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HomeMy WebLinkAbout1957SELECTMEN'S MEETING January 2, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room,'Town Office Building, on Wednesday evening, January 2, 1957 at 7:30 P.M. Chairman Reed, Messrs. Maloney, James, Tucker and Mrs. Marey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Supt. of Public Works, and the Executive'Clerk were also present. Mr. Spiros was also present. The Lexington School Committee, School Sites Committee and Superintendent of Schools, :John Black- hall Smith, met with the Board. The Chairman explained that, upon the suggestion of Mrs. Morey, it was decided to call the group to- gether in an effort to arrive at some decision. He explained that.the Selectmen have heard Mrs. Morey's report but have not heard which site the School Com- mittee prefers. He said that the Selectmen have been over the cite but since that time, have not discussed the subject as a Board. Mrs. Marek reported that three members of the School Committee went over the sites on Saturday and believe there are certain advantages and disadvantages to both sites. As far as the educational aspects are concerned, the committee agrees that a good school plant could be built and the surrounding land used and either site would be satisfactory frci that point `of view. ¥rs. Greeley said he thought it was the consensus of the two groups that they have no strong preference for 'either one.•or theother,'-mut at theomgment feel the additional cost of the Chiesa -Bull site would not buy enough morefor the -Town to warrant the additional expenditure. -He explained that the argument in favor of the Bull -Chiesa site is better access; three good points of access rather than two. On the other side of the picture, there would be more grading to the' CYiiesa-Bull site thati to the Lidberg site.. He said whichever landtis not taken will probably goiinto de. velopment and the quality of the land for development in the Bull -Chiesa site would be of a higher quality than the Lidberg land. He said he thought it was really the walking distance in favor of one site vs the additional cost for grading on the other side of the picture. He said that it lboks to him as if the 239 School Sites 240 additional cost of the Bull -Chiesa site might be three to five cents per pupil per day. Mrs. Marek said that there would be some traffic problems to be worked out with both sites. Mr. Greeley said that the Lidberg site would hasten the need for decision of what is going to be done at North Hancbck and Burlington Streets and would put additional pressure, it it is needed, in the line widening Burlington Street. He said that in either site the demand for sidewalks is about the same. Mrs.i4orey said that she did not agree and stated that'whichever side is developed, North Hancock Sget, Blake Road and Burlington Street will give streetsyw 1 htve to be widened and sidewalked. Mr. Greeley said with the additional tdrning movement on Burlington Street. it would tend to put more traffic there. There will be more people coming from different directiods. Mr. Tucker said that'it was mentioned that the Lidberg property will probably be developed and asked if there were any indications that the other property would be, Mr. Greeley replied that Chiesa has given the im- pression that he wants to farm, and insists that he has no intention of selling. He said the Lidberg property` definitely is for sale and the Chiesa property is not. He said that he does not knew if Chiesa has faced the prospect of what he is going to do when the Lidberg property if no longer available to him as he rents land now from Lidberg. He speaks as though he intends to continue to farm. Mr. Tucker asked if, when that land is developed, would the town buy a strip for the continuation of Diehl Road and Mr. Greeley replied that he thought soy He said when he does develop his property he thought the Planning Board would be able to acquire access adross there which would help solve the pedestrian problem. Mr. Tucker said that there would be'a definite approach the name as it the Fiske School. The Chairman explained that the Town has a sewer easement on Burlington Street and the lot itis on has 125' frontage. He said that would be an access at that point. Mr. Greeley said if the Lidberg property is takes! that lot should be taken. The Chairman said the Town should take the whole thing which woukd make a much better access than on Burlington Street. 1 4,4 Mrs. Mor of the Lidber *to Millican a He said for o the in town s be needed to land is much Mr. Stee lands f or "pay . Mr. Gaye lines. The T igg': through Mr. Jame the Bull-Chie 'plied in the for water, se The figure us he does not Mr. Maloney d Chiesa proper cost would.be-more on the Chiesa than it would on the Lidberg. Mr. Malo done a.little looks as.if t Mr. Gree berg property Mr. Gree he thought it the Town takes the Lidberg property. He said he thought it would make save a few t Mrs. Mor hand. Mr. Stee and he said Mr. Gree and the Lidbe across to the y said that the committee has talked lot as needing the hill belonging d asked if they bould getaa ongibitffi.bytt it. e thing, if the school is to be entirely on de of the trunk sewer that property would ke room for the school. He.said the high atter for the school. e said it would be better to hold the level - said he was thinking along the utility wn does have the trunk line of sewer go - here and water available. saied if.the additional cost for developing'- a site was a guess and Mr. Greeley re- ffirmative. He said he obtained figures er, storm drain, streets and sidewalks. d was within 5% on the two sites. He said ve any figure on grading costs. However, d say it would cost $50,000 to grade the y. He said that certainly the grading ey said he was not an expert, but having work and just walking through there it e site development would be expensive. ey said that the play areas on the Lid - could be left pretty much as they are. ey referred to the Millican hill and said would be very desirable to get that if a much better sate for the school, just to ousand dollars in the price. y said it would give the architect.a freer e said he talked td) Millican some time ago e would do anything at a reasonable price. ey said whether that land int taken or not, g property is taken, the children will go Millican-greenhouses, Mr. Malo ey said he did not think the Town should pass that up if the Lidberg property is purchased. The Chairman said he thought the Board had enough information t put all the pieces together and arrive at a deoisio Mrs. Mark asked: if.the Board were planning to do anything abo studying or re -studying the drainage . of the footba1 field. * Mr. Greeley s=id that there is a possibility. 241 Football field drainage. 242 Street light The Chairman explained that the original plan to dawin the enclosed field is about three quarters ,finished, but has never been completed. The 'laterals have never been put into the foolball field itself.'. He said Mr. Gayer is new and has opinions on the field himself. He.said he has been after Mr. Gayer to get the laterals in, and the brook is still can- ning into the middle of the field. He said he thought the answer to be that "the Town -will- eventually" have to pipe Vine Brook. It was not piped before because Mr. Jackson was using the brook. He said now the field will have to be abandoned or the brook piped. The group retired at 8:00 P.M. The Chairman reported that.he received a telephone:, - call from a Lincoln Selectmen who wanted till know if the Town could increase the size of the light at Mt. Tabor Road and Route 2. They feel the area should be better illuminated because of the bad turn. Mr. Gayer explained that the present light is an 800 lumen for which the Town is paying $18,74. If a 6,000 lumen is put in, which Lincoln has in most.of its lights, the cost will be $35:04 more per year. There would be no charge for changing the fixture. A _,_ 4,000 lumen light would be $25.54 more per year. He said that, with the amount of traffic involved, he thought a 6,000 lumen should be installed. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to authorize the Superintendedt of Public Works to increase the lighting at Mt. Tabor Road and Route 2 to a 6,000 lumen light. Mr. Gayer reported that he had received bids for cast iron water pipe as follows: United States Pipe & Foundry 1100 feet -12' 700 feet - 6"' 1.88 per foot 1.16 per foot Bids on water pipe Shahmoon Industries, Inc. (Warren Foundry and Pipe div.) 1100 feet - 12' 4.78 per foot 700 feet - 6" 1.92 per foot R.D. Wood Company 1100 feet - 12' 4.82 700 feet -6't' 1.94 Del 1 Mr. Gaye Street, the G Upon mot Tucker it was by Shahmoon I Mr. Gaye Mr. Davi Board relativ on Alpine and The Chai are cut off b that the Boar for wanting t be able to bu able/inXd��g he had conste the price for with the sales which has a e The Chai lots and Mr. he could not something wit to put in a 6 investment. The Chai tend to build the expense o Mr. Wals and would pro The Chai sideration th put through 1 300, and fel Mr. Wals ;300 is a low Mr. Wals said he would have a desire The Chai ing permit co Mr. Tuck Walsh also w asked what he Mr. Wals He said later and'put in a explained that the pipe is ey Nuns and Winter Street. on of Mr. Maloney, seconded voted to accept the low bid dustries, Inc. retired at 8:25 P.M. Walsh, 9 Alpine to his offer'to Wbod Streets. n explained that the lots on Wood.Street the relocation of the street and said would like to know Mr. Walsh's reason acquire them he said that he would not ld on them. • .explained that he ea. He indicated cted his house and the tax title lots in the area. He paid ;850 for his land ear title. n asked if he intended to build on the alsh replied in the aegativeiHe.said et his car into his garage and has to do the street. He said he has spent ;500 main and wants the lots to protect his man pointed out that if he does not in - on the lots, herwouid not have to go to having the title cleared. said he knew that, .but be is a lawyer ably clear the title anyway. man said that the Board took into con- fect that the lots would have tb be nd court, at a cost of approximately that1800 was a reasonable price. said he was under the impression that figure for registering. the pointed out lots out on / plan and. lily to purchase them as he would then le building lot. man said that he did not know: if a build- ld be obtained. r referred to the plan and said that Mr. ted to purchase some other lots. He intended to do wits thugs„ said he wanted to protect his investment. on if he could tie up the other lots treat, he might want to move across the for Adams by Mr. submitted Street, met with the purchase tax title.lots has gone to consider - on a map where. said that he thought would be comparable 243 Tax title 244 street, but he has not intention of selling now . Mr. Maloney asked if he desired to acquire these'. lots to protect his investment for,street and water. Mr. Walsh replied in the affirmative. The Chairman said that the Board will not con - aider selling the lota.on Colonial Avenue but will give further consideration to his offer for the lots on Wood Street and advise of its decision. Mr. Walsh retired at 8:35 P.M. A. ¥r./Irving Dodge, Chairman of the Jersonadl Poiicy Committee of the Teachers? Association, met with the Board. The Chairman explained that the Board had re- ceived a letter from the School Committee urging the Selectmen to take some action relative to eke group insurance. He mentioned that some timerago Mr. Dodge was advised that the Board had not taken any• action on the subject. He said in 1953 there was an Act passed permitting towns to provide life insurance to employees; one-half to be paid.by the town and one- half by the employee. At that time a number of in - surface agents expressed interest. He explained that a canvass of the employees in the Town Hall and other dep- artments at the time showed that there was kb interest. He said the cost was very small to both the employee and the town which would be about $5,000 or 46,000 a year at the most. He said that since that time, there has been a new group insurance which includes hospitalization for which the town would }lave to appropriate money. Recently it has been established that this can go on the ballot and the town shall ap- Group propriate funds. He said that the money involvedfor Insurance this is at least *35,000 a year which the Board feels should be discussed. He explainedthat at least some members of the Board think a committee should study . the subject, due to the large expenditure involved, and that the committee should be authorized by Town Meeting. Mr. Dodge said that he could not quote figures and asked if the Board had investigated the east to other towns that have accepted it. The Chairman explained that his figure was ob- tained from Mr. Carroll. Mr. James said he thought this was a major ex- penditure. The Board does not know enough about it nor does it have the time to look into the various kinds of insurance available if the act were accepted by the Town. Therefore, he felt an impartial committed immh C�7 1 should study the town shou have it clear Mr. DMdg men to desig that was torr Mr. Dodg with Blue Cro want to conti Mr. Jame having a comm ,the town prov Cross -Blue Sh would like to group of peop in their 6pin Mr. 4JDod it before the like a study 'The Chxi raise. With is voted the other town e not vote the He said he wa floor whether insurance. Mr. Dodg been accepted figure, by wo paid somewher he understood which might a to the Act. i either retai employees. The Chai life insuranc Mr. Jame Mr. Dodg one being the advantages. to remain in no insurance and coverage would like t town employee was going to going up, the he subject and recommend which insurance d buy, should the town accept it and d before the question goes on the ballot. said that the Act provides for the Select- te an insurance company and Mr. James said ct. said that many of the employees have been s and Blue Shield for so long that they ue. $aid this Wes a major expenditure and by ttee study it, they might recommend that de only life insurance and let the Blue eld stay with the employees. He said he have the entire situation studied by a e who would recommend to the town whet,, on, should.be done. e asked if it weren't mandatory to place town and Mdr. James replied that he would de before presenting it to the town. n explained that this is a form of pay he School Committee, once the pay raise own must go along with it. As far as loyees are concerned, if the town does oney,rthey just don't get the increase, sure the question would be raised on the there was to be an increase in pay and said this is a fringe benefit and has by 25 or 30 towns. He said he had a 1 of mouth, from Watertown where they in the vicinity of $23,000. He said there is.a dividend back to the town ount to 55,000 or $10,000. According is a prerogative of the Selectmen to the dividend or distribute it amoung the man said that the dividend would beton only, and it would not be that much. said that 1.0%' o2 ,aziy- .pc�end? xm. •:3sz*ph�atty high. said that there are some disadvantages increase in the tax rate. .There are some his would be an advatage for an employee exington. Some people on the payroll have hatever. It might possibly help them, is better with a large group. He said he emphasize the fact that a good many of the were very conscious of the fact that this cost the town money. Realizing taxest were felt that it was decision to make. 245 246 However, they felt that industry is doing it and to be in a competitive position with industry, they felt it was a justifiable request. Mr. Maloney asked if this Act had been in force long enough•for the people to vote on it and Mr. James explained that, when the latest vote was passed, it made it mandatory for those who accepted the previous Act to accept this. Mr. Stevens explained that all the.towns which have accepted this have not put in money. Now they will have to appropriate the money and get a contract. Before it simply gave the authority to appropriate money, Now if they took this step, they have to pay. Mr. James said that there have been three Acts. Mr. Stevens said if the Act is accepted, the town is committed to the expenditure. Previous to 1956 the acceptance did not commit the town to an expenditure. One is permissive and this is comp] ite The Chairman said it was in view of the fact that the Act had been changed and it would cost the town a large amount of money that the Board felt a committee should be seguneknted,, d to study the subject more. Mr. Dodge said his case was presented on the 1956 Act. Mrs. Morey said that the 1955 Act was the one he passed out and they did not then have a copy of the 1956 Act. She said she did not get the impression it was compulsory. Mr. Dodge said he was under the assumption it had to be presented to the town. The Chairman said that was correct, but if ac- cepted it must be put into effect. Mrs. ¥orey asked how the money would be provider if the Act is accepted and Mr. Dodge said he did not know. He said possibly Special Town Meeting would have to be held to appropriate the money. Mr. Stevens pointed out that there might be dif- ferent plans and he did not know if the town had a choice. He said if accepted, the County can handle it but whether there were any benefits by doing that he did not know. Mr. Dodge said that he has not given this too much study. Someone had to start.it and it was brought up at the Teachers' Association Personnel 2 Policy. Committee meeting. Whether this group will still urge the issue be forced he did not know. Mr. Stevens said it would beve to be accepted only on ballot before the town can put •it into effect-. The Chairman said that the Selectmen would.like 1 to have a co .itteestudy the subject to find out the advisability of having such a plan, what it will cost the tow , and what plan is best for the town and report t the next Special Town Meeting. He said the Board .realizes this is the trend and by asking for a committee- oes not necessarj:ly mean that the Board is opposed. He said he would like very much, and hoped Mr: Doge could urge his group, to go along with the Boa d who wants to insert an article in the warrant fbr t e March Town Meeting asking to have a committee ap.ointed. Mr. Tuc.•er said that if the issue is forced, it may be defeated; Mr. Dod.e said he would like to have this put in the' paper wits. an explanation of how much it will coat. The Charman said that could be done if there were a committee. Mr. Jams said that would be the report of the committee, a d Mr. Dodge said that then if the people didn't want it, all right. Mr. Dod.e asked ,if the Chairman would send him a letter on it and the Chairman agreed. Mr. Dod.e asked if the Board had any objection to his distu .ing the Board's findings and the Chair- man replied ithe negative. He said the Board wou1i state everyt ing in a letter. Mr. Dode and Mr. Stevens retired at 9:17 P.M. Petitio was received from the Boston Edison Company and t.e New England Telephone and Telegraph Company for pproval of a j/o pole relocation on Marrett Road. The Chairman reported that the petition met with Mr. ayer's approval. Upon mo ion of Mr. Ma1otey, seconded by Mr. James it was voted to approve the petition and grant the following po e relocation: Ma ap St j/ An anti seised signe ing an appro Letter to Civil Def was instruct the members ett Road, northeasterly side, oximately 795 feet southeast of dman Road, One pole. One existing pole to be removed. le to be inserted in the warrant was re - by thirteen registered voters request- riation for all night street lighting. as received from Governor Herter relative se Survival Plan Project and the Clerk Civil d to send a espy of the communication to Defense f the Board. 