accountant 88 Middle Street Zitso, Peter •Com. Photographer 21 Bertwell hoed The meeting adjourned at 10:40 P. M. A true rcord, Attest: 1 295 SELECTMEN' S MELTING June 23, 1952 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, June 23, 1952 at 5:00 P.M. Chairman Nickerson, Messrs. Emery, Gay and Reed were present. Mr. Burns, Sup';t. of Public Works, and the Clerk were also present The Chairman explained that the reason he had called the meeting was due to the fest that Mr. Burns is anxious to have the Board decide on the two contracts for sewer and water, have the contracts signed next week end get the jobs started. He explained that the picture has changed completely since the bids were opened. He said that D'Amico was low on the wester and after checking the bids we.s low on the sewer, but his financial statement is not good end his equipment is not capable of doing the job. he explained Water and that Mr. Burns and Mr. Howard have checked the eids and came up with Vespa on the sewer job. He is now the low Sewer Bids satisfactory bidder on the sewer. Mr. Burns has talked with him and his record is pretty good and showing steady growth. His financie:l statement is sufficiently strong to. enable him to do the job and his equipment is good. The Chairman reported that Susi & DeSantis is low on the water, and the Board knows their work.. Mr. Burns said that about ten minutes ago he received a letter from Whitman & Howard confirming Vespa and Susi & DeSantis. He said that he has talked to Tracy Ames re Susi & DeSantis and there is no:question about their being bonded. They have 421,000 in cash, do not owe any money and have the equipment. Mr. Burns explained that he took Vespa's bid and divided it es follows: Sewer, 4104,068; Water 47,180; Drain, 46,980 - total 4118,228.00. Heathen took the bid of p104,068 and added 415,600 for.ireston Road and 012,000 for engineering, making a total of 0131,668. The budget allowed y4140, 000. In re the water bid, Mr. Burns reportea that as of now the oelance in the account is 418,698. He had 08,000 for Winter Street; 49.900 for Spring Street; retained per- centage on Cali of 42,±62; bid fir Grove Street water, 07,180 which totals 427,542 and means that there are not sufficient funds. He se:id the Cali's job has run over on ledge on the Concord Turnpike. 296 The Chairmanexplained thLt Mir. Burns believes he can get Cali_ to take out the 47,180 at 4.00 per foot end he, the Chairman it in favor of taking it out. Mr. Burns said that he is short the difference between 418,698 and 427,542. Mr. Emery questioned the $6,980 drein end Mr. :burns ex- plained that it was for Grove Street end he had a figure in his budget of 46,00. Mr. Burns szid thet he hes commitments, an round figures, of 438,000, including this bid and he has e balance as of today of 433,800. He reported that Mustin Shea's drainage job is going to be done for less than originally estimated. The chairman said that the Grove Street job was in and the Board would like to do it, but there isn't enough money. The Marrett Road sewer job was discussed at length and Mr. Emery wes of the opinion that it could be postponed. He mentioned the property owned by Curtin, which might have to be deferred or abated and aldo the property owned by the Town. Upon motion of Mr. Gay, seconded by lqr. Reed, it was voted to award Contract IJo. 2 for Sewer, Drain and Water, excluding the water on Grove Street, to Quintan Vespa Co. at their bid of 4118,228. Mr. Emery did not vote. Upon motion of IVIr. Emrry, seconded by vir. Gay, it was unanimously voted to award Contract No.3 for Laying Water Mains, etc. to Susi & DeSantis at their bid of 422,610. Upon motion duly made and seconded, it was voted to sign the following sewer orders: Grove Street from Burlington Street,, northwesterly distant approximately 1,007 feet. Marrett Road fron neat Spring Street, northwesterly distant approximately 1,540 feet. Middle Street from Cary Avenue, northwestery;; distant ap- proximately 1,3000feet. Sherburne Road from near Winthrop "oad, northerly distant approximately 710 feet. Williams Road from Blake hoad, southwesterly to Bertwell Road, distant approximately 757 feet. The meeting adjourned at 5:40 2.MJ1. A true record, Attest: 1 297 SELECTMEN'S i.IEETING June 30 1952 A regular meeting of the L)oard of Selectmen was held in the Selectmen's ttoom, Town Office Building, on Monday evening, June 30, 1952, at 7:00 P.M. Chairman Nickerson, Messrs. Emery,Driscoll and heed were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for joint or identical location of two poles on Grove Street. Mr. Mahon, representtive of the Boston Edison Company, was the only person present at the hearing. He said that he believed the poles are installed and Pole have been for some time. In March, 1951, the company Location received an application from a Mr. Johnstone Fitzgerald of 210 Grove Street eor service who was apparently in a hurry for service, End the builder found he he.d not ap- plied. The Oompany Division Head at the time obt.ined a vernal right to place the poles in ndvance of a. grant being obtained. The papers were set aside and thisdid not show up until the work sheets came in from the field and the question was raised about the right for the pole. He explained that through this petition, the company is tying to clear its records Upon motion of Mr. Emery, seconded by M'r. Driscoll, it was voted to approve the petition and sign the order for the following pole locations: Grove Street, southerly from a point approximately 978 feet south of Winter Street - two poles. The hearing; w. s declared closed. Rearing ws declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Oompany for joint or identical loci.tion-of Pole ten poles on Paul nevere Road. No persons were present Location except Mahon. Mr. Mahon explained that this is a matter of paper work. the company came in with the wrong type of petition and grant. In the matter of e priyate way, which this road was at one time, the Edison '(pmpany or the Telephone Company obtained rights from the abutting owners. When they were advised that the street had been accepted, they attempted through a petition to velidate what was already done in the street .as a private way. 298 New Truck for PWD He said that it should have been done back in the Spring, but wasn't. He explained that the company petitioned, in an effort to have the poles relocated, found the records were incomplete at the time because they should have presented a petition to validate what was already done in aprivate way. the second step would be what is being done now, asking for per- mission to relocate poles for new street lines. He said that a petition wLs submitted, forgetting that the company did not have sustaining rights. He said that now a petition is nein presented for sustaining grant to keep the records straight, and suggested abandoning the petition which the board has for this evening and substituting one which he brought with him. Upon motion of Mr. Emery, seconded by oir. Reed, it was voted to rescind the vote of April 21,1952, approving location of ten poles on Paml nevere Road, approximctely 20 feet northeast ofMassachusetts Avenue and removal of ten poles. 'this vote was passed in the interest of having the matter handled properly from tkie Edison Company standpoint of view. Upon motion of fir. friscoll, seconded by Mr. finery, it was voted to validate the location of ten poles on caul Ttevere goad, northeasterly from a point approximately 30 feet northeast of Massachusetts Avenue, no public hearing being required inas much as the poles are already set. Upon motion of 4. tieed, seconded by Mr. D 00011, it w®s voted to approve the petition and sign the order for relocating ten poles on Paul Revere Road; said Way having changed from a private way to a public way. Mr. Mahon retired at 7:15 P.M. Mr. Burns reported that he received five bids on a truck, but only three submitted bids for what he wants which are as follows: Autocar, 0,018; Mack, 8,034 and International, 40,869. He explained that these are all five yards gross and his preference isi- for the Autocar. the town now has two of them and had very good results. They don't give much trouble and parts are interchangeable. Me said that the Inter- national has nne gas tank and the Autocar has two fifty - gallon tanks which makes a great difference when plowing. The Chairman inquired about the amount appropriated and Mr. Burns replied that he had $9,500 in his budget. Mr. Emery asked if he would be turning in a unit and he replied that he is turning in one army truck and the figure quoted is net -.cost. Upon motion of Mr.D riscoll, deconded by Mr. Emery, it was voted toauthorize'the Supt of Public Works to accept the bid submitted by Autocar.. 1 1 299 The Chairman reported that a petition has been filed by a group of resident's of the Fair Oaks section in reg:.rd to the shortage of water in the::area. He said that Mr. Burns doubts if the situation can be corrected until a larger size pipe is installed. Mr. Burns mentioned a high-pressure systeni as a remedy. Mr. Driscoll asked if residents could be stopped Water from watering lawns and gardens and Mr. Stevens replied Pressure thst he believed so if it was necessary. The Chairman asked if the 'hoard desired to take any definite summer action with regard to restricting the use of water or take the situations up as they arise. It was unanimously agreed to authorize the Chairman and Mr. burns to handle the problem in whateger way they deem advisable. Mr. Stevens presented dontracts #2 and #3 for Sewer, Drain and Water work for Laying Water Siains, etc. He ex- plained that Contract #2 is complete except for the certi- ficate on motor vehicle coverage which he will have in the morning. He recommended that the contracts be signed and held b•. him until he is completely s tisfied with the Contracts certificates. #2 #3 Both Contracts were signed by a majority of the Board signed and given to Town Counsel. Mr. Stevens referred to a suit pending against the estate of Mrs. Scenebaugh who, because she was nota citizen and was not sntitled to Old Age assistance, Welfare received General Welfare. Frank Burke is handling the Case esttte and has been working with Mr. Stevens in an effort to work out some settlement. The real estate left by Mrs. Scenebaugh is of little value and Mr. Stevens recommended and the Board agreed, that the 'Town accept any money that can be obtained as reimbarsement for aid given. At 8:05 P. M. Messrs. Gustin, Carlson, Emmons, Outhet and Brucci, representing the Lexington Lions Club, met with the Board. Mr. Gustin said that he did hot think a conclusion could be reached at this time, but the Lions Club would like to enterIWwin and do a project. They have in mind starting t nd doing the first step on the development of Aldrich the Aldrich property; namely, the skating area. He re- Skating ported that he went over this with Mr. Garrity who went Area over it with Mr. Earns. lhe.Club would like to make the so-called lagoon a reality for skating, End also to find out if the §erlectmen are so inelined. He stated that the Club would like to take it away fromthe Town, as it were, be responsible to do the work and then turn it back to the Town. He explained that the "ecreation Committee is favorably inclined. 300 The Chairman asked if this is a part of the Recreation Committee program that would be done by the Committee when and ifthey have the funds. Mr. Gustin replied that the Lions Club would like to do this es a project. He said that there would have to ue some type of contract, as it were, without being a legal contract. The ''hairman said that it would seem to him that first it should be determined just exactly what the Recreation Committee did have in mind for the devel- opment, find out what plans they may have, the costs that may have been worked out, add how much it would cost the Lions Club to do the project the way the "ecreation Committee panned to do it. Mr. Gustin explained that the "ldrich property was accepted by a Town Meeting and a projection prepared as to how the land would be developed. The ove *Ui develop- ment was that the lower part, in back of what hat been filled in towards the dump, would be a lagoon --skating area for the winter and an island inthe middle that would be used as a stage and use the side of the. hill of the Aldrich property for a theatre. The hill itself would be somoothed off for skiing and toboggan slide. l he lower section would ae an archery range and over to the left would be a golf driving range. 11e said this was one man's idea and the town more or less accepted that plan. The rtecreatio% Committee, when it came into being, more or less voted to go along with the development of the area_.along those lines when and if they could get the money. Whe estimated cost was 030,000 or 040,000., but the first step would. be the skating area. He explained that the Club would fill it and put in two dams to eliminate reeds, etc, and that, as Mr. Garrity went over it with Mr. burns, will cost about 42,500. He said that,the Club believes the area formerly used for skating and later turned over to hockey is no, longer a skating area because it is used for hockey all the time. The new area would be for skating and not for hockey. The Chairman said that the Board would recognize the fact that the group met with the board and mentioned the project and that the board would think it over and be in contact with Mr. Gustin. Mr. Gustin said that the group cannot commit the Club until it has something t Om the board. The Chairman said that he understood the Club is contemplating an initial :2,500 expenditure for a skating area avid the Selectmen will consider the matter. The Chairman said that if the Loard goes along with .the proposed project, it will have to discuss the matter wit1 Mr. 1)urns and he thought there were two ways to handle it insofar as the engineering is conderned. 1 8o One would be to have the ''''own Engineer do it end the other would be to have a private Engineer, and he thought that a privare engineer would be the most sat- isfactory to the Club and to theB'oard, at the monent, but that this was merely a guess. He said that the engineer would make a drawing, establish quantities, make En approximation of cost End than have a contract prepared. Mr. Gustin said that the Lions Club would like to do this as a credit to itself and a benefit to the Town. He mentioned that there will be some maintenance once the project is completed. The group retired at 8:20 Y. M. Mr. William P. Fitzgerald met with the hoard et the Roard'*s request in re objections to conditions at his filling station. The Chairman explained that the Board has been Fitzgerald Considerably exercised about the conditions <^.t his Esso filling station - wrecks and parts of automobiles around Station there for not only days but for weeks and in large num- bers.. He stated that complaints have been registered by residents of the area and am nous comments have been made about the looks of the place. He said that the Selectmen want to ask him formally to make sure that he holds to the permit under which he is permitted to operate a place fort he sale ofgasoline and oil and other products allied. He said that no storage of wrecks and that the premises are to be kept in a neat and clean conditionLare a part of the permit. Mr. Fitzgerald asked if t he 'hairman meant that he was not to tow in any car to work on. The Chairman replied that he did not know what he was referring to, but this. the place has not been kept in a neat and clean condition' because of a portion or automobiles or wrecks. Mr. Fitzgerald said that he has never dismantled a car or sold any parts. The Chairmen said that he was not inferring that Mr. Fitzgerald had broken any rules. He said that the place does not look neat and clean and that is the primary objection - it should. He said that h'permit had been given by the Hoard of Appeals to pperate in an RI Zone under these conditions. He said that when there are cars laying around, he thought the people were within their rights'to object. He stated that Mr. Fitzgerald hid been approached by a number of people unofficially and asked to do better, and that the Board is not satisfied with the results so had asked him to come in and agree to ante the situation. 302 Ivlr. Fitzgerald said that the filling station work at one time was a. limited business. Today, unless one operates the station for electrical service there isn't any trade. He said that he would like to know if it is illegal or if he is overstepping his grounds if when a car is towed in he puts in e new condenser or set of points. The Chairman said that technically he would be overstepping his legally given permission because this pllt of land is one that was much discussed back in 1937 when Mr. O'Connell wanted to use it for a gasoline station. He said that it is ina residential area and specific permission was given - for the erection of a building for the sale of gasoline and oil and other allied products. He said that he supposed tires were sold, but that no permission is given to sell cars or pperate a repair :shop. He stated that if Mr. i''itzgerald is going to demolish and partly demolish cars and leave them, work on them and repair them, he is very def- initely exceeding his permit. Mr. Driscoll said that in an emergency he did notthink anyone would ever bother him. He said he thought the Lhairman referred to wrecks towed in there. Mr. Fitzgerald said that he has two cars right now. One he took in from.Route 128 with a broken water pump and his had it since Wednesday be- cause the owner is in Connecticut and will pick it up tomorrow. The Chairman mentioned that he might have six, eight, ten or twelve cars under the same circumstances all mtorefl on the premises at the same time. Mr. Driscoll asked if he hL.d another place and Mr. Fitzgerald replied in the affirmatige. He said that as far as the wrecks go, they will probe ly never be back in there. He said that he would like to know just where he stands and that 90 of the filling stations today all render electrical service. The Chairman said that he mever saw any accumu- lation of cars at the Maple Street station or at Childs. He said that Mr. Fitzgerald would have to govern himself by the people who surround him there and that if he has oetween six and twelve cars around the place he is going to have adverse comment. He said that he doubted if there would be any adverse comment if he were working on only one or two cars. He explained that IvMr. Fitzgerald is the only person who can satisfy the people in the area or make it necessary for someone to become rugged with him. Mr. Emery said that he thought the Chairman had stated the case very well. 1 Mr. Stevens said that the station itself is zoned for u,usiness and the Chairman said that he meant it was surrounded by the Hi district. Mr. Stevens said that in E. business district filling stations are permitted only by a Board of Appeals hearing, and it was set forth in the permit a limited permission. He explained that this was referred to him by Mr. Lindstrom and no action has been taken yet. Mr. Fitzgerald said that the only thing left is two cars, one of which is being held for a fellow in the Navy. Mr. Stevens asked if he intends to keep the wreckers there and Mr. r'itzgerald repleed that he would put one in- side. He asked if lir. ''tevens meant that he could not even tow in a wrecked car. Mr. Stevens replied that running a tow business is entirely separate from a gasoline business. Mr. Fitzgerald said that when he received Mr. Lindstrom's letter he removed as many cars as he could. Mr. Driscoll inquired as tot he area in the rear of the station. Mr. ritzgerald said that when school is in session he parked crs :round in back and had had to pay for refinishing fenders. Mr. Driscoll asked about putting .up a fence and Mr. Fitzgerald repleed that he could do that. The Chairman said that the Loard is taking cognizance of a petition in a friendly manner and it is up to Mr. Fitzgerald to keep the place neattand clean and that he could not with a number of wrecks there. - Fitzgerald said that the wrecks are something in the past and he could not understand why he couldn't store one of his trucks in the lubritorium nights. Mr. Stevens, said that the petition mentioned wrecked cars and wreckers. Mr. Fitzgerald said that he could not see any harm in keeping one truck there. He retired at a:45 P. M. The following persons met with the Board: Mr. and Mrs. Tinkham, Mr. Bauguss, Mr. Viler, Mrs. Smith, Mr. and Mrs. Saunders and their attorney, Mr. Cunningham. The Chairman stated that in opening this so-called hearing, it is not a formal hearing but an effort on the part of the Board of Selectmen to get some people who are bothered by barking dogs together with the owners oftithe to heir what the various interested parties have to say and come to some friendly neighorhood solution to a problem which is vexatious to at least seven people'who have pet±tionedi'eor a hearing. He explained that Mr. Stevens, Tvwn Counsel, has talked with Mr. Cunningham. 03 Saunder's Dog Hearing 304 He stated th&.t if the people have a complaint against a kennel in the area, they w ll have to go further than to the Selectmen with it. It will beeneces,sary for them to obtain a petition signed by twenty-five pwrsons and they will have to go to.the 'county Com- missionere. If they do not like the decision of the ''ounty, they will then have to take the case to Court. He said that before entering into any such situation as that, they may arrive at some more friendly solution. He stated that this meeting could not be conducted on the set lines of a formal legal hearing, but he suggested following the same general procedure which is to hef.r the complainants present their views and then hear Mr. end Mrs. Saunders and their attorney. Mr. C. H. Tinkham, 18 Coolidge Avenue, said that he regards this thing as a nuisance. It interferes with his home life very muchr•and he has been through quite an ex- perience with it. He said that he has seen the time when there were twelve ©r fourteen dogs there, and that a dog can't be stopped barking. He said that he is one of the abutters and is within seventy-five feet of the kennel. He said that he should suppose it would not be necessary for him to say another word of what he is expected to put up with. The "hairman asked if his only complaint was the noise and Mr. l'inkham replied, "Yes, exactly." The Chairman said he believed at some time an abutter complained auout.lighting the kennels late at night, and Mr. -inkham said that could not bother him. He satid that he has arrived home many times and found his wife in a very nervous condition. She said that the noise would have to atop or they would have to move. He said that if they cannot get relief from this nuisance, they will have to get out, and he thought the gown should look after its citizens. Mrs. Tinkham said that last year they had seven_ppppiestnJ and five or six older dogs. Mr. and Mrs. Saunders are not home during thec cy, but leave the dogs in care of a boy. One day she ws ztlm ost beside herself with the noise and called the police, but :ins told that they could not trespass on the Saunderss' property. She explained that the petition was started last year and thought they would stop the dogs from barking. ~he said that she cannot entertain any friends on her piazza. ''he further stated that they bed the dogs with newspapers which are iiurned every day and cause a terrible odor. Mrs. Walter Smith, 17 Coelidge Avenue, said that her house is right across from the side hill and she gets the noise. ''he said that she thinks hers is one of the few houses on the other aide of Coglidge kvenue that gets the noise and it really is terrific. Cd lap 1 1 305 She said that some times it goes on until one oclock in the morning and it is not possible to telephone be- cause there is noione at home. ahe said that the dogs do quiet down when the Saunders come home. She said that about a year ago she spoke to i¢Irs. Saunders and the situation was better for a short time. 'he said that her contention is thet thereis no one at home to quiet the dogs. Mr. Tinkham said thet the boy ;ir. Saunders t_as tries to stop the noise but he is not there all the time. Mr. Joseph S. Wier, 23 Coolidge, said that he is opposed to the establishment of a kennel. He stated that he objects to the establishment of a kennel or anything vhereiIDy s noise similar to whit is made by these dogs disturbs the neighborhood. He slid that previous to -the arrival of the dogs therewere one or two horses and previous to the horses therew<<.s e flock of chickens. The tlhairman asked if Mr. Wier lived on the same side of the street and Mr. Wier replied that he lives on the opposite side and his bedroom window faces north so he doesn't hear the noise Et night. He said that it does not enhance anyones property to have this type of kennel and he thought it vns a lack of neighborhood spirit. Mr. Paul l3auguss, 18 Adams "treet,.aaid that first of all there is. nothing personal as far as he is con- cerned. He feels it is an immature approach to life in a community to feel that neighbors should b e sub- jected to this type or torture. He said that his win.; hes a very serious heart condition which has been aggravated by this condition, and it has a very definite bearing on their general health of :mind. He said that the fact that Mr. and LIrs. Saunders have a complete disregard for -their neighbors, with the exception of one or two, gives the feeling or immaturity in approaching community life. He said there. is the matter of noise and odor and when the femalesi "ere in heat it attracts other dogs. He said that the ' general hubbub is terrific both dry and night. He stated that when Mrs. Saunders is home the situation is much improved. - Walter C. Smit", 17 Coolidge Avenue, said thet he thought everything had been said. He reported that in talking with Mr. Horton he wxpressed the opinion that he thought this was a nuisance and should be stopped. Mr. Smith said that he agreed with Mr. Horton. The ghairman said that he assumed all who had signed the petition had been heard and if so he would ask Mr. gid Mrs. Saunders and their attorney to speak. 806 Mr. 'unningham srid that he understood this is not a formal hearing in the sense that any formal order of appeal to the District Court can issue from, and in that case he did not think it wt.s apprppriate for him to cross examine the witnesses. He said that he would like to point out that Mr. Bau;uss does have a collie and there is another collie in the neightc rhood. ''hese two dogs get together and do cause somewhat of a hubbub themselves. He said that he wanted to point out the methods of oper- ation and the importance ofthe cstablishment to Mr. amd Mrs. maunders, and that perhaps Mrs. Saunders could speak for herself. Mrs. Saunders srid thrt unfortunately they never could have a frmily and they have the dogs as a hobby. They breed the best in the country and intend to continue. She stated that they never had more than four dogs there at one time; puppies don't count until they are six months old. She said th t they purchased a large lot of land End have it fenced. They have a dog in the show circuit and intend to keep him there and also intend to go on breeding;. Mr. Cunningham said th<t Mrs. Goodwin is a direct abutter and does not have any objection to the situation. The Chairman stated that the report of the Dog officer is always a compl®te white wash of any nuisance condition. fie was up there twice at a listening post and it happened to be at times when there was no noise and he so reported. He said that the Officer gave a clean bill of sale on the condition of the kennel. the Chairman said that he knows some of the people present and they would not be here this evening; unless they are bothered. He said if necessary the Board would send the Dog Officer up there to spend a week if it has to. Ars. Saunders stid that she never comes horr_e at night, regardless of the time, eleven, twelve, one or two, without going out end checking the dogs. -he light is not on for more then ten or fifteen minutes and she brings the female dog into the house. The Chairman asked what they do With the dogs and Mr. Saunders replied that they show them and give ataay most of the puppies. Mrs. Saunders said that they finished the champion and'gave her away because she did not bark. Mr. Cunningham said that from his inspection of the property tonight, he thinks evcrythingg is being done that can b done to protect the neighbor's welfare. whenever the dogs are taken out they are on a leash. The kennel is_clern and a high school boy makes sure that the dogs are 307 fed regularly. He stated that.: with reference to burning papers, the droppings are burned and everything else is put down the cesspool. The Chairman inquired about the size of the lot and Mrs. Saunders replied that it is about 3/4 of an acre and is enclosed with a steel fence. Mr. Emery asked which neighbor lived next to the kennel and Mr. Tinkham replied that he does. He said. tha is house is about seventy-five feet away. Mr. my asked if his house fronted on Coolidge Avenue and he replied in the affirmative. Mr. Driscoll asked how many puppies they have End Mrs. Saunder replied that they have four, sevenweeks old. She s< id that they paid ypl, 000 for the female and thid is her first litter, the stud dog is in Philadelphia. Mr. Saunders questioned the truth in the statement about the horses and hens. He said that boxers ane dogs that do not bark only when something disturbs them. if someone comes onto the property or speaks to the dogs they will bark. He said that they do not bark at two in the morning. He further stated that they are home almost every night inthe _week. He said that some tines the cogs bark and he has Found the reason and stopped them. Generally it is some other dog in the neighborhood that causes trouble. He skid that7 the two collies in the neighborhood cue more trouble than any of his dogs. He said that he has never had twelve or fifteen dogs at one time and there are only three in the kennel now. The Chairman asked what solution they had for abating the nuisance and explained thet he ca -fled it a nuisance because the petitioners have so called it. Mr. Saunders sid that he didn't think burning papers caused a bad odor and he does not think the noise is his fathlt. Mrs. Saunders said thL:.t the noise is not excessive. The Chairman said that three dogs and four puppies are potential noise makers. Mrs. Saunders said that they have quite an -investment here and it is a hobby. The Chairman said that he did not think they are in a neighborhood where people should be dist,bed. Mrs. Tinkham said that last summer there were seven young puppies in the kennel, brought on the place and kept there all summer. 808 Northeastern Gas Co. bond 19th of April The Chairman said that he would like to see if the people could not get together and eliminate P nuisPnce or cut it down and get somewhere. If they can't, the petitioners will be forced to take whatever legal procedure is at their disposal. He asked if the people would be contented if Mr. Saunders would agree to have someone there in charge of the dogs at all times and Mr. Bauguss said that he would not. He said that would not 1301ve the situation. The ooy is there and the dogs still bark. He slid that he does not believe someone staying there would be the solution. The Chairman said that the Board will have to think the matter over and contact the group later. The group retired at 9:25 P.M. The Board felt that the people would have to follow the regular legal procedure if they wish to putsue this complaint any further. Mr. Stevens said that as a result of the hearing it appears that the kennel is the substance of the complaint and on that basis a petition must be signed by twenty-five residents. A letter was received from the Northeastern Gas Transmission L.ompany advising that there are only four condemnation cases outstanding in Lexington and they would like the Board's approval of reducing their bond from 410,000 to ,,,a,000. Mr. Stevens recommended that the board not reduce the amount of the uond and the Chairman was authorized to advise the company. Mr. piano's letter of May 7th re drainage on Bedford Street was held over. Letter was received from Mrs. Rich, Town Accountant, advising that the total bills for the 19th of April Com- mittee amount to 41,440.80 and the balance of the 41,000 appropriation is 4965.04. She said that it will be neces- sary to pay the diffeence of 4475.76 out of the Leroy S. Brown Income Fund and asked the Board to request a trans- fer from this fund. The Chairman was inssucted to find out from the Committee why such a large amount is necessary over and above the appropriation. Further consideration was given to Mr. Goss' request for the removal of a tree in front of his driveway at 11 Walnut Street. Upon motion duly made and seconded, it Wks voted to instruct Mr. Garrity to post the tree for removal. Mrs. Maynard's request for the removal of a tree in front of her property at 2380 Massachusetts Avenue was held over. Letter was received from Miss Thompson, Oollector of Taxes, requesting a transfer of 4841.5O for an ad- ditional Clerk in her Department for the balance of the yeL.r. 309 Tree Removal Transfer The Board felt this is a reiteration of a previous request which was considered and denied Find the members were still of the same opinion aafore. Certificate of Incorporation of behalf of Morton Margolis, 22 Sherburne hoed, was received. Satisfactory character reference was received from the Chief of Police.Cert. of Action was held overending further information to Inc. be submitted by Mr. uriscoll. Letter was received from Mr. :c Mrs. Robert butler, 21 Burlington Street, Woburn, advising that they are willing to pay the price of 300 for Lot 28 Hangeway Road, plus 472 water betterment assessment. 1 Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted that a proposal to sell be advertised in the Lexington Mihite Man and that further consideration be given the offer at the next meeting of the Board. Certificate of Incorporation of behalf of Florence I. Bruce was Jneld over. the Ghairman agreed to inter- view Mrs. Bruce. Letter was received from George W. lreslin, 17 Hayward Avenue, Lexington, advising that he is willing to pay :200 for lots 158, 159, 160, 161 and 162 Hayward Avenue. Upon motion of Mr. 'mery, seconded by Mr. Reed, it was voted that a proposal to sell these lots be ad- vertised in the Lexington Minute Ian and that further consideration be given the offer at the next meeting of the Board . Further consideration was given to Vtobert W. Swanson's offer of 420 for lot 13 Symth Street, Lex- ington. A proposal to sell this lot was advertised in the June 19, 1952, issue of the Lexington Minute Man. No persons contacted the ')electmen's Office as a result of the advertisement. Upon motion of Ur. Emery, seconded by Mr. heed, it was voted to sell and Convey lot 13 Smyth Street to Robert W. Swanson. Tax Title Property Cert. of Inc. Tax Title Property 310 Tax Title Property Dog Warrant Letter was received from Mrs. Walter Cunha, 139 Reed Street;, offering $ii50 for Lot 4, Block 95, Reed Street, the price entertained by the Board in 1949 at which time no reply wts received from Mrs. Cunha. The Board preferred to look at the property before taking any action on the offer. Letter was received from. the Town Clerk to which wLs attached a list of the unlicensed dogs in the 'Town. Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to issue and sign a warrant to the Dog Officer, submitting the original likt of unlicensed dogs to him. Applic<:tion was received from Gail W. Smith on behalf of the Lexington trot ry Llub, requesting per- mission to conduct a broadcast in connection with Use of Freedom Festivals in Estabrook Hall "nd Cary Hall H411 if the attendance is large enough.. Mr. Emery moved that the use of the halls 'Je granted free of charge.' :Mr. heed. seconded the motion and it was so voted. Application w<s received from Robert G. Tucker, 100 wleriam Staeet, for renewal of his Guide License. Mr. Driscoll moved that the license be renewed. Mr. Reed seconded the motion and it was so voted. Application was received from the Lexington Amusement Co., Inc., 1794 Massachusetts Avenue for a Sunday Movie License. This is the Lexington Theatre formerly operated by the Vianos. Mr. Driscoll moved that the license be signed jut held pending further information by the Chairman. Mr. Emery seconded the motion, r.nd it was so voted. Upon motion of Mr. BriscolL: seconded by Ur. Emery, it w.s voted to re -appoint iir. Howard S. 0. App't Nichols as a member of the hoard of tietirement for a three-year term, expiring July 1, 1955. Letter was received from Charles F. Vaughan with reference to the 'down fire insurance now to be written through the office of Brewer and Lord. Mr. Iaughan is of the opinion that as a broker his per- centage will be decreased from 25% to 20%. He also stated that the companies for whom he acts as Agent have allowed him credit for fire insurance premiums against his automobile premiums . '; ,icense Sunday Movies Vaughan complaint - insurance The Chairman reported that Mr. Hill has had only three contacts from people who are disgruntled about the insurance and one wss Mr. Vaughan. He stated that Mr. Hill was very firm in stating that no broker will receive less money than he did before. It tiaas the opinion of the Board that the change in policy is for the overell good of the Town. The meeting adjourned at 10:15 P. M. A true record, Lttest: 1 1/vaz _sy4, • 311 312 SELECTMEN'S PMIEETING July 14, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, July 14, 1952 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay Driscoll and treed were present. Mr Burns, Sup't of Public `corks, and the Clerk were also present. Letter from the Recreation Committee listing in- structors and salaries was read and placed on file. Letter wus received from tvIr. Lombard, Chairman of the Board of Public Welfare, with a copy of a letter from Mr. Morey in regard to the Welfare Department Welfare Dep'taffiliating with Community Services. Before taking & Community any action Mr. Lombard would like to know the Selectmen's Services attitude on the subject. Mr. Emery questioned whether or not it wpuld be legal and the Chairman suggested that possibly one member of the Board could be appointed as & laison, but not have any particular tie-in. Mr. Emery agreed to discuss the matter with Mr. Morey in an endeavor to obtain more information and report to the tsoard at its next meeting. Request for water main Leighton Ave M Letter was received from Mrs. Boisvert, 11 leighton Avenue, requesting a new water main. Mr. Burns explained that the house is already constructed and has been for many years. The appli- cant has a long service tapped off Bow Street and the pipe is all corroded. She sked Mr. Burns 'about it and he told her she would have to pay for the service in from Bow Street, the only alternative being a new main. The service from Bow Street will cost approximately 0150. Mr. Burns did not recommend the installation of a 6" main for one house. The Chairman was authorized to advise Mrs. Boisvert that there are no funds available to comply with her request and her only alternative is to apply for a new service and pay for ishme. Letter was received from the Ridge Construction Co; requesting the extension of water main to Lot #1 Cambridge - Concord Highway. 