247 Pole location Article 248 Licenses Approval was received from the Division of Civil Service of the two patrolman appointed by the Board on November 15, 1956. Upon motion of Mrs. Morey, seconded by Mr. Tucke. it was voted to renew the following licenses. Minute Man Restaurant Margaret & Sidney Heywood Anna E. Phillips Ye Towne Diner 1715 Mass. Ave. 271 Marrett Rd. 29 Depot Sq. 1722k Mass., Ave. Com.. Vic. Ren. H H 14 1 H H H H w The Chairman referred t1 the letter „from the Board of Assessors, dated December 6, 1956, relative to deferred betterments on which the three-year period has expired. The Chairman was authorized to advise the indivi- duals that the time had expired and the betterments are now due. At 9:15 P.M. Chairman George C. Sheldon and Mr. Harold E. Roeder. Board of Fire Commissioners, met with the Board to discuss 1957 budgets. The meeting adjourned at 10:05 P.M. A true record, Attest:, Executive Clerk, Select len Ione 1 1 A regular held in the Se on Monday even Chairman Reed, Mrs. Morey wer also present. The Chai Board with ref Board for ease quire as a loc Street from Ju copy of each a The Plann laid out acros ments and if t that the Town tension of the it then be pre acceptance. The Chair relative to ha The Chai Bureau of Aceo the payment of curred to an a moval of snow involving the in the Town of Signed pe Turning Mill R ing that both ante with town If the ro to town specif presenting the eluded in the March this yea The Chair Town Office Bu men to conside 249 SELECTMEN'S MEETING January 7, 1957 meeting of the ectmen's Room, ng,.January 7,, Messrs. James, present. The Board of Selectmen was Town Office Building, 1957 at 7:30 P.M. Maloney, Tucker and Executive Clerk was n read a letter ,from the Planning rence'to two options obtained by that nts it recommends the Town to ac- tion for the extension of Eldred Eldred Street tin to Grove Streets. A conformed extension reement was enclosed., ng Board requested that a town way be the land included in these agree - e Selectmen agreed,. it was suggested gineer prepare e. layout of the ex - street and a public hearing held and ented to the Annual Town Meeting for agreed to check with Mr. Gayer ing the layout made. n read a letter from the State s whereby authority was given for liabilities incurred or to be in- ount not exceeding $4,000 for the re- d ice due to the extreme emergency ealth or safety of persons or property Lexington. ition was received for acceptance of ad and Dema, Road; said petition stat- oads.have been constructed in accord - specifications and approved. ds have been constructed according cations and it is merely a matter of for acceptance, they are to be in- ists of streets to be accepted in n read a letter from the Additional iding Committee requesting the Select - the extension of the two present . Snow Removal amount approved Turning Mill & Demar Rds. 250 Town Office Bldg. catch basins Bond Blue Crutch Drive Tax title catch basins in the parking area at the rear of the New Town Office Building, and connection to Vine Brodk. The Chairman explained that there are two catch basins out there but they don't go anyplace. The water is backing up into part of the building now so it should be extended to Vine Brook anyway. He ex- plained that the Committee felt it was not an item that should be charged to its appropriation. He sug- gested, and the Board agreed, to have the item included in the 1957 .drainage budget. Letter was received from the Collector of Taxes, together with bond in the sum of $3,000 on behalf of Frederick J. Wright, Deputy Collector for a term et- piring December 31, 1957. Approval of the Commissioner of Corporations and Taxation was stamped on the bond and signed. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to approve the bond, to be filed with the Town Clerk. - The Chairman read a letter from the Stanley Hill Post, American Legion, requesting permission to con- duct the Blue Crutch March of Dimes Drive on January llth and 12th inasmuch as inclement weather caused post- ponement of the drive last weekend. Upon motion of Mrs. Morey, seconded by Mx. James, it was voted to grant the request. The Chairman read a letter from Robert R. Williams, 19 Ward Street, offering $150 for tax title lot #11 Short Street. It was agreed to hold over any decision on the offer until late Spring or early Summer when the Board would have an opportunity to view the property. The Chairman reported that.he had called Mr. Purington relative to the position of Director of Civil Defense. Mr. Purington has been over to Natick and was told that a town of this size would involve working four days a week. He and Mr. McKechnie are wil- ling to help but neither of them is willing to take over because of the amount of time involved. Mr Purington has a quantity of information for the Board and will meet here Friday at 3:00 o'clock to explain what he has found out and assist the Board in getting started on Civil Defense. Mr. James mentioned Maurice. Gagne as a possible director, but it was decided to defer any action re appointment of a director until after the meeting Friday. 1 The Chai Caribou, Main changing its meeting to a She wanted to if any regret problems pecu if it has eve under a city/ The Cha letter and ad of this size been no regre precincts and city form of Upon mot it was voted George R. Ree Smithts Paper Wildacre Inn At 8:25 sultant to th the Board of town map. Mr. Hat Board finishe will have bee maps would be the town. Mr. Snow a diagrammati is difficult ported that t a contract wi plan of which He said plans either could be phot a system of town. He sai photographic this phase of such maps bei well as, other scale propert tween $3.00 a estimated for of town and t in the open s The figures i sary field wo to 100 scale n read a letter from Virginia Syjatz, advising that Caribou is considering orm of government from an open town epresentative form of town meeting. know the attitude of Lexington citizens, had been expressed about the change, iar to representative town meetings and been. suggested that the town be operated overniaent. /form of man was authorized t: 4_ acknowledge the ise that it is impractical for a ton o have open town meetings, that there had s, the only problem being a revision of that no suggestion had been made for a overnment. on of Mr. Tucker, seconded by Mr. James, o renew the following licenses: & Son Inc. 1721 Mass. Ave, Com. Vic. Ren. Store, Inc. 1832 Mass. Ave. " 50 Percy Road , " .M. the Planning Board, Mr. Snow, Con - Board, Mr. Cronin and Mr. Connell of ssessors, met with the Selectmen re a way explained that when the Planning the present project, its own needs accomplished, but the Board felt tlie' of great value to other departments of explained that the present town map is map and, as more streets are added, it o put them in the proper place. He re - e Planning Board has undertaken to have h an Engineering Firm, to draw an accurate he presented a rough draft. he. town does have a number of 40 scale n cloth or tracing paper and these graphically reduced thereby beginning ps showing all the pieces of land in the it is estimated that the Bost of the ork and drafting necessary to complete a set of maps would be approximately*2,000, g of considerable value to the Assessors as town officials. To complete a set of 100 maps for the whole town would cost be- d $6.00 a parcel, the lower figure being the well-developed residential sections e higher figure for the larger parcels aces. elude a winter aerial surveTi and neces- k. If there are 6,000 parcels of land nd fitted into the co-ordinated system 251 Licenses Town map 252 in town, it is estimated that the total amount of work would cost a minimum of $20,000. The engineering firm now engaged in preparing a new map for the town states that it would not be economical to spread the work out over a period of more than three years. Mr. Snow reported that the Town of Wilmington has picked up 1200 parcels of land alone, and paid for the cost of the map through the re -assessment. Mr. Hathaway said this would -also be valuable to the School Committee and Recreation Committee. Mr. Cronin said if such a map were available, the entire sixteen square miles of the town could be ac- counted for. He said that the Assessors'•work does -re quire good maps as they are dealing with metes and bounds, Mr. Snow reported that the men who worked for the Planning Bob g two years ago did a•lot of the basic work and/Planning Board has a record for the past two and onehalf years of every piece of land recorded at the Registry, He said he believed the cost to be abut as low a -figure as would be possible under the circumstances, Mr. Maloney asked if a contract for that price could be obtained and Mr. Snow replied that they would be glad to write a contract. They gave the Planning .' Board unit figures; so much for draftingfimmuch far field work, etc. When they get so much/work done or so much drafting done, they send in a bill. The Chairman asked if the most immediate use of the maps would be by the Board of Assessors and Mr. Snow replied in the affirmative. He said once there is a town map at 400 scale, it can be enlarged or re- duced"to serve any purposes. Mr.Valoney asked if the town• would recover enough land to compensate for the cost of this map. Mr. Snow said it would recover some land belt he had now idea haw much. Mr. Hathaway said that the Planning Board feels it is of use to the various departments, particularly to the Assessors, but the Board does not go on record as indicating that any land will be picked up. The Chairman said he felt this was something the Assessors should have and the town should be willing to buy it for that reason. •Mr. Hathaway said the Selectmen had time at their own pleasure to include this in the 1957 budget and that the Planning Board's mission is accomplished. The Planning Board retired at 8:45 P.M. tml 1 The Chair today in re th it will cost $ $49,000 and no been discussi the actual pri Mrs. More Meeting Mr. Wa that was still down to $45,00 even lower and that. She rep the money in sell that piec that Mr. Spagn The Chair he only has an Mrs. More Spagunol©. Mr. James berg property Mr. Malon three acres. by Gordon Stee time it was be The Chai to Wacker and talked to him .The Chai is not talking Mr. James five acres. Mrs. More good. It migh but the town w The Chair $1400 an acre for the road. Mr. James Mrs. More deal with Walk Mr. Tucke it is dealing It was ag and then arran with the Board reported that he called Mr. Tropeano Lidberg property and was advised that 00 an acre which makes the total $45,000, the figure the Board has He said the Board should find out e before arriving at a decision. reported that the day of the Precinct ker came down to $50,000. She said high and, on the telephone, he came He said he would consider going Mr. Greeley has talked to him beyond rted that Mr. Walker was eager to get nd and it is money in hand that 13111 as far as he is concerned. She said olo insists he is the owner. n reported that Mr. Tropeano told him option and Mr. Lidberg is the owner. said that Walker has an option from mentioned that in addition to the Lid - here is the Millican property. y asked how much and Mrs. Morey replied he explained that Millican was approached e and he said he would so -operate at the ng considered with -the Chiesa property. said he woad like to know who talked s. Morey said that she and Mr. Greeley n said that at tie moment Mr. Tropeano that figure. asked if it were necessary to have thirty- explained°that ten acres of the land is no be eventually developed for a skating aiei, 11 be getting twenty-five good acres. n °fad that the town would hbt be paying or/10A but would be paying something asked who the Board had to deal with. said that Spagnuolo said the town had to r, said that the Board should find out who ith and what the price is. eed to have Mrs. Morey call Roland Greeley e a meeting for the entire group to inset Chief Ryc oft met with the Board at 9:10 P.M. 253 Junior High School Site 254 The Chairman stated that last week the Board thought a letter should be written to the man in- volved in the apprehension of the individuals who have been breaking and entering houses. The Chief would like to give the Board a complete story on the subject before the letter is written because there were actually more men involved than was mentioned Police in the Minute -man. Following the Chief's report, it was agreed to acknowledge the assistance given by the Police De- partments in Newton, Arlington, Waltham, Lincoln and the State Police. The Chairman reported that the Harrington School Building Comm3,ttee has approved the lights for the Street Harrington School and,instructed the Clerk to have lights the Superintendent of Public Works contact the Boston Edison Company. It was agreed to discuss budgets with Mr..Gayer on Wednesday evening, January 9th at 7:00 P,M. Mrs. Morey brought up the subject of re -nego- tiating the prosent garbage contract in an effort to improve the service. Mr. Maloney recalled that thei Wn cannot'legally pay more than is written in the contract and said that the Board should do something to help the collector. Garbage Mr. James suggested an educational program and it ,was felt that possibly, Mr. Collins, the collector, should be ova ted tck t meet with the Board in May or June to discuss such a program. ,The meeting adj ourned at 10:00 P.M. A true record, Attest: / - ec1utivq✓>gler11k Select 1 SELECTMEN'S MEETING January 9, 1957 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday evening, January 9, 1957 at 7:15 P.M. Chairman Reed, Messrs. James, Maloney and Mrs•. Morey were present. Mr. Gayer, Supt. of Public Works, and the Executive Clerk were also present. lows: • Budget Requested Approved Insurance $33,096,40 More information requested on Building Fire, Burglary & Robbery, Extended Coverage. Sup't. Public Works Expenses 1,860.00 More information requested on 1956 ex- penditures for Postage & Office Supplies. Amount expended in 1956 for Equipment & Repair to be broken down. Budgets were discussed with Mr. Gayer as fol, - Budgets 255 Engineering Dept Expenses 1,220.00 1,220.00 Town Office & Cary Bldg. 10,664.26 Expenses At 8:10 P.M. the following individuals met with the Board relative to proposed site for a new Junior High School: Messrs. Greeley, Tropeano, Walker and Junior High Spagunolo. School Site Mr. Tropeano presented, what he termed to be, the latest plan showing the proposed road from Adams Street. Mr. Greeley said that his understanding, from talking to a member of the Planning Board, was that they wanted a fifty -foot road because it may go over to Burlington Street. The Chairman said that particular phase did not concern the Selectmen. He explained when he talked to Mr. Tropeano he quoted a price of so much per 25t acre and a member of the School Sites Committee had a different figure. Mr. Tropeano said the figure the men gave him was $1400 an acre. Mr. Greeley said that before Town Meeting they spoke of *45,000. Mr. Walker and Mr. Spagnuolo said that was correct. Mr. Tropeano said that they told him it was $1400 and he was not here this evening to change the figure. Mr. Walker said the price they talked to Mrs,. Morey and Mr. Greeley was $45,000. The Chairman said that the town would want a, fifty -foot road. Mr. Gayer said that he has always been in favor of fifty feet, Mr. Greeley said that he was sure the Planning Board would want a fifty -foot road, and Mr. Tropeano agreed. He said that from Adams Street into the school site wo;zld be Fifty feet but any so-called branch road would be forty and asked if the Planning Board would require those roads to be fifty feet. Mr. Greeley said he got the impression from a member of the Planning Board that they want a fifty - foot road. Mrs. Morey said that in the $45,000, it was her understanding that they would use the $45,000 as far as necessary to construct a fifty -foot road up to the school, opening their lots; a regular Planning Board Street. That is the first .obligation of the expenditure of the money. Spagnuolo said that was correct and that they would post a bond. Mr. Gayer said that there would have to be some assurance to the town that the street would be built, Mr. Tropeano said he could work that out with Mr. Stevens, IheChairman read the following boundaries vh ich Mr. Tropeano followed on the plan: Property apparently belonging to Spagnuolo, formerly belonging to Lidberg. All that part of the property west of a line running: from a point on the Chiesa property line 110' 1 west of property At right a Town Mai boundary boundary northerly from the the prop Verity p northerly, Spagnuo .straight 880'; hence,. O than the the boun properti On the sou by land Woods, B For the pu accepted exelusiv cthersewe ated to to the T ignment Mr. Gree have to be fi Spagnuolo sai Mr. Trop Spagnuolo wou is what the P said that the Mr. Trop on the street Mr. Gree ning Board gi Mr. Trop is intersection with ®+Connell gies to the south boundary of the . Sewer Easement to a point on such 210' northwest of the angle in said about 800' from Adams St., cross said easement to a pRlat 50' southerly boundary/455' from rty line between Spagnuolo and operties; arallel to and )E115+ from said o- Verity property line and its projection for a distance of a bearing 14 degrees more northerly previous bearing, gbout 550' to ary line between Spagnuolo and Pihl. s. h, west, and north, the tract is bounded f Chiesa, Millicent Gray, Ives, Atkins, lington St., and Pihl. pose of,computing price it shall be that the total area is 31i.-.50 acres„ of a 50+ way from the property at easement to Adams Street to be dedic- he Town as a street, without cost . wn, Said, street shall follow al- cceptable to the Planning Board. , ey explained that the boundaries may tired a little differently, and Mr. he could work this out with Mr. Snow. ano said that Mr. Walker and Mr, d put up a surety company bond which anning Board would want and Mr. Walker would. ano asked when they would get started and whenff� would be finished. ey said/thhs'part, after the Plan- es approval. ano said just to open this area here. 257 258 up -indicating on plan. Mr. Greeley said assuming they get through the Planning Board by April 1st. Mr. Walker said thay should have a complete road by June 1958. Mrs.. Morey said a little over a year afterthey have the approval of the Planning Board. Mr. Spagnuolo said it is not geod policy to finish the road until the services are in. Mr. Tropeano explained that as long as a bond has been posted, the town is covered. Mr. Greeley said they would like the school open by the Fall of 1959. Mr. Tropeano said June of 1958 would not be too far out. Mr. James said the road would be Viable and Mr. Spagnuolo said it would be open. Mrs, Morey said that they would have the drainage and water in and the final surface would probably wail until the school is done. Mr. Tropeano said he thought the agreement could be amended in regard to finishing the street. .t . Greeley said if the Planning Board approved it,/underground work could be done in 1957 Mr. Gayer said if the outlets were on the side. Mr. Walker said -the Planning Board would not want them under the sidewalk and Mr. Gayer said they could go to the edge of the pavedngt. Mr. Spagnuolo said that would be fine except someone might want to change the location of a house on the lot. Mr. Tropeano explained that on large lots such as these people want the houses in different places. Mrs. Morey asked if they wouldn't want to put up the houses as fast as possible to derive some return from their investment. Mr. Walker said if it works the way t ey wait it to, the whole thing will be built by June. (r. Spagnuolo said they could not wait too long before putting the surface in beeause the people will want the street finished. Mr. Tropeano said he would work these items out on the plan and then get tentative approval from the Planning Board. Mr. Spagnuolo asked who would get the plan done. He said that they have a plan now that has been re- corded wh1bhincluded the entire seventy-two acres, but the Planning Board will want another plan showing 1 259 just the parcel the town is taking. Mr. Tropeano said that it would be very easy to draw up .swathing from tha plan already on record mad that possibly the Town Engineer could do it. Mr. Gayer said: if they would bring in a copy of the plan that has been recorded, it should be easy for the engineer to make a plan from that. The group, with the exception of Mr. Gayer, re- tired at 8:l}5. P.M. Discussion•on budgets was continued as'follows: Budget Requested Approved Town Office & Cary Bldg. $10,664.26 Personal Services Town Offices & Cary.B1dg. 25'!400.00 Exvenses The Chairman brought up the subject of the wiring which Mr. Burns had mentioned as being very much in need of attention. It was agreed to have Mr. Jeremiah check the wiring. Public Works Building 29,310.00 Highway Maintenance 80,750.00 Street Construction-Suddr7 86,600.00 To include Moon Hill Road if percentage of signatures on Moreland Avenue are not too low. The meeting adjourned at 10:00 P.M. A true record, Attest: 80,750.00 xe�tive/,Clerky, Selectmen 260 Jurors SELESTMEN'S MEETING January 14, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, January 14, 1957 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney and Mrs. Morey were pre- sent. Mr. Gayer, Supt. of Public Works, and the Execu- tive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. The following individuals were drawn for jury duty: Harry.J. Mack, 19 Minute Man Lana and Henry C. Kirkland, Jr.,148 Cedar Street. Mr. Carroll retired at 7:35 P.M. • Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to renew the following licenses: Licenses Smith's (aper Store 1832 Mass. Ave: Com. Vic. Wildacre Inn 50 Percy Road Iiinkeeper The Chairman read a letter from Dr. William L. Barnes, 404 Bedford Street advising that he wished to reapply for deferment of the sewer betterment assessment, in the amount of $930.77, levied against. the far portions clhis property which has not .been Sewer built upon or/brim as of January 12, 1957. assessment Upon motion of Mr. James, seconded by Mrs. Morey, deferred it was voted, under the provisions of Chapter 159 of the Acts of 1950 to extend the time for payment of the sewer betterment assessment in the amount of $930.77, without interest., levied against property of Wi1liaa L. and Bertha L. Barnes, located en Bedford Street, 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 sewer main are used for said land or` any part thereof. Further consideration was given to Mr. John Casellota offer of *200 for tax title lots 30 and 31, Block 18, Tax title Ward Street. lots It was unanimously agreed to entertain an offer of *200 for each lot, plus sewer, betterment assessments totaling *175; the deed to be prepared to require that the two tax title lots be combined with lots 28 and 29. now owned by Mr. Casella. 1 Memorand phone and Tel of Signed Rig Williams Aven by the Town o Upon mot it was voted New England T Letter w Public Works Chapter 90 al Proect Concord Avenu Maintenance Letter w Highway Engin twining to th Acts of 1956. was mailed to Mr. Stev at 8:00 P.M. He asked in regard to man explained agreement wit and a map sho prepared. Mr. Stev check for Mr. Mrs. Mor to whether or garbage colle it would. Mr. Stev collector is let him have ago he wrote to get the to received a re signed by the Collins for h was received from the New England Tele- graph Company, together with three copies is covering one pole and anchor guy on e, a private way, involving property owned Lexington, on of Mr. James, seconded by Mrs. Morey, o sign the instrument and return it to the lephone and Telegraph Company. s received from the State,Department of dvising of the following tentative 1957 otments: State Town ,County, $10,500 $5,250 *5;250 1,500 1,500 1,500 s received from T. F. Harron, District er, with suggested articles and votes per- usge and proceeds under Chapter 718 of the A copy of the letter, articles and votes Town Counsel. ns, Town Counsel, arrived at the meeting if the Board had come to any conclusion he Junior High School Site and the Chair - that the Board had a.rrited at a tentative Mr. Tropeano on the Lidberg property ing the bounds is in the process of being ns said he would proceed to obtain a Andrews. y said that she had raised the point as not the Board could do anything about the tion and asked what the Board could do if ns explained that if the Board finds the of properly performing) it can refuse to t for the third year. He said two weeks letter to the broker and instructed him a bond and the necessary insurance. He ly to the effect that the bond had been Maryland Casualty and was sent to Mr. s signature. He,said that there are a 261 Pole & guy wire location Chapter 90 Chapter 718 Junior High School Site Garbage 262 good many powers in the contract. He said the town is supposed to have the bond by the first of February and there is ample time in which to receive it. Mr. Stevens retired at 8:30 P.M. Mr. Gayer said that if the Board pushes too hard it may find itself in the position of having no col- lection and will then have to be prepared to find some- one else interested in collecting and also be prepared to pay more money. He said some of the people know that the contract calls for two collections a week and they are not getting two collections. He pointed out that in this weather many of the garbage containers are not shovelled out. He reported that he has been working _ on the idea of having the collector leave a notice at the houses where material other than garbage is put in the containers stating that the grabage was not picked up for the reasons checked off on the notice. They would also be advised that the Selectmen are being not- ified that collection will not be made if foreign material is put in the garbage container. Mrs. Morey said it seemed to her this is the time to discuss the subject. Mr. Reed reported that two weeks ago he saw the collector on Dexter Road and he had no garbage that could be seen. It appeared to be newspapers and paper bags, Mr. Maloney reported that a Mr. Bryant and Dr. Sullivan contacted him advising that it is hazardous for women driving children up Pelham Road, turning in from Massachusetts Avenue, going to the new school. They would like some protection in the morning. , Mrs. Morey said that the Board had disc:.ssed•the. possibility of thetown getting a piece of land to straighten that corner. Mr. Maloney reported that Sister Genevieve does not want to be coming to the town all the time for something and feels if she speaks to himjit is suf- ficient. He said they are willing to co-operate with anything the town wants to do. • The Chairman asked what the complaint was and Mr. Maloney explained that they would like an officer assigned to the corner of Massachusetts Avenue and Pelham Road for three quarters of an hour in the mor- ning. Mr. James asked if he meant they were having trouble making a left turn, [r7 1 263 The Chairman asked what time was involved and Mr. Maloney replied it is between 8:30 A.M. and 9:15 A.M. Mrs. Morey said that the children are all taken to school and there is no pedestrian traffic. Mr. MalOney said that Mr. Bryant is the man' most concerned and they would like to go on record as looking for this protection. Mrs. Morey suggested a school zone sign, but the Chairman questioned if it would help. Mr. Maloney said that the pupils are in Junior Req. for High School by 8:30 and asked if the officer there officer at could then go down to Pelham Road for three quarters Pelham Rd. of an hour. The Chairman said that he would check with Chief Rycroft to determine whether or not ah officer can be assigned at the corner from 8:30 A.M. until 9:15 A,M. Budgets were discussed with Mr. Gayer as follows: Budget Requested Approved Insurance $33,096.4.9 . $33,096.4.9 Su ft. Public Works 1,860.00 1,860.00 txpenses Public Works Bldg. 30,482.00 30,482.00 Wages & Expenses Sidewalk Construction 50,000.00 50,000.00 More information requested - breakdown of proposed sidewalks. Highway Plaint. Ch. 90 6,000.00 6,000.00 Highway Maint. Construction 20,000.00 21,000.00 Highway Dept. Road Machinery 31,600.00 31,600.00 Highway Dept. New Equipment 26,425.00 Chapt. 718 Acts,, 1956 6,000.00 6,000.00 Traffic Reg. & Control 7,050.00 Street Lights 4.5,706.13 4.5,706.43 264 Street Signs Sewer Maintenance Wages & Expenses • 2,100.00 8,900.00 2,100.00 8,900.00 The meeting adjourned at 10:30 P.M. The Board will meet on Monday, Janpary 21,, 1957 at 7:30 P.M. for a pole location hearing,` The next regular meeting of the $oardrwill be held on Tuesday, January 22, 1957 at 7:30;P`.N,,, Al true record, Attest: f�. Y • • iC2��L'2iG2 tiv / Clerk Selecten 1 A regula held in the S on Monday eve Chairman Reed were present. Mr. Tucker wa Petition Company and t Company for a Upon mot it was voted for the foll Wal• th=m Street, easterly side, approxi- matel 310 feet north of Grapevine Avenue, One p+le. One exisitng j/o pole to be remov::d. 265 SELECTMEN'S MEETING January 28, 1957 meeting of the Board of Selectmen was lectmen's Room,Town Office Building, ing, January 2, 1957 at 7:30 P.M. Messrs. James, Maloney, and Mrs. Morey The Executive Clerk wsts also present. also present at the meeting. - was received from the Boston Edison e New England Telephone & Telegraph Pole j/o pole relocation on Waltham Street. location on of Mr. James, seconded by Mr. Tucker, o grant the petition and sign the order ing j/o pole location: The Chai Gas Company r of 3" steel H The comp Gayer and exp sary to suppl tion. Upon mot it was voted vision that t with Mr. Gaye The Chai Spring Street land and the the Board to tance of 775 would cost 4i street, but f Mr. Malo for it, he co the Board adv until the bud It was a Mr. Gayer tom sidered. n read a letter from the Mystic Valley questing permission to locate 220 feet gh Pressure gas main in Ames Avenue. ny has discussed the subject with Mr. ained that the installation is neces- gas to a new home now under construe - on of Mrs. Morey, seconded by Mr. Tucker, o grant the request subject to the pro - e installation be made in accordance s specifications andrequirements. n read a letter from W. F. Cowles, 187 advising that he has sold a parcel of urchaser wants water. Mr. Cowles asked onsider extending the water main a dis- eet. He stated that the installation Req. for money as the owner of both sides of the water it that it would improve his property. ey said if Mr. Cowles is willing to pay ld see no objection. He suggested that se Mr. Cowles that he would have to wait ets are decided upon. reed to discuss the request further with crow evening when budgets are to be con- Gas main 266 8 HanW1380 1 s atinglEhartgieroe effgnB&tHEA' beginning of the avenue reading "Not a Through Way" and another sign at the railroad tracks reading "No Trepassing". He asked for a clarification of the status relative to the right of trucks and cars to Hancock Ave. use the avenue as a through way. The Chairman talked to Town Counsel over the telephone and reported that it is up to the railroad and even if people use it, they have no comeback on the railroad. It is not the responsibility of the Town.to prohibit people from using the avenue as a through way. , The Chairman read a letter from the Lexington Golf .Club relative to t sewer betterment assessment in the amount of $2309.22 which had been deferred for three years, the time now having expired. The Club Golf Club would like to pay $909.22 immediately and extend the sewer balance of $1.00 for another three-year period. betterment Mr. James said he thought the entire assessment would have to be paid or else the entire amount would have to be deferred. He questioned whether a portion of the assessment could be paid. The Chairman called Town Counsel and reported that he thought there was a new law recently passed allow- ing partial payments of betterments. He agreed to check f-urther and advise the Board. The Chairman read a letter from A. B. West, 33 Oak Street relative to water betterment assessments that have been deferred for three years, the time now having expired. He requested that payment again be West water deferred until such time as the land is sold, having betterment in mind that the water main has been of no benefit to deferred him and will not be until the land is sold. Upon motion of Mr. Maloney, seconded by Mr. James, it was .voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assesement.of *375 on 250' on Oak Street, without interest, and $562.50 on 375' on Oak Street, abutting land now or formerly of Russell, 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 tine shall terminate immediately if the facilities of the water main are used for said land or any part thereof. 1 At 8:00 P. and Robert Tayl tive to the pro and located on Selectmen voted amount of $2,78 159 of the Acts Mr. Butler to the Boy Scou Street was cons eminent domain a deed for it. agreed upon def buyer and the a Grant Street ha to the property northern end. relinquish clai small piece of to the Town. H cause of this p Board for actio dispose of the said the only d The Cha is no_instrumen the property. take would be t the Board decid The Board has n vote of Town ,Me Mr. Taylor and the Chairma subject with To have to be an a Mrs. Morey Mr. Butler repl 267 . Mr. Howard Butler, Scout Executive, r, attorney, met with the Board rela- erty owned by the Sachem Council,, Inc. rant Street. In 1954 the Board of to defer,a street betterment in the . 92, under the provisions of Chapter of 1950, for a three-year period. presented a plan of the property deeded s by Mrs. Blake. He said when Grant Boy Scout rutted, the Town took property by street hich belonged to Richards and received betterment The Council asked for an abatement but rrment. Now there is a prospective torney came up with the fact that old been abandoned and there is np.access except a very small strip up at the e said he thought the Selectmen could s in the property. He pointed out a and about 145 square feet which belongs said at the moment the sale is off be- ece of property and he appealed to the . He said the Council would like to roperty and pay the betterment. He ed they have is one from Mrs. Blake. n said that, as far as he knew, there to the effect that the Town abandoned e said the only action the Board could insert an article in the warrant if s to dispose of that small parcel. authority to sell property without a ting. asked if the Board could give a release, explained that he had discussed the Counsel who advised that there would title in the warrant. asked if there were four house lots and ed that there is a plan on file showing four house lots. He said that he did not know what the haser intends to do. He said the lots very deep. n said that the Board would have to de - to sell and then insert an article in have Town Counsel and Mr. Taylor cm- . asked if the Board would determine the if Town Meeting would determine it, replied that the Selectmen would de - prospective pur are long but no The Chair tide if it want the warrant, an plete details. Mr. Butler selling price o and the Chairma tide. 268 The Chairman said at the moment he did not know what price to put on it if anything. Mr. Butler'said the day it is sold the'Town will receive a check for the $2781.91 betterment. Mr. Maloney said that the land is on the inner perimeter and if the size of the Iota should be changed to a gain, the purchaser should pay. If the purchaser is not going to gain, that is something else. • Mr. Butler said he would not gain another lot. At the present time it would not qualify. Mr. Maloney explained it would not have to qualify on the so-called inner perimeter. Mr. Butler said that the Council has a contract price which calls for footage on Grant Street. The deal is either off entirely or they will have to nego- tiate the whole thing. Mrs. Morey said that the lots should be worth $3,000 each, and Mr. Butler said that it is all ledge and it is high. The Chairman said that he was sure the Board could arrive at some agreement and then Mr. Taylor could get in touch with Town Counsel. • Mr. Butler said that After the Chairman calls him tomorrow, he will contact the buyer and advise him that the deal is off until after Town Meeting. Messrs. Butler and Taylor retired at 8:20 P.M. It was unanimously agreed to establish the price of $1.00 for the land. The Chairman read a letter from John F. MacNeil advising that the bonds required for public offioials can be purchased at a much lower cost than the Town has been paying. Mr. James. asked if the Board of Selectmen had Officials' jurisdiction over the other elected Town Officials. bonds Mrs. Morey suggested that Mr. MacNeil submit to • the Board what his charge would be and then forward the information to the officials who have to be bonded: Hearing Notice was received from the Planning Board re hearing scheduled January 30th on proposed hotel to be located on land situated at the intersection of Marrett Road to Route 128. Letter was receival from the Division of Accounts eertifying the amount/available funds or "free cash" as of January 1, 1957 to be $391,266.29. 