313 iLr. Burns explained that the lot is the parcel of land at the corner by the lights and runs from the lights to the Arlington line. The applicant has been t aged down by the Planning Board twice on a lay out he had and is now cutting the land up into individual lots facing on the Ridge turnpike. He laid that he has informed the applicant Constr- that there is no water on the 'pike. the lot in question req.. is just at the Arlington line and the applicant wants for the sown to connect the same as it did for Golden Avenue water and Bowman Street. Mr. Burns told him that it would take at least a year if the Board decided to extend the main. The Chairman was authorized to advise the ttindge are Construction Company that there/ho funds available for the extension and the application will be placed on file and considered in the 1953 budget. The Chairman read a letter form Russell H. Kettell applying for water service for his proposed.house on land running between Pelham Road and Bennington Road. The Chairman reviewed the action of the Board in Kettell abating a water betterment assessment of :520 levied request against Mrs. Bond prior to the land being sold to Mr. for Kettell. water Decision on the request was deferred until the Board makes an investigation and determines just where the proposed house is to be located. Letter was received from the r-rlington Gas Light Company, together with sketch, showing proposed location of 60' of 4 C. I. gas main in the northerly direction. of Lowell Street. Mr. Burns explained that this is an extension to service a new house and recommended approval. Upon motion of Mr. Driscoll seconded by ir. Gay, it was voted to approve the proposed location providing the pavement is replaced to the satisfaction of the Sup't. of—Public Works. Letter was received from the "rlington a§.s_bight Company together with sketch, showing proposed Iocation of 350' of 4" C. I. gas main on the east corner of Coolidge Avenue. Mr. Burns explained that this is also an extension to service a new house and recommended approval. Upon motion of Ir. Emery, seconded by Mr. Gay, it was voted to approve the proposed location providing the pavement is replaced to the satisfaction of the Sup't of Public Works. Ext. of gas mair, Ext. d#' gas main 314 Blasting damages Letter was received from the Arlington Gas Light Company together with skch, requesting approval of proposed loc tion for a Safety Regulator in the sidewalk adjacent to the Boston Edison building. Mr. Burns had no objection to the proposed location. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the proposed location for a Safety Regulator. Letter was received from Paul J. McCormack, attorney for iiIr. Qnd Mrs. Glenn, 105 Winter Street claiming damages to foundation walls and cellar floor caused by blasting operations done for the Northeastern Gas Transmission Co. Mr. Stevens said that he would check the bond and advise the Board. Letter was received from Mr. Stevens advising that he'has condidered the form of sewer conveyance submitted by Mr. Berrigan, Director and Chief Engineer of the Sewerage Commission of the•M.D,C. He has made some changes in the form .and they have been approved by Mr. Berrigan. Pursuant to vote of the sown Meeting held May, 26, Sewer 1952, under Article 3 of the warrant, it was unanimously Conveyance voted, upon notion of dir. Lmery seconded by Mr. Driscoll, to M.D.C. to sell for 05,000 to the Commonwealth of Massachusetts the main sewer extending from the Arlington -Lexington line to a point approximately 1,172 feet in Lexington, which was constructed by the Town in 1948 . It was further voted to authorize the Chairman of the Loard to acknowledge the instrument of conveyance onbehalf of the -oard of ''electmen. At 7:45 P.M. Ic1r. Raymond Reed and Mr. William G. Potter, Jr. met with the 44oard to discuss with the Board the lack of water in the -c air Oaks section. The Chairman said that the Board is sorry it was necessary for the two individuals to request a Lack of mecting with the Board and that practically all the water members of the Board have received telephone calls in from people in the area. He explained that suddenly Fair Oaks this evening; something in the system snapped and that whereas the town was getting along on a pressure read, ing of sixty, it dropped down to forty and even the Veterans' Hospital has no water. iip 1 He explained that Jr.:Burns is out at the present time trying to locate the cause of the drop in pressure. 1Ir. Potter stated that the residents in his neighbor- hood&ant to go to the State but he wanted to discuss the ubject with the Board to determine whether or not he could get some concrete information to convey to these people. The Chairman said that since this condition started, the first night there were four Public Works Department cars, two police cruisers and a Fire Department car patrolling the town End requesting the citizens not to use water for lawns and gardens. Station WB:z: broadcasted a request three times that night and twice the next morning for people to sto,. watering except between the hours of 7:00 A.M. and 9:00 A.M. He said that the Board also°inserted a notice in the local paper, sent a letter to the editor which was printed and there was also andeditorial on the subject. He explained that there are no funds avail- able to correct the situation and that the project has to be one for future condideration. He stated that he could not tell the people what the Loard is going to do but at the present time it is considering an overall study of the water situation in the town and has been brought about by the conditions on Fair -Oaks, Meriam Hill, Woodhaven and now the hospital. Mr. Potter .asked if it would be a big -job before the people in his.area have sufficient pressure to obtain a normal supply of water and the Chairman replied that he does not know.how long a project it will be. He said that the water system has ween strengthened here and there and steted that when the 16" main in Woburn Street is completed it will be of great assistance. He stated that it is not easy to sell the Town the idea of spending thousands of dollars for water mains. Mr. Potter mentioned a booster pump end the Chairman informed him that the petition from the residents in his area mentioned a booster pump and he wrote them advising that no member of this lioarc:, ever Beard of any such pro- position. He said that i.[r. Burns informed him that this sounds inexpensive and sufficient, but there mast be water to boost from here to there and it would not wonk in the Fair Oaks area. Mr. Potter said that this is his sixth summer in Fair Oaks and he thinks the people are more deserving last year than the year before and he suggested making a law or rule which would stogy the people from using water and imposing a fide if the rule was violated or even shut off..the water. The Chairman said that he had been up to Mr. Potter's 315 316 house with his father and he knows the situation and that possibly Town Counsel would know if there is anything to be done. Mr. Stevens said that he 'would not commit himself without looking into the methods of restricting the use of water. The Chairman reported that 1306 houses have been con- nected into the water supply since 1947 and at the same time the town is Supplying the airport and the hospitals and may be supplying the research area. Mr. Potter asked if correcting the situation would best: a natter of two or three years and the Chairman replied that this Loard is going to study the matter, and`.it aa.. close to number one. As a result of its study in the next few months or weeks, the Hoard will go before Town Mettin; possibly with a recommendation. He explained that when the Selectmen make a recommendation one way or another it is then up to the Town Meeting. the appropriation Commit- tee will also be in on these discussions and will make recommendations. tie also explained that of late years the Capital Expenditure Committee has made a third recom- mendation. He stated that after these recommendations, the discussion starts on the Town Meeting floor and whether the program goes through remains to be voted on, IvMr. Reed asked if any attention had been paid to Roy Cook's recommends ;tion to run a fire hose to help.the situation. The Chairman replied that no one on the Board had heard of this suggestion and he thought if Mr. Cook had talked to Mr. Burns he in turn would have discussed it with the Chairman because they have spent hours on the subject. Mr. Gay asked if Mr. Potter was able to het any water and he replied that he could before noon, but at 5:30 P.M. there was not even air in the pipes. Mr. Gay asked when it came on and Irir. Potter re- plied some time around 2:30 in the morning. Mr. Burns arrived at the Meeting at 8:10 P.M. and when asked about Roy Cook's suggestion replied that it !gould not work. The Chairman said that the Board would ask Town Counsel to see if there is any law inexistence that can be used and enforced. He will try to do this promptly, and if such a law exists the Board will put it into effect. Mr. Reed asked what the people could do to see that the situation is remedied and the Chairman replied that he has already explained aJout the vote of Town Meeting. He said that if they wanted to petition the Appropriation Committee or the Board of belectmen by all means to do it. 1 1 Messrs. Reed and Potter retired at 8:30 P.M. i.Ir. Grant Cole, Director of Civil Defense, met with the Board. He discussed the subject of civilian c defense and mentioned possible need of funds, a room to operate from, preferbly underground, and the generator. The Chairman explained that there is a Reserve Fund and if the Selectmen and Appropriation Committee believes that money should be transferred to the Civil Defense Account it will be. The Board had no objection to Mr. Cole contacting the Board of Fire Engineers relative to the use of the basement room at the Central Fire Station or relying upon Roy Cook's recommendation regarding the size and type of generator to be purchased. Mr. Cole retired at 9:00 P.M,. Further consideration was given to Mr. Vianots letter of May 7, 1962 with reference to drainage on Bedford Street and Mr. Stevens agreed to have a l®1- ference Wednesday morning in an endeavor to o'.itain more complete information of the subject. List of proposed election workers was submitted to each member of the Board and the "lerk was instructed not to remove the names of any workers who have been on for a period of time and are willing to work. Upon motion of 4r. Reed, seconded by I4r. Gay, it was voted to appoint the following election workers for terms expiring Septemi,erl, 1953: (See Selectmen's Files -Election Worker's 1952). Letter was received from the Equitable Life Assurance Society with reference to Chapter 239 of the Acts of 1932 authorizing cities and towns to appro- priate money for payment of group life insurance pre- miums for permanent employees. Mr. Emery suggested, and the Board agreed, that this subject be considered some time in September. :Ir. Burns retired at 10:05 P.I. Letter was received from Joseph Connolly, 91 -dill Street in regard to the increases in both his land and house assessment. 817 Group Insurance Letter was received from .Toseph Dattole, 101 Cliffe Avenue offering 05 each for lots 63-66 inclusive on Rawson Avenue. Tax title Mrs Reed and Mr. Ga.y agreed to view the land and property report at the next meeting of the oard. 318 Tax title property Letter was received from Joseph McDonald, 14 Banks Avenue offering S40 for lots 463-466 inclusive on +:,anks Avenue. The Board preferred to view the lots before taking any action on the offer. The Board gave further consideration to Mt. and Mrs. Robert Butler's offer of 4300 for Lot 28 Rangeway Road, plus water betterment assessment in the amount of 472. ti* proposal to sell this ldt was advertised in the July 3, 1952 issue of the Lexington Minute Man. No Persons contacted. the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Emery, seconded by Mr Driscolllf it was voted tosell and convey Lot 28 Rangetiray Road to Mr. and Mrs. Robert Butler for 4300 plus water better- ment assessment in the amount of 472. The Board gave further consideration to Mr. George W. Breslin's offer of 4200 for Lots 158-162 inclusive on Hayward Avenue. A proposal to sell these lots was adver- tised in the July 3, 1952 issue of the Lexin ;ton Minute Tax title Man. No persons contacted the Selectmen's Office as a property result of the advertisement. - Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to sell and convey Lots 158-162 inclusive on Hayward Avenue to George W. Breslin. Mrs. George Maynards request for the removal of a Removal of tree in front of her property at 2380 Massachusetts tree Avenue was held over. Certificate of Incorporation on behalf of !~Morton Cert. of Inc.Margolis and Diane Seyeort-Ruegg Margolis, 22 Sherburne Road was held over. Certificate of Incorporation of Behalf of Florence M. Bruce, 126 North Street was held over. Mr. Walter Cunha's offer of 450 for Lot 4 95, Reed ,treet was held over. Upon matioft of Mr was voted to grant the following licenses: Lexington Theatre, Inc 1794 Mass. Ave. Sunday Movies Diane L'Etoile 24 Somerset Rd. Guide Application was received from William P. Brenchick, on behalf of the Lexington Arts and Crafts, Inc. for per- 3lock Gay, seconded by Mr. Reed, it 1 mission to use Cary Hall, Estabrook Hall and a conference room on Sunday, April 26, 1953 for an exhibition. The Clerk was instructed to advise the applicant that the ioard does not wish to make a commitment so far in advance and suggest that he re -apply after the first of January, 1953. Upon motion of Mr. Emery, seconded by Lir. Driscoll, it WBS unanimously voted that the appointment by James J. Carroll Treasurer, on March 4, 1952, of Vary H. McDonough as Assistant Town Treasurer be and hereby is approved an$ that such approval be effective as of March 4, 1952 and apply to all acts of said Mary R. McDonough as Assistant Town Treasurer since that date. The l-oard recondtdered Mrs. Bary P. Hadley's claim in the amount of 410 for damages to her son's tricycle and voted to authorize payment. Further consideration was given to the proposed sewer easement in connection with the so-called "Sunny - field" Sewer Project, and upon motion of Mr. Reed, seconded by Mr. Driscoll, the following vote was passed: ORDERED: - WHEREAS, at a Town Meeting duly called, warned and held the 3rd day of March, 1952, in accordance with the provisions of lawrapplicable thereto': to wit: - at the adjourned session thereof held on March 24, 1952, it was unanimously voted to install a sanitary sewer or sewers.to serve that part of Lexington known as "Sunnyf field' area and to take by eminent domain or otherwise acquire any easement or other interest in land necessary therefor, and an appropriation of money was made for the purpose, as will more fully appear by reference to srid vote, an attested copy of which is annexed hereto; and WHEREAS, the easements hereinafter referred to are necessary for the instillation of a sanitary sewer or sewers to serve the afore s -id "Sunnyffield" area. NOW, THEREFORE, )RE, we, the undersigned, being a majority of the 17oard of Selectmen of the said Town of Lexington, duly elected,quAIlnal and acting as such, do hereby in the name and on behalf of the Town of Lexington, under and by virtue of the provisions of Chapter '79 of the General Laws of Massachusetts and all acts and amendments thereof and in addition thereto, and of any and every power and authority u:: hereto in any way enabling, take the perpetual right a.nd easement to enter upon, lay, construct,_ inspect, repair, renew, replace, operate and forever maintain a covered sanitary seweb or sewers with proper pipes, manholes and other appurtenances in, through and under the following described strip of land situated in,said° Lexington:. 319 Use of Hall Carroll, Approval of Appoint- ment of Ass't. Treas. 320 The westerly side line of the essement begins at e point in the northerly side line of a State High- �,'. way(Route 128), seid point being southwesterly of and distant one hundred twenty-four and 26/100 (124.26) feet from a Commonwealth of Massachusetts highway bound in the northebly side line of said State Highway; thence running northerly et an angle of 71 408 from the northerly side line of said State Highway about six 4undred seventy (670) feet to a point; thence running northerly and a little more easterly at an angle of 172. 25' 30" a distance of about three hundred forty (340) feet to a point; and thence running northeasterly at an angle of 124 34' about two %u eighty (280) feet for a point in the westerly side line of Bedford Street, said point•being northwesterly of and distant two hundred ninety-one and 29/100 (291.29) feet from a Commonwealth of Massachusetts highway bound in said westerly side line of Bedford Street, and said last mentioned course being at an angle of 76 551 from said westerly side line of Bedford Street; and the easterly side line of the easement is parallel to and twenty-five (25) feet distant easterly and southeasterly from the above described westerly side line of the easement; all as shown on a plan entitled, "Plan Showing Sewer Easement Lexington, Mass. Scale: 100 feet to an inch. June, 1952" by Whitman & Howard, Engineers, which is to be recorded herewith. Ne take also the temporary right and easement to enter upon and use as working apace during the period of construction of the aforesaid sewer a strip of land 15 feet in width immediately adjacent to and extending along the easterly and southeasterly side of the aforesaid per- manent easement as shown on the aforesaid plan. This temporary right and easement shall terminate automatically at the expiration of six months from the completion of construction of the sewer but in any event not later than June 1, 1953. The aforesaidrights and easements are token without interference with or prejudice to the rights of the re- spective owners, except so far as is reasonably necessary in the exercise of the rights Fnd easements hereby taken, and there ere reserved to the respective owners and their heirs, successors and assigns all their respectige rights in and to the use of their lands lying within the above described eLsements for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned; provided, however, that unless the writt n con- sent of the Town of Lexington by its Board of Selectmen is obtained, no building or structure or foundations of buildings or structures shall hereafter be erected or maintained in or upon any part of the land included within 1 321 the above described permanent easement. work and after any subsequent entry the of all surplus material fend the surface condition as at the time of entry. Any limits of the above described permanent included in the taking. It shall be the groung is cleared left in rs good trees within the easement are We award the damages sustained by the persons in their property by rLcson of the takings hereby made as follow: To Gorhamuttrick and Lrace R. Buttrick, husband and wife, aktenants by entirety, both of said Lexington, the sum of Cpl. To Eugene Commons and Agnes Mary Commons, husband and wife, both of said Lexington, the sum of 4y1. To William Lester :barnes and liertha Louise Larnes, husband and wife, as tenants by the entirety, both of said Lexington, tTie sum of 41a. - In so awarding damages we have awarded them to the supposed owners Of record of the land ,5s of the date hereof, but, if the name of the owner of any interest in saidrland 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 bettermmnts are to be assessed for the improvement for which these takings are made. WITNESS our hands in said Lexington the day and year first above written. Donald E. Nickerson Frederick M. Gay Haskell W. Reed GeorEe W. Emery William H. Driscoll Board of Selectmen 322 COMMOIW'1EA LTH OF MASSA CHUSETTS MIDDLESEX, SS. July 14, 1952 Then personally appeared Donald E. Nickerson, William H. Driscoll, George W. Emery, Frederick M. Gay and Haskell W. Heed, known to me to be the duly electedyqualified and acting Selectmen of the Town of Lexington and acknowledge the foregoing instrument to be the free act and deed of the Town of Lexington. Before me, Hazel J. Murray Notary Public My commission expires Nov. 29, 1957. I, Mary R. McDonough, duly appointed Assistant Clerk of the Town of Lexington, acting in the absen@e of the Town Clerk having been appointed, hereby certify that at the Town Meeting duly called, warned and held the 3rd day of March, 1952, in accordance with the provisions of law applicable therelnom bo.aitit-at the adliourned session thereof held on March 24, 1 52, the following vote was unanimously adopted; - "VOTED: To install a sanitary sewer or sewers to serve that part of Lexington known as "Sunnyfield" area as shown on a set of plans in the office of the 'Town Engineer, and to take by eminent domain, purchase or otherwise acquire any fee, ersement or other interest in land necessary therefor, and to appropriate the sum of 212m552.65 for such installation and land acquisition, of which 02,552.65 is to be transferred from the North Lexington Sower Account, w10,000 is to be transferred from the Emcees and Deficiency Abcount and the balance of 4200,000 is to be provided by the issue of bonds or notes of the Town; and the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of w200,000 and issue bonds or notes of the Town therefor, to be payable, in accordance with the provisions of Chapter 44 of the General Laws, within a period not exceeding thirty years." A true copy. Attest: Mary R. McDonough Assistant Town Clerk 1 SELECTMEN'S MEETING July 21, 1952 A special meeting of the held in the Sa1ettmen's Room, Monday evening, July 21, 1952 Nickerson, Messrs. Emery,, and Burns, Sup't. of Public orks and eleven other persons were at 5:25 P. M. Board of Selectmen was Town Office Building, on at 5:00 i. I.I. Chairman heed were present. Mr. the Clerk, Mr. Howard, present. Mr. Gay arrived The meeting Was held for the purpose of opening bids on Contract #4 - Roads. The bids were opened by the Chairman and read by Mr. Howard as follows Bidder George Brox, Inc. O'Malley & Delaney Cert. Total Check Bid $2,000 2,000 Cucci Const. Co. 2,000 Z & S Construction Co. 2,000 B. J. Pentabona 2,000 Susi & DeSantis Co. Inc. ( 1,000 ( 1,000 $82,728.30 134, 875.00 83„916.30 123,432.70 133,848.75 132,299.50 Upon the request of one of the individuals JIr. Howard reed the unit prices of the low bid. The Chairman explained thet the certified with the exception of the two submitted with th bids, would be returned tomorrow. The group of bidders retired at 5:30 Y.M. Letter we.s received from Miss McDonough, A Town Treasurer, advising that the opening of bi 4175,000 for the Sunnyfield Sewer 'Project will Thursday, July 24th at the Merchant's National 11:00 A..` 1. Upon motion duly made and seconded, it was grant the following licenses.. 323 Total cost of 6” Sewer services $3,325.00 3800,00 4,275.00 4,750.00 No bid 6,650.00 present, checks, e low ssistant ds for be held hank at voted to Bids on Sunnyf i e ld Borrowing 324 Lexington Amusement Co. Inc. 1794 Mass. Avenue Theatre It n n It to 11 it Sunday Movies Consideration was given to the two bids received for oil burner equipment and installation in Cary Memorial Building; one from the Arlex Oil Corporation in the amount of $4700ciand one from Lester L. Andrews in the amountoof Oil $4870. - Burner Upon motion duly made and seconded, it was voiced to award the contract to the low bidder,.Arlex Oil Corporation. It was further_voted to authorize payment of.$ professional fee,, to Meir. Lester L. Andrews for -an estimate which he made to cover this project. The meeting adjourned at 5:35 P.M. A true record, Attest:. 1 325 SELECTMEN'S MEETING July 24, 1952 A special meeting of the Board was held on Thursday, July 24, 1952 at 11:00 A.M. in the Directors' Room, Merchants National Bank in Boston for the opening of bids on borrowing $175,000 for sewer construction. The members of the Board were notified of the meeting on Monday evening, July 21st by letter from Miss McDonough, Assistant Treasurer. Chairman Nickerson, Messrs. Every, Gay and Town Counsel, Stevens, were presentMiss McDonough was also present. The bids were opened by Miss McDonough and read by Mr. Goldthwaite as follows: W.E. Hutton & Co. Lyons & Shafto, Inc. 2% 100.818 Goldman, Sachs & Co. Town, Dabney & Tyson 2% 100.799 Chace, Whiteside, Warren & Sears F. Brittain Kennedy & Co. 2% 100.409 Estabrook & Co. Lee Higginson Corp. 2.10% 100.867 Coffin & Burr, Inc. 2.10;6 100.516 Tyler & Co., Inc. 2.20% 100.899 The Rockland -Atlas National Bank 2.20% 100.279 Upon motion duly made and seconded it was voted to accept the bid of W. E. Hutton & Co. and Lyons & Shafto, Inc. at 2% - 100.818. On Wednesday evening, July 23, 1952, Messrs. Nickerson, Emery and Reed voted to have the wading pool at the Center Playground filled three times a week instead of twice. 326 SELECTMEN'S MEETING July 28, 1952 . A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, that Monday evening, July 28, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. Mr, Burns, Supt. of Public Works, and the Clerk were also present. At 7:00 P. M. hearing was declared open upon petition of the Boston Edison. Company and -the New England Telephone and Telegraph Company for approval Anchor Guys of, two guy locations on Woburn Street. Mr. Young was Woburn St. present to represent the Boston Edison Company, but no other persons attended in favor or in ppposition. Mr. Burns, Town Engineer, said that he had no objections and stated that inasmuch as Woburn Street . is a State highway he does not know.what jurisdiction the town has. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted.to approve the proposed locations and sign the order. Petition was received from the Boston Edison Pole Company and the New England Telephone and Telegraph Locations Company for location of five poles on Woburn Street. Mr. Young explained that these are existing poles and.there are no new poles.':beset.arThie is merely.procedure for the Boston Edison Company to use poles jointly with the new England Telephone and Telegraph Company. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve five j/o pole locations on Woburn Street, northwesterly side, northeasterly from a point approximately 1,015 feet northeast of Lowell Street, Mr. Young retired at 7:08 P.M. Mr. Burns had five eopies of contract for con- struction of roads for which bids were opened July Contract #1 21, 1952. He explained that Mr. Stevens, Town Counsel, Streets had prepared the contract on the basis that the Board awarded would award it to the low bidder, Brox. He stated that there was no change in the unit price or the extensions. The Chairman said that if the contract is signed, the Board will be obligating the Town to gay n re money than it has. Mr. Burns explained that it would as far as what has been allocated in the budget breakdown but not as 327 far as what has been voted by Town Meeting. He said that Mr. Stevens has checked the contract and signed it. Mr. Emery asked if the Board voted to accept Brox's bid with no further limitation on the vote, would Shade Street be included approximately as bid and the Chairman replied that it would be exactly as bid. Mr. Emery said that he thought Mr. Howard said there was 300 feet too much in there and that he and Mr. Burns were going over it again and perhaps cut it down in linear feet. Mr. Burns explained that as a bookeeping trans- action it seemed easier to leave it in, but the con- tractor knows that it.is coming out. Mr. Emery asked if it would be confusing to award the contract insofar as the streets alone are concerned and then study the drainage. . Mr. Burns replied that it would not be very good as Par as he is concerned, and that he would not want to set it up as a separate job. He said that he would not know how to go about getting it done as he just can't do it himself. Mr. EMery asked if he could set up an arbitrary amount. Mr. Burns replied in the affirmative and said. that he could work ap that far. Mr. gmery asked how it could be embodied in a vote and the chairman explained that it could be made con- teingent in the vote that for this particular itezg, on the Shade Street drainage, no more than a certain sum should be spent; the sum to be left at the discretion of the Superintendent of Public Works. Mr. Emery asked if the contract as written it broad enough to do this and' Mr. Burns replied in the affirm- ative, stating that he could leave an entire street out if he wanted to. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was unanimously voted tosaward Contract #4 - Street, Drain and Sewer Work to the low bidder, George Brox, Inc., Contract with the limitation that the Board is including de #4 Street up to an amount not exceeding 4114,500, a portion, awarded or nothing. The Chairman informed the board that Mr. Raymond Reed had made an appointment for this evening to.discuss further the water situation in the Fair Oaks area. The ,Chairman called him and was advised that he wanted the Board to get this matter ready for the Fall Town Meeting. The Chairman reported that he told Mr. Reed he did not think the Board could surround the overall problem in a satisfactory manner to present at a Fall Town Meeting. 328 He also advised him that Mr. Burns was at the moment ,Fair Oaks discussing material which he developed but that.it was Water a large proposition and the Board would not want to get into it too hurriedly. He told Mr. Reed that the Board would give the-aubjeet consideration before working on the annual budgets, possibly as early as October lst. Mr. Reed said that it would be all right with him personally and he thought it would be with the group. The Board unanimously approved the Chairman's action. The Chairman.read a letter from Dudley A. Davies, 4 Hayward Avenue, Lexington, requesting the -extension of a water main to service his house. He is now using a well and there is the constant fear that it-may.go dry Request or become contaminated. for water Mr. Burns explained the situation by use of the wall map and said that it involves approximately $2,000. It was unanimously agreed to place it on the list for consideration La the.1953 budget. The Chairman read a letter from Mrs. Kenneth Covey, 17 Patterson Road, requesting "Go Slow - Children! signs to be placed on the Wood Street at Wildwood Road.and Holton Go Slow- Road. Children Upon motion of Mr. EMery, seconded by Mr. Driscoll, Signs it was voted to grant the request and instruct Mr. Burns to have the signs painted on Wood Street. The Chairman read a letter from Theodore E. Andrews, 134 Lincoln Street, stating that he desired to purchase 125 or 135 feet of frontage onlLincoln Street from Thomas Napoli$ He inquired as to whether or not he could pay the water bettermentassessment on the parcel he proposed to Napoli's purchase and whether or not it would affect the deferment Deferred on the balance of Napoli's land. Betterment Mr. finery moved that.Mr. Andrews be allowed to pay the portion of the betterment assessment on the land that he intends to purchase from Mr. Napoli providing Town Counsel advises the Board that it can be done without .affecting the balance of the deferred assessment on the remaining Napole land. Mr. Driscoll seconded the motion, and it was so voted. Mr. Burns left the meeting at 8:00 P. M. and Chief John W. Rycroft met with the Board. The Chairman asked if he had been able to find out anything about the defacement of the Statue and the Chief replied in the negative and said that'he has a number of leads but it takes just so much time to work each one out. The Chairman informed him that the "oard is very much .disturbed and feels this to be very serious. He said that it looks bad for the police force and that the Board doesn't like it. 1 329 The Chief said that the first knowledge the Department had of this was when the Officer Went by at 7:30 A. M. He explained that the Officer at the center did not notice it and he was at the upper end of the Center, checking the Central Block, at 6:30 A.M. The cruiser came down shortly after Defacement day break, but it came down Bedford Street and the of Statue Officers did not notice it. The Chairman asked the Chief how serious he thought this was and what his reaction to it is. The Chief said that if the person or persons responsible could have been caught, he certainly wanted to catch them and that he is very much upset about it. He said that. he does not like it or want anyohe to get the impression that theyoan get away with it. Mr. Driscoll said that it is a serious reflection on the Police Department and asked who is on nights. The Chief replied that Russell and Costello are in the car and Baylis is in the Center. They come on at midnight. Mr. Driscoll asked how king the Officers are on for nights and the Chief replied that he has shirts, but some of the men prefer bight duty. The Chairman said that the Board sincerely hopes the Chief will concentrate on this until he has the answer to it. Chief Rycroft retired at 8:25 P. M. The Chairman asked if the Board thought tIis matter was serious enough to condider offering an award. Mr. Reed said that he would like to see a report on it. - . The Chairman agreed to follow this through with the Chief daily and if he has no information by Thursday night, the Chairman will request him to have his secretary type up five copies of the report for the members of the Board, together with information as to who is on nights, what the shifts are, and the hours. The Chairman read a memorandum from Mr. Stevens, Town Counsel, reporting the results of a conference held on June 16, 1952, with Messrs. Nickerson, Worthen and Viano Burns in regard to Round Brook (Viano drainage, Bedford Drainage - Street). Bedford Street Mr. Burns' presented a large survey which he had made showing the whole picture, in -general going along with the information submitted by Mr. Stevens. He explained that the possible solution will cost approximately 420,000. Mr. Burns was requested to discuss the information he has prepared with Mr. Stevens and the Board will decide 330 at the next meeting whether to go on from here and make recommendations at the next Town Meeting or to confer with Town Counsel and determine whether the matter can be pursued by some future Board when the need bedomes more pressing. Mr. Emery said that he would not be in favor of doing this drainage woek merely to bring in increased taxes to the town because he believed it would be'es- tablishing a precedent. He said that if Town 1ounsel says that, in his opinion, the town's position in not spending any particulat amount of money could be -defended legally, he would lean that way. He said that he is not interested in draining this property unless Town Counsel feels that it has to be done legally. Further consideration was given to Mr. Joseph Moo. Tax Title Donald's offer for lots 463 throught466 Banks Avenue. Property Mr, Burns called the Board's attention to the fact that there is a dvainage-problem involved and recom- mended.retaining the land. Upon motion duly made and seconded, it was voted not to dispose of lots 463 through 466 Banks Avenue. Mr. Cunha's offer of 450 for Lot 4, Block 95, Reed Street was held over. Letter was received from George Boring, 35 Ashland Street, Arlington, offering 4300 for lots 534 and 535 Butler Avenue. Tax Title The Chairman explained that these lots are parallel Property to tge lots on Banks Avenue and are very rooky. He agreed to investigate and try to find out whether or not Mr, Noring is a building contractor{. the Board to give the offer further consideration at the next meeting. Mr. Dattoli's offer of $75 each for lots 63, 64 and 66 Rawson Avenue, was held over pending investigation and report by Messrs. Gay and Reed. Further consideration was given to Mr. Russell Kettell's letter of Julyll, 1952, in which he applied for -water service for his proposed house on land running through Pelham Road and Bennington Road. Upon motion of Mr. Driscoll, seconded by Mr, Gay, it was voted to authorize the Supt. of Public Works to make the necessary connection for a water service to supply Mr. Kettell's house. Kettell Hater Serwaya 1 331 Further' consideration was given to Mrs. Mayard's request to have a tree removed from in front of her property at 2380 Massachusetts Avenue. The Chairman reported that Mr. Garrity informed him this is an ash tree, not in very good condition, and he recommended Tree its removal. Removal Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to instruct Mr. Garrity to post thy tree for removal. The Chairman read a letter from Mr. Garrity advising that he posted the oak tree at 11 Walnut Street for removal and there was no one present at Tree the hearing. He said that he'would wait for the Removal Board's decision as to the removal of the tree. Upon motion duly made and seconded it was voted to instruct Mr. Garrity to have the tree removed. The Chairman read a letter from Mrs. Rich, Secretary of the Board of Retirement, advising that it will be necessary to held an election to, replace Mr. Alexis R. Shea who has resigned as of August 1, 1952. Board of The Clerk was instructed to request Mrs. Rich Retirement to follow the procedure of previous elections and to make whatever arrangements are necessary for the election of a new member of the Board of Retirement. Mr. Driscoll reported favorably on Morton and Diane Margolis, 22 Sherburne Road, who have applied for a certificate of incorporation. Upon motion of Mr. Reed, seconded by Mr. Driscoll, it was voted to approve the application, The Chairman reported favorably on Mrs. Florence Bruce, 126 North Street, who has applied for a certi- ficate of incorporation. Upon motion of Mr. Finery, seconded by Mr. Gay, it was voted to sign the application. Application was received on behalf of John P. Doyle, 500 Marrett Road whoi,has applied for a certificate of incorporation. Satisfactory character report was re- Cert. of ceived from the Chief of Police. Incorp. Upon motion of Mr. Gay, seconded .by Mr. Reed, it was voted to approve the application. Application was received on behalf of Paul A. White, 12 Cedar Street, who has applied. for a certificate of incorporation. Satisfactory character report was re- ceived from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the application. Cert. of Incorp. Cert. of Incorp. Cert. of Incorp. 