1 Letter w advising that used in an es Warrant from the Coun maintenance, County Sanato Certif is half of Willi to be known a of Columbus B chaster refer Police. Upon mot it was voted Certific half of Ralph be known as factory chara Chief of Poli -Upon mot it was voted Further offer of $25 Wood Street. owner, lot 26 It was of $500 for t mentioned at Letter w of Christians proclamation The.Chai nation for pu and advise th to the subjec ,Applicat Council Girl meetings in a ing on Februa 7, November 6 Upon mot voted to gran s received from the Board of Assessors a round figure of $2,500,000 could be imete for the 1957 tax rate. n the amount of $20,621.74 was received y as the sum Lexington is to pay for •Mdsx. Cty. peration and repair of the Middlesex San. Warrant ium. 269 Tax rate te of Incorporation was received on be - m H. Wildes, et als, said corporation the Lexington Council No. 94 Knights Cert. of ilding Association, Inc. Satisfactory Inc. noes were received from the Chief of on of Mr. James, seconded by Mr. Maloney, o sign the ceritficate. te of Incorporation A. Burnham, et, al, e Walter E. Fernald ter references were e. on of Mr. James, seconded by Mr. Maloney, o sign the certificate. onsideration was given to David Walsh's ach for lots 263-265 inclusive on The Chairman reported that the abutting , is Robert C. Johnson, 60 Wood Street. nimously agreed to entertain an offer e three lots, no restrictionsto be he present time. was received on be- Cert. of said corporation to Inc. League, Inc. Satis- received from the Tax title s received from the National Conference & Jews, Inc., together with suggested Proclamation or Brotherhood Week, February 17-24. man was authorized to sign the procla- lication in the Lexington Minute -man conference that literature pertaining could be mailed to Mr. Alan G. Adams. on was received from the Minute -man touts requesting permission to hold conference room, Cary.Memorial Build - y 6, March 6, May 1, June 5, September and December 4. on duly made and seconded, it was the request. Use of hall 270 Uses of hall Licenses Application was received from the Lexington Choral Society for permission to conduct rehearsals in Cary Hall on Saturday, May 18th from 9:00 A.M. until noon; Sunday, May 19th from 1:00 P.M. until 5:00 P.M. and a concert on Sunday, May 29th from 8:00 P.M. until 11:00 P.M. Upon motion duly made and seconded, it was voted to grant the uses of the hall free of charge, subject to a fee of $1.50 per hour for janitor's overtime ser- vices. Upon motion.of Mr. Maloney, seconded by Mr. James, it was voted to grant the following licenses: Countryside Pharmacy Hansen & MacPhee Hansen & MacPhee William DeFelice 317 Woburn•St.. 436.Marrett Rd. 436 Marrett Rd. 80 Westview St. Com. Vic. Renl. 1st Class Agent Storage of anti Fre- eze & motor oil Peddler Notice was received from the Massachusetts Select men's Association re bill H-437 which provides that Bill H-437 meetings of public authorities be open to the general' public. The Association felt that a. possible inter- pretation of the bill would prohibit boards and com- mittees from holding executive sessions. The Chairman was instructed to write Senator Ferguson and Representative Brox. and advise that the Board is unanimously opposed to the bill. Mrs. Morey referred to the public hearing held on Friday relative to proposed reconstruction of the Concord Turnpike, Route 2 and suggested that the Board send a follow-up letter in regard to a parallel road from Route 128 to Waltham Street. She pointed out three proposed cloverleaves in very close proxi- mity. .She agreed to withhold her suggestion until Mr, Maloney has had an opportunity to obtain a plan. The Chairman read a letter from the Lexington Chapter American Red Cross requesting permission to Red Cross garage a station wagon in the Barnes property. The Board had no objection providing space is available. At 9:30 P.M. Mr. Richard Purington and Mr. Horace MacKechnie met with the Board relative to Civil Civil Defense, Defense The Chairman explained that Captain Malsaac had agreed toattehd:the meeting and had told him that he did not think a Director Would have to de- vote four days a week to the work. Concord Turnpike CNJ 1 271 Mr. Puri taken from a Mr. Puri Dr. Morrison does not have eligible for Town could eq fro& Federal 75% rating. was the one h He said a t requiring a D for three day great deal to but he could much time. H position as I plained that tor and in ti say about the inggresponsib director is a needs of the well as work and has no au explained tha that there is get along wit stated that w gton explained that the four days Vas urvey of.a rating by Captain McIsaac. gton reported that he had talked to nd had been informed that Lexington a rating of 75% and therefore, is not ederal surplus materials. He said the ip itself with blankets, cots,, etc. urplus, but not unless it makes the e said one reason for the low rating ur a week devoted to Civil Defense. the size of Lexington is listed as rector four days a week and a secretary which would imply that there is a do. He said there is work to be done of see how anyone could spend that said he would not like to take the rector under those conditions. He ex - Civil Defense Director is a co-ordina.- e of disaster does not have anything to Fire and Police, those departments be- e to the town Government. The local co-ordinator and he is to see what the olive and fire are and help them as ith the Red Cross. He is not a dictator hority to run any town department. He this has not been understood, and said no reason why the Director should not the Police and Fire Departments. He oever is Director can be a help to the Town as a co-ordinator. The State takes the attitude that Civil De''ense is a local affair. The Statets function is 0 e of co-ordination and making supplies availab]ye. He.said did not think it a gpod idea for the Director to =ve his office in his home. He thought the Board sho ld know what is going on and themailing address shou be the Town Office Building and the Director coulpick the mail up. Mr. MacKechnie said that Civil Defense should be at a local le and that is t Mr. Puri is to find a el and take care of local emergencies e new thinking of Civil Defense* gton stated that the immediate problem individual who has time to serve as Civil Defense Director and let him. He recommended that the Dir_etor and the Chief of Police and Chief of the Fire •epartment read what the functions of a Director are. He said he did not think he should take the pos would not do Mr. Mac tion himself as he is out of town and justice to the job. echnie said the Director should be a person with some executive ability. 272 Mr. Purington finally suggested that he and two others work as a committee and no one be designated as Director in an efforttbget the program started. It was agreed that the Police Chief and Fire Chief would be advised that Civil Defense work will be undertaken by a committee consisting of Messrs. Purington, MacKechnie and Prescott. Messrs. Purington and MacKechnie retired at. 10:30 P.M. Mr'. James reported that a fireman, Govan, is leav ing the employ of the Town and has brought up the ques- Vacation tion of vacation. He has worked for.the Town about seven years. The vacation policy adopted by the Board in 1956 was reviewed and the Board concluded that it is obvious that Govan is not entitled to a vacation. The Chairman was requested to write the Board at Fire Commissioners and ask for a breakdown of the $500 additional amount they are requesting for extra duty. The meeting adjourned at 10:50 P.M. A true record, Attest: / %' 7 -Vxectttive <61erk, ,Select:rien 1 A specia held in the S on Tuesday-ev Messrs. James present. Mr. and the Execu . Further Cowles reques main in Sprin Mr. Gaye tI be 875 fee in the Engine field. He sa merits has bee and they hope Meeting but t checked with The Chai budget to cov the negative. tween $7,000 Mrs. Mor that had been negative. He an estimate a both sides of Mr. Jame replied that Mr. Malo a foot and th has been done The Chai able to get w Mr. Erne mittee met wi The item put in the Pa item of $350 courts. Thre Center skati skating rink No defin Services or Mr. Crer SELECTMEN'S MEETING January 29, 1957 meeting of the Board of Selectmen was lectmen's Room, Town Office Building, ning, January 29, 1957. Chairman Reed, Maloney, Tucker and Mrs. Morey were Gayer, Superintendent of Public Works, ive Clerk were also present. onsideration was given to Mr. W. F. for the extension of 775 feet of water Street. presented a plan showing the distance .which was arrived at from information ring Department and checking on the d that the subject of charging better. under study by him and the Town Counsel .to have something for the March Town at will not be possible. They have ther.towns and the charges vary. man asked if there was enough in the ✓ this item and Mr. Gayer replied in He said a rough estimate would be be- nd $10,000. y asked if he had any requests for water refused and Mr. Gayer replied in the explained that they use 8.00 a foot for d the property owner pays $3.00, figuring the street. asked the cost of 8" pipe and Mr. Gayer t 3.s $2.00 a foot. ey said he would not go along with $8.00 Chairman explained that is the way it for some time. man suggested that Mr. Cowles might be ter from the City of Waltham. t Crerie, Chairman of the Recreation Com - h the Board to discuss budgets. of $5400 for painting was taken out and k Department Budget, together with the or five gates at the pool and tennis new items were included - lights at the rink, $500; track pits, $1200; raise oards $300. to decision was made on either Personal penses.. e retired. 273 Req. for water main extension 274 Budgets were discussed with Mr. Gayer as follows: Budget Sewer Construction -Sundry Streets Requested Approved $406,800 The follow streets were taken out: Cliffe Avenue, $5 00; Ellison Road, $12,000; LeroyRoad, $6,400; Lincoln Street, $14;000; Marrett Road, $28,000; Roosevelt Read, $7,200; Winter Street, $17,000; Eldred Street, $48,000 - total $138,000. Sewer Services 48,000.00 48,000.00 Garbage Collection .22, 838.00 22,838.00 Ashes &Dumps 24,000.00 (More information on removal of ashes); Mosquito Control 8,000.00 8,000.00 Drain Construction -Sundry 58,000.00 53,000.00 Streets (Took out $8,000, Oakmount Circle and added $3;000, New Town Office Building drain) Water Maintenance 64,642.35 (More information requested on item for postage) Water Maintenance -New Equip. 3,535.00 3,535.00 The meeting adjourned at 10:50 P.M. A true record, Attest: ), Exeotitive� Jerk Selecen 1 A regula held in the S Monday avenin Reed, Messrs. present. Mr. the Executive Mr. Jame Board for the Engineer, 3 S joint maker, Mr. Carr At 7:30 plication of ereake the un to 12,000 gal chusetts Aven Notice o 24, 1957 issu notified by r The only W. Rutter, re was approved Lexington Fir Mr. Rutt tends to put storage capac an undue hard The hear of Mr. Tucker to -grant a 11 the undergrou 8,000 gallons at 301 Massac At 7:40 plication of crease the un gallons to 12 them Street a • Notice o 24, 1957 Issu notified by r 275 SELECTMENtS MEETING February 4, 1957 meeting of the Board of Selectmen was lectmen's Room, Town Office Building, on , February 4, 1957 at 7:30 P.M. Chairman James, Maloney, Tucker and Mrs. Morey were Gayer, Superintendent of Public Works, and Clerk were also present. J. Carroll, Town Clerk, met with the drawing of two jurors. Charles W. Martel, Jurors nny Knoll Avenue and Floyd D. Netzer, 2 Valley Road,were drawn for jury duty. 11 retired. .M. hearing was declared open upon ap- he Sun Oil Company for permission to in- erground storage of gasoline from 8,000 ons on- premises located at 301 Massa- e. the hearing was inserted in the January of the Lexington Minute -man and abutters gistered mail. person present at the hearing was Mr. F. resenting the applicant. The application y B. J. Belcastro, Deputy Chief of the Department. ✓ explained that in April the company in- n two gasolines and, without additional ty, the dealer will be operating under hip. • ng was declared closed and upon motion seconded by Mr. Maloney,it was voted ense to the Sun Oil Company to increase d storage capacity of gasoline from to 12,000 gallons on premises located usetts Avenue. .M. hearing was declared open upon ap- he Sun Oil Company for permission to in- erground storage of gasoline from 6,000 000 gallons on premises located at Wal- d Marrett Road. the hearing was inserted in the January of the Lexington Minute -man and abutters gistered mail. Gasoline hearing Gasoline hearing 276 The only person present at the hearing was Mr. F., - W. Rutter, representing the applicant. The application was approved by B. J. Belcastro, Deputy Chief of the Lexington Fire Department, Mr. Rutter said that the same explanation applied to this request, storage space for two types of gasoline. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant a license to the Sun Oil Company to increase the underground. storage capacity of gasoline from 6,000 gallons to 12,000 gallons on premises located at Waltham atreet and Marrett Road. Mr. Rutter retired. Letter was received from A. Irving Dodge, Chairman of the Personnel Policy Committee, teacheaa' group, advising that the contents of the Board's letter rela- tive to group, insurance was made knownto the town de- partments. Mrs. Morey suggested that the Chairman acknowledge the letter and thank Mr. Dodge for reporting to the groups and inform him that an article has ,been inserted Group in.the Warrant for the Annual Town Meeting requesting Insurance appointment of a committee to study the subject and report at a subsequent Town Meeting. Further, that. the Board is sorry for the delay but felt, it necessary. Letter was received from Mildred B. Gale, Secre tary of the Lexington Teachers' Association, advising that the Association voted to request the Selectmen to act on the proposed insurance for town employees as its earliest convenience. Group Mr. James suggested that the Chairman acknowledge Insurance the letter and advise Miss Gale that there will be an article in the Warrant for the Annual Town Meeting so that there will be a fair report to all the townspeople before they vote. The Chairman read a letter from Dr. Dawson, Super- intendent of the Middlesex County Sanatorium, request- ing appointment of three Speeial Police Officers. -Letter was received from the Chief of Police.ad- vising that an investigation had been made aril he recom- Special mended appointment of two. The third individual was Police Edmond F. Breault, 19 years of age, and the Chief said that it was his opinion that no person should be ap- pointed a Special Police Officer until he had reached the .age of 21. Upon motion of Mr. Tuclter, seconded by Mr. Maloney, it was voted to appoint Charles W. Varney and William J. linab 1 DeQicco as Sp Lexington for Letter w vising that h Bureau from 1957 and appl ployment bure Upon mot it was voted to Ernest A. Bureau, for a • Applicat' for a First C Street. Mr. not renew it The Cler ceived from t verbally that should not be Upon mot it was voted to William T. period expiri Mr. Jame a desire to m meet at 7:15 street hearin Estabrook Hal Mr. Gaye bids for copp John .A. MacDo 3/4"Jft. 1" f .4206 .52 cial Police Officers in the Town of terms expiring March 31, 1957. s received from Ernest A. Giroux ad- is purchasing the Lexington Employment s. Cyril Baker, effective February 1, ing for a license to operate the em- u at 7 Depot Square. on of Mr. Maloney, seconded by Mr. James,. o grant An•Intelligence Office License iroux, d.b.a. Lexington Employment. period expiring May 1, 1957. - on was received from William T. Hardy ass Agentgs license at 915 Walthap ardy had a license in 1954, but did n 1956. reported that no letter had been re - e Chief of Police, but he has reported he could see no reason why the license granted. on of Mrr. Maloney, sec(nded by Mr. James, o grant a First Class Agent's license Hardy, d.b.a. Hardy's Garage, for a January 1, 1958. reported that Mr. Reese had expressed et with the Board and it was agreed to .M. on Thursday evening, prior to the s which are scheduled for 8:00 P.M. in reported that he had received sealed ✓ tubing as follows: ld Co. Millard Brass Hilco Su..1 .4228 . 3/411, Tbtal 3 & C $4,214.41 er Co 4,237.00 .5202 4,236.46 1" Total Total $1,065.49 $5,279.90 1,045.00 1061.21 leas z 5,282.00 5,297.67 5,271.18 277 License License Copper tubing 278 Lillian • M. Smith option Claim Upon motion of Mr. Tucker, seconded by Mr. James, it was voted,to accept the bid received from Hilco Supply Co. The Chairman read a letter from Mr. Stevens, Town Counsel, with reference to Lilliam M. Smith advising. that the survey plan of the area to be acquired from Ms. Smith for an elementary school site is not ready and the time for passing papers set forth in the option she granted to the Town is about to expire. He prepared an extension of time to February 287, 1957 which has been signed by Mrs..Smith and advised tilt it should hew be signed by the Board, both copies to be returned to him. Upon motion of kr.Maloney, seconded by Mrs. Morey, it was voted to sign the instrument prepared by Town Counsel extending the time Of rthe-oplam to February 28, 1957. The Chairman read a letter from Mr. Stevens with reference tb the claim of Charles F. Murray. While answering call in regard to a possible housebreaking attempt, a cruiser was passing through the Center when the brakes were applied to avoid a pedestrian and the cruiser slid into a parked vehicle owned and operated by Charles F. Murray, 36,Great Road, Bedford. The es- timated cost of repairing the damage to Mr. Murray's car is $38.75. Mr. Stevens concurred( with the Chief's recommenda-: tion► that the matter be settled by payment of $38.75. If the Board approves, Mr. Stevens will prepare the ne- cessary release and send it to )i Murray for execution. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to settle the claim for $38.75 as recom- mended by Chief Rycroft and Mr. Stevens. Public Works Department budgets were discussed. with Mr. Gayer and the following action taken: Budget Requested Approved Sidewalk Construction $50,000.00 $50,000.00 Curbing Construction 5,000.00 5,000.00 Highway Dep't. New Equip. 26,425.00 1.,870.00 (H-ID11 Dozer tractor added, $18,)i)i5) 1 Budget Requested Approved Traffic Regulation &-Con. $7,050.00 $11,550.00 (New traffic light, E. Lexington, $3500 added. Move traffic light at Worthen Road, $1000 added.) Sewer Constr.