332 Loud Speakers Letter.was received from Chief Rycroft in regard to purchasing two loud speakers, to be used at this particular time for the purpose of notifying the residents of the Town of the low pressure in the water system. The Chairman reported that he had polled three Members of the Board and informed Mr. Bateman Chair man of the Appropriation Committee, that the Board would be requesting a transfer from the Resettve Fund to pay for the loud speakers. Upon motion of Mr. Driscoll, seconded by Mr. Gay,. it was voted to request the Appropriation Committee to transfer the sum of #380 from the -Reserve Fund to pay for two loud speakers, purchased because of the definite emergency created by low water pressure. - Letter was received from the Chief of Police requesting appointment of .Stanley Eilenberg, 34 Cotton Street, Newton, and Warren P. Skilton, 68 Austin Street, Newtonville, as Special Police Officers. Both individuals are connected Special with the operation of the theatre and have been checked Police through the Board of Probation. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to appoint Stanley Eilenberg and Warren P. Skilton as Special Police Officers in the £own of Lexington for terms expiring March 31, 1952. Letter was received from the Hoard of Assessors ad- vising that files will be maintained for each betterment assessment extended under Chapter -159 and the accounts De'erred will be checked in July and January of each year. Assessment. The question was raised as to what Department would send the bill when the full amount of the betterment becomes due. The Chairman agreed to check this with Town Counsel. Reg. of Voters Sign Youth Stuff Comtsjttee Letter was received from Mrs. Henry E. Gamester, League of Women Voters, requesting permission to erect a sign, concerning registration of voters, to"be placed in front of the Town Office Building for display August 1st to 15th and upon re -opening of registration in September. The Board had no objection providing the Board of Registrars approve. Letter was received from Mrs. James F. Flynn, tary of the Youth Study Commission requesting an priation of 6100 for postage, stationery, pencils, and sundry items. The Commission also requested of a vacant room in the Barnes Building. The Board was not in favor of granting either as the group was.appointed by Town Meeting to make and report at the next Annual Town Meeting. Secre- appro- paper the use request a study ,. do 1 1 333 Letter was received from the Board of Health requesting a transfer of $42.08 from the Reserve Fund to the Dog Clinic Account. Upon motion of Mr. Emery, seconded by Mr. Gay, it was Transfer voted to request the Appropriation Counittee to transfer the sum of $42.08 from the Reserve Fund to the Dog Clinic Account. Upon motion of Mr. Driscoll, seconded by Mr. Gay it was voted to sign the Sunday Movies Licence for the Lexington Amusement Company. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign died, prepared by To Counsel, conveying Lot 13 Smyth Street, Lexington, to Robert W. Swanson and Patricia A. Swanson, 38 Chables StreeV, Lexington. The meeting adjourned at 10:10 P.M. A true record, Attest: The next regular meeting of the Board of Selectmen will be held on Monday evening, August 11, 1952, at 7:00 P.M. License Deed 334 SELECTMEN'S MEETING August 11, 1952 A regular meeting of the Board of Selectmen. was held in the Selectmen's Room on Monday evening, August.11, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery and Reed 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 for the location of conduits.and manholes on Massachusetts Avenue from Clark to Grant Streets. Mr. Mahon representing the Boston Edison Company, and Mr. Jasper Lane were present. Edison Mr. Mahon explained that this request was made Conduit to improve operating conditions in the northern Location portion of Lexington, and Mr. Burns approved the installation. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to approve the location as follows: Massachusetts Avenue, from Clark Street to Grant Street, a distance of approx- imately 1,390 feet. At 7:05 P. M. heating was declared open upon the petition of the Boston Edison Company for the location of conduits and.manholes on Waltham Street from Marrett Road -to Forest Street. Mr. Mahon explained that this was another line being put in approximately the same location as Edison the present lines. Mr. Burns approved the in - Conduit stallation and Mr. Lane said he had no objection. Location Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to approve the location as follows: Waltham Street, from Marrett Road to Forest Street, a distance of approx- imately 3,860 feet. Mr. Mahon and Mr. Lane retired at 7:10 P. M. 15+ 1 335 Upon motion of Mr. Emery, seconded by Mr. Reed it was voted that items #5, 6, 7, 8, 9, 15, 17, and 18 appearing on the agenda be re- ferred to the Chairman to bis answered.. The action taken on these items is reported at the end of this record. Mr. Burn's presented a plan to the Board showing the land owned by Dennis Carroll and the easement crossing this land at the present time, Mr. Carroll is selling some of the land and at present is putting it through land couabt. In order to get room to build a house and straighten" it out in land court, Mr. Carroll, through his attorney, Mr. Frank Burke, has akked the town for Dennis a release from the present easement and the es- Carroll tablishment of a new one. Mr. Burns said that there Easement is no question that the drain will have to be moved but he cannot do it right away. Mrs. Roby, a relative of Mr. Carroll, differs with him on this easement and without permission to go across her land mothing can be done at this time. Mr. Burns said that he had been working on it for some time but does not know when he can occupy it and cannot be forced to move in right now. He said the house had not been started and that it was all land court now. At 7:20.•P. M. Mr. Frank Burke, Mr. Dennis Carroll and Mr. Lee Tarbox met with the Board. Mr. Burke presented the question of moving the . easement and said that he had been held up tem- porarily until he could straighten this out. Mr. Burns showed the sketch he had made to Messrs. Burke and Tarbox which explained the present and proposed easement. He explained that it would go on the back land and on land owned by Mrs. Roby. Mrs. Roby does not approve of the idea which will make it rather difficult. Mr. Nickerson explained that the Board has no objection to the relocation on the back land but. as far as the neighbor is concerned, that is a matter of policy. Mr.Burke said that he felt he understood the situation and that there was .a family dif- ficulty which would have to be taken care of. Mr. Burns explained that if Mrs. Roby agreed to this proposed plan he would want an easement from her. 336 Messrs. Burke, Carroll.and Tarbox retired at 7:30 P. M. . Mr. Nickerson explained that the Board was in receipt of Mr..Johnson's request to sign a release from a water betterment assessment on Grove Street so that the Johnson's might receive their money from the State. He said that the Board was perfectly willing to go along with this idea but that the Selectmen. thought there was some clarification needed in the over-all picture. He explained that in 1947 a betterment assessment:was put on the land in the amount of is At that time Mr. Johnson felt that 140 feet of it was not bettered and evidently the Board felt there was some Notification for this and they deferred the 140 feet. There- upon payments were made by the.Johnsons on the balance of 4361.00 over a ten year period. Through some .Mscarriage of information here in the Town Offices nothing was ever sent.to the Johnsons re the 4140.00 which was deferred. The only .way .it could be deferred at that time was with a 4% interest charge per annum and Mr. Johnson should have been billed for that 4% interest each year. Mr. Johnson said that he was under the impression he had paid the interest for a year or two but Mr. Stevens explained that the records did not show this and he thought Mr. Johnson was referring to the interest computed on the 4361.00. He explained that the land was of no use to him and could not be built upon because of the brook running directly through the land. If he paid the interest yearly exentullly he would have paid the total amount of the betterment in interest. Mr. Emery asked if the brook goes right through the 140 feet and if the far end of the 140 feet from Johnson's house abuts Route 128 or other land owned by him. Mr. Johnson replied- that there was a small triangular piece of land there which did not belong to. him but which he was trying to purchase. He thought it be1Qnged to Baskin. He said it measured about 30 feet. Mr. Emery asked how much frontage there would be on trove Street and Mr. Johnson aaid it would be on Robinson Road, not Grove Street. Mr. Emery asked if that would still be adjacent to his property and Mr. Johnson replied in the affirmative. 1 337 Mr. Emery asked about the frontage and Mr. Johnson said there would be about 30 feet. Mr. Emery asked if that 30 feet.plus the land on the other side of the brook would be enough to build on. Mr. Johnson replied that there wouldn'trbe much there, a few feet if any, and that furthermore, he did not want to build and felt very strongly about retaining the open land. The Chairman explained that similar situations are continually arising. Somebody comes in and asks for a deferment or abatement and their first statement is always that the land connot be built upon. Almost as soon as the deferment or abate- ment has been granted it is found that somebody is:digging a foundation. Mr. Johnson said that it would not be possible to build on this as in the spring and fall there is a very large stream running through there and one would Dave to build with water running under the house. The Chairman explained that the Board just wanted Mr. Johnson to be aware of the situation asrit is.understood by them and assured him that thre release would be signed. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to sign the partial r elegise of water betterment assessment on property owned by Ruth C. Johnson on Grove Street. Mr. Jo$r*son retired from the meeting at 7:45 P. M. The Chairman asked if under these circumstances it would be wise for the hoard to defer the better- ment on the 140 feet•under the new Act without interest. Mr. Eanery replied that if it is as Mr. Johnson says he thought it would be a case for an absolute abatement. The Chairman felt that when the Board voted four years ago to defer rather than to abate they must have had a sound reason for doing so. Mr. Stevens said that the minutes of the meeting at that time do not have the vote as passed and for that reason he thought there was a question as to whether or not it was meant to "abate" or "defer". Mr. Nickerson said that he would rather see it deferred. Mr. Stevens explained that it had never been entered on the books as deferred and, therefore, 338 there would be no interest to Coate at this time; the vote for defermeht Mader the new Act could be passed at this time. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to extend the time for payment of water betterment assessment -of $140.00 without interest, 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 #acilities of the water main are used for said land or any part thereof. Mr. Nickerson read a copy of a letter which Mr. Lindstrom had sent to Mr. Stevens, Town Counsel, as a result of a petition received from residents living in the vicinity of 855 Massachusetts Avenue, Fitzgerald concerning the use of a barn for storage of automo- Zoning biles by William P. Fitzgerald which appears to be Violation in violation of the Zoning By -Laws. It was the opinion of the Board that this was a matter for Town Counsel acid that the letter was sent to the Board in order to keep them informed of the situation. A letter was read from the Emergency Housing Commission re the cede of H. Irving Currier vs the Town of Lexington stating that the Board had reversed the decision of the Board of Appeals of Emergency Lexington. Housing The Chairman explained that the Town Counsel Dbcision wished to spend some time on this and upon motion - Ourrier of Mr. Emery, seconded -by Mr. Reed, it was voted to leave this with Town Counsel for further study. Mr. Emery requested that it be recorded that he had received complaints from neighbors in Garbage Somerset Road that the garbage was being collected Complaint too early in the morning and that the men were extremely noisy. Board of Retirement Selectmen's Ass'n. A letter was received from the Board of Retirement stating that Arthur Silva had been elected as the employee's representative on the Board of Retirement to fill the vacancy caused by the resignation of Alexis R. Shea. A notice was received from the Berkshire County Selectmen's Association to make reserv- ations for the annual meeting on September 18, 19 and 20. A letter was read from Chief John W. Rycroft requesting the appointment of Special Police for the,M. I. T. Lincoln Project on Wood Street. Upon motion of Mr. Reed, seconded by Mr. Emery it was voted to appoint the following.as Special Police in the Town of Lexington for a term expiring March 31, 1953: George Richardson Ivers J. Rutherford Edward J. Boulden Edward T. Gallagher Carl H. Isaacson .Bertram F. Jackson Francis L. Mowers Upon motion of Mr. Reed, seconded by Mr. Emery, it was voted to approve the following licenses: Licenses 'Lexington Amusement Co. Inc. Sunday movies Frederic R. Childs 2nd Class Agents License A letter was read from Joseph Dattilo, 101 Cliffe Avenue, offering $75 each for lots 63, 64 and 66 on Rawson Avenue. It was the opinion of the Board that Tax title they did not wish to dispose of these lots unless lot property 65 was included inasmuch as this was the lot that carried the betterments. 339 Appoint Special Police Offer from George Noring for lots 534 and 535 Butler Avenue were held over until the next meeting. Tax title Mr. Nickerson agreed to contact Mr. Noring about property this purchase. Mr. Cunha's offer for Lot 4, Reed Street, was Tax title held over for the next meeting. property Upon motion of Mr. Reed, seconded by Mr. Emery, it was voted to grant the use of Estabrook Hall Use of on Tuesday September 9, 1952, to the Lexington hall Field and Garden Club from 7:30 to 10:00 P. M. Letter was read from Mrs. ?ohr Roxburgh, re- questing that trees be placed on Wilson Road, In- asmuch as there are no funds available for this year the Chairman was authorized to advise Mrs. Roxburgh that her request would be contiidered in the'budget for 1953. A letter was received from William Roger Greenley complaining about the smoke from the dump in the evening hours. The Chairman was authorized to write Mr. Greenley that samples of two trees in. front of Mr. Boyers house and a Mr. Whalen's house had Shade Trees 340 been sent to the Mass. State College. Two of the trees are not infected but the one on the line of Shade Trees Mr. Boyer's house and the Hancock Church has Dutch Elm disease.and will be removed at the earliest opportunity. Upon motion of Mrs Leery, seconded by Mr. Reed, Sign Deed it was voted to sign the deed conveying lots 158 to 162, inclusive, on Hayward Avenue, to George W. Breslin and Margaret A. Breslin A letter was received from Marian D. Lewis complaining about the situation existing on her Complaint property due to drainage wouk done by a contractor. The Chattman wrote a letter to Mrs. Lewis advising her that this would be taken care of as soon as possible. A letter was received from Stephen B. Smith Water 54 Lewis Avenue, Arlington, requesting water for Request a house he intends to build on Philemon Street. No action was taken by the Board but Mr. Burns is to report totthe Chairman on this item. A letter was received from the Board of Assessors re betterments extended under Chapter 159 of the Acts of 1950. A letter was written by t$e Chairman to Mr. Cronin, Klerk of the .Board of Assessors, advising him that it was the joint opinion of the Chairman Deferred and the Town Counsel that the Assessors' Office would Assessments advise the Seledtmen whenever they find that land upon which a betterment has been assessed and deferred is being sold. The Board of Selectmen will then determine whether or not the betterment shall be demanded for the whole tract., A letter was received from the $tate Department of Public Works re work on the Kiln Brook. The Chattman wrote a letter advising the Department.that we had not been able to make Kiln any headway with Mr. Kehoe of Portland, Maine, Brook in regard to obtaining an easement through his property, and that until such time as satisfactory arrangements could be made with him we could not give the necessary easement to the State. A letter was received from Metropolitan District Commission enclosing standard invoice covering the purchase of town sewer extending Purchase from the Arlington -Lexington line to a point of Sewer approximately 1,172 feet in Lexington and con - by M. D. C. strutted by the Town of Lexington in 1948. The Chairman was authorized to sign and return the invoice. 1 No action was taken on letter received from the State Mousing Board re Veterans' Housing Act, Chapter 550 of the Acts of 1952. A letter was received from John J. Shaughnessy of Woburn requesting permission to move a dwelling house from 54 Bedford Street, Lexington, to Lot 79 Reed Street on or about August 18, 1952. A bond Permit for $1,000 was also enclosed The Chtirman wrote a letter to Mr. Shaughnessy granting this permission subject to his contacting the Chief of Police and also the Park Department. The Board was in receipt of a letter from James J. Carroll, Town Treasurer, advising them . that the tot&l amount of interest received on the purchase of V300,000. U. S. Treasury bonds was 7,988.64. A rather extended but informal discussion on Viano drainage, of which no record was made, followed Viano the regular meeting. Drainage the regular meeting adjourned at 8:15 P. M. 341 Vet's Housing Bond Interest A ting Clerk, Selectmen 342 OPENING OF BIDS August 18, 1952 STREET AND DRAIN WORK CONTRACT NO. % Bids were opened in the Selectmen's Room, Town Office Building on Monday evening, August 18, 1952 at 5:00 P. M. for street and drain work, Contract No. 5. Mr. Emery, representing the Board of Selectmen, Mr. Burns, Supt of Public Works, Mr. Howard, of Whitman & Howard, Engineers, and six other individuals were present. The bids were opened by Mr. Burns and read by Mr. Howard. Contractor Certified Check Total Bid O'Malley & Delaney $1,000 $37,400.00 George Brox, Inc.1,000 27,590.00 John P. Condon Corp. 1,000 32,710.00 (Cashier's check) James A. Susi 1,000 44,262.50 Allstate Construction, Inc. 1,000 34,790.00 B. F. Quimby & Son 1,000 35,385.00 H. H. Maguire & Co. Inc. 1,000 28,680.00 Mr. Burns explained to the bidders that the checks would be retained until tomorrow when all but those sub- mitted with the three low bids would be neturned. The meeting adjourned at 5:14 P.M. A true record, Attest: Cle , lectMen. 1 343 SELECTMEN'S MEETING August 25, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's -Room; Town Office building, on Monday evening, August 25, 1952'at 7:00 P.M. Chairman Nickerson, Messre. Emery, Gay and Driscoll were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors for a Jury Pool. Mr. Emil J', Vadeboncoeur, 35 Brandon Street Jurors and Mr. Adam S. Wood, 126 Cedar Street were drawn. Mr. Carroll retired and Mr. Burns, Sup't of Public Works, met with the Board. Hearing was declared open upon petition of the Town of Lexington for permission to maintain one underground tank for the storage of fuel oil at 1625 Massachusetts Avenue. Notice of the hearing was read by the Chairman, but no persons were present in favor or in op- position. Fuel Oil - Upon motion of Mr. Driscoll, seconded by Mr. permit Gay, it was.voted to grant a license to the Town of Lexington to maintain one underground tank for the storage of fuel oil on premises located at 1625 Massachusetts Avenue. Mr. Burns reported an accident which occurred last Friday invtiving a Town truck, operated by Mr. Wallace Weisinger. Mr. Weisinger was proceeding down Simonds Road and struck the right front fender of a car coming out of Harding Road. Two estimatBs for the cost of repairs were received; one for $129 and one for $90. Mr. F. K. Johnson submitted the figure of w90. M r. Burns said that there is no question in his mind but that the Town is at fault: Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to authorize the Superintendent of Public Works to pay for the damages, subject t� bis ob- taining a release from any and all future claims, in the amount of $90; this sum to be paid from the Highway Maintenance Account. The Subject of betterment assessments to be levied, resulting from construction of streets - last year, was discussed and in following the same M4 Street ,Betterment Assessments determined Mr. Mayon to rep. Town on easements 1Winter's req. for water Holloway's req. for water & sewer formula used in previous years the figure arrived at was $5.67 per foot for each side roadway excavation and 50% of the drainage divided by twice the length, including loaming and seeding. Mr. Burns explained that the lien was put on at 47.50. Upon motion of Mr. Emery, seconded by Mr. Gay, it was unaninously voted to establish the figure of $5.67 per foot for each side as the betterment assessment to 12e levied on the following streets; Cary Avenue, Woodland Road and Aerial Street. The Chairman explained to the Board that Mr. Burns had called and stated that, if the Board' would agree, he would lilte to employ Mr. Mayon, - Boston Edison Representative, to contact in- dividuals from whom the -Town is trying to obtain easements. Mr. Mayon is willing to do thisand his charge will not exceed $100 with the possibility of being not more than $75. The Chairman said that he had called Mr. Emery on the matter, but was unable to contact the other members of the Board as they were on vacation. The Board was unanimously in favor of authorizing Mr. Burns to employ Mr. Mayon as out- lined by the Chairman. The Chairman read a letter from John A. Winter, 125 Alewife Brook Parkway, West Somerville, in regards to obtaining water for a house he is building on Norton Road. Mr. Burns explained this request involves more than just an extension of a water main. The line•runs in back of Norton Road and used to run to the peat factory. The pipe is located in land owned by the Town of Arlington and to give TMMr. Winter anything at all, Lexington would have to obtain permission from Arlington. He stated that if permission is obtained, thismillbe•a service. Mr. Burns was instructed to advise Mr. Winter that negotiations with Arlington will be started and if successful, Lexington will give him water service when his turn arrives on the list. The Chairman read a letter from John C. Holloway, 33 Reading Hill Avenue, Melrose, re- questing the extension of both water and sewer mains to service a house he intends to build on lots 255, 256, and 257 Chase Avenue. Mr. Burns said that he recalled a similar request, received about two years ago, upon which the Board did not take favorable action. The Clerk was instructed to check this and it was left to the discretion of the Chairman. 1 345 Letter from Stephen B. Smith, 54 Louis Avenue, Arlington, requesting water to service a house he is building on Philemon Street. -The letter stated that Arlington town water is just around the corner and he Smith's wanted Lexington to make the extension. req. for The Chairman was authorized to advise Mr. Smith water that Lexington cannot aalve his problem by working with Arlington, aid furthermore there are no funds vailable to make an extension. Petition, signed by eleven residents of Bridge treet, was received requesting the acceptance of the Bridge treet. Mr. Burns agreed to have assesment sheets Street repared and sent out for signatures to b e returned of later than October 15th. Upon motion of Mr. Driscoll, seconded by Mr. Gay, t was voted to insert a notice in the Lexington nute-Man advising the citizens of the town that equests for=water and sewer extensions, drainage, idewalks, curbings and acceptance of streets will be equired to be in the hands of the Selectmen on or efore October 15, 1952 in order to receive con- ideration for the 1953 Annual Town Meeting, Letter was received from the First Naval District tating that it is proposed to provide water supply or an industrial facility in Bedford by constructing pipe line connection to the water main through which he U. S. Veterans Hospital is supplied from the water ystem of the Town of Lexington. The District Officer equested that the Town of Lexington indicate by etter that it has no objection to the Navy's obtaining ater through a connection with the water main by which he hospital. obtains its water supply. Mr. Burns said that he does not see where Lexington as any authority to tell one agency what it can orGcan't o and questioned the town', right to authorize tapping nto a private line owned by someone else. The Chairman was authorized to advise the First val District that the Town of Lexington has no urisdiction over the pipe as it does not own it. The Clerk informed the Board that a gentleman, epresenting Mra. Florence Russell, 7 Oak Street, ailed at the office in regard to a 00 water better- ent assessment levied against her property. Mr. tevens advised the Board not to take any action until e water betterment assessment levied against land wned by West and located on Oak Street is settled. Navy ret. 'for water Russell water betterment 346 Petition was received,. signed by 11 residents, complaining about trash, debris and parking on Complaint Pleasant Street. Brox. Contract Hoxie Retirement The Chairman was authorized to r efer the matter to the Police Department for correction and report of progress. Mr. Viano's letter. of May 7, 1952 re drainage problem on Bedford Street was placed on the agenda, but no action taken. Mr. Leeland MMConchie's offer of $400 for ,lots 527-533 inclusive, located at the corner of Asbury and Balfour Streets, was held over. The Board instructed Mr. Burns to contact Mr. McConchie and ask him for a concrete case of what he intends to do with the lots. Contract No. 5 between the Town of Lexington and George Brox, Inc. for street and drain work was pre- sented by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was vo4ed to sign the contract, awarding the work to George Brox, Inc., the low bidder, for street and drain work, Contract No. 5. All copies were t aken b y Town Counsel. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign a contract between the Town of Lexington and Whitman.& Howard, Engineers, for en- gineering services in connection with Contract No. 5. Mr. Burns retired at 8:40 P.M. Letter was received from the Board of Fire Engineers, enclosing communication from Frederic A. Hoxie requesting retirement. Mr. Stevens retired at 8:55 P.M. Application for certificate of incorporation was received on behalf of James G. Denman, 25 Woodcliffe Road. .Letter was received from the Chief of Police Cert. of advising that an investigation had been made and Mr. Inc. Denman was found to be of good character and re- putation. The Board of Probation had been contacted and shown that he has no criminal record. The Chairman agreed to contact Mr. Robert Aiken, of the Woodhaven Associates for further character reference. Further consideration kas given to Mr. James Harrison's offer of $100 each for Lots 20 and 22 Rangeway, water betterments to be included in purchase price. The Board had advised Mr. Harrison on March 21, 1951 that it would entertain an offer of $500 for both lots. The Chairman was authorized to advise Mr. Harrison that the Board is not interested in any price less than that previously entertained. Letter was received from Mrs. Rich, Town Accountant, advising that the April 19th Committee has presented more bills for payment, totalling $80,20. There is now less than $50 in the Leroy S. Brown Income Fund from which a transfer has already been made to cover bills incurred by the Committee in excess of the appropriation of $1,000. . The Board was unanimously in favor of holding these bills over until the 1953 Town Meeting at which time an appropriation will be requested. Letter was received from Mr. Robert E. Ross, 103 School Street in which he referred to conduct of Officer Mowat and Sergeant Russell. A special meeting of the Board is to be held on Wednesday, August 27th at 7:30 P.M. to discuss the matter with Chief Rycroft and Sergeant Russell; Officer Mowat out on vacation. Letter was received from Henrietta W. Bennett, 154 Bedford Street, requesting permission, on behalf of the Ladies Auxiliary, V.F.W., to conduct a rummage sale at the, Barnes property on Saturday, September 20th. Upon motion duly made and seconded, it was voted to grant the request. Letter was received from Mae McCauley, 75 Spring Street, requesting permission, on behalf of the 4-H group, to conduct a rummage sale at the Barnes pro- perty oh Saturday, September 27th. Upon motion duly made and seconded, it was voted to grant the request. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the following uses of halls; American Legion A. L. Auxiliary Lex. Police Relief Asscn Lex. Choral Society Estahrook Conf. Room Cary Cary Sept. 10 free Sept. 15 free Oct. 17 $35 Dec. 14 free Application was also received from the Lexington Choral Society requesting permission to conduct a concert in Cary Hall on the evening of April 26, 1953. The Lexington Arts and Crafts Society had pre- viously applied for the same date and were advised that the Board does not desire to make commitments so far in advance and it was suggested that the group re -apply some tine after t he f irst of January, 1952. The Clerk was instructed to so advise the Lexing- ton Choral Society. 347 Tax Title Unpaid bilis Complaint re Police Officers Rummage Sale Use of Barnes property Uses of hall 348 Deed Upon motion of Mr. Gay seconded by Mr. Driscoll, it was voted to grant the following licenses: Lexiniton Amusement Co. 1794 Mass. Avenue Theatre n " o n to Sunday Movies Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to sign deed, prepared by Town Counsel, conveying Lot 28, Rangeway Road to Anne M. and Robert A. Butler, 21 Burlington Street, Woburn. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted tolign the Warrant for the State Primary to be held on September 16, 1952. The meeting adjourned at 10:00 P.M. A true record, Attest: The nextlrggulnr meeting of the Board will be held on Monday evening, September 8, 1952 at 7:00 P.M. The Board met on Wednesday evening at 7:30 P.M. with Chief Rycroft and Sergeant Russell at which t ime a letter received from Robert E. Ross, 103 Sehool Street was discussed at length. Officer Mowat will be reques- ted to meet with the Board on the same subject upon his return from vacation. 1 1 349 S1 LRCTMENS MEETING September 8, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 8, 1952, at 7;00 P.. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. Mr. Burns, Supt. of Public Works, and the Clk were present. Mr. Driscoll acted as Chairman for the f irst two hearings during which time Mr. Nickerson was out of the meeting. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate one pole on Highland Avenue. Mr. Mahon, representing the Boston Edison Pole Company, was the only person present at the location hearing. He explained that this is a j/o pole. The Telephone Company has rather a heavy line there and has asked the Boston Edison Company to join them. Mr. Burns ex- pressed his approval of the proposed loca- tion. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the following j/o pole location.: Highland Avenue, westerly side, approxi- -mately 245 feet northwest of Washington Street, one (1) pole. Hearing was declared open upon petition of the New England Telephone & Telegraph Company for permission to ahandon seven poles and also to locate seven poles on the Cambridge -Concord Turnpike. Letter was received from the petitioner explaining that these locations were formerly grantOd on August 6, 1951, but the grant does not satisfactorily cover the locations due to an incorrect north point. This hearing is to correct the discrepancy by superseding the present grant. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the petition and sign an order for the following: 350 Roof for P. W. Building Bedford Sewer System Gleason Road Sewer CaMbridge-Concord Turnpike (State Highway) from approximately 576 feet southeasterly from Weston Street, southeasterly seven (7) poles. Seven existing poles to be abandoned. (Supersedes Order adopted 8/6/51, Book 31, Page 29) ' Mr. Burns reported that he had received two roofing bids for work on the Public ' Works Building and explained that last January he had an estimate of *7,625 for budget purposes, plus $225 for bond, if desired. The two bids were as follows: Paul H. Dutelle & Co., Inc. $7,382, plus $225; Atlantic Roofing and Skylight Works, $6,987, 20 year bond, no charge. • Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to award the contract' to the low bidder. The Chairman read a letter from the Bedford Board of Selectmen reporting progress in regard to the construction of its sewerage system. The Town of Bedford would like to connect with Lexington's system, and is borrowing $270,000 which will be available for use about September 15, 1952. Mr. Emery asked if Mr. Burns wanted to take the sewage from Bedford before the low level sewer is completed and Mr: Burns said that the reason Bedford is pushing the project now is f or use by Raytheon and not for the Town of Bedford. Raytheon is attempting to make an agreement with Bedford that they will have access to the sewer- age system some time after the first of t he year in return for $25,000. He said, in reference to preparing the project and having it ready for Town Meeting, there is no problem. The Board was in favor of inserting an article in the warrant for this Fall's Town Meeting requesting funds to take care of this project, possibly taking the money from E & D and collecting from Bedford when thecconnection is made. Letter was received from Robert H. Packard, 14 Gleason Road, together with petition request- ing installation of a sanitary sewer and storm drain in the southern (unaccepted) end of Gleason Road. Mr. Burns said that,if drainage were put in, it would be in connection with the street and not the sewer. It was agreed to file the petition for con- sideration when the 1953 budgets are discussed. 351 Further consideration was given to Mr. Leeland McConchiets offer of $400 for nine lots on on Asbury Street and Balfour Street. The Chair- man reported that Mr. Burns had contacted Mr. McConchie and was told that he intends to Tax Title build two houses on these lots which comprise' about 22,000 feet of land. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to entertain an offer of $2,000. The Board discussed borrowing for street construction and upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to request the Street Town Treasurer to borrow $80,000 for ten years, borrowing against the $95,000 authorized at the 1952 March Town Meeting under Article 28 through 37. ' Mr. Stevens arrived at the meeting at 7:35 P. M. Letter was received from Ray Little, 81 Vine Street, requesting the installation of a street light. Mr. Burns agreed that the request Street is justified. Light Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to approve the request. Mr. Emery mentioned the possibility of try- ing to reach an agreement with Dr. Barnes out of court, and said that the attorney did not repres- Sunnyfield ent the doctorts brother-in-law or the Commons. Sewer He said that he thought the lawyer said that when he did get to represent all three a meeting would be arranged to discuss the subject. Mr. Emery said that if some attempt could be made to arrive at an agreement whereby the matter could be settled out of court he would be in favor of it. Mr. Burns reported that the contractor went to see Dr. Barnes, Buttrick and Commons, but Mrs. Commons was not home. Mr. Buttrick gave him per- mission to do whatever he wants to do and asked only that he Watch out for some trees. The thing that concerns him most is taking care of the top soil. As of today they are in agreement and there is no arguement. The contractor went to see Dr. Barnes who told him to see Buttrick about taking care of the ground. Mr. Every suggested obtaining a written agree- ment from Buttrick and Mr. Stevens said that he thought the attorney for the Doctor also repres- ented Buttrick. He said that he had asked the attorney about developments and was told that he had yet to get very far with Dr. Barnes. He further stated that he wrote to the attorney, sent him a copy of the order and a copy of the plan and said that he would be pleased to confer 352 with him at anytime. He said that he would see him again and broach the subject. Further consideration was given to Mrs. Russell's request for an abatement of the water betterment assessment levied against Russell her property at 7 Oak Street. Nater Mr. Stevens said that he was to talk with Assessment Mr. Tropeano with reference to the West matter which he did. Mr. Tropeano talked with Mr. West and came up with the proposition that 262 feet of frontage ba assigned to the house. There were 480 feet of frontage before which this 2" pipe ran, and there is an assessment of $720 on it. He said that, as he recalled it, the total was $1,216.50. The $720 is on that and in dispute. The 262 feet would leave 218 feet which they would like to have post- poned as far as the betterment is concerned. Mr. Stevens told Mr. Tropeano that he could not see why 262 feet were needed for the West frontage and he explained it was due to the Water way the house and barn is set up. He told Assessment Tropeano that the Board would look into it, but in any event it would be necessary for him to supply a lot for the house for record if the Board wast o postpone paypient. How- eger, West does not want to do that because he will be assessed for a building lot in- stead of acreage. Mr. Stevens said that he would recommend that the Board make an abate- ment based on the 262 feet, or whatever is agreed upon, and then have the balance paid in ten installments or create a special lot for the house and get an abatement on that. Then the Board might postpone the balance under the Special Act. Mr. Tropeano' agreed to discuss the subject further with Mr. West and then contact Mr. Stevens. Mr. Tropeano was going on the theory of having the betterment on the house abated and the balance postponed. It was agreed to defer any action until Mr. Tropeano contacts Mr. Stevens. Mr. Stevens recommended that the Board defer any action on The Russell request for an abatement until the West matter is settled, and suggested that the Chairman advise her that the Board is considering another matter which will affect this partidular parcel of land. A Mr. Faran made an appointment to meet with the Board in regard to obtaining water for Lawn Avenue. Mr. Burns explained, by use of the wall map, that the only way to give him any hope of itz 1 getting water is that the Carrig development may possibly get out to his place and he may be able to work out something with Carrig. Mr. Carrig has to supply water for his entire development and will end up within a couple of feet from Lawn Avenue. At 8:03 P. M. Mr. and Mrs. Faran and a Mr. Trembetta met with the Board. Mr. Faran explained that he would like to have water for his house. He is now supplied by a well which runs dry in the summer. He asked if there is any reason why he can't have town water and the Chairman explained that money must be appropriated and the Board must be convinced that it is the right thing to do. He stated that the isolated areas mean lengthy mains and more money, and the Board has to consider the matter frotjl all angles. Mr. Trembetta said that the Carrig develop- ment is within 160 feet of his property and after talking to Mr. Carrig he thinks he would grant per- mission to go through his lots. The Chairman explained that when the Board re- ceives a request such as this a study of the physi- cal situation has to be made and budgets prepared in the Fall for the annual Town Meeting. If the Board decides to recommend favorable action, the Town usually goes along but until a study is made the Board cannot commiti.itself. He said that the Board would consider the subject and asked how any houses are involved. Mr. Trembetta replied that there are only two. The Chairman inquired as to the number of feet involved and Mr. Trembetta said that he would esti- ate 400, and Mr. Burns explained that it will be a six inch pipe. Mr. Gay inquired as to v'b o owns the property on the opposite side of the street and Mr. Trembetta said that it iscowned by Mr. Bettencourt and he is in favor of having the water main installed. Mr. Faran mentioned the possibility of present- ing this to a Fall Town Meeting and the Chairman explained that it would not be considered until the March meeting. He suggested that Mr. Faran contact the Board early in February as by that time the Board should be well enough along in the budgets to now whether or not this installation would be acted upon favorably for presentation to the Town eeting. Mr. Faran asked what would happen if they de- ided they did not want the water but the main as installed. The.Chairman explained that the Board has to ssess,betterments but it cannot assess better- ents against land that already has water. Mr. Burns mentioned that the betterment could e deferred and stated that some times sand fills p well pumps and the property owner might want 353 Faran request for water in Lawn Avenue 354 Debris at 172 Waltham St. Freemont St. drainage to connect to the main. Mrs. Faran said that eventually they will have to have water there and, if she spends $1,000 for a well, she would not want to pay an assessment. The Chairinan said that he would suggest that nothing be done about driving a well until Mr. Carrig agrees to give an easement and then bring the subject up again early in February. Mr. Burns explained that if the main is extended, it will be installed by the Town and owned by the Town. The group retired at 8,20 P. M. Mrs. W. T. Durfee, 172 Waltham Street, met with the Board and the Chairman said that the Board understands she is concerned about the condition of home land owned by the town adjoin- ing her property. She said that the land is part of the land that comes up from the Catholic Club and she worried about it because she believes the debris is a fire hazard, and the builder informed her last December that the Town would take care of it. The Chairman stated that the Board would view the area and although the Town is under no compulsion to do anything, he felt the Board would co-operate in an effort to relieve the situation. He agreed to contact Mrs. Burfee either by letter or telephone within a few weeks. Mrs. Durfee stated that there is no hurry and she retired at 8:30 P. M. Mr. Charles Dwyer, 15 Freemont Street, met with the Board and said that he•has two problems to discuss. One is the water running down onto Freemont Street, washing it out. The other, is the surface water from Paul Revere Road. The Chairman explained that the Town -does have a drainage program, a certain amount of money is appropriated each year, and the Board has to spend that money where it is -needed most. He said that the Board would recognize the request, look into the situation, discuss it and decide what can be done if anything. He said that Mr. Dwyer may not hear from the Board for some time. Mr. Dwyer retired at 8:40 P. M. Mr. Burns also retired. Letter was received from Frederic A. Hoxie inregard to his application for retirement. Action was held over until the next meeting pending report from Mr. Driscoll after confer - 1 355 nce with Dr. Short. Hoxie Mr. Stevens agreed to contact the Board of Retirement ire Engineers. The Chairman mentioned the fact that Mrs. rrentino had called again in reference to a ewer betterment assessment levied against her roperty on Fottler Avenue. He said that morethan year ago the Board arrived at the decision that Sorrentino he property had definitely been bettered and that betterment the assessment should not be abated. The Board was still of the opinion that the and is definitely bettered and, therefore, no abatement justified. The Chairman read a letter from Miss Mary Ann nahue, formerly employed in the Town Clerk's office n which she questioned the computation of her final ay check. The Chairman was authorized to tell the Town Clerk that the Board would like him to pay Miss onahue 442‘80 less *1.30 withholding tax. Mr. Stevens retired at 10:00 P. M. Letter was received from Mr. Robert F. Aiken n r eply to the Board's inquiry regarding Mr. James G. Dorman, who has applied for a Certificate Cert. of f Incorporation. Mr. Aiken said that he knew noth- Incorp. ng which would assist the Board in this matter. Mr. Reed a greed to investigate and report at the next meeting. Letter was received from the Massachusetts Clinic of Physiotherapy requesting permission to Tag Day onduct Tag Days on September 26 and 27. Denied. Upon motional' Mr. Gay, seconded by Mr. Emery, t was voted to deny the request. Request was received from Mrs. Janet C. eckham, 67 Reed Street, on behalf on the Lexington ethodist Church, for permission to hold a Rummage ale at the Barnes property. Rummage Upon motion of W. ESnery, seconded by Mr. Sale iscoll, it was voted to grant the request. Request was received from the League of menVoters for permission to conduct a meeting n a conference room on September 10th from 9:45 . M. until 12:30 P. M. Upon motion of Mr. Emery, seconded by Mr. y, it was voted to grant the use of the Poom ree ofcharge. Upon motion of Mr. Gay, seconded by Mr. iscoll, it was Voted to grant the Lexington musement Co., Inc. a Sunday Movie License for ptember 14th. Use of hall License 356 Application was received from Philip LaGrassa, 2173 Massachusetts Avenue, for a public carriage license. The Chairman agreed to investigate and report next Monday night. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to sign a Water Order for Spring Street from end of existing main a. Sign water distance of approximately 770 feet southerly. order The meeting adjourned at 10:05 P. M. A true record, Attest= The next regular meeting of the Board of Selectmen will be on Monday evening, Septem- ber 15, 1952, at 7 o'clock. 1 351 SELECTMEN'S MEETING September 15, 1952 A regular meeting of the Board of Selectmen w held in the Selectmen's Room, Town Office ilding, on Monday evening, September 15, 1952, a 7:00 P. M. Chairman Nickerson, Messrs. iscoll and Reed were present. Mr. Burns, Supt. Public Works, and the Clerk were also present. . Gay arrived at the meeting at 8;20 P. M. Hearing was declared open upon the petition othe Crowell Tube Company for permission to s ore 5,000 gallons of #2 fuel oil at 177 Bedford S reet. No persons were present in favor or in Hearing o•position and the Chairman reported that the app- Fuel Oil 1 cation had been approved by Captain Belcastro of permit t e Fire Department. Upon motion of Mr. Driscoll, seconded by Mr. R,.ed, it was voted to grant the petition and sign a license granting the Crowell Tube Company per- ssion to maintain one underground tank for the d orage of 5,000 gallons of #2 fuel oil at 177 Bedford Street.. Mr. Burns called the Board's attention to a n mber of requests received during the year for s reet lights and upon his recommendation a motion Street w offered by Mr. Driscoll and seconded by Mr. Reed Lights t. authorize the following installations: Westview Street, from railroad track 2 Coolidge Ave., from Weir's House 1 Field Road, Five Field's Development 5 Barberry Road, u ' 4 Wildwood Street, Patriots Forest 4 Patterson Road th m 2 Golden Avenue, at Arlington Line 1 Vine Street 2 Blossomcrest 1 Notice was received from the Middlesex County mmissioners advising of a hearing t o be held on 0 tober 2, 1952,,at 10:30 A. M. to discuss matters p-rtaining to public roads for the year 1953. Letter was received from William Schwarz, 25 F.ir Oaks Drive, refiuesting the Board to grant him a hearing for abatement of a sewer betterment assess- m:.nt in the amount of $637.79, claiming that it is p actically impossible for him to ever connect to the s:.wer without the expense running into a thousand d.11ars or more. 358 The Chairman requested Mr. Burns to figure an estimate of what he thinks it would cost Mr. Schwarz to connect to the sewer and report to the Board next Monday night. The members of the Board felt that they would be in a better posi- tion to ,judge, upon receipt of this information, whether or not the property has been bettered by the installation of the sewer. Mr. Stevens arrived at the meeting at 7:30 P. M. The Chairman reported that Mrs. Florence Russell, 7 Oak Street, telephoned him regarding the water betterment assessment levied against her property in the amount of $90. He ex- plained that he informed her that the Board had voted to abate the assessment, but, sub - Russell sequent to another matter being settled, and water could not do anything about it, therefore, at betterment the moment. He told her that he would confer with the Tax Collector to find out whether or not she would be willing t o send a bill without i3he assessment for the time being. Mr. Stevens explained that the Tax Collec- tor could not do that but Mrs. Russell could pay the taxes and get a receipt for the amount paid without paying the betterment. The Chairman agreed to call ¥rs. Russell and discuss the subject with her. Mr. Reed reported on Lot 4, Block 95 Reed Street, for which Mrs. Walter Cunha made an offer of $50. He explained that Mrs. Cunha, has a fifty foot frontage and would like to ac - Tax Title quire this parcel of land for a driveway. He Property said that this lot is the only tax title prop- erty,.between the Cunha lot and Center Street. Mr. Driscoll suggested, and the Board agreed, to withhold action until the next meet- ing of the Board when Mr. Emery would be present. Letter was received from Jerry DeSimone, 80 Windsor Street, Medford, offering $350 for lots 12 and 13, Block 15, Eaton Road. The Chairman reported that he had viewed Tax Title the lots and that they are located on a fin - Property ished street, with water and sewer. There is an outstanding sewer betterment in the amount of $120. Upon motion of Mr. Reed, seconded by Mr. Driscoll, it was voted to entertain an offer of $1,500. 1 1 Letter was received from Leeland G. McConchie n reply to the Board's letter entertaining an ffer of 2.,,000 for lots 476 and 477, 527-533 inclus- ve on Asbury and Balfour Streets. Mr. McConchie submitted another offer of $1,6004 roviding the town can give him a clear title, one hat a bank would accept for a loan. Upon motion of Mr. Driscoll, seconded by Bir. y, it was voted to reject the offer. At 8:05 P. M. Mrs. Nellie 4orris, 40 Windsor venue, Somerville, met with the Board. She claimed that the contractor working on ustin and Calvin Streets had removed the top soil rom her property and instead of replacing it had pread it on someone else's Land. The Chairman explained that any damage made to roperty by a contractor is a private matter be - ween the contractor and the individual owning t 3e Airs. ropertyy He stated that the Board would assist Norris er in anyway possible, but cannot take action it - elf. He suggested that Mrrs. Norris assemble her nformation , put it in writing and submit it to he Board. He said he thought she would find the ontractor to be reasonable and also find that the oard would be willing to assist her. He asked if he were interested in collecting for damage and he r eplied in the negative. She said that she oes not want damage or money but does wantthe op soil returned. The Chairman said that the Board could not ssure her that she would get the top soil back, ut it would ask the contractor to correct the amage by restoring the top soil. He said that . Burns will tell the contractor, Wes -Julian, bout the complaint and he will try to have the ompany contact her at Mon 6-295a. Mrs. Norris said that'if the Chairman would o that for her she would be'very grateful, and etired at 8:23 P. M. The Chairman reported that he had talked with . Roeder, Chairman of the Board of Fire Commis - loners, today and they now have received Mr. oxiets letter resigning under protest. Mr. Stevens recommended that the Chairman ad- ise Mr. Hoxie that, if he wants to come to Lexing- on by such and such a date, a medical panel will e set up for another examination. He also sug- ested that the Chairman inform him that the Board f Fire Commissioners has been requested to delay action on his resignation until a certain date, d the Selectmen have been assured that action ould be withheld until that date. 359 F. A. Hoxie resignation 360 Letter was received from William H. Sullivan, 14 Milk Street, Lexington, offer - Tax title ing $400, plus betterment of $162.61 for property Lot 86, Kendall Road. The Board preferred to view the prop- erty before taking any action on the offer. Letter was received from Mr. and Mrs. Harry Jones, 7 Williams Court, Somerville, offering $25 for lot 70 Brandon Street, ad - Tax title jacent to a house they have recently pur- property chased on lots 68 and 69. The Board preferred to view the prop- erty before taking any action of the offer. Letter was received from Mr. and Mrs. Dominic Varello, 440 Massachusetts Avenue, Tax title Lexington, advising that they are willing to property negotiate for lots 50 through 53 on Hillside Avenue. The Board is still of the opinion that it is to the best interest of the Town to retain this property. Mr. Burns eported that last summer Raytheon requested the Town of Lexington to furnish water for a new plant in Bedford and at that time the Town of Bedford was asked if it could supply water and, if not, to advise the Board in writing that there would be no objection to Lexington supplying it. Rep- resentatives of the Navy and Raytheon met With Mr. Bhrns to work out the details. He Raytheon asked them to write a letter concerning the Water Supply entire situation, and he would confirm it with the Board. Later on a Water Commissioner from Bedford said that the Navy should not get water without letting the Town of Bedford tap off the line. Mr. Burns told him also to write the Board and explain the original un- derstanding and that their position has changed. In the meantime, the Navy has asked for a confirmstion, and Mr. Burns said that he believes the only thing he can say is that the Town of Bedford has changed its position due to the fact that new development is coming at that end, and they will have to clear the matter with the Town of Bedford. Drainage The Chairman reported that he had gone up to Freemont Street following }r. Dwyer's visit with the Board last week relative to water com- ing down from Cedar Street. Mr. Burns said that the only solution is to extend the drain up Cedar Street, but to help the situation he could build a berm and agreed to do so. 1 361 The Chairman reported that he had viewed the t= title property at the rear of Mrs. Durf ee's p operty, 172 Waltham Street, about which she com- p ained last week. He explained that it appears Mrs. Durfee's a if the builder who constructed the houses in complaint t.is area pushed the debris back on to town land w ich is land locked. Mr. Stevens said that the Board should have simething in.writing from the property owner giving t'e town permission to go over private property in o der to clear out the debris. Mr. Burns retired at 9:15 P. M., and Mr. Stevens r=tired dt 9:35 P. M. Mr. Reed reported favorably on James Woodcliff° Road, who has applied for a to of incorporation. Upon motion of W. Reed, seconded by was voted to sign the application. G. Denman, certifi- Mr. Gay, Letter was received from the Disabled American terans, Arlington Chapter 49, requesting permis- on to conduct an Annual Forget -Me -Not Drive on iday evening, September 26th and all day Saturday, pt ember. 27th. Upon motion of Mr. Gay, seconded by Mr. Dris- 11, it was voted to deny the request. Upon motion of Mr. Driscoll, seconded by Mr. G:y, it was voted to grant the following uses of halls; Lafayette Club Estabrook Hall Sept. 23 4 H Club Conference Room Sept. 24 1 0 b t a i i w t Free Free Further consideration was given to Mr. LaGrassa's plication for a public carriage license. The Chairman reported that Mr. LaGrassa.t old m that he has some connection with the people who ve at 21.73 Massachusetts Avenue, which is at the rner of Cedar Street. He wants to operate a taxi siness from the rear of the house and have a lephgne at 2173 Massachusetts Avenue. Consideration was given to the fadts that the plicant is not a resident of Lexington, the area residential, and the hazard of a taxi driving and out of this particular location. Upon tion of Mr. Gay, seconded by Mr. Driscoll, it s voted to deny the application. Upon motion of Mr. Driscoll, seconded by Mr. ed, it was voted to grant a Sunday Movie license the Lexington Amusement Company. The meeting adjourned at 10:00 P. M. Cert. of Inc. Tag Day Uses of halls License Denied License A true record, Attest: erk 362 SELECTMEN'S MEETING September 22, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 22, 1952 at 'l 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors for a Jury Pool Jurors at Cartridge, November 3, 1952. The following in- dividuals were drawn: Ernest J. Crerie, 11 Richard Road and Webster E. Coombs, 17 Shade Street. Mr. Carroll gave the Chairman a letter with reference to the street construction borrowing in the amount of $80,000.00 for which bids were re- ceived as follows: The Second National Bank The Rockland -Atlas Nat'l Blair Rollins & Co. Inc. The Day Trust Company W. E. Hutton & Co. The Merchants National Bank of Boston Townsend, Dabney & Tyson Coffin & Burr, Inc. Street Cons tr. borrowing Pole location Schwarz sewer betterment of Boston 100.229 1.70% Bank of Boston100.0999 1.3/4% 100.176 100.099 100.091 100.02 100.05 100.043 1.80% 1.80% 1.80% Upon motion of Mr. Gay, seconded by Mr. Dris- coll, it was voted to accept the bid of the Second National Bank of Boston. Mr. Carroll retired. Petition was. received from the Boston Edison Company requesting permission to remove one pole and locate one pole on Grove Street. The Chairman informed the Board that the proposed location has been approved by Mr. Burns. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to grant the petition and sign the order for the following pole removal and location: Grove Street, approximately 220 feet northwest of Winter Street, One pole. (One existing Edison pole to be removed.) A letter from William Schwarz, 25 Fair Cake Drive, requesting'a hearing relative to abatement of sewer betterment assessment in the amount of $637.79, was held over from last week. 1 The Chairman reported that Mr. Burns esti- ates the cost of the connection to be $250 as com- ared with Mr. Schwarz figures of $1,000 or more. The Chairman was authorized to acknowledge Mr. chwarz letter. The Chairman read a letter from Donald Plummer, 11 Marret.t Road, Chairman of the Painterst Guild, xington Arts and Crafts Society, requesting- per- ssion to hold an Outdoor Art Echibition of paintings the Buckman Tavern grounds, Sunday, October 19th, fl om 2:00 P. M. until 5:00 P. M. or Sunday, October 6th, in case it rains on the 19th. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the request, permission hav- i g been given for an exhibition by the same group 1 s year. Letter was received from Donald J. Gillespie, rector of the Lexington High School Band, re- q esting permission to parade the band from the school via Massachusetts Avenue to Clarke Street t• Parker Field on the dates of the home football mes which are scheduled for September 27, October 4th, November 1st and November 8th. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the request. Letter from Mr. Carroll, Town Clerk, advising t Paul Wilson has resigned as a member of the uth Study Commission was noted and placedcon file. The Chairman read a letter from Chief Rycroft a•vising that he has discussed the Ross complaint .th Officer Mowat and his version is practically t same as was given by Sergeant Russell. Mr. Every suggested, and the Board agreed, t at the Chairman advise Mr. Ross that the Board h made a very careful inquiry into the matter and h•pes that he will have no further cause for com- paint. Letter was received from Mrs. Paul Warr], 1 erman Street, on behalf of the Pre School P. T. A. r:questing permission to conduct a rummage sale at t e Barnes property on Saturday, October 25th. Upon motion of Mr. rt,iscoll, seconded by Mr. R:ed, it was voted to grant the request. Mr. Harry 'Tones! offer of $25 for Lot 70, andon Street, was held over another week, action bring withheld until the Board views the lot. Mr. William H. Sullivan's offer of $400 plus b:tterment for Lot 86, Kendall Road, was held over f another week, action being withheld until the Bard views the lot. 363 Arts & Crafts exhibition High School Band to parade Ross complaint Rummage Sale Tax title property Tax title property 364 The Board gave further consideration to Mrs. Walter Cunha►s offer of $50 for Lot 4, Block 95, Reed Street, Lexington. Tax title Mr. Reed moved that a proposal to sell the property lot be advertised in the Lexington Minute Man and that'further consideration be given the offer at the next meeting of the Board. Mr. Gay seconded the motion, and it was so. voted. Letter was received from Mrs. Anna Valihura, 58 Valleyfield Street, Lexington, offering $35 each for lots 42 and 44 Valleyfield Street. Tax title No action is to be taken on the offer until property after the Board has had an opportunity to view the lots. Election constable Salary Tax title property Upon motion of Mr. Reed, seconded by. Mr. Gay, it was voted to grant a Sunday Movie license to the Lexington Amusement Company, Inc. The Chairman informed the Board that Mr. Charles Moloy, Constable, working at the elec- tions, has inquired about receiving more money. The amount set up in the budget is $6.00 plus $2:.00 for meals which proved to be satisfactory - until this year. Mr. Moloy is now retired from the Town and works all day and late in the evening at the polls. It was left to the discretion of the Chairman whether the Constable is to be paid at the rate of 90¢ per hour, amount received by the tellers, or $1.00 an hour, the amount received by the Clerks and Inspectors. The subject of thefinal pay check received by Miss Mary Ann Donahue, formerly employed by the Town Clerk, was again discussed, inasmuch as the amount on the warrant this week is less than what the Chairman understood she would receive. Mr. Driscoll moved that the Chairman be authorized to clear the matter with the Town- • Clerk. Mr. Reed seconded the motion, and it was so voted. Mr. Stevens, Town Counsel, met with the Board at 7:50 P. M. Letter was received from the Town Clerk ad- vising that a tax title assessed to George S. Head and Mabel E. Maynard, 10 Westminster Avenue, in- cluding buildings and lot, has been foreclosed through land court and Is now property owned by the Town of Lexington. Mr. Stevens advised the Board to immediately place fire and liability insurance on the house 1 1 1 365 d also suggested obtaining more information from Mr. Collins, Welfare Agent, inasmuch as these two people are receiving aid. Letter was received from the Metropolitan Dis- t ict Commission, together with copy of Chapter 559, a Act authorizing the construction of refuse dis- p•sal incinerators. Mr. Stevens said that the Engineers' report, as h recalls it, claims that the cost to Lexington wo ld be very high. He said that the Board could a•vise the Commission that this is a matter that is der constant study and the Board does not feel, at t is time, that it should recommend to the Town a ceptance of the Act. The Chairman said that before many years the Refuse T.wn will have to locate another dump or do some- disposal t ing about a refuse disposal incinerator. incinerators Mr. Emery suggested that the subject be con- s dered when the 1953 budgets are discussed, and Mr. S evens agreed to obtain a copy of the Engineers' re- p•rt. He took both the copy of the Act and the 1tter from the•M. D. C. Letter was received from the Division of Civil S=rvice, together with a copy of the Welfare Com- p=nsation Plan, advising that a hearing is to be h=1d relative to amendments to the plan. Mr. Stevens t•ok the letter and plan and agreed to obtain more i ormation on the subject. The meeting adjourned at 8:10 P. M. A true record, Attest: 1 k, (Telectmen The next regular meeting of the Board will be h 1d in the Selectments Room on Monday evening, September 29, 1952 at 7:00 P. M. 366 SELECTMEN'S MEETING September 29, 1952 A' regular' meeting of- the Board of . Selectmen was held in the Selectmen's Room,. Town Office Building on Monday, September 29, 1952 at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gaya and Reed were present. The Clerk was also present. Hearing was declared open upon petition of F. K. Johnson, Inc. for permission to increase the storage capacity of underground tanks from 6,000 gallons to 10,000 gallons. Mr. Johnson was the only person present at the hearing, and the application was approved by Captain Belcastro of the Lexington Fire Station. Mr. Johnson explained that his request is based on the fact that the volume of his business has in - Johnson creased and, when the proposed store is completed gasoline adjacent to his garage, he anticipates a further in - hearing crease in business. He also explained that the Gulf Oil Company objects to making frequent trips to keep the present tanks full. He stated that at present he has two 3,000 tanks and will have either two 2,000 tied together, or one 4,000. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant a license to F. K. Johnson, Inc. to maintain underground tanks for the storage of 10,000 gallons.of gasoline at 39-41 Bedford Street; an increase of 4,000 gallons. Mr. Johnson retired at 7:10 P. M. Hearing was declared open upon petition of the New England Telephone & Telegraph Company for per- mission to lay and maintain underground conduits and manholes in Massachusetts Avenue between Muzzey Street and Harrington Road. Mr. Long, representing the petitioner, was the only person present at the hearing. He explained that the present conduits are filled to capacity and the Company cannot servi•e the Bedford Airport. Many sub- scribers are waiting for new services or change in service and cannot be taken care of with the existing facilities. The Chairman informed Mr. Long that the Supt. of Public Works is very much disturbed about the situat- ion on Hillcrest Street and asked if there is anything that can be done to hasten the work by his company. Mr. Long agreed that Mr. Burns has a legitimate cause f or complaint and said that he had explained to the company engineers that the surfacing of this street was being held up, and he understood some action was to be taken. However, he agreed to investigate the matter the first thing in the morning. Underground conduit 1 1 367 Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to grant the petition and sign the order subsequent to some action being taken by the telephone company on Hillcrest Street. Mr. Read, representing the Hancock Congrega- tional Church, came into the meeting to inquire about the proposed conduit location, and it was explained to him by Mr. Long. The Church wanted to know whether or not the two driveways would be affected, and he was assured that they will not be. Messrs. Long and Read retired at 7;25 P. M. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Pole Company for permission to remove an existing J%o location pole and locate a pole on Cary Avenue. The pro- posed location was approved by Mr. Burns. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the petition and sign the order for the following pole location: Cary Avenue, at a point approxi- mately 560 feet southwest of Middle Street. One pole. One existing J/0 pole to be removed. Petition was received, signed by four residents of Cedar Street, requesting the Town to plant trees in\front of their property. Mr. Garrity informed the Clerk that, if the re- Request quest is granted, it may lead to other requests in- for trees volving approximately twenty-five trees. The Board was of the opinion that this request is one that should be considered in the 1953 budget. Mr. Burns arrived at the meeting at 7:35 P. M. He reported that Mrs. Commons, 402. Bedford Street, wants a sewer connection free of charge and abatement of the sewer assessment betterment in settlement of her claim for the taking made by the Town. He stated that the amount of money involved Commons' is about $450, and the lot is about 100 feet. claim Mr. Stevens arrived at the meeting at 7:40 P.M. and the Chairman explained the situation to him. Mr. Emery questioned making a settlement in this way and said that, if she has a claim for dam- ages, she should present it. Mr. Stevens said that sometimes it might de- pend on the circumstances, but, in this instance, he thought Mr. Emery was correct. It was decided to take no action until a for- mal claim is presented by Mrs. Commons. 368 Sunnyf i e ld complaint The Chairman read a letter from W. P. John- ston, 10 Calvin Street, secretary of the Sunny - field Associates, requesting permission for a delegation from the Association to meet with the Board. The group -wants to discuss the condition of the streets in the area and also tool sheds and outhouses that have been erected in the area. The Chairman was authorized to ackhowledge the letter and advise the group as to what the situation is. Mr. Stevens presented a deed conveying Lot 160 Bridge Street to William E. Myers and Flora A. Myers, 65 Bridge Street. Tax title Mrs. Myers paid for the lot in 1945, but, property through an error, the correspondence was filed and no deed ever made out. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to execute the deed to carry out the vote of a Board of Selectmen passed in October,1945. Nichola Rd. claim for damages Little League baseball The Chairman read a letter from Frederic A. Hoxie, inquiring about retirement of a veteran after ten Years of service. Mr. Stevens said that he understands the Act providing for retirement of veterans has never been accepted. The Chairman said that the Board has re- ceived three letters claiming damage due to blasting in Nichols Road and asked if this was something between the property owners and the contractor installing the sewer. Mr. Stevens agreed that the Town is not in- volved. He suggested advising the individuals of the name of the contractor and telling them that the claim should be taken up directly with him and also to advise them that the Town, in its contract, required the contractor to carry insur- ance against blasting. Mr. Burns retired, and Dr. Foley, Chairman of the Recreation Committee, Mr. Brainard. Noyes and Mr. John Desmond met with the Board. Dr. Foley explained that no one from the LionsJClub has contacted his Committee in regard to a Little League Baseball project. There is a movement in Town to start such a club, and Mr. Noyes is president. He contacted the Recreation Committee to find out whether or not a field could be provided. Both groups believe that the diamond on the Lincoln Street end of the playground would be suitable. He explained that, under Little League rules, the field would have to be used 1 1 369 exclusively by the League and could not be used by any other group. He said that this is the question he would like settled, and asked if the Recreation Committee could set aside part of the public play- ground for an organization of this type v.ich is operated by citizens and used by citizens. Mr. Stevens said that he would think it could be done, and that it is being done in other communi- ties. Dr. Foley said that it would mean erecting a fence around the diamond to a certain point in the outfield. Mr. Stevens said that he has seen the fences and they are just snow fences not involving the expenditure of much money. Dr. Foley explained that, as he understands the rules, to be eligible to participate in the playoffs for the championship, the League must have a field that no one else uses. Mr. Gay asked if the High School used the field for softball, and Dr. Foley replied that this starts in May and may mean juggling, but he thought it could be done. The League would want the field from May 15th until the first of August. Mr. Gay asked if the High School would object, and Dr. Foley replied that he thought something could be worked out as there are two other base- ball diamonds open. Mr. Noyes said that there will be four teams and by 1954 they may haveeight teams. The Board felt that the Recreation Committee has had the Town Counsel's opinion, and it should now determine whether or not the project is physically possible, and, if so, it is something for the Com- ttee to work out. Dr. Foley said that his next question was in egard to the Aldrich property and asked if it were given to the Town for recreation purposes, and, if so, was there any particular type of recreation specified. The Chairman suggested that Dr. Foley look up the deed of gift which is held by the Town Clerk. Mr. Noyes mentioned maintenance of the Little ague diamond, and Mr. Stevens said that if the roup can raise the money and it is spent under the upervision of the Town Departments and according o their requirements, he thought there would be no bjection to using private funds. Mr. Emery asked if the group, from the dis- ussion this evening, was of the opinion that the electmen had officially approved the project which 370 might place them in the position of having endorsed it for whatever it will cost for -next year's budget. Dr. Foley replied in the negative and said that all they wanted this evening was to clear the use of the field legally, and to find out whether or not it can be used exclusively by the Little League. Mr. Emery said that the Board likes the idea but beyond that it cannot make any financial commit- ments. Mr. Noyes said that he is not asking for money but is asking for the field. Messrs. Noyes and Desmond retired at 9:00 P. M. Dr. Foley said that about a year ago the Rec- reation Committee spblte abOnt a play area in Wood- haven. The Chairman explained that some members of the Board went over the area and can't see any possibi- Woodhaven lity of the Board approving of the location mentioned play area by the Recreation Committee. He said the Board is decidedly unimpressed, from the view of location and expense. Mr. Emery asked if the Committee had presented the subject to the Planning Board and what they thought of it. Dr. Foley replied that it had been presented and that Board thought it was -all right. The Chairman suggested that the Committee present the matter to the Board again in writing and further suggested that the Selectmen go over the area some Saturday morning with the Recreation Committee. Dr. Foley retired at 9:05 P. M. Messrs. Lyon, Fifield, Powell and Birch, of the Taxpayers' Association, met with the Board. Mr. Lyon invited the Board to a meeting of the Taxpayers in Estabrook Hall on Wednesday, October 22nd. He said that the Association would like to recommend to the Board that the assessed values on homes and land be published in the Town Report. The Association members feel that this will be a common leveler which will do a lot of good, and the situat- ion now is not good. He asked that an amount be in- cluded in the appropriation to cover this. The Chairman said that he thought the only way to have anything like that published in 1953 would be to have the money appropriated at the Annual Town Meeting. 1 371 .Mr. Lyon mentioned the Special Meeting in Nov- emer and said that, if this were done this year as a -eparate report and so well received that the to payers wanted it done every year in the proper tie, it could be taken up and put in the budget. He said that the Association thinks the Assessors ne:d some help and believe the report would do a goad job. He stated that the taxpayers would prefer to have the Selectmen sponsor this project than to ha e the Association insert an artidle in the war- ra t. Mr. Emery asked if timing were important and Mr Lyon replied that it would be good now, and if the Board would make the announcement at the Special To Meeting; it would help. The Chairman explained that, if the Board did ma e an announcement, it would be merely to tell the To Meeting members that the Board would favor it fo the 1953 budget. He further stated that even af'er that, the Appropriation Committee might be opuosed, and it might not carry at the Annual Meet - i. The Chairman said that, if the Board does carry t ough, and the Appropriation Committee approves, the Board would have to obtain bids. The group, with the exception of Mr. Lyon, re - ti ed at 9:20 P. M. Mr. Lyon asked if the Board had received a com- mu ication from Miss Colby in regard to more proper ob-ervance of Christmas. The Chairman replied in the negative and said th:t she did contact him by telephone at which time he suggested that she put her suggestions in writing. Mr. Lyon retired at 9;25 P. M. The Chairman said that the suggestion has been ma.e, in reference to the Presidential Election, th:t the polls be opened at 7:00 A. M. However, th= Board felt that the polls should be open even Polling ea lier, and, upon motion of Mr. Gay, seconded by hours Mr. Reed, it was voted to establish the voting ho rs on November 4, 1952 from 6:00 A. M. until 8'0 P. M. Letter was received from Sup+t. John B. Smith, ad ising that the School Committee has voted to req est the Board to call a Special Town Meeting fo Monday, November 17, 1952. The purpose for the meeting is to request an appropriation suf- ficient to complete the furnishing and equipping Special Town Meeting 872 Chapter 90 of the new High School now under construction. Upon motion of Mr. Emery, seconded by Mr. Gay, it was unanimously voted to call a Special Tows. Meeting to be held on Monday, November 17, 1952, the warrant for same to be closed October 14, 1952. Mr. Stevens retired at 9:35 P. M., and Mr. Burns returned to the meeting. Discussion was held relative to Chapter 90 vork for 1953, a meeting having been scheduled by the County Commissioners for Thursday, October 2nd. Mr. Burns explained that all the Town will get on Hill Street this year is the drainage and possibly not all of that. There will be no surfacing. He asked how much the Town is interested in requesting and asked if it is to go into more than $8,000 a year. He mentioned requesting funds to complete Hill Street and to start on Concord Avenue. He -ex- plained that an appropriation the same as last year would all be used on Hill Street. Mr. Emery inquired about the part of Concord Avenue to be considered, and Mr. Burns replied from Pleasant Street to Waltham Street and said that this section is bad. The people are not in favor of having the street constructed because they don't want any trees removed. He said that he would like to see Concord Avenue built and that it will involve between $50,000 and $76,000 from Pleasant Street to Route 2. From Blossom Street to Waltham Street would be $32,000 or $33,000. The Chairman felt that, if the Board is going along with Hill Street and finish it, it might be better to do that this year and then next year see what could be done about Concord Avenue. Mr. Emery said that he would prefer to see Hill Street finished and out of the way. Mr. Burne said that he would like to have Hill Street completed and suggested requesting 1-1-2 for Hill Street which would total $32,000 and ask for 8-8-16 for Concord Avenue. Mr. Burns mentioned that Massachusetts Avenue is a Chapter 90 street and, if it is under main- tenance, the $1,000 per year which t he Town has been asking for will never cover that he has in mind. He would like to tear out the whole avenue from Grant Street to the Statue. If it is new construction, it will be presented as a complete project to be done. He agreed to contact the Chairman when he finds out whether Massachusetts Avenue is maintenance or con- struction. The Chairman 10.11 then contact the other members of the Board. 1 Letter was received from Paul R. Keeler, 71 E:-st Street, in which he referred to a strip of 1:nd taken by eminent domain. He wants the Town t. cut down the mound of gravel and replace the loam. Mr. Burns explained that the land he men - t oned is the shoulder of the street, and the airman reported that he had viewed the property today. The Chairman was authorized to advise Mr. K-eler that :the Board feels the Town has been r-asonably co-operative, and the condition is not a. y worse than that of most of those in town. Further consideration was given to Mr. and M s. Harry Jones' offer of $25 for Lot 70, Bran- d.n Street. Tax title. Mr. Every viewed the lot and recommended property lling it to the abutter for 050. Upon motion of Mr. Reed, seconded by Mr. ery, it was voted to entertain an offer of $50 for Lot 70, Brandon Street. 373 Keeler complai nt Further consideration was given to Mr. S'llivan's offer of $400 plus sewer betterment a : sessm= nt of $162:.21 for Lot 86, Kendall Road. Tax title Mr. Emery viewed the lot and reported that it property is a good buildable lot. Upon motion of Mr. Emery, seconded by Mr. Gay, i was voted to entertain an offer of $800 plus t'e betterment assessment. Further consideration was given to Mrs. a's offer of $50 for Lot 4, Block 95, Reed Tax title S reet. A proposal to sell this lot was adver- property t sed in the September 25,. 1952 issue of the L-xington Minute Man. No persons contacted the S:=lectments Office as a result of the advertisement. Upon motion of Mr. Reed,. seconded by Mr. Gay, i was voted to sell and convey Lot 4, Block 95, R ed Street to Mrs. Walter Cunha, 139 Reed Street, L xington. A letter was received from Mrs. Marion B. S eeves, 26 Howard Street, Newton, offering $300 p us water betterment assessment of $75 for Lot Tax title 5 , Grandview Avenue. property Mr. Gay moved that a proposal to sell the lot b advertised in the Lexington Minute Man and that f 'rther consideration be given the offer at the n xt meeting of Board. Mr. Emery seconded the motion, and it was so voted. 374 Letter was received from Cosmo A. DeBonis, Tax title attorney, 1840 Massachusetts Avenue, Lexington, Property offering 000 for a large number of lots in Meagherville. Upon motion of Mr. Reed, seconded by Mr. Emery, it was voted to decline the offer. Upon motion duly made and seconded, it was voted to grant the following uses of halls: R. F. Jackson Conf. Room Oot. 9 4-H Meeting Taxpayers' Ass+n. Estabrook Oct. 22 Meeting An application from the American Institute of Engineers for permission to conduct a banquet and dance in Cary Hall was held over and the Chairman authorized to obtain further information. An application from the Lexington Lions Club for permission to conduct a merchants exhibition at Cary Hall on November 12 and 13 was held over and the Chairman authorized to obtain further information. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant a Sunday Movie License to the Lexington Amusement Co, 1794 Massachusetts Avenue. The meeting adjourned at 11:05 P. M. A true record, Attest: 1 SELECTMEN'S MEETING October 6, 1952 A regular meeting of the Board of Selectmen was heli in the Selectmen's Room, Town Office Building, on onday evening, October 6, 1952 at 7:00 P. M. Cha man Nickerson, Messrs. Emery, Gay and Driscoll wer present. Mr. Burns, Suptt of Public Works, and the Clerk were also present. Mr. Reed arrived at 9:0 P. M. Bos and Coo Bos Gay the Hearing was declared open upon petition of the on Edison Company and the New England Telephone Telegraph Company for i/o pole locations on idge Avenue. Mr. Mahan, representative of the on Edison Company, was the only person present. Upon motion of Mr. Driscoll, seconded by Mr. it was voted to approve the petition aid sign order for the following j/o pole location: Coolidge Avenue, northwesterly from a point approximately 25 feet northwest of Diehl Road - three poles. The hearing was declared closed and Mr. Mahan ret red at 7:05 P. M. Copy of a Nic ols Road, mat ng damages on ile. letter from George Conklin, 15 to the Vespa Quinton Company, esti- from blasting, was noted and placed The Chairman read a letter from Bedford Board of '.electmen.advising that said Board has approved the request of the United States Navy for a license to ay a water main in Summer, South and Forest Str:ets and Hartwell Road, to convey water to the Ray' eon Manufacturing Company. The Bedford Select- men also approved the sale of water to Raytheon by the Town of Lexington. Mr. Burns questioned whether the Bedford Select- men could act for the Bedford Water Commissioners, and Mr. Emery suggested that a copy of the letter be for - war ed to Mr. Stevens and that he confer with Mr. Kel ey, Town Counsel of Bedford. The Chairman read a letter from Arley A. Ambler, 10 orton Road, requesting the installation of a str-et light between numbers 8 and 10 Norton Road. Street Mr. Burns stated that he will be able to have one light more light installed this year. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it as voted to grant the request. 375 Pole location Claim Water supply to Raytheon 376 The Chairman read a letter from Richard F. Jackson, Health Sanitarian, advising that a contri- Complaint buting factor to the stagnant water in the rear of Mr. Bezanson's house at 19 Hill Street is a culvert in Milk Street which is set too high. Mr. Burns explained the situation, by use of the wall map, and it seemed to the Board that the only solution might involve spending a substantial portion of the drainage appropriation for 1953. Mr. Stevens arrived at the meeting at 7:35 P. M. The Chairman was instructed to discuss the sub- ject with Mr. Jackson, Welfare Comp. Plan The Chairman read a letter from Mr. Stevens in regard to the Welfare Compensation Plan in which he advised the Board that he does not believe it is necessary for the Selectmen to attend the public hearing to be held on October 17th. At 8:00 P. M. Mr. Edward L. Mears, represent- ing the First Church of Christ, Scientist, and Mr. Alan Adams, representing the Planning Board, met with the Selectmen. Mr. Mears explained that the Church has ideas in tmo directions; one is possible expansion of the building which may be an addition, and the other is that it may want to spend money for parking facili- ties. Before spending any money on the property, the Church would like to know if the Town has any plans for development in that area. Mr. Adams stated that the Planning Board had talked about that area when it rezoned two years ago. It seems to the members of his Board that some day business will go in that direction for a considerable distAnce. At the time the Planning Board only laid out to Raymond Street, but did set up a ten -foot setback in that area, and had a very definite feeling that sometime within the next ten, fifteen or twenty years business would go down there, with the possibility of widening the street. Mr. Mears asked where the Church reached Town property, aid Mr. Burns replied that the boundary line is in the ditch. Mr. Mears asked if there would be a road ex- tending Muzzey Street down to the High School, and Mr. Burns replied in the affirmative. He said that the School Committee's plans for the present is a strip twelve or fifteen feet wide to be used for foot traffic, but they have also been to him for in- formation in regard to a.constructed road. The Chairman explained when the funds for the new High School were cut down, it took the streeting and ground work. However, there will be a Town Meet- ing on November 17th at which time the School Com- mittee will ask for money. Mr. Mears said that his particular interest is whether the Town has any definite plans in the area. The Chairman said that the definite plans, he would take it, would be that Muzzey Street will be extended up at Park Drive. Mr. Stevens explained that, if funds are approp- riated at the Special Town Meeting,t he School Com- mittee is going along with the foot path. Mr. Mears retired at 8:00 P. M. Mr. Earl Outhet met with the Board. He stated that the Little League is coming to Lexington next year, and the Lions Club is going to sponsor a team for which they must raise some fuhds. He mentioned the Merchants Exhibit to be held November 13th and 14th and said that the Lions Club would like permission to use a sound truck. The Chairman explained that the Board does not want to be unco-operative, but it is deluged with requests for the use of sound trucks and has re- fused them except in some very extraordinary cases. He said that the Board is not in favor of granting this request. Mr. Outhet said that the Club intends to have two boats on display and asked permission to locate them in the driveway or on Cary Lawn. Mr. Gay suggested using the parking area in the rear, and Mr. Outhet said that they had not thought of that. Mr. Outhet retired at 8:06 P. M. Mr. Stevens reported that he has talked with Mr. Broadhurst who told him that when he received a taking order he wrote to Dr. Barnes that he had it and was going to talk with Town Counsel but would first have to know what Dr. Barnes had in mind. As yet, he has never heard anything from the doctor. He also informed Mr. Stevens that, when he met with the Board some time ago, he was representing Dr. Barnes and Mr. Buttrick, but he has not heard any- thing in the meantime. 377 Sound truck Barnes' claim Mr. Stevens reported that he has a claim against the Town on behalf of Emma J. Lannefeld. It is made in her name, but it is in the hands of the insurance company who paid her for damages to Blasting her foundation wall which was alleged to have been Claim caused by blasting. He said that it is a claim against the Town of Lexington Water Department in the sum of $828.50 for damage alleged to have been caused by blasting, and they will have to prove negligence. He said that only a Town Meeting can authorize settlement of a claim beyond $300. 378 Petition was received, signed by over 100 registered voters, requesting the insertion of an article in the warrant which You'd amend the Zoning By-law by adding to the C-2 district an area located on Bedford Street, now in an R-1 district. Mr. Burns said that sewer betterment assess- ments were levied against two parcels of farm land and one house lot owned by Jerry Cataldo on Bow Street. At some time in the discussion, Mr. Cataldo Cataldo understood the assessment on the farm land would be interest deferred without interest, but this was never done, abated and he has now received a bill for interest amount- ing to $55.60. Mb. Cataldo is opposed to paying the interest but will pay the entire assessment in one payment. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to abate interest, billed to Ciriaco Cataldo, in the amount of $55.60. Mr. Gay brought up the subject of sand being spilled on the streets due to overloaded sand trucks, and the Chairman was authorized to con - Sand tact the Chief of Police and ask him to instigate trucks another campaign to control the situation. Petition, signed by six residents of Bartlett Avenue, was received requesting the construction Bartlett Ave. of a sewer in Bartlett Avenue from the new M. D. C. sewer trunk line to Lowell Street. Mr. Burns explained that he asked these people to have a request in by the fifteenth and that he would prepare an assessment sheet for the property owners to sign. The return of the signed assessment sheet would determine whether or not the sewer is installed. Messrs. Burns and Stevens retired at 9:15 P. M. Letter was received from Edward J. McCaffrey, Postmaster in Concord, requesting permission, on behalf of the National Association of Postmasters of the United States, to install a temporary pub - Public lie address system on the Common for use the address afternoon of Monday, October 13th. It is esti- system mated that 2500 postmasters will visit the Green on that day. The Board was in favor of granting the request. A second letter was received from Mr. McCaffrey inviting the members of the Board to attend cere- monies on the Common, Monday, October 13th at 3:00 P. M. w s 0.4 1 379 Letter was received from Mr. Harry Jones, 7 Williams Court, Somerville, accepting the Board's price of $50 for Lot 70 Brandon Street. Mr. Gay moved that a proposal to sell the lot Tax title be advertised in the Lexington Minute Man and that property further consideration be given the offer at the next meeting of the Board. rdr. Reed seconded the motion, and it was so voted. Further consideration was given to Mrk.Marion B. Steeves' offer of $300.00, plus water betterment assessment of $75 for Lot 57 Grandview Avenue. A proposal to sell the lot was advertised in the Lex- ington Minute Man on October 2, 1952. No persons Tax title contacted the Selectmen's office as a result of the property advertisement. Mr. Emery moved that the offer be accepted and that Lot 57 Grandview Avenue, Lexington, be sold and conveyed to Mrs. Marion B. Steeves. Mr. Gay seconded the motion, and it was so voted. Letter was received from Mr. W. C. Casey, 1063 Massachusetts Avenue, on behalf of the Sacred Heart Women's Club, requesting permission to hold a rum- Rummage mage sale at the Barnes property. sale Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to grant the request. Letter was received from Mrs. Ann L. Culbertson, on behalf of the American Legion Auxiliary, request- ing permission to erect a booth at the corner of Massachusetts Avenue and Meriam Street on April 19, 1953. The Chairman was authorized to acknowledge the letter and advise Mrs. Culbertson to reiterate her request some time after the first of January, 1953. The Chairman read a letter from Miss Dorothy L. Colby, 19 Pine Knoll Road, in regard to a Nativity Scene that a group is planning to have on the Com- mon for Christmas. Apparently the group is not re- questing funds directly. They will supply the Christmas building and figures and set it up, but they want the Town to store it and provide protection while it is on display. The Chairman was authorized to advise Miss Colby that the Board suggests having a cover for the front of the building and further that the Town can- not assign police officers because of the limited number, but will do everything possible to co-op- erate. Mr. Emery suggested the use of volunteer auxiliary police. April 19th 380 Edison Way Upon motion of Mr. EMery, seconded by Mr. Gay, it was voted to grant a Sunday Movie License to the Lexington Amusement Company, 1794 Massachusetts Avenue. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following uses of halls, free of charge. Little League Baseball 4-H Club Legion Auxiliary V. F. W. Auxiliary Lex. Choral Society Estabrook Hall Oct. 9th Estabrook Hall `" 20 Conference Room „ 20 Conference Room '" 22 Cary Hall Dec. 12 The Chairman reported that he went to see Mr. William Ballard in regard to Edison Way. Last May the Chairman wrote to Mr. Ballard and asked him if he would try to negotiate with the.property owners and see if they would make a deed of gift according to the Planning Board's suggestion. No reply was ever received to that letter. Now Mr. Ballard has told him that he went to see the owners, and they will have nothing to do with such a plan. The Chairman said that there is the question of whether or not the Board wants to try once more and ask the Planning Board to go along with the Selectmen on the matter or to say definitely that they are not willing to go along. He said that if the Planning Board definitely does not want to go along with the Selectmen, the matter should be presented to Town Meeting and be decided upon by the Town Meeting members. Mr. Emery suggested,and the Board Agreed, that the Chairman clear this with the Chairman of the Planning Board. The meeting adjourned at 9.35 P. M. A true record, Attest: �''Y1ler SELECTMEN'S MEETING October 14, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen►s Room, Town Office Building, on Tuesday evening, October 14, 1952 at 7:00 P. M. Chairman Nickerson, Messrs. Gay, Driscoll and Reed were present. Mr. Stevens, Town Counsel, and the Clerk were also present. Mr. Emery arrived at 7:20 F. M. Letter from Mr. Carroll, Town Clerk, re an action of contract, Massachusetts Broken Stone, against S. Cali Construction Company for 01,000. was noted and placed on file. The Town Clerk had also sent the same information to Town Counsel. The Chairman read a letter from Richard D. Tracey, 5 Butler Avenue, asking that the restrain- ing order issued by the Board in 1949 on his dog be released. He claimed that the suit with the complainant has been settled and enclosed a letter from his attorney which stated that he had re- ceived a release and an Agreement for Judgment and Judgment Satisfied. Mr. Stevens stated that the Selectmen had issued'a restraining order because they thought the dog dangerous because of the fact that it had bitten somebody. Mr. Driscoll said that he would not vote to release the order because, once a dog has snapped at someone, it is very probable that he will do it again. Mr. Stevens recommended advising Mr. Tracey that the action of the Board was taken after it reached a conclusion on evidence that the dog was dangerous, and there is no relation as to Whether the claim is settled or unsettled. The Board was unanimously in favor of keeping the restraining order in effect. The Chairman read a letter from James E. Collins, Welfare Agent, requesting an appropria- tion at the November Town Meeting of $2500 for General Relief. According to Mr. Collins, there will be balances in the Old Age Assistance, Aid to Dependent Children and Disability Assistance accounts, but they could not be transferred to General Relief. Mr. Stevens informed the Board that unex- pended balances of the Town can be transferred if approved by the Appropriation Committee. 381 Tracey dog Funds needed for General Relief Acct. 382 The Board was in favor of a transfer rather than to request additional funds at the Special Town Meet- ing in November. Letter was received from the Board of Retire- ment, together with a copy of Chapter 781, effec- tive February 12, 1952, pertaining to increases Retirement applicable to certain members of the Lexington increases Contributory Retirement System. If the Act is accepted by the Town, it will increase the Retire- ment payroll approximately $2,000 per annum. The Chairman said., and. the Board agreed, that this subject is one that should be studied and the Board should determine whether or not it is some- thing to be presented to a Town Meeting. The Board agreed that it should not be included in the warrant for the Special Town Meeting in November, but, if presented to the Town,. should be presented at an Annual March Meeting. Mr. Stevens reported on the Lannefeld claim and informed the Board that the best he can do, without bringing suit, is 50% of the claim. The Lannefe.d amount the insurance company paid is $828, and. they claim will take half. He said that, if it is the concen- sus of opinion to try and settle the claim, an article would have to be inserted in the warrant, as the Board does not have authority to settle an amount in excess of $300. Mr. Burns arrived at the meeting at 7:35 P. M. The Chairman asked if he would be willing t o settle for $300, and he replied in the affirmative. The Chairman requested, and Mr. Stevens agreed, to contact the insurance cogipany and advise them that this is something very difficult to present to a Town Meeting, and, furthermore, that it would have to wait until the Annual Meeting in March, and to suggest that settlement for $125 less be made. The Chairman informed the Board that additional funds will have to be requested to complete the Sunnyfield Sewer Project, and, following a discus- sion of the subject, it was agreed to borrow the $1800 required, plus $5,000 for the Woburn Street water project, rather than request a transfer from the Excess and Deficiency Account. Possible trans- fer from this Account for the School Department and Veterans Memorial Library was taken into considera- tion. Mr. Stevens retired at 7x55 P. M. Mr. Burns gave the following report on sewer, water, streets and services. 1 383 Sunnyfield Sewer Contract #2; Quinton Vespa-- Authorized to borrow $210,000 and $2,552 was trans- ferred. Contract let at $149,600. To date, includ- ing engineering, $89,600. worth of work has been done. In order to complete, will need $116,000. Adding the retaining percentage, $124,133: and $106,180 which leaves a shortage of $17,953. Sewer Sundry Streets --Made up of $60,000 approp- riation $75,000 to come from the M. D. C. and a mar- gin of $5,000. Had $140,000 estimated and based what would be done on what would be received from the M. D. C. To date has spent $56,000 and it will take about $73,200 to complete. On that he has $77,600 on hand which leaves approximately $5,000 to the good. Woburn Street Water -1110,000 authorized of which $52,000 was appropriated, 17,000 left over and author- ized to borrow $40,000. The contract and engineering is about $74,000 and that is about what the project ran which leaves a shortage of $5,000. Street construction --It looks as if he will run over about $5,000 but would prefer to wait on this until the end of the week. Authorized bonding $335,000; have bonded $255,000 and also had $5,000 difference to make up on the sewer sundry streets, so, counting that as a gain, that is ',:5,000 less on the borrowing. From that he has to take $18,000 for Sunnyfield and $5,000 on Woburn Street which is $23,000 from $85,000 or $62,000. This does not include the streets. Services --There are 171 sewer services done to date; 24 paid for, not done; 100 requests for which no deposits have been made. That means 124 services at the present time at $130,each, making a total of $16,100. There is approximately $11,000 in the budget which leaves a shor- tage of $5,000. Of the 100 there are probably 50 from the Manor. There are ten more weeks left, and he said that doing ten a week would be a lot. However, 24 ser- vices does not justify another machine, as it costs almost $1.50 a foot more to have the services done by contract. On this alone, he is short $5,000, but 50 of the services may very well not come ih. Water Services --There are 304 done, deposits for 28 and requests for 46 as of today. Last Friday received request for 34 in the Kelley development, 24 in Couette's development and 40 in Carrig's. The ones he has remain- ing to do, 74 at 85; 94 at $80 and miscellaneous is $17,210. He has $12,800 and there is no doubt in his mind about 74. Whether or not Carrig's will be done he does not know. Kelley's development will definitely be done, and there are 208 services. 384 The Board felt tha t the money necessary in this category could be transferred from the Reserve Fund. A letter, together with money order in the sum of $30, was received from Joseph Britt, Main Street, Acton, for an old grinder at the Public Works Build- ing. Sale of Mr. Burns recommended selling the grinder and grinder agreed to check to determine whether or not the price offered is enough. It was left to his dis- cretion to dispose of the unit. Two letters were received from John C. McFar- Tree land, 481 Concord Avenue; one requesting the re - removal moval of a tree and the other requesting the in- stallation of a street light. Mr. Garrity is to submit a report with refer- ence to the removal of the tree. Inasmuch as there are no funds for street lights Street this year, the request will be considered in the 1953 light budget and reviewed with other request for street lights in July, 1953. Letter was received from Mr. Marchese, 59 Hill- crest Street, requesting the installation of three Street street lights. This request will be oonsiderdd in lights the 1953 budget and reviewed in July, 1953. Letter was received signed by five residents of Five Forks area, complaining about equipment owned by Brox being parked on a residential lot owned by Mr. E. J. Lowry.. Mr. Burns explained that the equipment must be Complaint moved by now, as it was there only during the time work was being done on Barrymeade Drive and Wilson Road. Tax title property Letter was received from Frederick G. Disney, 7474 Mohawk Avenue, Ft. Worth, Texas, with refer- ence to water bills for his former residence at 41 Woodcliffe Road. Mr. Burns agreed to acknowledge the letter, a copy of which was given to him. Mr. Burns retired at 8x55 P. M. Further consideration was given to Mr. H. F. Jones' offer of $50 for Lot 70 Brandon Street. A proposal to sell the lot was advertised in the October 9th issue of the Lexington Minute -Man. No persons contacted the Selectmen's office as a result of the advertisement. 1 885 Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sell and convey Lot 70 Brandon Street to Mr. Harry F. Jones, 7 Williams Court, Somerville. Letter was received from Mrs. Ann Culbertson, on behalf of the American Legion Auxiliary, request- ing permission to conduct Poppy Days on November 7th Poppy Days and 8th. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the request. Letter was received from Rev. Francis J. Murphy, on behalf of the Sacred Heart Parish and St. Brigid1s Parish, requesting permission to conduct a Paper Drive Paper Drive on Sunday, November 2nd with the privilege of conduct- ing it at a later date in case of inclement weather. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following uses of halls: League of Women Voters Richard F. Jackson Mdsx. Cty. Farm Bureau Lex. Council of Churches Conf. Room Meeting Oct. Estabrook Hall 4-H m Oct. Cary Hall Dinner Oct. Cary Hall Thanks- Nov. giving Service All uses were granted free of charge with the ex- ceptioh of the Middlesex County Farm Bureau for which a charge of $35 is to be made. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant a Sunday Movie License to the Lex- ington Amusement Co., Inc. The Chairman informed the Board that Mr. Walker, Town Accountant, told him that he is going to devote himself to politics and mould like to come back to work November 7th. The question of the number of 1952 Town Reports to be printed was considered and the Clerk was instruc- ted to obtain bids on 800 or 900 copies. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign the Warrant for the Presidential Election to be held November 4, 1952. The meeting adjourned at 9:10 P. M. A true record, Attest: erk Uses of Halls 22 24 2.9 25 886 SELECTMEN'S MEETING October 20, 1952. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, October 20, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. Mr. Burns, Suptt of Public Works, and the Clerk were also present. Letter was received from Daniel J. O'Brien,_ 21 Woodcliffe Road, requesting the installation of a traffic sign coming in from Spring Street. Mr. Burns reported that he has placed all the signs he had but has some on order. Traffic The Board agreed that this is a dangerous area Sign due to the fact that there are a number of small children and upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to authorize the Suptt of Public Works to have a sign installed as soon as the order is received. The Chairman read a letter from Mr. E. T. Berg- lund in regard to a culvert on Tavern Lane. The letter was given to Mr. Stevens who agreed to con- tact Mr. Robert Holt in an endeavor to obtain some Culvert in information as to when the culvert was put in and Tavern Lane for what reason. Mr. Burns explained that it may have been put in a number of years ago when the town installed the sewer and left in as a eourtesy. He further stated that this is a private way. When Mr. Stevens arrived at the meeting the Chairman explained the situation to him and he said that he would be fearful of impairing the road and letting the town in for tort liability. The following petitions for street acceptances Street were noted and placed on file to be considered in Acceptances the 1953 budgets: Gleason Road, Hayes Avenue exten- sion, Wildwood Road, Patterson Road and Holton Road. Insurance Commission The Chairman read a letter from Brewer and Lord advising that at the present time there is a sum of $683.22 representing commission due to the various insurance agents on the Fire Insurance policies. The Chairman was authorized to instruct Brewer and Lord to proceed with the distribution of the money according to the percentages listed in the communication. 1 The Chairman read another letter from Paul R. Keeler, 71 East Street, regarding the strip of land at the edge of his property. Members of the Board viewed the property an Keeler he claimed the town had removed all the loam and Claim it is impossible for him to succeed in growing grass on the plot. The Board was of the opinion that Mr. Keeler has no claim and the Chairman was authorized to contact him. Messrs. Stevens and Burns retired at 7:35 P. M. 387 Chief Rycroft and Messrs. Peter Kozelj and Paul E. Furdon, applicants for the positions of patrolmen met with the Board. Notification from the Division of Civil Ser- vice stated that Mr. Kozelj has been given credit as'a disabled veteran and must be appointed and employed in preference to all other persons, includ- ing veterans. The Chief stated that he had inquired about Mr. Kozelj's disgbility, and it was a cast - very Police minor. Appointments Mr. Driscoll inquired how soon the men could go to work if appointed. Mr. Furdon said that the First National Stores expect him to leave any time. The Chief explained that Mr. Kozelj's firm is moving to Canada, and told the men if they had an opportunity to make a change, they could leave any tide. He suggested that the appointments be made effective October 31, 1952. The group retired at 7:50 P. M. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was unanimously voted to appoint Peter Kozelj, 983 Waltham Street and Paul E. Furdon, 822 Massachusetts Avenue, as patrolmen in the Lexington Police Depart- ment, effective October 31, 1952. At 8:20 P. M. Chairman Roeder, Messrs. Sheldon, and Fitzgerald, Fire Commissioners, met with the Board and, at the suggestion of Mr. Emery, Mr. Stevens was requested to return to the meeting. Mr. Roeder said that he called the Chairman the other evening to let him know about what the Commis- sioners consider, two bad accidents; one was the ladder, and the other involved Mr. Govan. Be said that they will both run into some money. 