-Sundry 406,800.00 268,800.00 Ashee & Dumps 21,000.00 23,000.00 Water Maintenance 64,642.35 64,642.35 Water Services 47,500.00 40,000.00 (To request transfer later in year if necessary,) Water Construction 123,400.00 118,600.00 (Deming Road -$4,000 eliminated• Eldred Street -*12,000 eliminated and Allen Street, 000 added.) Park Department 36,200.00 46,430.00 (Painting fence at enc. field,$5400; 5 gates at pool $350 included in this budget and taken out of Rec- reation budget. Item of $4481.00 included to replace truck.) Shade Trees Dutch Elm 15,225.00 12,050.00 15,225.00 12,050.00 The Planning Board met with the Selectmen and Mr. Jaquith presented a plan of the Lidberg-Spagnuolo school site area and asked if the access shown were going to be satisfactory to the Board. He said the other problems are on the sine and width of the two roads. The Planning Board is in favor of a width of fifty feet, and he said that there is ample land without losing any of the lots. The Board of Selectmen expressed no objection to the plan as submitted. The Thursday with the The Chairman invited the Planning to be present evening at 7:15 P.M. when Mr. Reese will meet Board. Planning Board retired at 10:40 P.M. 279 280 It was agreed to meet Saturday morning at nine o'clock to continue work .on budgets. The meeting adjourned at,10:45 P.M. A true record, Attest: xecutive; Jerk Select 1 281 SELECTMEN'S MEETING February 7, 1957 A special meetig meeting of the Board of Selectmen held in Estabrook Hall, Cary Memorial Building, on Thursday, February 7, 1957 at 8:00 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. O'Connor, Engineering Department and the Executive Clerk were also present. The meeting was held for the purpose of making and establishing extensions and layouts of streets to be presented to the Annual Town Meeting in March for acceptance by the town. Notices of the intention of the Board to pass an Order f ©r the extensions and layouts were delivered by the Constable to all pro- perty owners as they appear on the most recent tax list. The Chairman called the meeting to order and ex- plained that the Board is required by law to hold pub- lic hearings on street acceptances. He said that in many instances it is merely a formality. He said he would declare the hearing open and the first group of streets to be taken up were those built by subdividers and brought to town specifications. He explained that he would first ask for those in favor to express their op- inions and then anyone opposed would be given an.oppor- tunity to discuss the subject. The first street to be considered was Hawthorne Road from Burlington Street, southeasterly 687 feet more or less to Longfellow Road. Hawthorne Mr. David W. Sampson, 5 Hawthorne Road wished to Road be recorded in favor of acceptance by the town. Mr. Charles E. Parks, 10 Hawthorne Road, wished to beirecorded in favor. No one appeared in opposition and the Chairman -de- clared the hearing closed. The next street to be considered was Longfellow Road from Burlington Street, Southeasterly and north- easterly 990 feet more or less to Hawthorne Road. George E. Bullock, 17 Longfellow Road wished to be recorded in favor of acceptance by the town. Charles Leach, 10 Longfellow Road and Daniel G. Casey, 15 Longfellow Road wished to be recorded in favor. No one appeared in opposition and the Chairman declared the hearing closed. Longfellow Road 282 The next street to be considered was Lincoln Terrace from Lincoln Street, a distance of 515 feet Lincoln more or less northwesterly. Terrace Robert Carrig,said that his mother has a fee in the street and will be very glad to convey -it to the town. No one appeared in opposition and the Chairman declared the hearing closed. Allen St. Leonard Road The next street to be considered was the re- location of Allen Street from Waltham Street south- easterly 1620 feet more or less to a point on Allen Street which is 120 feet more or less southwesterly of Clematis Road. The Chairman explained that the Board had pre- sented this relocation at a Special Town Meeting and it was defeated. The Board will again submit it for construction and acceptance as it feels now that the necessity is greater stance the plana for widening Route 2 have been shown. Mr. Henning W. Swenson, 170 Marrett Road, was the only person present at the hearirig`and register@d in favor. The Chairman declared the hearing closed. At 8:30 P.M. hearing was declared open upon the proposed construction and acceptance of Leh -- nerd Road. The Chairman explained that the plans of the layout were available. a.nd Mr. O'Connor would ex- plain them to anyone who desired to see them. Mr. Anthony Ferrari, 24. Leonard Road, asked how far the:street would be constructed, and Mr. O'Connor replied that it would go to the northerly side of lot #5, which is the extreme of the layout signed by the Board of Survey. Mr,. Robert A. Porter, 23 Leonard Road, asked what his cost would be. The Chairman explained that the estimated are maximum and the actual cost of construction may be less; but the most that he would be,charged would be $750. He said that the cost is determined according ' to frontage. Mr. Porter said that he has maintained the road himself for twenty years during which time no one has contributed with the exception of one load of gravel and now they want the new street. He said he could not understand why with the condition of the neighborhood. 1 283 The Chairman explained that 78% of the property owners had signed the petition and usually the Board considers 65% sufficient. One individual, who failed to give his name, asked if preparation would be made for the sewer when the road is built. The Chairman said that if the sewer was imminent the Board would not recommend constructing the street. He -explained that in order to sewer Leonard Road there would have to be an entire new trunk line to the M.D.C. and at the present time the Board has no intention ofrequestingfunds for that trunk line. Ro one else wished to be heard and t1Ie hearing was declared closed. The next street to be considered wase Webb Street from Woburn Street a distance of 485 feet more or less, northerly to Dunham Street. Mr. Anthony Modoono said he was representing his brother, John Modoono, who felt that the road should be extended all the way up for him to benefit by what he has to pay. The Chairman explained that the Board has laid the street out for the distance in the petition. Webb The Chairman asked if he had a house located on Street the land -he owns and Mr. Modoono replied i11 the negative, He said his brother would like to have then street .extended all the way. The Chairman suggested that he file a petition for the extension next year. Mr. Modoono asked when the water would be drained and the Chairman explained that drainage is done at the same time the street is constructed. Mr. Modoono asked where the water at the end of the road would drain and Mr. O'Connor explained that con- struction plans would not have been prepared but there would probably be an easellent taken for drainage. The Chairman asked/Mr. Modoomo wanted to be recorded in the opposition and he replied in the af- firmative. Mr. Charles Moloy, 20 Webb Street, sai he was in favor of having the street accepted. The Chairman declared the hearing closed. The next street to be -considered was Utica Street from Woburn Street northeasterly a ,distance of 505 feet more or less. Mr. Cornelius P. Cronin, 14 Utica, Street, said he was very much in favor of having the street ac- cepted. 284 Utica Street The Chairman reported that 91% of the property owners had signed the petition for acceptance. No one appeared in opposition and the Chairman declared the hearing closed. The next road to be considered was Harding Road from Williams Road, a distance of approximately 140 feet. Harding- No one appeared in favor or in opposition and the Road Chairman declared the hearing closed. The next street to be considered was Blake Road, from Preston Road southerly approximately 260 feet. Mr. John G. Harris, 76 Blake Road, was recorded in favor of acceptance. Blake Mr. John N, Woodward, 73 Blake. Road, said he was Road opposed. He said there are many children in the area, of which two beiongto him. A smooth road produces more speed in cars. The Chairman explained that Boulder Road is being considered for acceptance and it has been the policy., of the Board not to accept any road unless .it is off an accepted road. Therefore in order to accept Boulder Road this portion of Blake Rpad must be accepted. He explained that it is the opinion of the Board that it is in the best interest of the town to accept Blake Road so that Boulder Road can be accepted. One individual who chid not give his name asked when the street would be constructed and the Chairman replied that if the bids are out •early construction should start and be completedby October, but the- Board could not make any definite promise. No one else spoke in favor or in opposition and the Chairman declared the hearing closed. - The next street to be considered was Boulder Road.' The Chairman explained that 86% of the property owners had signed the petition for acceptance. Boulder Mr. Robert E. Siegfried, 15 Boulder Road, said he Road was in favor of having the road accepted, and would' to have it completed as soon as possible. He said he has seen Henderson Road lag over the winter. He said Boulder Road is deadend on the west and has a hill on the gest. If construction -:lagged over Spring and Fall, that road would made the entire road impassible to passenger vehicles. He said he was afraid of the health and fire. He requested bids early so that the road would be completed -by late Summer. 1 The Chairman explained that the Board would like very much to, put the bids out as soon as Town Meeting is finally adjourned. In many instances the engineering has not been done because it is not possible to pre- dict the action of the Down Meeting. He explained that work is behind because the Engineering Department is handicapped due to the fact that two men have left, and the wort# had to be let out. He said the Board would like to invite bids early because it means a lower bid, and it does everything in its. power to get the bids out just as soon as possible. He said the Board would like to see the job completed before Fall. Mrs. Helen C. Ferndale, 17 Boulder Roadr, said she was very much in favor of having the toad finished. Mr. John J. Dwyer, 10 Boulder Road, said he was in.'favor of having the street accepted. No one else wished to speak in favor or in op- position, and the Chairman declared the hearing closed. The next street tp be considered was Hillcrest Street from end of accepted portion a distance of 390 feet easterly. The Chairman explained that 70% of the property owners have signed a petition for acceptance. Mr. Paul A. Morrison, 21 Hillcrest Street, wished to be recorded in favor. Mr. Mitchell N. Bezreth, 32 Hillcrest Street, said he was in favor. He said the street ends at RangewT Road and asked how it will be finished off at the Raxigeway The Chairman replied that it will end at the Side line. He advised Mr.`Bezreth to look et the plans which would-be explained by Mr. O'Connor. No one else wished to speak in favor or in op- position and the Chairman declared the hearing closed.. The next street to be considered was Moon Hill Road from Moreland Avenue a distance of approximately 1750 feet southerly and southwesterly. The Chairman explained that 95% of the property owners had signed the petition for acceptance. He ex- plained that. this is another instance where the street for acceptance is connected to ah unaccepted street;. Therefore, a portion of Moreland Avenue will also have to be accepted. He said it was the opinion of tha Board of Selectmen that it would be in the best in., trest of the tort and public safety to construct a portion of Moreland Avenue. The abutters on that street have been notified and will be given an opportunity to discuss the subject. 285 Hillcrest Street a 286 Moon Hill Road Moreland Avenue Ellison Leroy and Roosevelt Roads Mr. Donald T. Clark, 25 Moon Hill Road said he was representing 96% of the pebple_)who signed the petition for acceptance. Mr. Wallace E. Howell, 35 Moon Hill Road, said he wished to be recorded in favor. The Chairman declared the hearing closed. The next street to be considered was Moreland Avenue, from Fern Street a distance of 375 feet more or less westerly. The Chairman explained that there was no pet- tition signed by the property owners and if there was anyone present from Moreland Avenuethe Board would be pleased to hear from them. Mr. Kenneth N. Ernst, 2 Moreland Avenue, asked how Moreland Avenue could be accepted when Fern Street is unaccepted. The Chairman explained that Fern Street is an accepted street. He easked ' if the town filled in the holes and M». Ernst"replied in the affirmative. The Chairman said it is accepted and explained that the town does not work on unaccepted. streets. Mr. Ernst inquired about betterments and the Chairman asked if he had a seperate lot and Mr. Ernst replied in the affirmative. The Chairman said he could apply for defer- ment wihtout''interest. • Mr, Ernst said he had a frontage. of 120 feet and the Chairman informed him that he had a 40 foot frontage on Moreland Avenue, Lot A. On Lot F he has 121 fleet, both of w1ich are assessed on Moreland Avenue He said Mr. Ernst could ask -for deferment. No one else WIshed to speak in favor of in op- position and the Chairman declared tha hearing closed. The Chairman referred to Ellison Road from Leroy Road to Roosevelt Road, a distance of 725 Feet more or lessnrortherR ; Roosevelt Road from School Street, a distance of 125 feet more or less westerly and Leroy Road from Marrett Road to School Street, a distance of 370 feet. He explained that the Board of Selectmen at the present time in not in favor of presenting these three roads for acceptance. He said that the town is coming over from the pumping station with a trunk line sewer and has an opportunity to continue the sewer and come out in back of the school. 1 287 This area can then be sewered. He said the Board feels the sewer will be available within a one or two year period and is therefore reluctant to build the streets and then within a year and a half or two years dig them up for the installation of the sewer. He referred to Leroy Road and explained that the Board has no intention of extending the street through to School Street. He said the town would pave it as far as it can so that people cannot cut through. Mr. Jon L. Granger, 19 Ellison Road, asked if the people would have to present another petition for acceptance of the streets and the Chairman replied in the negative. He explained that the Board is willing to 14ave the streets constructed and accepted but just does not like to build the street and then dig it up for the sewer installation within two years. He explained that if both the sewer and street are constructed at one time, the price will be better, He said the Board would like very much to hold ac- ceptance if these streets until the sewer is in. Mr. Thomas J. Keegan, 18 Ellison Road, said he agrees it is foolish to build the street and then tear it up. He asked if the town could fill in the holes and ruts. The Chairman explained that the town cannot do any work on unaccepted streets. Mr. James explained that this is a statutory re- quirement. f the town does any work on an unaccepted streetr, it then assumes the repairs for a period of seven years. Mr. Keegan asked if the people could pay for the gravel and pay the town to fill the holes. The Chairman said that it would not cost them any more to have it filled with gravel by a private contractor. He said the town cannot put equipment on an unaccepted street. He,explained that the Board realizes it is asking the people to put up with the condition of the street for another year and would like to help them but can't. One individual who did not give his name asked about the possibility of the sewer being put off for a year and then another year. The Chairman said that it might look like that but he would say it is going to be completed and the people would just have to take his word for it. He said funds are available for the sewer and it will be between one,and two years. However, if it appears that the sewer is not going in, acceptance of the 288 street can be requested. One individual asked if there will be any money this year for the sewer, and the Chairman replied that the town has money for the trunk sewer left over from the appropriation. One individual asked what was holding up the con- struction of the trunk and the Chairman explained that the contractor has not finished the other part of the trunk sewer. Mr. Donald Gillespie, 1 Leroy Road, asked it this included the trunk line up Marret, Road for those who are entering the sewer from/Mrett Road side. The Chairman said that the trunk line would be brought in. He said he was sure thw whole area would be done at one time but would have to look atthe engineering on that. Mr. Gillespie said he was in favor of waiting on the construction of the road. He said the pro- blem of sewer is of greater importance providing it is done within a period of one or two years. The Chairman asked the people to reel free to speak if they wanted to go along with the con- struction of the street without the sewer to say so. .. He explained that he could not guarantee anything, beyond saying it would be a period of one or two years. He said the street is priyate property and the people can do anything they want to in order to try and.im prove it. Mr. Richard Perry, 16 Ellison Road, said last year they had a contractor come in .to fill in the holes and that may be the answer. The Chairman said that the Board would make every effort to get going as fastas possible. He said he could not Make a definite time but felt that a two year period was reasonable. Mr. Maloney concurred with the Chairman. Mr. George F. Paterson, 15 Ellison Road, asked if the street was paved ;it this time would the Board change its opinion relative to putting in the sewer at a later date. The Chairman replied in the negative and said that the Board feels tie sewer is essential. Mr. Thomas J. Keegan, 18 Ellison Road, Mr.Richard M. Perry, 16 Ellison Road, Mr. Thoman M. Connel:y, 9 Ellison Road and Mr. Frederick J. Wills, 21 Ellison Road were recorded as being in favor of postponing construction until the sewer is installed. 1 289 Mr. Leighton S. Foster, 30 Roosevelt Road, said he did not receive a notice and asked if there was any reason. The hearing was declared closed at 9:15 P.M. Budgets were discussed and the following action taken: Budget Requested Approved Selectmen's Expenses $3,788.10 $3,788.10 Printing Town Report 1,903.00 1,903.00 Elections - Selectmen 4,085.00 4,085.00 Unclassified 839.00 839.00 Town Clerk & Treas. Exp. 1,957.50 1,957.50 Elections - Town Clerk 600.00 600.00 Vital Statistics 30.00 30.00 Parking Meter Maint. 100.00 100.00 (To be transferred from the Parking Meter Fund.) Collector's - Expenses 3,650.00 3,650.00 Adm. of Trust Funds 175.00 175.00 Accounting Expenses 948.00 948.00 Assessors - Expenses 1,600.00 1,600.00 Assessors - Out of State 100.00 100.00 Travel Appropriation Com. Exp. 1,490.00 1,490.00 Board of Appeals 1,760.00 1,760.00 Contr. Retirement Sys. 31,933.00 31,933.00 Contr. Retirement Exp. 400.00 400.00 Animal Insp. - Personal 900.00 900.00 290 Dog Clinic - Expenses 602.00 602.00 Veterans' Day Expenses150.00 150.00 Memorial Day Expenses 500.00 500.00 Town Celebrations Com. 500.00 500.00 Recreations •. Expenses 6,625.00 6,625.00 Registration - Personal 3,522.00 3,522.00 Registrations - Expenses 250.00 250.00 Police - Expenses 15,170.00 15,170.00 Parking Meter -Police 250.00 250.00 Police - Pensions 11,010.21 13.,010.21 Dog Officer - Personal 300.00 300.00 Dog Officer - Expenses 650.00 650.00 The meeting adjourned at 10:50 P.M. A true record, Attest: /)) Exe6ta.tivd' Cleric, Sele 'toren 1 291 SELECTMEN'S MEETING February 11, 1957 A regular meeting of the Board of Selectmen was °held in the Selectmen's Room, Town Office Building, on 1fonday evening, February 11, 1957 at 7:30 P.Y. Chairman Reed,,Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Workg, and the Executive Clerk were also present. 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 Marrett Road, southwesterly side opposite School Street. Mr. 1ahon representing the Boston Edison Company, and Mrs. George W. Sarano were present at the hearing. Pole • Mr. Mahon explained that the company has a pole location now located at the corner. There is a service break from thffit pole to a house on the southerly side of Marrett Road. The wires are brought across the public way. and the company feels that there is not sufficient clearance and therefore desires to install a pole on the southerly side. Mr. James asked if this would be another support for the wires and Mr. Mahon replied in the affirmative. He explained that it is for clearance over the public way. The Chairman asked if Mrs. Sarano understood the petition and she replied in the affirmative, and had no objection. The Chairman declared the hearing closed at 8:1O P.M. and Mrs. Sarano retired. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location: Marrett Road, southwesterly side opposite School Street, -- one pole. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company relative to the location of a pole in the Pole vicinity of 21.E Lincoln Street. Insofar as the location Board was able to determine this is the Josiah Willard Hayden Recreation Building and the pro- posed location appeared to be on private property. 292 Mr. Mahon took the petition and said he would check with the New England Telephone & Telegraph Company who instigated the petition. Mr. Mahon retired at 7:45 P.M. and Mr. Stevens, Town Counsel, met withAte Board. Further consideration was given to Mr. W. F. Cowles' letter of January 23rd requesting the in- stallation of 775 feet of water Main in Spring Street. to service a house being constructed on a parcel of Cowles' land recently sold by Mr. Cowles. req. for The Chairman said that rather than write a water letter on the subject he would contact Mr. Cowles by telephone and see if something can be arranged. whereby water will be supplied by the City of Waltham. He said Waltham might consider such an arrangement if the extension from its line is paid for. Mr. James and Mr. Gayer left the meeting to attend a meeting of the Appropriation Committee. At 8:05 P.M. Daniel A. Lynch,.attorney, Messrs. Crosby, Steeves and Pratley met with the Board. Mr. Lynch explained that they were present at the meeting this evening relative to Mrs. Virginia Coleman's parking area at 50 Percy Road. He explained that it is a variation problem as far as the neighbor. hood is concerned and presented a plan of the area involved. He said that Messrs. Crosby, Steeves and Pratley live across the street. Mrs. Coleman's predecessor in title ran Wild Acre Inn for many years, obviously a nonconforming use. He said the only approach was Coleman by a driveway which he pointed out on the sketch. parking He said as he understood it, subject to being cor- area rected if the Board knew facts to be otherwise, Mrs. Coleman came in and spoke to the Board at one time. The Chairman said she never met with the Board to his knowledge. Mr. Crosby said she consulted with some of the Selectmen before she purchased the property to see if there would be any objection to build- ing a parking area. The Chairman said she never met with the Board and never contacted him before purchasing the pro- perty. Mr. Lynch said when she started the work she asked for permission to remove the trees. 1 23 His information is that she never did obtain per- mission but has removed the trees anyway. The Chairman asked if she removed trees from Town property, amid Mr. Lynch replied in the affir- native. He said the operator of the bulldozer said he was putting a driveway in there. That was her representation; she had no intention of putting in a parking area. He said she has leveled off' Lot 3 entirely and it channels over Onto Lot 2. Mr. Lynch reported that he looked at the property yesterday and she has.put in gravel and leveled it off a width of at least eighty feet over to Lot 2, and has cars parked in there. He presented pictures for the Board to view. Mr. Lynch said the Building Inspector went down and looked the situation over last November. After talking to To Counsel he sent Mrs. Coleman a let- ter advising/t Et. she had no right to make that lot into a parking. area and that she would have to go to the Board of Appeals. He said the area is enti- rely residential and this is a terrific desecration of the whole area. The cars/DRPked in there and . it destroys the whole area. He said it appears to him that it is an encroachment of a nonconforming use and it is illegal. He said she has a Board of Appeals case and refuses to go before the Board of Appeals. She is now using a second lot for the parking area which is not legal under the Zoning By -Law. He said the Inn -was there before zoning laps were established and that is the reason she can stay there. He stated that these people purchased their houses with two open residential lots and have the right to have it, maintained. He explained that it is the feeling, of the neighbors that a pet - tion should be filed for an;injunction against her for using this property for business purposes. If she can do it, others will attempt to db.it. He said it is very unsightly and he thought these people had the right to have the town move on it in having the letter of the Building.Inspector followed. He sal.d she is not very co-operative with the town or the neigh- borhood and he thought he should'start a petition, in equity to enjoin her. The Chairman explained that the Board of Select- men, has no jurisdiction over this matter whatsoever. Mr. Lynch said that it is entirely up to the Building Inspector to make the decision. 294 Mr. Lynch said the Inspector is charged with enforcement of the zoning, and the neighbors could bring a petition for mandamus against the Building Inspector but they don't want to do that. He said the one who should be in aontsroversy is the one who is violating. He skid -that he did not know whether the Board had any feeling about the matter one way or another. The Chairman said the only thing he had to say himself is that he is not in agreement with either side at the moment. He said he was wondering what would happen - where are the people going to park their cars if there is no parking area. If they park on Highland Avenue they will be in front of all these people or in the driveway down there which the town plows and which is narrow. He said having cars parked on a main street bothered, him. He asked Mr. Crosby how many cars he has seen and Mr. Crosby replied, there are five or six a night. Some times there are more and some times less. Mr. Crosby said Wildacre Inn has been there for many years and there never was any problem. The cars always parked on Percy Road. Mrs. Morey inquired about the number of permanent guests at the Inn and Mr. Crosby said he had no idea. He did see three fellows in one car. He said there could be from ten to twenty, but he did not know. The Chairman asked if penple went to the Inn for meals before it was taken over by Mrs. Coleman, and Mr. Crosby replied that Judge McLellan and his family went there for dinner every Sunday and people in the arm. went over to the Inn for their meals. Mrs. Morey explained that Mrs. MacAllister was getting along in years and her niece Mrs. Fairweather was not. too interested in operating the Inn and anyone who wants to make a success will have to work at it. The Chairman said the Board would discuss the subject further this evening. Mr. Lynch said he thought Mrs. Coleman should go` before the Board of Appeals. There was no off-street parking. It was created by her and never existed be-,. fore. Mr. Maloney asked if the group would object if Mrs. Coleman took the traffic down to her own place and Mr. Crosby replied in the negative. He said the Inn owns Lot 4 with nothing but a garage on it which could be 1 295 use for parking. He explained that the Inn is on Lot 5. She has half of 7 and all of 6 and she has L1. Mr. Stevens explained that either she has a right to have a parking area or not and if she does not have right here, indicating on the plan, she does not have it here, also indicating on the plan. He said if proceedings were brought it might lead to a conference and things might be straightened out. The Chairman said that the Board would follow the advise of the Town Counsel. The group retired at 8:30 P.M. Mr. Maloney said he would like to go down and look at the property. Mr. Stevens presented the following contracts Enginmdng between the Town of Lexington and Whitman & Howard, Contracts Inc. which the Board signed in triplicate: Contract No. 1956-t. Contract No. 1956-5 Contract No. 1956-6 Contract No. 1956-7 Water Extension Sewer Construction Water Standpipe Construction Water Supply Survey Mr. Stevens.reported that the Board of Public Welfare has delegated to Mr. Collins, the Agent, to take liens on property belonging to individuals re- ceiving Old Age Assistance. He:signs the lien, sends it to the Registry for.recording and it is then re- Welfare turned to Mr. Carroll. When the town is reimbursed Liens Mr. Collins then discharges the lien. An Old Age recipient died and the Welfare Department collected money on the property. The property is to be sold and the attorney for the bank, Mr. Tyler, disputes liens, and claims the Board of Selectmen should release the lien. • The Board was not in favor of taking the responsi- bility of releasing such liens and felt that the pro- cedure followed by the Department of Public Welfare should be continued. The Chairman read a letter from Mrs. Arnold C. Williams, League of Women Voters, requesting permis- sion t® attach signs to utility poles on each street that Is a main route for traffic on election day to remind commuters that they must vote. It was the concensus of opinion that the Board 296 Signs had no jurisdicatio4 over Or authority to grant per- mission to attach any sign to utility poles. Mr. Stevens retired at 9:45 P.M. Letter was received from attorney Pierre A. Northrup, representing Carrie L. Pilkington and Florence Bladwin, in reference to a deferred water betterment assessment, the three-year time having Water expired, assessment Upon motioh of Mr. James, seconded by Mr. Deferred Maloney, it was voted, under the provisions of , Chapter 159 of the Acts of 1950, to extend the time for payment of'water betterment assessment to $1,987.50, without interest, levied against property of Carrie L. Pilkington and Florence Baldwin, 719 Cambridge - Concord Highway, 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. Complaint Commenda- tion The Chairman read a letter from C. Clifford Hanson, 905 Massachusetts Avenue, complaining about conditions existing at 927 Massachusetts Avenue, pro- perty owned by George A. Mahoney. 'Report was received from Mr. Irwin advising that the property is evidently being used as a base of opera- tions for the Mahoney Bros. disposal service and mov ing-packing business. Mr. Irwin explained that the op- eration of a business from this location and the main- tenance of a junk yard is in violation of the Zoning By - Law and unless the Board suggested otherwise, as enfor- cing officer of the Zoning By -Law, he would give notice to the owner of the property and demand the violations be abated. He further advised that the Board of Health and Fire Department be asked to inspect the area as the quantity of rags and materials appear to be a pot- ential fire hazard and a possible health problem by rodent infection. The Chairman read a letter from Robert S. F. Rhodes, Clerk of the District Court of Central Mid- dlesex, commending,Lieutenant Corr, Inspector Barry amd other officers of the Police Department for their work in apprehending Raymond C. Belliveau and Paul N. Grenien who had committed numerous house breaks in Lexington, Newton and other towns. 1 297 It was agreed to send a copy of the communication to Chief Rycroft to be posted on the police bulletin board. Letter was received from the Board of Fire Com- missioners explaining a previous request for additional funds in the 1957 budget for extra duty. The Chairman read a letter from the Town Clerk of Concord advising that the Concord Board of -Select- men has voted to recommend to Governor Furcolo that he proclaim April 19, 1957 be celebrated on Monday April 22, 1957, provided the cities of Boston and April Medford and the Towns of Arlington and Lexington 19th are in agreement. The action was taken due to the fact the Good Friday falls on the 19th this year. The Board was unanimously in favor of following the program for an abbreviated celebration on April 19th as planned bar. the Town Celebrations Committee , and was not in favor of changing to April 20th. The Capital Expenditures Committee met with the Board and Mr. Brown, the Chairman, explained that the Committee would like to find out what expenditures the Capital. Selectmen are'going to recommend for 1957. Exp. The Chairman explained that the Board has not Committee arrived at a definite decision on all budgets as yet but gave the following estimates which the Board expects to recommend: Sidewalks $50,000 Curbing 5,000 Drainage 53,000• Drain Construction 100,000 Sewers 286,000 40,000 Water 118,900 Equipment 44,870 Mr. Brown said that his Committee had been car- rying the Worthen Road project for about five years and asked if the Selectmen had any plans for its continuation. The Chairman explained that he felt this to be a Planning Board project and the fact the Route 2 is to be non -access it may have some affect on the co;i- tinuation of this road. 298 Mr. Brown said that the Committee has two guesses about the length of the life of the dump and asked the Board's feeling relative to an in- cinerator as a predicted capital expenditure or the establishment of a new dump. The Chairman said the Board has not discussed what would be done if the present dump was closed, but does go along with the Planning Board and the Town Engineer that the length of Use of the present dump is limited. He said there are swampy areas in town that might be used for a dump. Mr. Brown asked about a new fire station. He said he understood that the committee will not have a rec- ommendation for this Town Meeting but feels a new st- ation will be necessary within five years at a cost of $5o,000. The Chairman said he had not changed his opinion of last year that a new station is not needed at this time. Mr. Tucker reported that the committee has not made a decision but he felt sure it would recommend against a new station this year. Mr. Brown said his committee has met with the Recreation Committee alone and with the Planning Board relative to capital expenditures for the de- velopment of land for recreation. The Chairman reported that the Board will recom- mend the appropriation of -an amount of money to deve- lope the land given to the town by the late John Baskin. Mr. Brown said he understood the Beabury land was being purchased for recreational purposes and the Chairman explained that the Board never discussed it as recreational land. The Capital Expenditures Committee retired at 10:30 P.M. and the Planning Board met with the select- man. Mr. Hathaway asked if the Board had any questions relative to the budget proposed by the Planning Hoard. The Chairman asked if the Planning Board wanted a full-time secretary for Mr. Snow and Mr. Hathaway replied in the affirmative. He explained that Mr. Planning Snow is spending too much of his time on duties that Board could be taken care of by a secretary thereby making it possible for him to devote more time to planning. He said that the Planning Board is of the opinion that it would be to the advantage of the town to employ a secretary for Mr. Snow. 1 Mr. James returned to the meeting at 10:50 P.M. Mr. Hathaway said the Board has in mind a girl who can type, take dictation, answer the telephone and work in an executive capacity. The Planning Board retired at 11:00 P.M. The Chairman read a letter from Alfred P. Tropeano advising that he has been authorized to offer $1,000 per acre for the so-called Holmes land off Waltham Street, said parcel being landlocked. The Chairman reported that an offer had been received for this property in 1948 at which time the Planning Board recommended that it be retained by the Town. The Chairman was authorized to obtain an opinion from the Planning Board relative to the disposition of the property before making any decision on the offer. 299 Tax title Further consideration was given to Mr. David Walsh's offer to purchase lots 263-265 inclusive on Wood Street and lots 230-234 inclusive on Alpine Tax title Street. Mr. Walsh said that the lots on Wood Street Lots should be sold for a nominal price and he is not in a financial position to spend $500 for them. However, he is willing to pay $500 forthe lots on Alpine Street. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to advertise a proposal to sell tax title lots 2-234 inclusive on Alpine Street and to give further consideration to the offer at the next meeting of the Board. Letter was received from John Casello, 82 Ward Street, advising that he will pay, 200 Each for lots 30 and 31., Block 18 Ward Street, plus sewer betterment Tax title assessments, and according to restrictions outlined by Lots tbs Board in a letter of January 15., 1957. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to advertise a proposal to sell the lots and give further consideration to the offer at the next meeting of the Board. The Chairman read a letter from the Mayor of Lexington, Virginia inviting the Mayor of Lexington Mass. tip be guest of honor on April 26th and 27th at the observance of "1957 Name Day Festival of Lexington, Virginia". 300 Invitation Uses of halls Warrant Engineer Mr. James suggested that the Chairman write a letter explaining that this town does not have a Mayor, is governed by a Board of Selectmen, and further that a member of the Board will attend the celebration if it meets with the Mayor's approval. Letter•was received from the Lexington Chapter, American National Red Cross, requesting permission to erect a small Red Cross thermometer in Emery Park from March 1st through March 31st during the Red Cross campaign. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to grant the request. Upon motion duly made and seconded, it was voted to grant the following uses of halls: League of Women Voters Cary sr fr3 a ►n Trustees Room Daniel J. Donohue Cary Feb. 27 Meeting Feb.27 Reception May. 20-21 Antique Show Upon motion of Mr. James, seconded by Mr. Maloney. it was voted to sign the Warrant for the Annual Election, Monday, March )nth and the Adjourned Town Meeting, Monday, March 18th. The, Chairman read a proposed letter to the local draft Board relative to Robert L. Higgins. Mrs. Morey was not in favor and mentioned that Mr. Higgins come to work for the Town aware Of the fact that he would be going into the Army. Mr. James said that the Town needs him and the Chairman expressed the opinion that this is a dif- ficult time to lose him. Upon motion of Mr. James, seconded by Mrs. Morey, Proclamation it was voted to approve a proclamation relative to the Heart•Fund Campaign which was requested by Mr. Grindle. It was agreed to meet Wednesday evening, February 13th at 7:30 P;M. to continue work on budgets. The meeting adjourned at 11:20 P.M. A true record, Attest: 1 301 SELECTMEN'S MEETING February 18, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 18, 1957 at 7:30 P.M. Chair- man Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles, guy wire and anchor on the Cambridge -Concord Highway, southerly side, westerly from a point approximately 1450 feet west of Blossom Street. Mr. Mahon,: representing the petitioner, and Mr. Pole John Olivers were present at the hearing. location Mr. Mahon explained that the plan accompanying the original petition of September 19, 1956, which the Board granted, was very much in error. Ile said all he had at the time was the plan with the petition. These plans are made rap in the company's drafting room and this is the first time he could recall an error. He explained that the plan actually showed a pole location near Wellington Land and th4t is what was discussed that evening and that is what/n8 intention of the Board in granting the petition. He said that a few weeks ago his attention was called to the fact that an error had been made and the pole locations intended to be asked for were westerly of the overpass on the Cambridge - Concord Highway. He said he immediately recalled some time ago he had a petition for similar pole locations to reach an applicant by the name of Mann and the Town then chase not to grant the pole locations and the petition was denied. He immediately told his company this was a similar situation. Mr. Oliveri said that he had attended the meeting held at the Department of Public Works and he understood that a limited access is proposed, and it would be a waste of time for him to go ahead with the plans already out. The Chairman asked if he were withdrawing his peti- tion for service and he replied it could be rescinded. The Chairman said that the highway will be limited; access and there is another ramp which will be close to 302 Lyon's offer of land Traffic his lot, probably necessitating a taking on his side. Mr. Mahon said the order for service could be cancelled and the petition withdrawn. He said he would like to withdraw it and eraee from thetown records the original grant that was given by mistake. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted, upon request of the petitioner, to rescind the vote adopted by the Board on October 22, 1956, grant- ing permission to locate four. poles on the Cambridge - Concord Highway, southerly side, westerly from a point approximately 255 feet west of Wellington Lane. Mr. Mahon and Mr. Oliveri retiredat 7:45 P.M. The Chairman read a letter from Robert L. and Dolores A. Lyon offering to give the Town two parcels of property in the Fair Oaks section, conveyed to them by deed of Neil Maclntosh and recorded in Middlesex South District Registry of Deeds in Book 8596, Pg. 595. It is too late to have the matter acted upon ,at the Annual Town Meeting and the Chairman was authorized to so advise Mr. Lyon, stating that it would be given further consideration at some further meeting. Mr. Stevens requested that a copy of the letter be sent to him. Mr. Tucker asked if the Traffic Committee had done anything relative toarking in front of the Hunt Block between the hours of 4:30 P.M. and 6:30 P.M. Mr. Gayer replied in the negative and said that last week they did discuss that, because if the bottle- neck, it would be better if no cars parked in that par- ticular area. Mr. Tucker said this area jams up the entire center and it seemed to him that traffic could be speeded up during those hours. Mrs. Morey said she would like to try it in front of the Hunt Block and also have no double parking. The Chairman asked if parking could be prohibited during those hours as an experiment without changing the Traffic Rules and Regulations. Mr. Stevens explained that it could not be enforced without amending the Traffic Rules and Regulations. He said that sore times the Department of Public Works does approve for a period of six weeks. Approval may be ob- tained for a limited time to see how it works out. Mr. Gayer said that it definitely would improve the traffic. He reported that he has written to the State 1 303 requesting temporary one-way signs on Clarke and Muzzey Streets for a trial period. He said that the traffic counts indicate the traffic should be going down on Clarke Street and towards Massachusetts Avenue on Muzzey Street. Mr. Tucker said he thought the traffic on Muzzey Street should go from Massachusetts Avenue and no left turn should be permitted from Massachusetts Avenue. Mr. Stevens said that some times things ars tried out without any idea of prosecuting. The Chairman asked if Mr. Tucker were referring to where the traffic goes in at Depot Square and he replied that he was referring to the Hunt Block only. Mrs. Morey said that it has been suggested that the bus stop at Douglass' be set up towards the library, that the area in front of Douglass' is a natural for parking. She said people do not park up further and violate the bus stop and the bus is pulling into the narrow part of the street. Further up the street is wider. Mr. Tucker said if it is possible, he would lila something done about the bottleneck in front of the Want Block. Mr. Gayer said her would make a point to bring this subject up at the next meeting of the committee and have a report so that next week the Board can apply to the Department of Public Works for approval of a trial period. Mr. Maloney felt that a telephone call would be sufficient. Mr. Stevens reminded the Board that it would not be enforceable. Mrs. Morey said that as far as the Hunt Block is concerned, there is a police officer there who could tell people who park to move. She said if the parking is to be cut down, the police cars should not then take up the space available to citizens. The Chairman explained that the police car has to be near enough for the officer to hear calls. Mr. James felt that the meters in' front of the Hunt Block should be covered from 4:00 P.M. until 6:30 P.M. Mrs. Morey and Mr. Tucker agreed. Mr. Gayer reported that he had sent a letter to Mr. Irwin instructing him to request Mr. Jeremiah to inves- tigate the wiring in this building and report at his earliest convenience. He read a letter from Mr. Jeremiah stating that the building was wired adequately in 1928, but, due to the addition of electrically operated equipment through the years, the 100 amp service is inadequate 304 and some of the circuits overloaded. He recommended changing from 100 amp. to 200 amp. He also recom- mended a 400 amp. switch in Cary Hall as replacement. Mr. Gayer said that he received an estimate from Hawes Electric Company of $3,220 for the entire job* Wiring Town for putting then up. The estimates for changing from Office 100 amp. to 200 amp., replacing the switch in Cary Hall Building and dividing Up the circuits in this building would be $900. The Chairman asked if he felt the light in this building was inadequate in some of the offices and Mr. Gayer replied in the affirmative. Mrs. Morey said that the most important thing to do now is to take care of the basic wiring. As far as the fixtures are concerned, everything is more or less in a state of flux until the departments are placed. Mr. Maloney said the Board should consider fixing what is necessary. It was agreed to include an item of $1,000 in the budget for -rewiring and changing some of the fixtures. Letter was received from Dr. William 0. Way, 36 Percy Road requesting the installation of a sidewalk in front of his property. Mrs. Morey inquired if there were any other side- walks on the street and Mr. Gayer replied that he re- ceived a copy of the letter, but has not had an oppor- tunity to go out there. The Chairman recalled that, during the past few Sidewalk years, the amount of $500 has been allowed for indivi- dual requests. Mrs. Morey asked if it had been the policy of the Board to put in sidewalks even if the one who wants it is the only one un.nthe whole street. Mr. Maloney replied that sidewalks are installed if the owner requests them and is willing to pay. It was deicided to consider the request further after Toon Meeting. Mr. James asked if Mr. Gayer had had an oppor- tunity to look at the Baskin land. Mr. Gayer said if the Board intends to just fill the area, he probably won't get very far. Coming across Baskin Grove Street is a little brook which is fed by springs play- and goes into a little pond. He said one possibility ground is to make a plan whereby artificial lakes could be built and the material used to fill around it and have an organized water area within this recreation area. * of which $2300 is for flourescent fixtures and labor 1 305 He said the land is quite low and will take a lot of fill. Mr. James asked if he were referring to a two- level proposition and Mr. Gayer replied that is how it would end up. He said he has a map started and if .he gets a chance, will try to work out a rough proposal. Mr. James asked how far $5,000 would go and Mr. Gayer replied it certianly would make a showing. The Chairman said he was talking in terms of $10,000 because that is the figure the Capital Expendi- tures Committee has been discussing. Mrs. Morey said that there will be recrea- tion areas coming along and if this were. done as a experiment, done by the Town, it could be used as a yardstick to & by as to how much it would cost the Town. Mr. Maloney said if a fair charge is made for equipment rental, it will cost more than $5,000. Mr. James said for that amount of money there might be a skating pond there next year. Mr. Gayer said he would like to have,the drawing made up and then have the Board look at it. The Chairman said that the Board should have a figure as the Appropriation Committee is going to press with its report and should have the answer this week. Mr. Gayer asked if there would be any harm in carrying the money over if $10,000 were put in but there was not time enough to do the work. The: Chairman replied in the negative but said that if the money is not used, it may be difficult to get more money another year. The Board felt justified in requesting an approp- riation of $10,000. The Chairman read a letter from K. J. Lowry, Jr., 16 Independence Avenue with reference to skating and recreation areas. Mrs. Morey said she thought the Recreation Com- mittee should establish a program of skating areas, when they should be flooded, and have it automatic. Skating Mr. Gayer reported that he has discussed the sub- areas. ject with Mr. Brenton and it has been the policy for the Fire Department to do the flooding. The Chairman said he thought this was a matter for the Recreation Committee and Mrs. Morey said there is a matter of policy. The Committee needs to have a few things told to them that the Selectmen think are within their rights. 306 Water The Chairman explained that he has tried several times to contact Mr., W. F. Cowles in regard to his re- quest for the extension of a water main in Spring Street. However, he has been unable to get an answer at the house. The ,Chairman was authorized to write Mr. Cowles informing him that he had tried to contact him and ask him to call at his convenience. Mr. Gayer retired at 8:45 P.M. The Chairman read a copy of letter from the Planning Board to Alfred P. Tropeano, relative to Hawthorne Acres. The letter stated that the Planning Board has decided that all streets in the subdivision Hawthorne will be required to be 50 feet in width with all road Acres pavements 24 feet in width. Sidewalks will be required on both sides of the road from Adams Street to Pihlts land and,also on both sides of the road leading to the school site. Other streete in the subdivision will have to have sidewalks on one side and all sidewalks are to be five feet wide. Ralph Nason, Father Casey, Mrs. McHugh and Mr. Riley met with the Board relative to Cary Memorial Library Library budgets. budget The Chairman explained that the Board had one or two questions and referred to the increase in the item for fuel oil. He said the other item was furnish- ings and furniture. Mr. Nason explained tha the sum of $893.11 spent for fuel last year was only/a November 1st and the amount actually spent for the year was $1,108. He explained that the sum of $500 has been allowed for contingencies in the main library. The estimate they had on furniture was from a local contractor, but since that time, they have had'bids from a professional library bureau. The group retired at 9:05 P.M. Letter was received from Mrs. Marie Benzaquin, 32 Petterson Road, offering $1,025 for tax title.lota Tax title 30 and 31, Blk. 1Ward Street, said lots having been property advertised in the.Lexington Minute -man. Mr. Maloney reported that Mrs. Benzaquin called him and said the wanted to reduce the offer to $500. Further consideration wasgiven to Mr. John Casello's offer for these lots. Upon motion of Mrs. Morey, seconded by,Mr. James, it was voted to sell and convey tax title lots 30 and 31, Blk. 18, Ward Street to John Casello for $200 each R7 tri 1 plus sewer betterment in the amount of $174; Mr. Casello having been advised on January 15 that the deed will be so drawn as to require that these lots be combined with lots 28 and 29 which he now owns. Further consideration was given to Mr. David W. Walsh's offer to purchase tax title lots 239-234 in- clusive on Alpine Street. The Chairman was authorized to advise Mr. Walsh that a situation has arisen over which the Board has no control preventing the sale of those lots at this time. However, if the Board decides—to dispose of them at some future time, he will be given an oppor- tunity to acquire them at the price previously quoted by the Board. -Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to certify the character of Theron Gaugh, 451 Concord Avenue for the renewal of his peddler's license. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to sign layouts of the following streets to be presented to the Annual Town Meeting for acceptance: Allen Street, Blake Road, Boulder Road, Harding Road, Hawthorne Road, Hillcrest Street, Leonard Road, Lincoln Terrace, Longfellow Road, Moon Hill Roads Moreland Avenue, Utica Street and Webb Street. The Chairman asked if the Board wanted to request the Package Goods Stores to close during polling hours on Election Day, March 4th. No definite decision was made. The Chairman reported on the ambulance rental receipts as follows: 1941 1942 1943 19)1)1 1945 1946 1947 $371.00 484.45 353.08 516.18 511.38 736.61 205.24 (Ambulanceur 1948 1949 1950 1951 1952 1953 1954 1955 1956 chased in 1941) 1,184.5o 976.90 1,314.00 1,425.55 1,456.0o 1,601.25 1,773.00 1,789.50 2,086.00 $16,784.64 total 307 Tax title property License Layouts Package Stores 308 Budgets were discussed and the following action taken: Department. Recreational - Personal Requested Approved 0,467.50 $9,467.50 Police - Personal (Approved three new men. One to be 1st arra two later on in the year. To begin at step 3, the first year second step 5, Increases due a ye of employment.) Police Expenses Fire - Expenses Weights & Measures - Personal Cary Library - Expenses Verteranst Services 15,170.00 24,195.00 1,000.00 21,060.00 1,820.00 . The meeting adjourned at 11:15. P.M. A true record, Attest: appointed April step 4 and the ar from date 14,870.00 22,295.00 1,000.00 21,060.00 1,625.00 1 Executive Clerk, Seleetmeiti SELECTMEN'S MEETING February 25, 1957 A special Meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 25, 1957 at 5:00 P.M. for the purpose> of opening bids for furnishing and building steel standpipe and appartances, Town of Lexington Contract No. 4 (1956). Chairman Reed, Mrs. Morey, Mr. Gayer, Superintendent of Public Works, Mr. Howard, representing Whitman & Howard, and the Executive Clerk were present. Bids were opened by Mr. Howard and read as follows: Pittsburgh-DesMoines Steel Co. to be completed within 350 consecutive dalendar days from the date of execution of contraot. Hammond Iron Works To be completed within 460 consecutive calendar days from the date of execution of contract. Chicago Bridge & Iron Co. to be completed within 440 consecutive calendar -days from the date of execution of contract. *125,900 1411900 129,800 The Chairman explained that the bids would be taken under ad*isement and the bidders advised of the Board's decision very shortly. The meeting adjourned at 5:08 P.M. A true record, Attest: axedUtiv Clem, Selepitmen 309 310 Jurors Apprppaiat3m Committee budget meeting SELECTMEN'S MEETING February 25, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 25, 1957 at 7:30 P.M. Messrs. James, Maloney, Tucker, Mrs. Morey and the Executive Clerk were present. In Mr. Reed's absence, Mr. James, acted as Chairman. Mr. James J. Carroll, Town Clerk, met with the Board for drawing of two jurors. Mr. Robert J. McLaughlin, 19 Spencer Street, and Mr. Gerald Gray, 49 Fern Street were drawn for jury duty. Mr. Carroll retired. The Chairman read a letter from the Lexington School Committee advising that the Committee had voted to request an appropriation of $450,000 for renovating the present Junior High School. Mrs. Morey said that she felt she must protest the plan of renovation which is tearing apart the modern section of the building and letting alone. the old section, maintaining substandard classrooms and maintaining an old wooden stair case in this $450,000 expenditure. She said, as a fqrmer School Committee Member, when the occasion arises she felt she must speak against it. The Chairman said that anyone should speak on any subject the way they felt. The Appropriation Committee, Chairman of the School Committee, Chairman of the Cemetery Commis- sioners and Chairman of the Board of Assessors met with the Board to consider items that make up the annual budget. Mr. Madden reported that his Committee has gone along pretty much ,on everything with the Selectmen, School Committee and others. The exceptions were the salary of the Plumbing and Wiring Inspectors. He ex- plained that the Committee's basis is an increase of roughly 5%. In those two cases, it is somewhat better than 5%. The Committee has reserved judgement on the survey of the Meagherville land, an expenditure of $15,000, to find out more about it. he explained that the question (raised by the Committee was the need of the town to go to the expense of registering the land. He reported that it had been explained to him by Town Counsel and he will pass it along to his committee. Imap 1 31.1. Mr. Madden explained that by making transfers and bonding the Committee came up with a boiid.ng in- side the debt limit of $375,000, leaving a balancl of *385,000 inside. He reported that the present Excess and Deficiency is $391,000. They have made transfers of $210,000 leaving $181,000. He said that allowing for transfers and bonding, not including the renova- tions to the Junior High School, they came up with the amount to be raised in the tax rate as $3,072,592 which is $436,000 over the same amount a year ago. He said that they end up with $293,000 odd to be raised in this year's tax levy, and they are figuring every $56,000 representing $1.00 on the tax rate. He said this does not include the remodeling of the Junior High School on which they have reserved judgement, which they under- stand is $450,000. He said the Committee is just wonder- ing where this item can be put in. There is $181,000 left in the Excess and Deficiency. One of the bad features is that this renovation must be inside the debt limit. He said these gigures are somewhat rough, but reasonably accurate. e said $293,000 would represent a *5.00 increase in the tax rate and there would be a substantial additional increase if they try to fit in remodeling the Junior High School. He said the Meagherville survey and the Junior High School are two items upon which the Committee has reserved judgement. Mrs. Marek said she had not talked with the Appropriation Committee since the School Committee received the estimates on which the request was based. She reported that this has been the knottiest problem that the Committee has had to solve in planning for the next five