388 He read a report about the accident in which Mr. Govan was injured, and it was given to Mr. Stevens. He said that the Commissioners felt this accident was due to negligence, but, inasmuch as there are no rules and regulations available to the men, no charges are to be preferred. Mr. Sheldon said that there were no instructions issued to Lieutenant Spellman telling him how to handle the gun. Mr. Roeder said that he hasreports from all of the men at the scene, and no one actually saw the accident happen becuase they were watching the pump gauges on the truck. Mr. Govan told Mr. Roeder that he saw the deck gun start to move, and he attempted to hold it down. The Chairman asked if Lieutenant Spellman were Fire instructed as to that rate of speed the pressure Department could be raised to 200, and Mr. Roeder said that Report on normally, if the gun were pointed at an angle, it Accidents would not make any difference. At the time in question it was horizontal, and there was a tenden- cy to push back. Mr. Gey asked if the Commissioners Pelt'thht<:. there wail anything defedtive about the gun, and Mr. Roeder replied in the negative. The Chairman asked if the Commissioners had arrived at a definite recommendation on this incid- ent, and Mr. Roeder replied that they have not had a meeting since the report was compiled. Mr. Sheldon explained that the reason for the meeting with the Selectmen this evening is to dis- cuss the matter with the Board before the Commis- sioners have another meeting. The Chairman said that it is entirely within the province of the Commissioners to handle this but he would be interested to know as soon as it is determined how badly Mr. Govan is hurt and what the situation will be in this regard. Mr. Driscoll asked if Lieutenant Spellman is the regular drill master, and Mr. Roeder replied that he is one of them. Mr. Sheldon said that the Commissioners seem to be dealing with a situation where there is no violation of instructions because there were none, and it appears about the worst accusation that can be made would be failure to take precautions which might have occurred to the man but didn't. Mr. Emery said that he is concerned with the possibility of this man suing the town; the fact that there•were no rules or regulations might be a claim for damages. Mr. Stevens said that the Statute says the town shall reimburse for damages including medi- cal expenses and hospital expenses in an amount approved by the appointing authority. When the Board of Fire Commissioners set the amount the 1 ._Ft YS 1 town has to pay it. Mr. Emery asked if the amount could be contested by the injured man, and Mr. Stevens replied in the negative. He said that the Supreme Court has upheld the Statute. Mr. Emery asked if the legal limit of the Man's recovery from the town would be set by the Fire Com- missioners, and Mr. Stevens replied in the affirma- tive. Mr. Gay asked if this man's recourse is the amount set by the Fire Commissioners, and Mr. Sheldon replied in the affirmative. The Chairman said that the expenses would be Mr. Govan's pay, which he assumed would go on, his hospital expenses and doctor's bills. Mr. Emery inquired as to khat would happen if the doctor told the man he would not ful]- recover, and Mr. Stevens said that he could apply for retirement, but could not get any more damages than allowed by the Fire Commissioners. Mr. Roeder said that he has asked Dr. Pious for a complete report to be attached to the file on the case. Mr. Fitzgerald said that he had checked with six different people at the drill, and there is not one man who can tell what the pressure was at the time of the accident. A Mrs. Ward, coming out of the Station, was the first person to see it. Mr. Sheldon said that the Commissioners have a re- port from every man present at the time and submitted a questionnaire to Lieutenant Spellman because they were not entirely satisfied with his report. The Chairman said that the Selectmen have the report and are concerned with the man's condition and would like to know about his condition as soon as it becomes definite. He said that, if there is any subsequent suit, it will be directed against the Lieutenant, and it would seem.unlikely that such a suit would be forthcoming. Mr. Roeder said that he talked with Mrs. Govan, and she is only interested in how they are going to pay the doctor's and hospital bills. Mr. Roeder then read a report on the accident which occurred at the Munroe School in which the Ladder #1 was involved. He explained that each year during the Fire Prevention week the Department usually gives the schools some type of demonstration. They were not going to do it this year, but received a request for a demon- stration and started on Thursday. In going from one school to the other Deputy Chief Cook told the men not to bother taking off the escape hatch and leave it for the next school. This was done in order to save time. During the demonstration a box came in, and Engineer Cook left for •the fire. If the escape hatch had been left on at the previous school, the accident would not have occurred. 389 390 The Chairman asked what the Commissioner re- commended, and Mr. Roeder replied that the private was following instructions given by the Chief En- gineer. Mr. Sheldon said that the Commissioners would discuss the matter with the Chief Engineer and he does not think that the man in charge of the ladder should be criticized. The Chairman said that this incident is en- tirely an intermural affair of the Commissioners. The group retired at 9:00 P. M. Further consideration was given to Mrs. De- Lorenzo's verbal request for abatement of street betterment assessment 1.evied against Lot 116 Cary DeLorenzo Avenue. Street The Board viewed the property, received a re - Betterment port from Mr. Jackson, Health Sanitarian, and was of the opinion that the lot has definitely been bettered and there is no justification for abate- ment. Tax title Uses of halls Further consideration was given to Mrs. Vali- hurats offer of $70 for Lots 42 and 44 Valleyfield Street. Because of drainage in this area, involving easements, the Board authorized the Chairman to ad- vise Mrs. Valihura that these particular lots are to be retained by the town. Upon motion of Mr. Driscoll, aedonded by Mr. Gay, it was voted to grant the following uses of halls: Lexington Boy Scouts Cary Hall Nov. 29 05.00 Alcoholics Anonymous Estabrook Nov.716 free Chamber of Commerce Cary Hall Nov. 10 35..00 The Chairman reported that Mr. Vernon Page called him today and informed that he, Lee Tarbox and David L. Peirce are composing a letter to be Package sent to all the churches ih town in an effort to in - Stores fluence the people to vote against liquor licenses. He wanted to know if the members of the Board of Selectmen would be among the signers of the letter. Upon motion duly made and seconded, it was Sign voted to sign the warrant calling a Special Town Warrant Meeting to be held on November 17, 1952 Upon motion of Mr. Gay, seconded by Mr. Reed, License it was voted to grant a Sunday Movie License to the Lexington Amusement Company, Inc. 1 1 Letter was received from the Lexington Chamber of Commerce requesting permission to decorate the center, at the Christmas Season, with colored lights, also permission to broadcast Christmas music and place an illuminated tree at the junction of Massachusetts Avenue and Pleasant Street. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the requests providing the Chamber of Commerce will keep its activities in keep- ing with the proposed religious observance to be held by a group of representatives of all the churches. The Chairman said that he would advise the Chamber of Commerce to contqct Mrs. Colby in this regard. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sign an instrument prepared by Town Counsel, a partial release of land from water better- ment assessment, including land of Charles W. Ryder, Lot No. 1, Cary Avenue. The meeting adjourned at 9:35 P. M. A true record, Attest; 391 Christmas Lights Sign par- tial release 392 SELECTMEN'S MEETING October 27, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, October 27, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay and Reed were present. The Chairman read a letter from the State Department of Public Works to which was attached a contract for Chapter 90 work in Hill Street. Mr. Emery questioned signing any contract until slope easements are received from the abut- ters. However, when Mr. Burns arrived at the meet- ing later on in the evening he explained that there are no easements involved. Mr. Emery asked if there were any slope ease - Hill Street ments or other easements involved, and Mr. Burns Chapter 90 replied that there is one on Milk Street, but he Contract does not think they will get to it this year. Mr. Stevens asked if this contract would go that far, and Mr. Burns replied that he doubted very much if it would. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign the contract for complete drainage in Hill Street, with the understanding that it will be done under Mr. Burns' direction. Street Lights Maple Street Tree Removal License Petition was received signed by several resi- dents on Maple Street requesting the installation of street lights through to Lowell Street.. Inasmuch as the appropriation for 1952 has al- ready been allocated this will have to be consid- ered when the 1953 budgets are discussed and, if acted upon favorably, be given further considera- tion subsequent to July first. Further consideration was given to Mr. Mac- Farland's request for the removal of a tree from in front of his property at 481 Concord Avenue. The Board was of the opinion that the tree, although not in perfect condition, was too good to destroy and therefore voted to deny Mr. MacFarland's PecAlOst to have it removed. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant a Sunday Movie License to the Lexington Amusement Co., Inc. 1 1 Application for a Junk Collector's License was received from Vernon S. Rivet, 135 Burlington Road, Bedford. The Chairman ,read a report from the Chief of Police advising that on January 17, 1949, the appli- cant was in Concord District Court for collecting junk without a license, was fined $20.00 and ap- pealed. On May 22., 1951, he was in Concord Court again for collecting junk without a license. Both offenses occurred in Acton. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to deny the application. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the following uses of halls: 4-H Club Conf. Room Lex. Boys' Club Estabrook Knights of Columbus Cary Hall 11/6 11/20 12/27 free free $35.00 Application from the Lexington Counseling Ser- vice for permission to conduct a brief meeting ("'to vote to adjourn to a later date") in a Conference Room on Monday, November 17th, was denied. Application was received from James E. Collins, on behalf of the Lexington Boys' Club, for permis- sion to conduct a Paper Drive on Sunday, November 16th; Mr. Collins being aware of the fact that Arch- bishop Cushing's Drive is scheduled for November 2nd. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the request. The Chairman reported that Mr. Lindstrom in- formed him that he has not had a vacation since he took his job, and decided that he wants one this year. He made arrangements with a retired inspector from Watertown to take over the inspections during his two weeks absence, but the man died. He informed the Chairman that the State has approved Lester Andrews as a Plumbing Inspector, aid Mr. Hallett has agreed to take over the Building inspections. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to pay Messrs. Andrews and Hallett during Mr. Lindstrom's two weeks vacation. The Chairman read a letter from Chief Rycroft in regards to an attempted break which occurred Satur- day night at Bradford's Garage on Bedford Street. 93 Junk License Denied Uses of Halls Paper Drive Bailding and Plumbing Insp. vacation t6' 911 Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to authorize the Chairman to send a Police letter to the Chief commending the officers; the Commendation information to be transmitted to the men in that - ever way the Chief may determine. • Letter was received from Wilbur L. Peabody, Jr., 64 Locust Avenue, President of the Pollen Hill Estates Association, requesting a member of the Board to attend a meeting on November 18th to discuss legal rights and responsibilities of pri- vate roads and town roads. It was suggested that the Chairman advise Mr. Peabody that the Board is unpaid and, in view of the numerous requests of associations and groups Pollen such as his, if one invitation is accepted, all Hill invitations would have to be, and the members of Assoc. the Board would not have an evening to themselves. It has, therefore, adopted the policy of not at- tending such meetings. However, any information that a group may desire can be obtained from the Board for from Mr. Burns, if the request for in- formation is submitted. Mr. Emery suggested that the Town Counsel attend this particular meeting inasmuch as he lives in the neighborhood, and, when he arrived at the meeting, agreed to do so. Mr. Burns arrived at the meeting at 7:30 P. M., and he requested permission to purchase a Purchase of sand spreader. He explained that he had received Sand Spreader two bids; one for 01,635. and one for $1,670. Mr. Emery asked if he has funds in his budget and he replied in the affirmative. Mr. Burns brought up the subject of sewer installation in Franklin Road to service the last two lots on the road, and said that it will involve about $1,80(4;; and:'tha, assessments will be between $1,100 and $1,200. Mr. Emery asked who had petitioned for the sewer, and Mr. Burns replied that it was Mr. Baskin. Mr. Emery asked if he had funds in his bud- get, and he replied in the affirmative. Mr. beery asked if the work wpuld be done for houses that do not exist, and Mr. Burns replied that building permits have been applied for. Mr. Emery asked why the Board should impose a financial burden on people who have been here for years and who do not want the sewer. Sewer in The Chairman asked if Mr. Burns thought even - Franklin tually when this area is built up and Reed and Road Kingsley continue the use of the cesspools a bad condition might exist. �6� Mr. Burns said that he thought within six months after the houses are completed there will be requests for the sewer. He said that he does not know how either of these houses are getting by now. The Chairman suggested that Mr. Burns contact Mr. Baskin and advise him that the Boa d might ap- prove the installation if there is not too much ob- jection from the abutters and ask Mr. Baskin to cir- culate his petition. Mr. Stevens arrived at the meeting at 7;50 P.M. Letter was received from Manuel Souza, 5 Gil- man Terrace, Somerville, requesting the extension of a water main in Eastern Avenue from School Street. The arrangement for supplying water to the houses on Eastern Avenue is strictly private, made between the neighbors, and the Board does not want to interfere in a private line. Letter was received from Roessler & Sons Inc., 117 Salem Street, Woburn, quoting a price of $215. to remove paint from the Minute Man monument and to clean same. Letters were also received from F. F. McGann & Sons quoting $2:65 to work on the Minute Man Bas - Relief Memorial and $235 to apply a new bronze patina color tone lacquering the background and waxing at the site of the Captain Parker Statue. Mr. Stevens agreed to inquire about trust funds that might be availablefor this work. The Chairman was authorized to proceed to have the work done if the money is available. Mr. Burns retired at 8;15 P. M. and Messrs. Burke and Barrett, representing the Chamber of Com- merce, met with the Board. Mr. Burke explained that the Chamber of Commerce is going to put on another Christmas promotion hav- ing to do with retail sales. They would like to land Santa Claus in a helicopter within the Town limits and would like to have him within a short distance from the shopping area and have selected the Common as the site. He would distribute candy and movie tickets to the children and then parade to the center with two bands - the High School Band and a band from the Murphy General Hospital. The date for the pro- posed activity is Saturday, December 6th. The Chairman said that the Board has a particu- lar regard for the Common and has always tried to keep anything commercial away from it. He said he thought it might be feasible to land a helicopter on the Common but was sure the Board would not approve. 395 Eastern Avenue Water Cleaning Monuments Chamber of Commerce Christmas Retail Plans 396 Culvert Tavern Lane He reviewed the tentative plant to have a creche on the Common this Christmas and suggested that the Chamber of Commerce land the helicopter on the ball field. It was concluded that the Chairman would contact Doctor Foley, of the Recreation Committee, and, if agreeable, contact Mr. Burke re landing the helicopter on the enclosed field. It was also suggested that the route of the parade be deter- mined as late as possible due to the fact that the New England Telephone Company may be digging Mas- sachusetts Avenue up from Clarke Street to Harring- ton Road. Messrs. Burke and Barrett retired at 8:25 P. M. Mr. Burns r eturned to the meeting at 8:40 P. M. Mr. Stevens reported that he had talked with Mr. Holt in regard to the culvert on Tavern Lane and was advised that he sold the land to Berglund but made no representations to them about the cul- vert. Mr. Stevens said that if the Town is providing drainage for land, it is something different than repairing a road. He stated that, if the road is passable and all the Town is doing is draining the land, he did not think it would be considered as re- pairing the road. Mr. Burns said that Tavern Lane was laid out. When the Town went through with the sewer, a con- struction road was built and no problem was created until a house was erected. He said that, if the culvert pipe is fixed, Mrs. Berglund will insist upon having the road repaired to her satisfaction. Mr. Stevens said that the Town cannot make re- pairs to the road, and the Chairman said that she would have to be informed that the Board does not believe it is the townTs responsibility, and, if she wishes to press the issue, she will have to take legal measures. He asked if the Board wanted to authorize the expenditure of $50 or am in an effort to correct the situation, but no action was taken. The Chairman reported that he and the Chairman of the Planning Board, together with representatives of the Recreation Committee visited the area in the vicinity of Grassland Street which the Committee would like to acquire and develop as a play area. The Committee wants to acquire five lots with the possibility of four more and the lots are 501 x 2501. Of the five lots, two are owned by the Town. He asked Doctor Foley to present the Board with a concrete plan and find out from the owners if they would dispose of the lots and if so at what price. The Meeting adjourned at 9:10 P. M. erk 397 SELECTMEN'S MEETING November 3, 1952. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday, November 3, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. Mr. Frank Cole, Jurors 41 Kendall Road and Mr. Alex Traill, 905-B Massachu- setts Avenue, were drawn. Mr. Carroll retired at 7:05 P. M. Petition was received, signed by residents of Wilson Road, requesting the Town to plant trees on Shade said road in the Spring of 1953. Trees Consideration will be given the request when the 1953 budgets are discussed. The Chairman read a letter from Amos J. Carver reiterating his request of May 2:9, 1951, for the in- stallation of a water main to service his property located at the corner of Blossom Street and the Con- cord. Turnpike. Mr. Emery suggested that the applicaht might expedite the installation if he would pay the entire cost. When Mr. Burns arrived at the meeting he informed the Board that it would cost approximately $1100.00 for the installation plus 4150 each for the two con- nections. The Board did not feel justified in recommending the expenditure of this amount of money for a specu- lator and authorized the Chairman to so advise him and suggest that he could consider installing the mains and services at his own expense. The Chairman read a letter from Bradford Motor Co. requesting approval of the construction of a new concrete approach to the service station location Bradford which will necessitate removal of a tree. Tree Mr. Burns was instructed to check the area and Removal report to the Board next meeting. The Chairman read a letter from Bradford Motor Co. commending Officers Burdick and Nutt for pre- venting an attempted theft which occurred on October 25th. 398 License F Uses of halls Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant a Sunday Movie License to the Lexington Amusement Co. Inc. Application was received from the Lexington Allied Veterans' Council requesting the use of Cary Hall on November 11, 1952, for Armistice Day exercises from 8;00 A. M. until noon. Mr. Driscoll 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 School Department requesting the use of Cary and Estabrook Halls on Friday, May 8, 1953, for the annual school concert. Mr. Driscoll moved that the use of the hall be granted subject to a charge of $35. Mr. Gay seconded the motion and it was so voted. Application was received from the V. F. W. Auxiliary requesting the use of a Conference Room on Wednesday, November 12th. Inasmuch as the Chamber of Commerce has engaged Cary Hall for an exhibition to be held on this date, the Board was not in favor of granting the application and sug- gested that the group apply for another date. Application was received from John H. Judge on behalf of the Lexington Civic Group request- ing the use of Estabrook Hall on November 12th for a meeting. This request was also denied because of the fact that the Chamber of Commerce has en- gaged Cary Hall for its exhibition. Application was received from the American Legion Auxiliary for the use of a Conference Room on Monday, November 17th. This request was denied because of the fact that the Special Town Meeting is scheduled for that evening. Mr. Burns, Supt of Public Works, arrived at the meeting at 7:35 P. M. He reported that Mr. Baskin circulated a Franklin petition for the installation of a sewer in Frank- Road lin Road and secured the signatures of all the Sewer abutters, including Mr. Reed and Mr. Kingsley. Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to proceed with the installation of a sewer in Franklin Road. Mr. Burns discussed the proposed water and sewer projects for the Town of Bedford and re- ported that it has finally been decided to extend 1 399 the sewer up to Hamilton Road; Lexington to receive the difference in the cost of the two lines. He informed the Bedford group that Lexington is ask- ing $50,000, but he thought Bedford had a smaller figure in mind. He stated that Lexington has an M. D. C. charge for the construction bf the sewer and an M. D. C. annual charge for the use of the sewer. He explained that he has been trying to obtain a figure from Mr. Berrigan. Mr. Burns said that Lexington should make a straight connection charge and then make a yearly charge for the use of the system. In reference to the water, he reported that it is agreed to have Bedford connect with Lexington, supply the meter and pipe through its property. Lexington would charge the same rates now being charged to the Veterans' Hospital. He explained that they have a temporary connection now, and he is charging regular commercial rates. When Mr. Stevens arrived at the meeting, the subject was reviewed and Mr. Burns said that he is not particularly interested in selling water to the Town of Bedford or to the Navy. He said that he would just as soon write the Navy and tell them that until some arrangement has been arrived at between the Navy and the Town of Bedford, Lexington would not be interested. Mr. Stevens said that he does not think the M. D. C. will stand for the Town of Lexington selling water to Bedford and then Bedford selling to Raytheon. However, the Commission would ap- prove of the Town of Lexington selling direct to Raytheon. He said that he had talked with the Bedford Town Counsel and informed him that Lex- ington wants a clarification of the subject. It was agreed that the Chairman would write to the Town of Bedford and Mr. Burns would write to the Navy. Bedford Sewer Bedford Water Upon motion of Mr. Gay, seconded by Mr. Dris- coll, it was voted to sign an order for the con- Sidewalk struction of a cement concrete sidewalk on the Order northeasterly side of Richard Road, at property o f 7 Richard Road. At 7;45 P. M. Mr. Vernon S. Rivet, las Bur- lington Street, Bedford, met with the Board in re- gard to his application for a Junk Collector's License which was denied by the Board last Week. Mr. Rivet told the Board that a friend of his in Billerica, who had a license, asked hili to help out on a job in Acton, and use his truck. The Chief of Police in Acton picked him up for not hav- ing a junk collector's license. 400 He said that the next day his friend applied for a license in Acton and it was issued to him. He explained that he would like a license in Lexington because his telephone exchange in Lex- ington, and he receives many calls from people in this town. He said that the second offense was when he cleaned out a friend's yard and took the junk to Junk Chelsea. He said that he collected junk before License going into the Navy, and he now operates a taxi business in Bedford but cannot make a living in that business alone. Mr. Rivet retired at 8;00 P. M. The Chairman polled the Board on Tuesday, and a majority of the members voted to grant Mr. Vernon S. Rivet a Junk Collector's License. Hearing was declared open upon application of Joseph F. Kelly and others, as Trustees of Kelchester Realty Trust, 25 Forest Street Place, Arlington, for a license to store 9,000 gallons of gasoline; 500 gallons of fuel oil and 500 gallons of waste oil in underground tanks and 500 gallons of motor oil; 100 gallons of kerosene; 100 gal- lons of anti -freeze; 100 gallons of alcohol in the aboveground tanks. Mr. Daniel A. Lynch, attorney for the appli- cant, a Mr. Pierce, a Mr. Kelly, -and a woman who did not give her name, were present at the hearing. Mr. Lynch explained that the property is Gasoline owned by the Kellys, Kelchester Realty Trust. He hearing explained that this would be a company-owned station; owned by the Atlantic Refining Company and will be operated by a veteran. No one present was opposed to the granting of the license. Mr. Emery asked if the only question for the Board to decide was for the issuing of a license to:>8tore gasoline, oil, etc. in underground tanks and Mr. Lynch replied in the affirmative. Upon motion of Mr. Emery, seconded by Mr. Gay,_ it was voted to grant the licanse. The group retired at 8;15 P. M. Upon motion of Mr. Gay, seconded by Mr. Emery, Chapter 90 it was voted to sign a contract for $10,965. between Drainage the Town of Lexington and George Brox, Inc. for con- struction of drainage in Hill Street. The Chairman reported that the list of per- centages of Fire Insurance, submitted by Brewer & Lord on October 15th contained the name of George W. Taylor & Son involving $3.76. Due to the fact that this coneern is now out of business, Mr. Hill would like instructions from the Board as to the allocation of this amount. 11, ,Drainage L. 1 401 Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to transfer this item to Donald M. Fifield. The Chairman read a letter from the Lexington Allied Veterans' Council requesting a member of the Board to be present at the Armistice Day exercises in Cary Hall at 10:30 A. M. Mr. Gay agreed to represent the Board if he is in Town, and Mr. Driscoll said that he thought he would be able to attend. The meeting adjourned at 8:55 Y. M. A true record, Attest: 402 ,Conduit location O'Sullivan complaint SELECTMEN'S MEETING November 10, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 10, 1952 at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. Mr. Gay served as Chairman for the entire meeting. At 7:00 P. M. hearing was declared open upon petition of the New England Telephone & Telegraph Company for permission to lay and maintain under- ground conduits and manholes in Massachusetts Avenue, northwest of Wood Street. Mr. Long, representing the petitioner, and Mr. Burns, Supt. of Public Works, were the only per- sons present at the hearing.. Mr. Long explained that this is the other end of the large job going between Muzzey Street and the Common. The proposed location was approved by Mr. Burns. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to approve the petition and sign the order for the following conduit loca- tion: Massachusetts Avenue; From manhole 54/90 located approximately 364 feet northwest of Wood Street, southeasterly and south- westerly approximately 92 feet underground. Messrs. Long and Burns retired at 7:08, and Mr. Norman O'Sullivan, 46 Winter Street, met with the Board. He stated that he moved back to Lexington about four years ago and has been bothered by damage to his property. He claimed that windows have been broken, & light post broken, storm window removed, and one time when he returned home he found that someone had broken in and started the heater going. The Chairman asked if he had any idea who was doing the damage, and he replied that he does not want to question anyone in the neighborhood. He thought it was the children in the neighborhood be- tween the ages of fifteen and eighteen. He asked if Mr. O'Sullivan notified the police when he planned to be away, and he replied that he did. The Chairman asked if anyone went into the house, and he replied that no one entered during CAW 1 1 the past four years. Mr. Nickerson asked if damage was done only to his property or if other neighbors were suffering likewise. Mr. O'Sullivan replied that the only other one he knew about was Dr. Blakely. Someone took his mail box and threw it in the surface drain. About four years ago. Someone broke into Mr. Thayer's house while he was in the hospital. The Chairman stated that the subject will be discussed with the Chief of Police in an effort to see if more adequate protection can be given the property. Mr. O'Sullivan suggested that the police ques- tion the children in the neighborhood and ask them who is doing the damage. Mr. Driscoll asked if he had talked with the Chief of Police, and he replied that the Chief was not in when he went to the Station, but he did talk to others in the Department. Mr. O'Sullivan retired at 7.20 P. M. Mr. Nickerson agreed to contact Chief Rycroft on the subject. Mr. Burns returned to the meeting. The Chairman read a letter from Joseph E. Casey, 28 Valley Road, in which he referred to a brook which runs through his property. He requested the Town to clean the brook and remove the boulders, along the side of the brook, which he claimed were left there when the sewer was installed. Mr. Emery reminded the Board that Mr. Casey purchased this tax title from the Town and was asked if he still wanted :to buy it after it had been explained to him that the Town had an ease- ment in there. He was also aware of the fact that a brook ran through the property. Mr. Nickerson made a motion that Mr. Emery re- ply to Mr. Casey's letter after the Board views the property.. Mr. Emery said that he does not believe Mr. Casey has any claim insofar as diverting the brook and removing the stones are involved, but that he may have some right in asking to have the brook cleaned. The Board is to view the property Saturday. Mr. Burns explained that he needs money for water maintenance, in which account he now has $2,000 left. He will need approximately $1500 to carry through the end of the year. He ihformed the BoardLthat 2,000 is about what it cost him for the breaks last Spring. 403 Brook on Valley Rd. Transfer 404 Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to request the Approp- riation Committee to make a transfer from the Reserve Fund tb Water Maintenance Account in whatever sum is agreed upon by Mr. Nickerson and Mr. Burns. The Chairman reported that Mr. Truesdell, who is a member .of the Board of Registrars, spoke to him about replacing the glass in the Bulletin Board in Precinct One and also providing Bulletin Boards for the other three precincts. Mr. Burns said that new bulletin boards will cost about $100 each. The Board had no objection to Mr. Burns re- placing the glass but felt that this subject is • under the jurisdiction of the Board of Registrars. Mr. Burns retired at 7:55 P. M. Mr. Nickerson reported that three members of the Board went up to Bradford Motors, 34 Bedford Street, and are of the opinion that the tree, which Tree Bradford wants removed, is in too good condition to Remotral destroy and is not causing an undue inconvenience. Mr. Nickerson was authorized to so advise Mr. Brad- ford. A short and informal discussion was held as to how the additional funds for the new Senior High School and the Veteran's Memorial Library are to be obtained. Mr. Nickerson was authorized to contact Mrs. Morey, of the School Committee, Messrs. Rowse, Bateman and Ferguson and arrange for a meeting Saturday morning at 9:00 A. M. to go over the votes for the Special Town Meeting to be held November 17th. Letter was received from Mrs. Marion B. Steeves, together with check in the amount of $375.00 for Lot Tax title 57 Grandview Avenue, a tax title lot which she pur- property chased from the Town. Mrs. Steeves said that if the Board had any reason to believe that the lot cannot be used for a residence that she would like to with- draw her offer. Mr. Nickerson was authorized to return the check and advise Mrs. Steeves that, if she desires assur- ance that she will receive a building permit, she should contact the Building Inspector, and further that the Selectmen can give no guarantee that she can build upon the lot. Letter was received from the Appropriation Com- mittee advising that the sum of $2500 has been trans- ferred from the Reserve Fund to Public Welfare - Aid 1 405 & Expenses and $3.00 has been transferred to the Build- ing and Plumbing - Personal Services Account. Letter was received from Mrs. Dorothy L. Colby, 19 Pine Knoll Road, in regard to the proposed Nati- vity creche to be placed on the Common. The sugges- tion has been made that the Sheiguid4,Joseph and the Creche on sheep be alive. The Board had no objection to allow- Common ing sheep to be kept in a building and authorized Mr. Nickerson to so advise Mrs. Colby. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant a Sunday Movie license to the Lexington Amusement Co., Inc. Upon motion made by Mr. Driscoll and seconded by Mr. Emery, it was voted to grant the following uses of halls, free of charge American Legion Aux. Conf. Room Nov. 18 Cary Lecture Committee Cary Hall Dec. 3, Jan. 14, Feb. 13, March 24 and April 14 or 16. The meeting adjourned at 8;25 P. M. A true record, Attest: 406 Casey complaint re brook SELECTMAN'S MEETING November 17, 1952. A regular meeting of the Board of Selectmen was held in the Selectmen's Romp, Town Office Building, on Monday evening, November 17, 1952 at 7:00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Reed were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Letter from Mr. Joseph E. Casey, in regard to the brook which runs through his property �n Valley Road, Was held over from last week. The Chairman reported that he had viewed the property and the brook and he thought that it might be dangerous to re-route the brook, as Mr. Casey re- quests, without acquiring an easement. Mr. Burns.reported that all the boulders now nn the property were there when Mr. Casey punchased it from the Town. Mr. Gay said that the brook was also there when Mr. Casey purchased the land and asked if ordinarily the town would take the rocks away. Mr. Burns replied that it is customary to re- move the boulders, but these were too large to move without being broken. The Chairman asked how much it would cost to drill andtemove the boulders, and Mr. Burns re- plied tha it would be about $100. Mr. Gay asked how much it would cost to re .•route the brook, and Mr. Burns replied that if it can be done in two days it will cost between $150 or $200, and if anything is done about the brook, he would;tfisist upon an easement. Thd Chairman suggested clearing away the boulders and leaving the brook as it is. Mr. Reed explained that if the brook is located back a way, there is the question of mak- ing another lot available to Mr. Casey. Mr. Emery reminded the Board that the boul- ders and the brook were there when Mr. Casey pur- chased the land, and it is not a question of money insofar as he is concerned, but the question of establishing a very dangerous precedent. However, he would not argue about whatever decision the other members of the Board might make. Mr. Driscoll said that he would like an oppor- tunity to view the property, and it was agreed to defer any action until the next meeting of the Board. 1 Letter was received from Miss Marcia Dane re- questing an appointment with the Board for the pur- pose of discussing certain facts in the handling of juvenile cases in Lexington. The Clerk was instructed to make an eight - thirty appointment for some Monday night. Letter was received from the Cemetery Commis- sioners requesting a transfer of $242 to provide funds for payment of an outstanding bill incurred for repairs to the Westview Cemetery fence, the damage having been caused by a passing truck. The Commissioners received a check in settlement but were obliged to commit it to the Town Treasurer. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to request the Appropriation Committee to transfer the sum of *242 from the Reserve Fund to the Westview Cemetery - Maintenance Account. Letter was received from Mr. Carroll, Town Clerk, requesting a transfer of $92 to the Board of Registrars - Election Expenses and $60 to the Town Clerk - Election Expenses. Mr. Carroll ex- plained in his letter that it is necessary for him to have additional funds because of the State Elec- tion, November 4th. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to request the Appropriation Committee to transfer: the sum of $92: to the Board of Regis- trars - Election Expenses and $60 to the Town Clerk - Election Expenses. Upon motion of Mr. Gay, seconded by Mr. Dris- coll, it was voted to grant a Sunday Movie License to the Lexington Amusement Company, Inc. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the following uses of halls, free of charge: Lexington Council of Churches Richard F. Jackson V. F. W. Auxiliary Cary Hall Nov. 25 Conf. Room Dec. 14 Conf. Room Nov. 19 407 Transfer Transfers rehearsal 4-H Meeting Two bids for printing the 1952 Annual Town Report were received as follows: (Five invitations to bid Frere mailed out.) Somerville Printing Co. 800 copies 900 copies 100 School reports 50 Accountant reports $4.95 per page 5.15 per page 1.65 per page 1.50 per page 408 Acme Printing Company, Inc. 800 copies 900 copies 100 copies School. reports 50 copies Accountant reports $5.50 per page 5.75 per page 2.00 per page 2.00 per page Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to accept the bid of the Somer- ville Printing Company for 900 copies of the 1952 Annual Town Report, 100 copies of the School Depart- ment report and 50 copies of the Town Accountant Report. Mr. Stevens, Town Counsel, Mrs. Morey, Chairman of the School Committee and Mr. Rowse, Chairman of the Veterans' Memorial Library Committee, met with the Board for an informal discussion of the Votes to be presented at the Special Town Meeting this evening. It was unanimously agreed that Mr. Rowse would present the vote under article four requesting funds for the Veterans' Memorial Library. Mr. Rowse suggested the appointment of a perman- ent Veterans' Memorial Committee. Mrs. Morey said that she thought if the School Committee did not properly maintain the building, the Town Meeting Members would take it to task, and Mr. Rowse explained that he did not have the present School Committee in mind, but was thinking of the future. He suggested that such a Committee might be appointed at a future Town Meeting. The meeting adjourned at 8:00 P. M. A true record, Attest: CJZI 1 409 SELECTMEN'S MEETING November 2"4. 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 24, 1952 at 7:00 P. M. Chairman Nickerson, Messrs. Gay and Reed were present. Mr. Burns, Supit of Public Works, and the Clerk were also present. Mr. Emery arrived at the meeting at 7:30 P. M. Hearing was declared open upon petition of the Boston Edison Company for location of conduits and manholes on Massachusetts Avenue,at._Grant Street and Grant Street at Massachusetts Avenue. Mr. Mahon, Conduit representing the petitioner, was the only person location present at the hearing. Mr. Mahon explained that this work is merely to piece in between manholes. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following location of con- duits and manholes; Massachusetts Avenue, at Grant Street, a dis- tance of approximately five feet. Grant Street, at Massachusetts Avenue, a dis- tance of approximately fifteen feet. Mr. Mahon retired at 7.05 P. M. The Chairman read a letter from Mr. P. A. DePaolo, 46 Forest Street, requesting the instal- lation of a sidewalk in front of his property. In- Sidewalk asmuch as there are no funds available and October request 15th was the deadline for construction requests, the subject will have to be considered in the 1954 budget. Letter was received from Streeter Stuart, 11 Crescent Hill Avenue, requesting the installation of curbing along the street in front of his property. Mr. Burns mentioned that, if the request were Curbing granted, it might encourage similar requests from request owners of the adjoining property. This request also is to be considered in the 1954 budget inasmuch as there are no funds available, and it was received after October 15th. At 7;10 P. M. hearing was declared open upon ap- plication of Bradford Motor Co. for permission to in- Gasoline crease the storage of gasoline at 34 Bedford Street hearing from 6,000 gallons to 10,000 gallons. 410 Mr. Arnold Bradford and Mr. Richard Bonzell, 397 Bedford Street, were the only persons present at the hearing. Notice of the hearing was read by the Chairman and approval indicated on the application by Captain Belcastro of the Lexington Fire Department. Letter was received from Captain Belcastro ad- vising the petitioner also desired to increase the storage of motor oil from 400 to 600 gallons and al- cohol from 150 to 400 gallons. The Chairman explained that the application for increase in the storage of alcohol should be submitted to the Board of Health. He also explained that the original application did not mention anything about an increase in the storage of motor oil and therefore was not advertised and so could not be acted upon. Mr. Bonzell said that he was in favor of having the application approved. Mr. Gay asked if there would be an increase in the number of tanks, and Mrr. Bradford replied that it would probably mean a decrease. The request is for the purpose of cutting down on deliveries. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the request and grant a license for the storage of 10,000 gallons of gasoline in underground tanks at 34 Bedford Street. Mr. Bradford referred to a request he submitted several weeks ago to have a tree in front of his prop- erty removed. He said that the tree has been partially Tree cut up by the power companies, and there is not too removal much of it.left. The Chairman said that the Board went up and looked at the tree and were of the opinion that, even if it has some holes, it is healthy. Mr. Bradford said that he would like to extend the driveway and that is why he wants the tree removed. The Chairman said that the Board would look at the tree again. Messrs. Bradford and Bonzell retired at 7:25 P. M. Water situation Mr. Burns discussed the water situation and in- formed the Board that there were two different pepprtSF: made on Lexington's water supply. The New England Fire Insurance Rating Association made a report in 1928 and also one in 1944. Metcalf & Eddy made a report in 1928 and in that report made fifteen specific recommendations. Of these fifteen, nine have been completed; end isep2o- posed in 1953, and several of the others no longer fit the situation as it stands now. Growth of the town did not take place in some of the areas they anticipated, and it has in other areas. 1 1 In the test made in 1944 they submitted six re- commendations that should receive high priority. They also had a plan in which they outlined a good many more desirable ones. Of the six, four have been done. Two that have not been done are the extension of the line on Adams Street from East Street to Merriam Street and Merriam Street from Adams Street to Massachusetts Avenue. Mr. Burns said that his comments tonight are merely in a rough,: outline form, and he will have the infor- mation typed for each member of the Board. He explained that a twelve inch main would elimi- nate the drop at the end of the hill, but would make no change whatever in the pressure. The only improvement that would show would be the fact that, when a hydrant was opened, the pressure drop would not be as great as it is now, and twenty pound pressure could be maintained. He mentioned going to a high pressure system and a low pressure system, and explained that in hilly cities the two systems are used. In -order to maintain suf- ficient water pressure at high elevations they have to pump et 150 or 200 lbs. He said that he has heard the two system proposed for Lexington, and it would mean cutting off certain lines, running new lines to cut in back of the ones gated off, with a booster pump or booster pump and elevated storage in addition to what we have. He said that, in his opinion, we do not have a sufficient number of hills to warrant it. He stated that, while the cost of putting in a twelve inch main on Merriam Hill is high, it would be little in comparison to the installation and maintenance of a separate system. In addition, there is a greater danger in gating these things off. There may be people shutting off or opening gates who do not know anything about the system whatever. Mr. Burns recommended larger size mains to reduce the gap between the static pressure and the residual pressure. He explained that, with the larger pipe, there would be less friction loss. Mr. Emery asked if Metcalf & Eddy would have brought up the subject of two platoon system if they thought it was necessary, and Mr. Burns replied in the affirmative. Mr. Emery asked what the pipe going over Merriam Hill would accomplish if it did not improve the pressure. Mr. Burns said that in 1948 he took a test at Oak - mount Circle and had a static pressure of forty pounds with the hydrant closed. If there were a twenty inch pipe, the pressure would still be forty. When the hydrant was opened the pressure would drop from forty to five pounds, but, by putting in a larger pipe, there would not be so much friction loss. A twelve inch pipe would reduce the gap between the static pressure and the residual pressure. 411 412 Mr. Emery asked if this would be merely for fire protection on 'Merriam hill, and Mr. Burns re lied in the affirmative. Mr. Burns stated that in 1944 the New E land Fire Insurance Rating Association ecommended a s xteen inch line along the Cambridge -Concord Highway up': to Spring Street with a standpipe, and a twelve inch 1 n up.Wal- tham Street up to the dorner of Marrett Road and Waltham Street. This has been diverted, at least temporarily, because growth and demand have taken place in a dif- ferent if-ferent district. They recommended a twelve inch on Maple Street which has been done. Mr. Stevens arrived at 7:40 P. M. Mr. Burns said that, with reference to next year, he would like to start at the intersection of Woburn Street and Massachusetts Avenue, up Winthrop Road to Vine Brook Road, down Vine Brook Road to the Vine Brook sewer and drain easement, along the easement to Waltham Street, then out Forest Street up to Clark, going up Clarke to the corner of Massachusetts Avenue then along Massachusetts Avenue to take the eight inch out to the intersectionof Lincoln Street, then onto the eight inch on Lincoln Street which should be replaced later. The other part is a twelve inch line at the inter- section of the Vine Brook drain easement and Waltham Street, along Waltham Street to Marrett Road to con- nect to the new twelve inch that is laying there now. Another part is to bring a ten inch from Middleby Road to Fair Oaks Terrace. There is a six inch in there now, but there is also a section where there is nothing. He said that it would be logical to start at Middleby Road and complete the circuit with a ten inch main. He stated that in order to take up this difference in elevation, only forty pounds will be obtainable unless there is a higher head. A larger pipe size that does not have the frictional loss is what is needed. Mr. Burns said that this comes to approximately $147,000, but the total project would be $356,000, in- cluding Merriam Street, Adams Street, Waltham Street and Concord Avenue from the existing twelve inch to Pleasant Street. He recommended for 1954, Adams Street and Merriam Street at a cost of $94,000; for 1935, Waltham Street from Marrett Road to Concord Avenue; for 1956, Concord Avenue to Pleasant Street at a cost of $64,000. The Chairman asked if the Carrig development could safely be spread over four years, and Mr. Burns replied that Carrig will not have the 250 houses for about two years. Messrs. Burns and Stevens retired at 7:55 P. M. 1 1 Chief Rycroft met with the Board. The Chairman said that some of the Board members had looked at the police car recently d=;N aged in an accident, but he did not know the exact details. Chief Rycroft reported that some time shortly before 3:00. A. M. the cruiser checked on Childs' gasoline station at the turnpike and found a car with two women sitting in it, who said that they had stopped to rest. The officers were not quite satisfied with the story and ordered them to go along, which they did. The cruiser circled and returned to the station to check further and see if the car returned to pick anyone up. A car passed travelling at about sixty miles an hour, and the officers thought at first that it was the same car and gave chase, operating the siren and blinking light. They chased it all the way to the left turn at Lincoln, going to Concord, and, in going down the slope, the car in front of them began to swerve and, in an attempt to avoid a collision, tried to go over the island. The car was thrown around until it hit a traffic light standard. The car was hit on the right-hand side, but the men were not hurt to any great extent. They ar- rested the operator and pressed for operating under, reckless driving and failing to stop. The Chairman said he had told the Chief that, if the car were damaged to the extent of $500, it would not be advisable to keep it in the Department. Three members of the Board looked at the car and felt that bids should he received for a new car. Two sealed bids were received, opened by the Chairman and read as follows: F. K. Johnson, Inc. 1952 Chevrolet Special Model 1502 2-door sedan, equipped with heater and defroster and fiber seat covers, in exhhange for 1952 Ford Mainliner, 8 cylinder, wrecked 2-door sedan, net cost $567.27 Frederic R. Childs 1952 Mainline Ford V8 Tudor Sedan, equipped with heater, slip covers and turn indicators, $1786.70 less allowance for 1952 Ford, $1046.70, net cost $750. The Chief said that it will cost about $75 dollars to transfer the equipment and about $15 for directional lights. Childs cannot make delivery until December 2nd, and Johnson has a car on the road now which should arrive within a day or two. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to accept the low bid, submitted by F. K. Johnson, Inc. in the net amount of $567.27. Upon motion of Mr. Reed, it was voted to request the Appropriation Committee to transfer the sum of 413 Bids on Police car 414 657.2.7 from the Reserve Fund to the Police Depart- ment - Expenses Account. The Chairman read a letter from Chief Rycroft preferring charges against Officer Joseph A. Bel- castro for Neglect of Duty. The Chief stated that Saturday, November 22nd was a bad day. It became dark very early in the evening, and it was raining, making visibility very difficult. He drove through the center and did not see the officer on duty at Waltham Street and Mas- sachusetts Avenue. He parked his car at Depot Square and walked back to the 'Waltham Street crossing at about four o'clock. He stood at the crosswalk for awhile and then crossed the street and stood in the doorway of Thivierge's drug store. He said that he Belcastro could see the Officer at the First National Store Neglect of crossing and also the Officer at the Theatre cross - Duty ing. He stood there until about one minute of five and then saw Officer Belcastro in the doorway of Zitsots studio. He stated that he did not see him come out of the store, but he would have had to see him if he came around the corner at the Edison store. The Chief then returned to his car, drove to the Station and asked the Lieutenant to request Officer Belcastro to state in writing where he was between four thirty and five. He did write a letter and stated that he was on the crossing until four forty. A number of people said that they could not see him, so he put the light on automatic for five minutes, went over to Tran1.!s store for a few minutes, then walked down to Edison Way, spoke to Officer Nutt and returned to the Waltham Street crossing. The Chief said that, if the Officer had written that it was wet and he went in to get dry, he would have taken care of the situation. However; it appears that the Officer was either confused or had written untrue statements. The Chairman asked what time the Officers assign- ment called for, and the Chief replied that he thought it was from four thirty until six. He said that the man on this crossing must put out the lights and work the crossing by hand, and that when he went up to the Center, he could see traffic blocked up to the monument. Mr. Emery said that he would like to know what the legal angle is. The Chief said that the Officer has the right to be heard, and the Chairman said that the Board would discuss the subject with Town Counsel. When Mr. Stevens returned to the meeting, he told the Board that he would review what action was taken on a similar instance and draft something for the Board. The letter from the Chief was given to Mr. Stevens. 1 1 The Chairman read a letter from Mrs. Florence Page, 12 Independence Avenue, in which she called attention to traffic police being in danger of being struck by motorists because the lighting is very poor between four forty-five and six. the Chief stated that at one time a survey was made relative to spot lights at Smith's crossing, Waltham Street and the First National Store. He went over the situation with a representative from the Boston Edison Company, Mr. Louis Bills and either Mr. DeFoe or Mr. Burns. At that time it was decided to defer any action until the completion of Route 128 to see what difference it made in the traffic. At first it worked out very well, but, in the last six or eight months, the traffic has come back again. Chief Rycroft retired at 8:20 P. M. Chairman Foley, Messrs. Person and Potter, of the Recreation Committee, met with the Board. Dr. Foley reported that his Committee and the Chairman of the Board had looked over the area in Woodhhven that it is recommending for recreational purposes. The Chairman suggested that the Committee find out about the land and report to the Board. Dr. Foley said that two lots are owned by the Town, and the Committee actually wants five lots. He presented a plan showing the five lots and stated that one individual owns two lots and will not sell singly; the Town would have to purchase both of them. The Com- mittee wants two Town lots and four others. The owner of the double lot will only sell both lots or not at all. He reported that the two single owners will take $600 for each lot, and the owner of the double lot wants $1800. He said that he told them all that he had no way of knowing what could be done and asked for the lowest figure. The Chairman said that it appears the Committee is talking about $3,000, and Dr. Foley replied in the affirmative. The Chairman said that the Committee has done what the Board wanted and has submitted a concrete proposal of $3,000 for the land. He recommended that the Committee purchase the land only this year and not proceed with development until next year. The Recreation Committee retired at 8:40 P. M., and Mr. Burns returned to the meeting. The Chairman read a letter from Mrs. Winifred Holman, 275 Concord Avenue, complaining about a hole in the street in front of her driveway. Holman Mr. Burns said that he sent Mr. Weisinger over complaint three times, and he went over himself twice, and he does not know what she is talking about. 415 Recreation Committee 416 Street accept. The Chairman agreed to go over and look at the location with Mr. Burns. Letter was received from Albert B. Wolfe, trustee and an owner of Philip Road, Lantern Lane and the ex- tension of Dawes Road, requesting acceptance of the same by the Town. Mr. Burns explained that there is an unaccepted street intervening in between, and there has been no request for acceptance. The Board decided to view the area before making any decision. Letter was received from Mr. Grant B. Cole, Director of Civil Defense, inquiring about the possibility of conducting a Home Nursing course in the room and anteroom at the Barnes property, now Civil being used by the Community Chest. Defense Inasmuch as it will cost approximately $300 or $400 to make the plumbing usable, the Board felt that Mr. Cole should endeavor to find some other location. Mr. Burns retired at 8;55 P. M. The Chairman reported that Mrs. Allen Rucker D. A. R. called and said that the D. A. R. organization has a flag flag which they think should be placed in the custody of the Town. The Board had no objection. Letter, together with plan in re the Seth-Maxner property on Bedford Street, was received from Mr. William H. Ballard. One copy was given to Mr. Emery and one to Mr. Seth- Gay, and the. Chairman was authorized to advise Mr. Maxner Ballard that the Board will study the matter and con - property tact him at a later date. The Chairman read a letter from Mr. William H. Ballard requesting the removal of an elm tree direc- Tree tly adjoining the street near the entrance walk to his removal house and an elm tree in the sidewalk area adjacent to 7 Hastings Road. The Board decided to view the two trees before taking any action on the request. Letters were received from Sanborn C. Brown, 7 Maple Street and Charles R. Gredler, 119 Burlington Street, requesting that hunting in Lexington be out- lawed. The Chairman was authorized to suggest that these two gentlemen get together and have a group insert an article in the warrant for the Town Meet- ing, as the Selectmen prefer not to sponsor such an article but would be in favor of it. 417 Legal opinion was received from Mr. Stevens in regard to permission being granted to the Girl Scouts to occupy the checkroom in Cary Building during elec- tions Letter was received from Mr. Eilengerg, Lexing- ton Theatre, requesting the appointment of Maurice Streletsky, manager, as a Special Police. Upon motion of Mr. Emery, seconded by Mr. Gay, Special it was voted to appoint Maurice Streletsky a Spacial Police Police Officer in the Town of Lexington for a term expiring March 31, 1953. Application was received from the V. F. W. Auxiliary requesting permission to conduct a meet- ing in a Conference Room on Wednesday, December 10th from 8;00 P. M. until 11:00 P. M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the room free of charge. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the following licenses: Lex. Amusement Co. 1794 Mass. Ave. Sunday Movies Connors Bros. 1700 Mass. Ave. Package Goods Store Mr. Emery retired at 9;05 P. M. A short discussion was held relative to a parcel of property on Wood Street which Mr. Harvey Nugent and Mr. Lindsay are interested in purchasing. The Chairman agreed to contact them and walk the area in which they are interested. The Meeting adjourned at 9;20 P. M. A true record, Attest: Use of hall 418 SELECTMEN'S MEETING December 1, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, December 1, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Gay, Driscoll and Reed were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. The fol- lowing individuals were drawn for jury dutyt Francis Jurors J. Coyne, Jr., 25 Bridge Street and Paul Ousback, 214 Pollen Road. Mr. Carroll retired at 7:04 P. M., and Mr. Burns, Suptt of Public Works, met with the Board. The Chairman read a letter from John B. Smith, Supt: of Schools, requesting that some provision be made for funds to pay insurance premiums on the new High School building and contents. Insurance Mr. Burns stated that he thought he has already asked Mr. Hill df Brewer & Lord, tochheck this. The Chairman read a letter from Thomas C. Short, 26 Middle Street, complaining about the surface water condition in front of his house. Mr. Burns said that this man has a point well taken and that this subject has been discussed for about five years. He said that the town did not divert Surface the water but t+topped it from going into Mr. Scott's Drainage property. Mr. Short knows this and asked Mr. Burns to Middle St. bring in some dirt, but he told him that this would not solve his problem, and it was felt at the time that the cost of drainage installation, which would take care of only two properties, was too high. Mr. Driscoll inquired about the amount of money involved, and Mr. Burns replied that it is in the vicinity of y$2,500 or $3,000. He informed the Board that he has included this item in his drainage budget for 1953. The Chairman read a letter from the Bedford Water Commissioners advising that the Commission would have no objection to any arrangements that may be made be- tween the Town of Lexington and Raytheon Company in regard to supplying water to the company. The matter is to be presented to the 'scoters in Bedford at a special town meeting in the near future. 1 1 419 The Chairman was authorized to advise the Com- missioners that Lexington was not aware of the fact that it is necessary for them to take this subject up at a Town Meeting, and, if that is true, Lexington will wait to hear from them before taking any action. The Chairman reported that he went over to 275 Concord Avenue to inspect the hole in the street Holman about which Mrs. Holman wrote last week, and the complaint Board authorized him to answer her letter. The Chairman reported that he had viewed the trees on Hastings Avenue that Mr. Bellbrdwouldlike to have rembved,and-statedthat:one of the.treeslis inline with the garage which Mr. Ballard is building. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to request Mr. Garrity to post the trees for removal. Removal of trees The Chairman read a letter from Chief Rycroft advising the Board that on Friday, November 2.9th, Mr. McGann, an employee of Connors Bros. was fined Sale of $100 for selling beer to a minor. The boy claimed beer to to be eighteen years old, had a fishing license minor showing he was seventeen years old, but a birth record verified his correct age as fifteen years. Certificate of Incorporation was received from the State on behalf of David T. Toomey, 1061 Mas- sachusetts Avenue. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to approve the application. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licenses: Morris Motors 400 Waltham St. 1st Class Agent Lex. Amusement:.:Co.. 1794 Mass. Ave. Sunday Movies Berman's Market, Inc. 12-14 Mass. Ave. Package Store Mr. Stevens arrived at the meeting at 7:35'P. M. The Chairman reported that he and Mr. Burns had visited Dawes Road. A letter was received last week from Albert B. Wolfe, on behalf of himself and Roger B. Tyler, trustees and owners of Philip Road, Lantern Lane and the extension of Dawes Road, requesting that the same be accepted by the Town. He said that, as explained by Mr. Burns, one goes down Dawes Road which was constructed some years ago and which is still a private way, then to the extension of Dawes Road which is now, then up to Lantern Lane to Buckman Drive which is in the same category. Mr. Burns is not in favor of accepting streets with an unaccepted street intervening. Cert. of Incorp. Request for street acceptance 420 Mr. Stevens said that it would not be a good policy to have a gap in between, and recommended that the Board advise Mr. Wolfe that it is the policy of the Board not to recommend acceptance of streets that do not connect with an existing way. The Chairman presented a blue print and trac- ing of a parcel of land located on Wood Street for which offers to purchase have been received from Donald B. Lindsay, 47 Wood Street and Harvey Nugent who owns an adjoining property. He explained that he had written to Mr. Lindsay and asked for an ap- pointment to go over the area with him but never re- ceived a reply.. Today he went over the area with Mr. Nugent. The acquisition of this triangle will pro- vide Mr. Nugent with another house lot. Mr. Lindsay Tax title wanted to acquire it for protection. The Chairman property explained that there will be approximately sixty- five to seventy feet between his property and any house that Mr. Nugent may erect. Mr. Reed said that he would not be in favor of selling this land to Mr. Nugent for the price of one dollar. Mr. Stevens suggested that the Board findout from the Assessors what the surrounding property is assessed for, and Mr. Burns was asked to obtain the information. He returned to the meeting and reported that the lots in this area are assessed for $900. Mr. Burns retired at 8;10 P. M. and Mr. Daniel P. O'Connor, Commander of the American Legion, met with the Board. The Chairman explained that the subject to be discussed was the use of a Conference Room in Cary Building which he thought was used by the Legion for Executive Committee meetings. Mr. O'Connor stated that it is used for all regular meetings because the State would not allow more than fifty people to gather in their previous meeting room over the Savings Bank until certain changes had been made and the bank did not want to spend any money on it. The Chairman said that according to the records, the Legion was authorized to use the Conference Room for executive committee meetings only and that, if the situation at the bank is so involved, he thought the Board might approve a request for the use of the Conference Room for regular Legion meetings. He explained that the Board had invited Mr. O'Connor to the meeting this evening because the Legion has been using the room for some time and apparently is unaware of what the original permis- sion was for. He explained that it is for the use 1 Se e below of that room only and does not include the use of the kitchen or the other rooms, turning all the lights on, and overriding the objections of the janitors. He ex- plained that these incidents will have to be stopped. He said that the Board isnot trying to censure the Legion but merely trying to acquaint the organization with the history of the use of the room. He asked Mr. O'Connor to take this matter under advisement of his group and if they wish to change the request for the use of the room, submit it in writing. He also asked that the group make sure that it uses that room only unless there is a very valid reason for changing. Mr. Gay asked how often they required the use of the kitchen, and Mr. O'Connor said that they meet once a month and always serve coffee and icecream. He said that they could use an electric plate in the Conference Room. Mr. Gay asked how many attend the meetings, and Mr. O'Connor replied that it is somewhere between thirty-five and fifty. Mr. Gay asked if they needed room for ritualis- tic work, and Mr. O'Connor replied in the negative. Mr. Gay asked if the meetings were for the en- tire Post and if the janitor was paid. Mr. O'Connor replied in the affirmative to the first part of the question and said that they do not 'pay the janitor when they have their meetings there. Mr. O!Connor stated that the Legion has sufficient funds to erect a building if they had the land and in- quired about the possibility of purchasing the so-called Adams School lot. Mr. Stevens explained that there is some restric- tion in the deed, and the land will not become available to anyone for some years. Mr. O'Connor retired at 8:35 P. M. 421 American Legion re use of Con- ference Room Chief John W. Rycroft and Officer Joseph A. Bel- castro met with the Board at the Board's request, relative to a charge of neglect of duty preferred Belcastro against Officer Belcastro by Rycroft. Neglect of Following the informal hearing, the following ac- Duty tion was taken by the Board: Upon motion of Mr. Driscoll, seconded by Mr. Reed, it was unanimously voted: That Officer Joseph A. Bel- castro be and hereby is found guilty of the charge of Neglect of Duty in that on Saturday, November 22:, 1952, after he had been duly assigned traffic duty at the intersection of Waltham Street and Massachusetts Avenue, Lexington, between the hours of 4:20 P. M. and 5:30 P. M. without authority and contrary to the orders issued by the Chief of Police. Further voted: That Officer Joseph A. Belcastro perform 42 hours of punishment duty, the same to be per- formed at such times as may be designated by the Chief of Police. * he left said intersection between 4:30 P. M. and 5:00 P. M. 422 ** Officer Belcastro retired at 8:55 P. M. Chief Rycroft retired at 9:25 P. M. Before retiring he recommended that the Board investi- gate the possibility of obtaining permission to take mental patients to the Metropolitan State Hospital rather than having to take them to Worcester. He suggested that the Board contact the Commissioner at the Department of Mental Health, State House, Boston. Letter was received from the County Commis- sioners re petitions for assessment of damages by Willard S. Levings and Barbara R. Levings, and Howard W. Hollis and Wilhelmina Hollis, on account Damages of land takings for the relocation of Paul Revere Paul Revere Road. Road Mr. Stevens said that he is taking care of this and suggested that the Chairman acknowledge the letter and advise the County Commissioners that the Board has requested Town Counsel, Harold R. Stevens, to represent the County as well as the Town in both cases. Application was received from James T. Moran, Revenue Agent, on behalf of the United States In- ternal Revenue Department, for permission to con- duct interviews in a Conference Room on Friday. December 5, 1952, from 9:00 A. M. until 5;00 P. M. Mr. Moran explained to the Clerk that this will eliminate the.necessity of taxpayers goingctolthe_. Boston office to discuss their returns. Upon motion duly made and seconded it was voted to grant the request free of charge. The meeting adjourned at 9:35 Fl M. ** Both Chief Rycroft & Officer Belcastro retired before vote of Board. A true record, Attest: tvz 1 1 1 423 SRLECTMEN' S MEETING December 8, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday evening, December 8, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Gay, Driscoll and Reed were present. The Clerk was also present. The Chairman read a letter from John J. Sullivan, submitting his resignation as a member of the Appropi. Resignation riation Committee due to the fact that his activities have been curtailed for an indefinite period as a re- sult of an accident. The Chairman, read a letter from Mr. Burns, Supt of Public Works, requesting a transfer of $6,100 for payment of the Woburn Street water costs, together with an explanation of the project and money involved. Transfer Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to recommend to the Appropriation Com- mittee that the sum of 416,100 be transferred from the Reserve Fund to the Woburn Street Water Construction Account. The Chairman read a letter from the Lexington Chamber of Commerce requesting the elimination of Parking the enforcement of parking meters during the hours Meters after 6:00 P. M. for the month of December. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it_was voted to eliminate the enforcement of the parking meters after 6:00 P. M. on Friday evenings during the month of December. Letter was received from the Lexington Construc- tion Co., Inc. with reference to an offer to pur- chase a small parcel of land on Wood Street. The Chairman reported that Mr. Stevens, Town Counsel, has found some technicalities in the title Tax Title and this particular piece of property may be owned Property by Mr. Napoli. He is now checking and expects to have some information for the Board next week. The Clerk reported that Mr. William H. DeScenza, 31 Stanley Avenue, Medford, had called at the office to find out what decision the Board had made on his offer of 450. for fifteen Iota located on Edna, Freemont and Bellflower Streets. The offer was held over inasmuch as a majority of the members of the Board want to view the property. Tax Title Property ;_.. 424 Transfers Uses of halls Licenses Miss Dane re; Juvenile A letter 'as received from the Appropriation Committee advising of the following transfers from the Reserve Fund: Police Department Expenses (new cruiser) $423.24 Elections - Selectmen 147.14 Westview Cemetery - Maintenance 242.00 Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following uses of halls, free of charge: American Legion Auxiliary Morning Study Group Lexington Choral Society Conf. Room Estabrook Cary Dec. 15 Meeting Jan. 13 Meeting Dec. 13 ::Rehearsal Upon motion of Mr. Gay, seconded by Mr. Reed, was voted to'grant the following licenses: Frederic R. Childs F.. K. Johnson, Inc. Hardy's Garage John J. Dacey Sidney B. Heywood Kieran J. Lowry Old Coffee House Regent Delicatessen Corner Variety Shop The 1775 House Ye Towne Diner Lex. Amusement Co. Joseph Trani, Inc. 409 Mass. Ave. 39-41 Bedford St. 915 Waltham St. 424 Marrett Road 271 Marrett Road 286 Lincoln St. 1775 Mass. Ave. 1729 Mass. Ave. 856 Mass, Ave. 130 Pleasant St. 17221 Mass. Ave. 1794 Mass. Ave. 1757 Mass. Ave. 1st se n it Class Agent 1 rl ■ Common Victualler r) rr9 1fa M M n M so » $$ w Sunday Movies Package Goods Store At 8:45 P. M. Miss Marcia Dane met with the Board, and explained that she was present as a private citizen, not representing any of the various organizations to which she belongs. She stated that she desired to dis- cuss handling of juvenile cases not as a criticism, but because she thought the Town has reached the size where this subject should be considered. When she first wrote to the Board she was going to present other cases but since writing, another case illustrating much better what.she has in mind came up. She said that she would like to have considered, for the .good oi" the Town, a setup much as the Fire De- partment now has, for the Police Department, that is a Board of Commissioners, not because she does not think the_ Selectmen are doing a good job, but with the sise of the Town now, it is almost impossible to do the checkup work which should be done with the conditions as they are now. She said that the pressure being put 1 1 425 on whoever is at the head, should not be put on him. Miss Dane said that she has not talked to the Chief of Police about this. She felt that the business of the Town is too big now for the amount of supervision and backing any Police Department should have. She said that she would present to the Board a particular ease to illustrate what she means. She asked.if she were correct in assuming that ordinarily the Board does not follow any of the cases that come in. The Chairman explained that her assumption was not quite correct and stated that either he or some member of the Board is in quite constant attendance to see what is going on that is new or bad — checking up on accidents and general items. He stated that the Board does not make a practice of holding a weekly meeting such as the Fire Commissioners do, and that there are Rules and Regu- lations for the Police Department and the Board relies on the Chief to enforce them. Miss Dane said that the Board may or may not know that on the 14th of November a juvenile was coming out of Connors store with liquor on him, was brought to the Police Station and his father called in. She said that she knew from conversation that a good deal of pressure was brought to bear on the Chief of Police and maybe the officer too, to take care of it with as little fuss for the Connors as possible,, She said that this is the type of thing that is happening allover the nation. She stated that when the case came to Court she went up to hear what happened. They brought the Clerk in and he was sentenced to having sold to a minor. A good number of young boys know about this and feel very strongly that the case was hushed up so to speak from their point of view because perhaps Connors or someone else had enough money to work the thing out so that they did not have to close the store. She said they feel it is easy to go in any store and get liquor, and she thought that if there were a special board, they would give a great deal more time for anything of this sort and give the Chief more backing. She said that some people would be discouraged from trying to get around anyone. She feels that it would be a protec- tion to the young people if a Board had only this to do. She explained that she is not criticising the Board or the Chief but feels that any man in his position has a terrific amount of pressure brought on him all the time. She said that if he were to tell the truth, he would say there is pressure brought on him. The Chairman said that regardless of the number of Commissioners, he would have the same pressure and ex- plained that the Board has had a complete report from him because he considered this an important issue. He said that the Chiefs personal opinion is that the Clerk who was fined is as good a man as one could find working any- where. He stated that this was definitely an error that 426 has been made but resulted in a crime if one wanted to call it that - the man was severely fined. The Chairman said that these• people attempt to conduct their business very much above board, and the inuen- does going around town about information have been, to him, very disturbing. Miss Dane said that she could have mentioned other cases, but this is the most recent one, and some of these pressure people might be stopped if there were a Commission set up. The Chairman mentioned that the Police Depart- ment is under Civil Service, and Civil Service binds the Chief very thoroughly in what he can do, and he has to be very formal about these. things. He has con- tacted the Board twice during the past year about derelict of duty and has fined two officers on that score. He said;that the Chief is trying to operate the Department right. .He informed Miss Dane that it would require a special Act of Legislature to set up a Commission, and he thought it might be very diffi- cult-to iifi-cult-to get men to serve on such a Conanissioh. Howe. ever Miss Dane said that she did not agree with the Chairman. The Chairman said that the Chief by law cannot publish any convictions or name any juvenile. Miss Dane said that she still believes it is something that should be tried. The Chairman said that his remarks were not in- tended to be antagonistic and that if Miss Dane had any idea in her mind such as this, the Board will co- operate to make it possible for her to set up the proper machinery, and present it to the Town Meeting. She asked if the Board would rather have it come from an outside group, and the Chairman said that the Board has not considered the subject, and- he would not make any remark this evening because he might misinform her. Miss Dane said that she -thought this should be con- sidered and also that it would be better to have it come from the Board of Selectmen who would in effect be saying that they were too busy, whereas coming from the outside, it might be criticism. The Chairman explained that it could not be pre- sented at the Annual Town Meeting in March because someone would have to -present an Act toi;the Legis- latureand the last day for filing was December 3rd. Miss Dane said that now is the time to be thinking about it so that some action could be taken another year. Mr. Driscoll said that he thought the Chairman had been very modest and stated that he is in close contact with the Chief of Police at all times. He said that no Police Commissioner or Board would be any closer than the present Chairman. He also stated that he thought the Chief of Police is far beyond pressure. 1 1 Miss Dane said that pressure is often brought to bear in devious ways, not to any one particular person but to all members of the Department. Mr. Driscoll said that the.Chief is under Civil Service and trying to do a good job. The Chairman said that he has not spent as much time on police matters as a Board of Commissioners would and that the rumors disturb him because he knows the Chief is irreproachable in his honesty. He never discusses trivia, but he is on the job on anything that requires a town wide aspect, and the Board always tries to back h.im_up. Miss Dane said that in the last year or two there have been several cases where groups of boys had done the same thing and when the court cases were brought •there were only two or three who actually went to court. She said that there may be reasons why, but it does something very bad to the boys who don't go as well as to the boys who do go. She said this is the type of thing that is hurting the youngster. The Chairman explained that the boys have to be definitely caught before they can be brought to court and the cases have to be studied very thoroughly or the police would. find themselves in trouble. He said that if Miss Dane wanted to follow -it through, add the •Board could -be of any assistance for her to contact him. Miss Dane retired at 9:10 P. M. The Clerk also retired. The Board of Fire Commissioners met with the Select- men and discussed policy and budgets until 10:45 P. M. A true record, Attest: 427. 428 SELFQTMEN15 MEETING December 15, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building,• on Monday evening, -December 15, 1952 at 7:00 P. M. Chairman Nickerson, Messrs. Gay and Reed were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Burns brought up the subject of rates for street betterment assessments to be levied on streets Street accepted at the Annual Town Meeting in March., 1952. betterment Heexplained that he has figured the assessments on assessment the basis -used before, that is, road excavation and rates surfacing, plus engineering, .plus 50%, of the cost of drainage, divided by twice the length of the street. Be made comments as follows on the various streets. The drainage was very high on Hillcrest and the excavation was also high because the top was 25; heavier to hold. The -total cost was 419.30 per foot excluding engineering, before applying the formula. The total.cost of Preston Road, including en- gineering, was 424,000, drainage 48,000. There was an average amount of excavation on Wilson Road and also an average amount of drainage. Barrymeade Drive was partially constructed and a portion of the drainage was in. Drainage was installed in Independence Avenue when Smith Avenue was constructed. The base was in on the Woodhaven group. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to establish the following rates per assess- able foot : Hillcrest Street 47.50 Preston Road 7.04 Wilson Road 5.37 Barrymeade rive 4.00 Independence Avenue 3.93 Woodhaven group 2.10 Mr. Gay left the meeting at 7:40 P. M. to discuss Library budgets with the Appropriation Committee and re- turned at 8:50 P. M. Reference was made to William DeSeensa's offer of 4150 for 15 lots on Edna, Freemont and Bellflower Streets. 1 1 429 Mr. Reed reported that he went up to see these lots, and someone is clearing them off. The Chair- man asked Mr. Burns to send a man from the Engineer- ing Department up to investigate and report what the Tax Title situation is as to whether or not there is water in property the streets and what is being done by way of tres- passing on the lots. either by error or otherwise. Mr.. Burns retired at 7:50 P. M. Letter was received from Ms. Edith A. Tuttle, 12 Hancock Street, requesting the installation of curbing in front of her property. The Chairman was authorized to advise Ms. Tuttle that there are no funds left in the curbing approp- Curbing riation, that the request will be considered in the 1953 budget, but no assurance given that curbing will be constructed in front of her property. ibtide was received from the State Department of Corporation and Taxation advising that the sum of 07,400 has been established as the amount not less than which the 1953 bond of the Treasurer of the Town of Lexington shall be written. The sum of ,$66,700 has been established as the amount not less than which the 1953 bond of the Collector of Taxes shall be written. Upon motion duly made and seconded, it was voted to establish the sum of $57,400 as the amount not less than which the 1953 bond of the Treasurer shall be written; and the sum of $66,700 as the amount not less than which the 1953 bond of the Collector of Taxes shall be written. Letter was received from Frank Mowat, Dog Officer, requesting a transfer of $76 to cover ex- penses for the remainder of the year. The Board was not opposed to requesting a trans- fer, but instructed the Clerk to request Officer Mowat to advise as to approximately what he needs additional funds for. Letter was received from the Board of Fire Commissioners requesting a transfer of $400 to pay expenses incurred as a result:of an accident in- volving repairs to the aerial ladder, together with hospital and doctorls bills for Private Govan. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $400 from the Reserve Fund to the Fire Department - Expenses Account. 1953 Bonds Transfer Transfer 430 Dr. Ralph H. Wells met with the Board at 8:30 P. M. to discuss Union Health Departments.. He said that this does not require any action at the present time, but he wanted to give the Board some ibfor- mation on what is going on outside. He explained that the Union Health Plan is being reactivated be- cause the Massachusetts Medical Society has appoint- ed a sub -committee to look into the matter. It feels that the doctors have to be re-educated or educated into the Health Plan as well as the Boards of Health of the various communities. The sub -committee met on December 2nd and passed the proposals as a whole, with- out thecompulsoryfeatures, hoping that the amendments this coming year will nullify some of'the things the towns have been using to defeat the program as a whole. It was also voted to have the members of the sub -com- mittee speak to their own Boards of Health. He said that it came to his attention through Mr. McQuillan, Chairman of the Board of Health, that a meeting was to be held last Tuesday night in Lincoln, and he attended. Be informed the Board, that there is also possibility of subsidies -to the towns entering into the picture. Dr. Wells said that he suggested to Mr. McQuillan that it might be advisable to reinstate the old Com- mittee as long as this law is on the books in an effort to keep Lexington informed and also to help in the leadership of the association. He said that at the meeting he attended some of the towns were rep- resented by the Boards of Selectmen or Boards of Health, and Lexington was represented by Mr. Jackson who took no part in the discussion. He said that his committee would like to have Lexington represented, to have some say, take part in discussions and also take part in the leadership of the Union Health Department. The Chairman referred to the report,.au'itted to the Annual Town Meeting in March, 1952, by a Committee of five residents appointed by the Moderator to in- vestigate and study this subject and said that, in spite of the report, he did not believe the Selectmen had closed minds bn the subject. He said that the Board is willing to oo-eperate by attending the meet- ings' and suggested that Dr. Welts, or the secretary of the group, advise the Board when and where the next meeting is to be held so that some member of the Board can attend. .Dr. Wells agreed to obtain the information and advise the Board. He retired at 9:00 P. M. Application was received from August Schumacker, Use of on behalf of the Boston Market Gardeners Association, hall requesting permission to conduct an annual banquet in Cary Memorial Hall on February 21, 1953 from 6:00 P. M. 431 until 11:00 P. M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the hall subject to a charge of $35.00. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign deed, prepared by Town Counsel, con- veying lot 57 Grandview Avenue, Lexington to Mrs. Marion B. Steeves. Upon motion of Mr. Reed, ,seconded by Mr. Gay, it was voted to grant the following licenses. '(Quote). At 9:10 P. M. the following members of the Planning Board met with the Selectmen, Chairman Adams, Messrs. Hathaway, Irwin, Johnson and Potter. Mr. Burns was also present. Mr. Adams said that his Board feels it is a good time for_ something definite to be done in regard to Edison flay. The Chairman said that pressure has been brought to bear during the last six months and people want to park and park near the center. He said that, if the people are still of the same frame of mind, he thought, according to Town Counsel, if it is for parking, funds can be used from the Parking Meter income. However, Parking Meter funds are' -not available for a street.. He said that the Board is almost duty bound to present something to the Town Meeting in March to be voted upon either for or against, He said that since Mr. Ballard made his original negotiations, Mr. O'Connell, one of the property owners involved, has died. Mr. Adams asked if this meant starting all over again, and the Chairman replied that he did not know that it does. The Chairman asked about the last proposal develop- ed by the Planning Board, and Mr. Burns said that he thought it was -to abandon any idea of going through with a whole street, stopping at O'Connell's and blacktopping the area to the railroad and let the merchants do the rest if they wanted to. Anything the town had would be a tak- ing by the town and owned by the town. Mr. Adams said that the Planning Board likes an exit to Depot Square. The Chairman said that the Board is definitely of the opinion that it wants to present to the Town Meeting a scheme for getting in and getting through to Depot Square and to provide as much parking area as possible and also to have the merchants provide additional parking. Mr. Johnson said that his Board suggests that • the Town take care of the necessary drainage. Mr. Hathaway said that the Planning Board also included illumination. 432 The Chairman said that It:the'Planning Beard now -thinks it is-pessibly going to coincide with this overall proposal, he would contact Mr. Ballard and ask him to reactivate himself, and an effort will be made to work out something mutually agreeable and present something to Town Meeting that will be aenep- table to both the Selectmen and the Planning Board. He said that if the .two groups cannot come to an agree- ment, it will still have to be presented to the Town, and if the Town does not go along, an effort will at least have been made. He said that he would contact Mr. Ballard right away and then be in touch with the Planning Board. Mr. Johnson suggested including funds in the 1953 budget to provide a parking area adjacent to Cary Library. The Chairman said that this location had been con- sidered about two years ago, and it was discarded be- cause it was figured to cost about $3,000. He said that it is so far from the center of the town it seemed that it would be used only by persons going tu the library. He explained that, as he recalled it, the expense was high because of a drainage problem. The Clerk retired at 9:25 P. M. An informal discussion was held on the following proposals, relative to by-pass roads, submitted by the Planning Board. 1) Bedford Street from opposite Johnson's garage to the junction of •Massachusetts Avenue and Lincoln Street, generally following the brook; (a) Massachusetts Aaienue and Lincoln Street through town land, crossing Waltham Street, Marrett Road to Pleasant Street. 2) From Bedford Street to Grove Street following the ex- tension of Eldred Street. 3) Proposal for a connecting road between Wood Street and Bedford Street which involved several choices. (a) Wood Street to Westview Street. (b) Ltd.rectly across the swamp (Meagherville) to Bedford Street, parallel to Route 128. (c) Wood Street, conaedting to Route 128 with an overpass. Item (a) might well be a Federal project because of the closeness to South Road to Bedford Airport. The Planning Board recommended asking Town Meeting for an appropriation for taking on all except item number 3. The Woodbine House Village Variety Store Hattie Peckham Geo: R. Reed & Son, Inc. Mary A. Rowland Shoppers' Haven Town Line Pharmacy, Inc. Mawhinney Motor Sales Colonial Garage, Inc. Lex. Amusement Co.,Inc. Lex. Liquor Mart, Inc. 73 Waltham St. 93. Mass. Ave. 37 Hancock St. 1721 Mass. Ave. 150 Lowell St. 316 Marrett Rd. 20 Mass. Ave. 581 Marrett Rd. 1668 Mass. Ave. 1794 Mass. Ave. 1849 Mass. Ave. 432Aa Common Victualler (renewal) m 11 IM 11 11 t1 ±T rt 1st Class Agent Sunday Movies Package note 433 SELECTMEN'S MEETING December 22, 1952 A regular meeting of the Board of .Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 22, 1952 at 7:00 P. M. Chairman Nickerson and Mr. Reed were present. The Clerk was also present. Mr. Gay arrived at 7:30 P. M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of a juror. Mrs. Mary F. Kelley, Juror cook, 111Spencer Street, was drawn, and Mr. Carroll retired. Letter was -received from Francis J. Donovan, 9 Eldred Street, requesting the installation of a:. street light at the corner of Ivan and Eldred Streets. Street • Inasmuch as the funds for street lights have all light been expended, this will have to be considered in the 1953 budget. The Chairman reported that on Thursday morning he met with Mr. William H. Ballard, Mr. Alan G. • Adams and Mr. William Burns in regard to Edison liay, He proposed that Mr. Ballard approach Mr. Howland and ask him if Minot, DeBlois & Maddison would be milling to go. along with the intent of the project as it was originally laid out and call it a parking space and not refer to it as Edison Way. The Chairman then read a letter from Mr. Ballard advising that Mr. Howland feels that it would be un- wise for him and his co -trustees to proceed in the way suggested at the above-mentioned meeting. He further stated that Mr. Howland is prepared to pro- ceed in accordance with the December, 1950 agreement in regard to Edison Way. The Chairman said that he would be in favor of going along withthe old agreement whereby the Town would construct the street and the property owners would make parking areas between the street and their property. The Chairman read a letter frons t he Board of Assessors advising that Mr. William Il Burnham, Chairman of the Board, has been elected vice presi- dent of the Middlesex County Assessors Association. This is the first time a Lexington Assessor has been elected to this office. Edison Way 434 The Chairman read a letter from the Board of Retirement advising that on March 26, 1953 Mr. Bills Louis W. Bills will become seventy years of age, retirement and it will, therefore, be necessary to make pro- visions for his pension of that date. Letter was received from Martin Gilman, Chair- man of the Youth Study Commission, advising that the Commission's report will not be completed in time for the Annual Town Meeting. in March. It is therefore planned to make a report of progress and request that the Commission be continued for another year. He also suggested that an appropriation of 650 or *100 be made for use by the Commission. The Chairman was authorized to advise Mr. Gilman that the sum involved is so small that the Board will include it in the Unclassified Account. Letter was received from Mr. Harold I. Wellington, Lexington Coal Company, requesting that Mrs. Edith M. Kindred, Haven Terrace, Burlington, be appointed a - Public Weigher to take the place of Mrs. Copeland who Public is leaving the company's employment. Weigher Upon motion of -Mr. Reed, seconded by Mr. pay, it was voted to appoint Mrs.. Edith M. Kindred a Public Weigher in the Town of Lexington for a term expiring March 31, 1953. Mr. Burns arrived at the meeting. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegraph Company for location of two j/o poles on Burlington Street. Pole Mr. Burns explained that this. is a set of poles location that are to be relocated and moved back. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following relocation: Burlington Street, northeasterly from a point approximately 225 feet northeast of Grove Street, two (2) poles. (Two exis- ting j/o poles to be removed.) Notice was received from the State Department of Public Works; with reference to snow removal on Route 2A, Town Gap, 0.20 miles. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to advise Commissioner Callahan that the Selectmen would like to continue the arrangement whereby the State will plow the entire length of Maple Street and the Town of Lexington will remove the snow on all of Massachusetts Avenue. Snow removal 1 485 Mr. Stevens arrived at the meeting at 7145 P. M. He explained that two claims were brought for land damages on Paul Revere Road and now are pending. They are Levings and Hollis. He also referred to a Miss Powers who received notice of the taking in the plan and the order of the County Commissioners in which the name Michael Powers was listed. However, Miss Powers received the notice and the time has ex- pired,in which she could bring any proceedings. He said that he thought it would be in order for Mr. Burns to talk to her. He said that, in reference to the other two, an appointment should be made for them to discuss the claims. Mr. Burns retired at S:00 P. M., and Mr. Daniel A. Lynch met with the Board. He said that, for the record, he called the Chairman last week and told him about the Callahan case. Some time, probably in August, Mr. Callahan and his wife saw Mr. Lynch at his home, having been referred to him by Mr. Errol H. Locke for whom Mr. Callahan works. On June 27th the Callahan boy, who is ten years old, had attended an Arts and Crafts class at the playground and after the class was over he and another boy were on their way to the swimming pool. The other boy, who had brought a dirk to the class, threw it at a tree, and it bounced off and hit the Callahan boy in the eye. Mr. Lynch discussed the case for approximately half an hour and following is a brief resume. He told the father of the child that there is no legal liability on the part of the Town. The boy's mother had inquired as to whether or not there is supervision at the playground and was informed that there is. The boys were requested to bring knives to the Arts and Crafts class, and one boy brought a dirk a knife with an open blade instead of a clasp knife, and it was this knife that caused the injury. The boy was examined by the instructor, given first aid and sent home. His mother did not notice any injury, but when his father came home from work he thought he noticed a fine cut and took the boy to D. Harrington who confirmed the diagnosis, called a specialist and arranged for admittance to the Massa- chusetts Eye and Ear Infirmary. An effort was made to save the eye, but it finally started to ahrink and had to be removed to prevent a sympathetic development in the other eye. The financial circumstances of the family are not too.good as the father works as a laborer for General Radio, has eight children and his wife recently under- went a major operation. However, General Radio has a fund -for cases of this type and advanced money to cover the doctor's bills which sum should be repaid if the Callahan's are able to do so. 436 Mr. Lynch argued that there is a definite change in the boy's personality, is not .able to ride his bi- cycle, i-cycle, bumps into things around the house and is doing reasonably well in school but not as well as he did. He has lost depth perception, peripheral vision, cannot participate in sports and will be restricted in his future occupation. Mr. Lynch has drafted a bill to be presented to the Legislature, and put in the amount of $15,000; said bill if passed to be presented to the Town Meet- ing for a vote. -He did say, however; that the bills incurred to date total $800. He said that the sum of $15,000 would be the maximum, the amount to be paid to the boy or a legal guardian. He said that in order to get.this bill heard by the Legislature and have any result, the Board would have to approve the filing. He said that he was not asking the Board to be the petitioner, he would do that, and ask fir. Ferguson to file it. He explained that if the Board signs -the bill and it is passed by the Legislature, the Town Meeting in March can vote under the Act, a sum up to $15,000 or turn it .down altogether. He said that the Board may feel the Town should not pay any money, but, nonetheless, he would not like to have the Board deprive the boy of the right to go before Town Meeting. He said that the Board may object on the basis of establishing a precedent, but he did not think it would because on a minor claim he thought no one would go to such extremes as this. He said, if the Town Meeting turns it down, he will feel that he had done everything he can for the boy. He said that if the Selectmen do not approve filing of the bill, that ends the matter. The Chairman said that he also thought of the estab- lishing of a precedent, and no two people will view this in the same.way. He said that the Board regrets the ac- cident and are sympathetic. He asked if there were some maximum figure, and Mr. Stevens said there is none that he knows of. The Chairman said that, besides the possibility of establishing a precedent and the question of a maximum amount, there is the matter of procedure. He said that possibly another procedure would be to present the case to the Town Meeting for the sense of the meeting and then subsequent to that if the meeting approved,' it would go to the Legislature. Mr. Lynch said that first an article would have to be inserted in the warrant, and it would be pretty much of a nullity. He said that if it goes to Town Meeting and then to the Legislature and back to another Town Meeting, it would delay the boy for another year. The Chairman said that if the matter is handled sympathetically, and he is awarded money, it will not make a great deal of difference if he gets it in four months or in eighteen months. He said that no doubt 1 1 1 437 General Radio would,.be willing to spend the small ad- ditional amount if necessary. He explained that Mr. Stevens mentioned the fact that if the Board goes to Town Meeting with a bill passed by the Legislature, it will have a definite in- fluence on the Town Meeting members for the Legislature must have approved it or would not have passed it.. Mr. Lynch said that if the Legislature approved it and Town Meeting went along, that is what he would want. The Chairman said that was a fair statement on Mr. Lynches part. He. stated that he believed the Board would rather have the local body decide on the merits of the case before the Legislature gets into it. Mr. Stevens said that what he had in mind was that a vote would be adopted at the Town Meeting authorizing and directing the Board to file such Legiklation. He said he was not sure if the Town could, at that same meeting, make an appropriation subject to passable action by the Legislature on that bill. He said that bills do not receive much consideration in the Legis- lature. He said the feeling may be that if the Rep- resentative from the area wants it, why not pass it and let the Town decide. The Chairman said it would have its effect on -the Town Meeting, and Mr. Lynch said that he would like to have that psychological effect. The Chairman said that the Board is sympathetic and the Board relies on Town Counsel's reaction to things like this. Mr. Stevens said that there are a great many of these bills in every Legislature, and it isnot a pleasant thing to oppose them but many have to be opposed, and if it were not so, money raised by taxation wouldbe spent by anyone who was heard. He said that in some of them the line can be drawn and if the accident happened on land of a private corporation, there would have been legal liability. This case would have to come under the class of eases that, even if it had been a private organi- zation, there wouid be no legal liability. He. said it.would be looked at from the point of view as to whether or not the people of the Town as a whole should be asked to pay for this very unfortunate cir- cumstance. He asked if a boy were at the playground and broke his leg how it could be distinguished from this case. He thought the intent would be approval by the Board if it filed the bill before presenting it to Town Meeting, and if the Board approves and files it, it will be accepted. It seemed to him that it would be out of character to approve filing the bill and then send the Town Counsel up to oppose it.' He said that the Board has to decide if it will approve it or not. 438 Mr. Gay said that if the Board approves the bill, it also approves some payment, and Mr. Stevens replied that it definitely would. The Chairman said that he would be unwilling to hurry this, and before any decision could be made, all members of the Board would want to discuss it with Town Counsel. Mr. Stevens asked it it went through the Legis- lature wouldn't it be difficult to present it to the Annual Town Meeting, and Mr. Lynch said that he thought time would be short. He said that $15,000 appropriated by Town Meeting would mean less than fifty cents on the tax rate. He said that he agrees with what the Chair- man said about having a full Board discuss it with Town Counsel. Mr. Lynch retired at 8:45 P. M. The Chairman asked Mr. Stevens what his reaction is to the maximum sum named, and he replied that he Would want to check it. As he recalls, in most of these bills it is a smaller amount authorized, be- cause it is more to pay for the expenses. He said that he does not think there is an attempt to compen- sate for disability to any material extent. He said that the sum is very small if the Town is going to try and compensate for the loss of an eye. Memo was received from the 'Massachusetts Select - Police men's Association in regard to a police school, and the School Chairman agreed to refer the communication to the Chief of Police. Mr. Stevens reported that Representative Charles E. Oerguson is working on the possibility of having Lexington mental patients admitted to the Metropolitan State Sanatorium rather than sending them to Worcester or Westboro. Mr. Stevens retired at 9:10 P. M. Memo was received from Officer Mowat explaining Transfer the necessity of requesting a transfer of $76 to the Dog Officer Expenses Account. However, the Approp- riation Committee had alregdy approved the transfer. Copy of letter from the Appropriation Committee Transfer to Forest Warden Cook was received advising that a transfer from the Reserve Fund to the Forest Fires - Wages and Expenses Account in the amount of $250 had been approved. Use of room Application was received from Mrs. James Flynn, on behalf of the Youth Study Commission, requesting permission to conduct a meeting in the Selectmen's Room on January 7th from 8:00 P. M. until 10:00 P. M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the request. 1 1 439 Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licenses: '(Quote). * The Chairman read a letter from Mr. Carroll, Clerk of the Board of Registrars, requesting a trans- fer of $110 to cover the cost of printing supplemen- tary voting lists for the election held on November 4th. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to recommend to the Appropriation Committee a transfer of .$110 from tie Reserve Fund to the Board Transfer of Registrars P.Xpenses Acccount. The Chairman read a letter from Chief fly:croft advising that Richard Herbst, director of the Lexing- ton Boys' Club, has requested that he be appointed a Special Police Officer. The Chief has investigated and. determined Mr. Herbst to be of good character and Special reputation. • Police Upon motion of W. Gay, seconded by Mr. Reed, it was voted to appoint Richard Herbst a Special Police Officer in the Town of Lexington for a term expiring March 31, 1953. The meeting adjourned at 9:35 P. M. A true record, Attest; Wildacre Inn 50 Percy Road Minute Man Restaurant 1715 Mass. Ave. Ernest C. Martin 1793 Mass.. Ave. Simonds Pontiac 7 Mass. Ave. Lex. Amusement Co. 1794 Mass. Ave. Innkeeper (renewal) Common Victualler "` Common Victualler a 1st Class Agent " Sunday Movies 440 SELECTMENtS MEETING December 29, 1952 A regular meeting .of the Board -of Selectmen was -held in the Selectmen's Room, Town Office Build- ing, on.Monday evening,_Deoember 29, 1952, at 7t00 P. M. Chairman Nickerson, Messrs.. Gay, Driscoll and Reed were present. Mr. Burns, Supt. of Public Works, and the Clerl1 were also present.. Mr. DeScenza t s offer of $150 for fifteen lots on Edna, Freemont and Bellflower Streets was held over pending report from Mr. Burns. Tax title Mr. Burns explained that no clearing has been property done on the lots and that all trees and brush removed have been taken from the street. No action to be taken on disposing of the lots until Spring.. Mr. Burns referred to street developments and . stated that -nothing much is ever said about the fact that the streets are being built by the developers, type of work being done or the value. He said that -the streets under construction this year alone involve bonding for approximately $382,000 worth of work. He reported that over $15,000 worth of water mains have Street been installed this summer at the developers' expense, Construction the town supplying the gates and hydrants. The pipe and work involved totalled about $90,000. These streets, when completed, will revert to the town as town owned roperty and are about 16,000 feet totalling about $200,000 worth of work. He explained that a large portion of the $90,000 is already drawing revenue. Mr. Burns said that this added to the budget amounts to $1,400;000. . The Chairman reminded the Board that Mr. Burns must inspect all this work and from his own personal - observation the contractors have to be watched because they are interested in saving as much as possible. Public Works Department budgets for 1953 were discussed and acted on as follows: Budget Requested Approved Town Offices & Cary Bldg. $21,000 No decision Engineering - Expenses 1,23.0 $1,230' Mosquito Control 8,000 5,000 Sewer Maintenance - des & Exp. 4,050 4,050 Sewer Services - Wages & Expenses 37,800 34,100 The Appropriation Committee to be advised that this budget is cut back but a record made that it may be necessary to request a transfer. C." 1 Budget Requested sewer Construction - Sundry Streets Drain Construction - Sundry Streets The projects to be done to be left to the discretion of Mr. Burns. Garbage Collection Care of Dumps & Removal of Ashes Public Works Bldg. - Wages & EXp. Highway Maintenance - Wages & Exp. Highway Maintenance - Chap. 90 Highway Construction - Chap. 90 Street Constr. - Sundry Street Constr. - Capital Outlay Highway Dept. - Road Machinery Highway Dept. - Road Machinery Capital Outlay Traffic Regulation & Control Street Signs Sidewalks $110,340 39,080 15,000 6,220 13,600 70,400 1,000 4,000 43, 000 102,000 28,300 14,800 3,095 1,150 500 Approved no decision $34,000 20,000 6,220 13,600 70,000 1,000 4,000 37,000 45,000 28000 17,800 3,095 1,150 500 441 The Chairman reported that the Appropriation Committee has- approved a transfer from the Reserve Fund of $6,100. to Water Construction 16° and over (Woburn Street). Letter was received from the Chief of Police advising that the Massachusetts State Police Training School be- gins a four weeks courseon March 2, 1953. He would like to send representatives from his Department to attend Police the course and, therefore, requested a transfer of $200. School Upon motion of Mr. Driscoll,,seconded by Mr. Gey, it was voted to recommend a transfer from the Reserve Fund to the Police Department Expenses Account of $200. The Chairman was authorized to contact the Chief and inquire as to whether or not there is now a police officer trained in finger printing. The Chairman informed the Board that Mr. Burns will need additional funds in his ,insurance account because the survey which was made this year increased the valuations. Upon motion duly made and seconded, it was voted to recommend to the Appropriation Committee a transfer of $800 from the Reserve Fund to the Insurance Account. Copy of letter from Mr. Stevens to the Approp- riation Committee was received in regard to the special Act authorizing the Town to borrow for the purposes of acquiring land for and constructingone or more school buildings or. additions to existing school buildings. Dar. Stevens explained in his letter that there is about $500,000 of the authorized borrowing that has not been used and the Act will expire March 21, 1953-. He has, therefore, filed a bill for the 1953 session of the Legislature extending the time to eight years from March 21, 1947. Transfer Borrowing 442 Trust Fuhds Letter was received from the Lexington Savings Bank advising that on October 15, 1952, there was on deposit under Trustees of Public Trusts, Cemetery Funds, a total principal of $31, 185 represented by 236 separate accounts. The Chairman read a letter from the Appropriation Transfer Committee advising that a transfer from the Reserve Fund to the Fire Department - Expenses Account in the amount of $400 has been approved. Letter was received from -Chief Rycroft advising that on January 24, 1953:, Officer William O'Leary will O'Learyts be sixty-five years of age and must retire from the Vacation Department. He requested approval of payment of two weeks annual vacation beginning January 10, 1953. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the request. Uses of Halls Licenses Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following uses of halls: Richard F. Jackson Conf. Room Jan. 8th 4-k Meeting Lex: Arts & Crafts Cary, Estabrook & Conf. Room Apr. 26 Ibchibit Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Anna E. Phillips 29 Depot Square Com. Victualler Lex. Amusement Co. 1794 Mass. Ave. Sunday Movies The meeting adjourned at 9:00 P. M. A true record, Attest: 1