years. By 1959 they will need more than one Junior High School and in fact will need close to two Junior High Schools. They expect an enrolment of more than 1500 and they cannot fit 1500 children into the present building, nor can they anticipate building a Junior High School for 1500 children. She said it looks as 'if the best and only solution is renovating the pre- sent Junior High School to provide facilities for a good Junior High School program. She said they all agree even if they spend a substantial sum of money pn the present building in order to make it suitable for a modern Junior High School program, t}j.ey will still have am old building. Part of it was built in 1902 and the other part in 1925 or 1926. She said the renovation not only has to be provided for within the debt limit but there is not State aid. The amount of money will be entirely at the town's expense. On the other hand, 312 the present cost of building leads them to expect that a new Junior High School for 900 or 950 children will cost close to $2,000,000 and the Committee does not see that the Town is in a position to build two new Junior High Schools in the next three or four years. She said that even with the State providing 30% or a little better, the cost of a new building would still mean a cost of $1,400,000 to the Town, The difference between renovating the present building and building a new one is about $1,000,000. She said with the continued need for schools , the committee did not think there was much choice.: She explained that the outdoor space at the present Junior High School is limited.and to increase it would be expensive. It is not too far from the center playground for school sports. She explained that there is space for a fairly good intramural program. The Committee believes the building is sound and can see no good use for it if not used for school pur- poses. The Committee feels thst until it is renovated they are not offering the type of Junior High School program in some areas they should be. On the five -,year program, this year offers the lowest required capital outlay of any of the next five years. The Capital Expenditures Committee feels that is a factor to be considered. Mrs. Morey said she talked with Mrs. Marek the other day and she realizes the Junior High School needs to be renovated. When the Nichols report was written in 1946 one of the gkati4 items discussed was the elimination of six -substandard rooms. The architects have retained all six sub -standard rooms in the old section of the building. She said she did not feel they could have a new building and for $250,000* instead of $450,000 they can build a school which will carry out an educational program; it will hot be�a new 1960 school. Mrs. Morey •said-ebe could' not see 'maintaining six sub- standard rooms as classrooms, and that very little consideration has been given to the modernization of the old section of the building. Mrs. Marek said that was ttue to a certain extent. The ground floor of the old section is taken up in good para by ventilating pipes, air ducts, heating ducts and pipes of all sorts, She explained that to'convert them to a •smaller area would be so expensive that the people who advised the committee, and who 'should know, feel it would be money wasted. It would be done if there was no limit to the money to be spent. She said that she was going to suggest an inspection tour for the Town Meeting Members and extended a prior invitatiori to the Selectmen and Appropriation Committee. She seed most of the change 313 is concerned, for example, with the home making rooms, the cafeteria and suggested relocation of the girl's locker room. She said besides sorra maintenance work, the most critical need is to do something to provide the girls with locker rooms and shower rooms which the Committee thinks they should have. She said the problem arises as to where to put it. She said that every part of the ground floor has been looked at.. Neither of the architects suggested putting it in the old section, and one suggested putting itwherethe cafeteria is now. The other suggested leaving the cafeteria and changing the location of the kitchen and putting the locker room where the other suggested the cafeteria. It is life a chain reaction. If the girl's locker is moved, it will have to be put somewhere, and to use it where it is seems to be out of the question. She said where the locker rnom is located determines what has to be moved. Nrs. Marek said they had $200,000 as a possible figure in the five-year plan, and there are two reasons for the increase. One is the changes now contemplated are greater than those originally thought and in the second place costs have gone up. If the money is not appropriated then the Committee shall have to add a sub- stantial amount to the maintenance budget for the Junior High School. The figure the Committee has for that is $118,000.- That is not a final figure and the Committee is still studying it. Mrs. Morey asked if the $118,000 would be included in. the $1.50,000 and Mrs. Marek replied that actually it is more than that. The sum of $118,000 does not replace the girl's locker room. Mrs. Morey said she felt the architects had not given the Committee its moneys worth when they maintained six sub-standard classrooms which for twelve years the Town has been told was no place to send the children to school. She said she felt it was a bad recommendation and must say so. , • The Chairman asked if the $4.50,000 was the best recommendation the Committee could make today and if it might be changed before TRRlp Meeting. Mrs. Marek replied/she doubted if they would be able to lower it very much. She reported that the figure given the Committee for the job they thought should be done was originally $521,000. They felt that was too much for an old building and although the $450,000 is not much less, it is some less. She reported that by not doing all the work and using cheaper materials they got the amount down to $389,000 but felt by spending that much 314 they should spend $50,000 or $60,000 to do a really good job. She said the Committee is still asking for infor- mation and breakdowns. She said she agreed completely on one of the Looms, and it may be thrown out. On the others she said she would have to define sub -standard. The one other room on the ground floor is slightly level but with proper renovation it could be a good classroom. There are two rooms on the second floor, one of which is smaller than average. One of the rooms does not heat properly and 4 -he lighting has not been changed anywhere in the building. She referred back to the two rooms and said they could be made adequate rooms on the second floor. On the fourth floor, she agreed with Mrs. Morey. Two of the rooms will be planned for art and the other two are not designated at the moment. In the case of art, health teaching and music no pupils would be in the room for very long as there is only one period twice a week which is different than a regular classroom. She said there is a lot of room on the top floor. Mr. Norman Richards asked if the renovation could be done in two steps, say $250,000 this year and $200,000 next year. He said the Town is faced with the problem of doing it all now or possibly lightening the burden of the blow by doing $250,000 worth this year aad $200,000 next year. Mrs. Marek said that they had been checking that too, and it was felt that there would be some advantage in doing it in two steps. They would not want to do any- thing that would have to be redone. She explained that they could not get a contractor to bid.on a job now which he would do partly this year and partly a year from now. Mr. Richards asked if it would be possible, somewhere along the line throughout the whole budget, to adopt some measure of austerity which might save $50,000.00 and re- duce the school budget which would apply toward this reno- vation. He said the problem is to raise $450,000.without putting the town down to the zero mark. .He said it could all be put on the tax rate which would be $5.00 or $6.00. Mr. Richards said they could borrow some more inside the debt limit and pull the Excess and Deficiency down further and maybe raise $200,000. They could pull the Excess and Deficiency down,by $50,000 keep the increase to $5.00 and give the school Committee $250,000. In ad- dition, if they tighten some place else along the line in the Public Works budget and if the School Department could find some place where it would save money, there might be an additional $100,000. 1 315 The Chairman said the facts have to be faced. All the, budgets represent demands by the public. That being the case, the public must he willing to pay for them. If it is not willing to pay for them, it must stop the demanding. Mr. Richards said the people do demand things, but he thought their demands should be kept within certain bounds. He said there is no problemin selling anyone in town the problem of schools, and there are other things that could be reduced by some degree. He said it has been a practice, since he has been on the Ap- propriation Committee to cut. The Chairman asked if ¥[r. Richards had some budget in mind where some money could be eliminated. Mr. Richards said he would eliminate personal services for the time being. He understood the overall policy of increasing personal services. lie said they could not in- crease in one department and not in other departments and he would forget that for the time being but he did think they could go through the budget in the Public Works De- partment and cut ont things there. The Chairman asked what he would eliminate and Mr. Richards replied that there is an item of $50,000 for sidewalks and last year it was $25,000. He said the town did not get all the sidewalks built last year and that it hoped to. He said he thought $25,000 would still provide a substantial program. The Chairman explained that the Sidewalk problem is parallel with the school problem and the proposed sidewalks are only in the areas: For the school purposes and thbse do:: not fill the requirements of the schools. Mr. Madden said that his Committee has recognized the need for all these items and -,gone along recognizing the need for renovating the Junior High School. He said 'his Com- mittee also recognizes that the Selectmen and School Com- mittee are as tax conscious as they are. He said the Committee was :shocked at the size of the request for re- novating the Junior High School and has thought it would be about $200,000. Be said the point is reached where budget items have to be paid for in the current tax levy. Mr. Richards said he still thought there was some- thing that could be done to raise another $100,000 by cutting some of the budgets;': The Chairman explained that the substantial one in: the Public Works is sewers. He said the Town is going to be faced with the increased demands for sewers and he did not see how that item could be cut and provide the necessary disposal system., 316 Mr. Richards said Allen Street could be cut out and asked if .curbing and drains were needed right now. . The Chairman said it has been the experience in the past that projects have been deferred for many years and now they are catching up. He said the fact has to be faced that these things are all requirements and the Town must pay for them in the current tax levy. The Chairman asked Mr. Cass if he had any remarks and he replied in the negative. The Chairman asked Mr. Potter ifhe had anything to say and he replied in the. negative. Mr. Maloney asked what must be done this summer oh the Junior High and Mrs. Marek replied that there is roof work, Mork around the exterior of the windows, painting the outside and inside and there is work on the heating system that should be done. She reported that there are no control valves'on the radiators. Mr. Maloney mentioned that the situation has been that way for some time. Mr. Maloney asked if repairing the roof and painting would be included in the renovations and Mrs. Marek re plied in the affirmative. She said if the renovation is to be postponed they should do some of the exterior painting in the areas that wilt not be substantially changed. Mr. Maloney said if that were done, the renovation would be so much'less next year. He said the maintenance money will come off the total of remodeling the building. He said he would like to know why this has to be done and how important it is to spend *118,000. He said the situation of radiator valves not working exists in other places. Mrs. Marek said the personal services budget has increased substantially. She explained that the salary schedule is lower than other communitieswith whom they have to compete and there is no question but: the schedule will have to be changed another year. The group retired at 8:55 P.M. Mr. Reed, Mr. Stevens and Mr. Gayer came into the meeting. About fifteen representatives from the League of Women Voters were welcomed to the meeting by the Chair- man. Mr. Stevens said he would like to have the Board adopt an Order of Taking of property of Lillian M. Smith 1 317 located on Grove Street that is to be acquired as part of the site for the elementary school building. He re- ported that the transaction would be closed next week,. Smith Upon motion of Mr. James, seconded by Mr. Maloney, land for it was voted to adopt the following Order of Taking. school COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held this 25th say of February, 1957, it is ORDERED:- Whereas by a unanimous vote of a Town Meeting duly called, warned and held on the 19th day of November, 1956, the Selectmen were authorized and empowered on behalf of the Town of Lexington to take by eminent domain, or otherwise acquire the land hereinafter described for school and playground purposes, and an appropriation of money was made for the pur- pose, as will morefully appear by reference to said vote, an attested copy of which is annexed hereto. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified aid acting -as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any enabling, take in fee in•the name and on behalf of the Town of Lexington for school and playground purposes the following two parcels of land situated on and easterly of Grove Street in said Lexington and bounded and described as follows: 1. A parcel of land bounded: NORTHERLY by land now or formerly of George J. and Sadie D. Wilkins* eight hundred ten and 88/100 (810.88) feet; EASTERLY by land now or formerly of Edwin B. Worthen et al trustees, three hundred fifty-six and 09/100 (356.09) feet; SOUTHERLY by land now or formerly of Lexington and formerly of George J. Andrews, eight hundred twenty-one and 93/100 (821.93) feet; and WESTERLY by lot A on plan hereinafter mentioned, four hundred forty four and 96/100 318 041 .96) feet. Said parcel is shown as lot B on plan entitled "Plan of land in Lexington Mass." dated November fig,, 1947, Albert A. Miller, Wilber C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan Na 1778 of 1947 in Book 7221, Page 388. 2. A parecl of land bohnh d NORTHERLY by lot Al on plan hereinafter mentioned, two hundred ninety-eight and 42/100 (298.t1.2) feet; EASTERLY by lot B, being parcel 1 hereinabove described, sixty-one and 32/100{ (61.32) feet; SOUTHERLY by land now or formerly of George J. Andrews, two hundred eighty (280) feet; and WESTERLY by Grove Street, sixty and 30/100 (60.30) feet. Said parcel is a portion of lot A on the aforesaid plan and is shown as lot A2 on plan entitled "Plan of Land on Grove Street in Lexington, Mass." dated January 22, 1957, Richard J. Gayer, Town Engineer, to be recorded herewith. There is excepted from the taking of lot A2 the right in the owner of the dwelling numbered 121 and shown situated on Parcel Al on the aforesaid last mentioned plan to pass and repass by footand by vehicle, in common with the Town and any others that may hereafter be authorized by it,, over a portion of said lot A2 between Grove Street and said dwelling and any private garage that may be constructed as an;accessory building thereto; the exact width and location of said right of way shall be determined and may be changed from time to time by the Town, provided, however, that it shall be of sufficient width and so located as to provide reasonably convenient access. All trees upon said land and structures affixed thereto are included in the taking. We award the damages sustained by the persons in their property by reason of the taking hereby made as follows: To Lillian M. Smith of said Lexington, the sum of One (11.00) Dollar. In so awarding damages we have awarded thea to the supposed owner of record of the land hereby taken es of 1 319 the date hereof, but if the name of the owner of any interest in said land, is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us, and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for the improvement for which this taking is made. WITNESS our hands and seals in said Lexington the day and year first above written. Haskell W. Reed Ralph H. TucTher Ruth Morey Raymond W. James William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. February 25, 1957 The personally appeared the above-named Haskell W; Reed, Raymond W. James, William E. Maloney, Ruth Morey and Ralph H. Tucker, known to me to be a majority of:the duly elected, qualified and acting Selectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me, Hazel J. Murra Notary u lic My commission expires: November 29, 1957 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at a Town Meeting duly called, warned and held on,the 19th day of November, 1956, in accordance with the provisions of law applicable thereto, the following vote was unanimously adopted: "VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain 320 or otherwise acquire, for school and playground purposes or for access thereto, the fee, any easement or other interest in any part or parts or all of the following parcels of land situated in Lexington: 1. Two parcels of land situated on and easterly of Grove Street, believed to be owned by Lillian M. Smith, shown on plan entitled "Plan of hand in Lexington, Mass." dated November 21, 1917, Albert A. Miller, Wilber C. Nylander, Civil Engineers and Surveyors, which is recorded in Middlesex South District Registry of Deeds as Plan No. 1778 of 1947 in Book 7221, Page 388, and. consisting of Lot B, having an area of about 7.45 acres, as shown on said plan, and of a strip of land, having a uniform width of about 60 feet, running from Grove Street to said Lot B along the southerly boundary of Lot A as shown on the aforesaid plan; and 2. Any parcel or parcels of land adjacent to said Lots A and B; and that the sum of $15,000.00 be appropriated therefor and be provided by transfer from the Excess and Deficiency Account." A?true copy. Attest: James J, Carroll James Jr. Carroll, Town Clerk Further consideration was given to request received from the Lexington Golf Club relative to partial payment of sewer betterment and deferment of balance. Mr. Stevens advised that the request could be granted. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was unanimously voted to accept a partial payment of $909.22 and, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of the bal- ance of the sewer betterment of $11400, without interest, *01 1 321 until the land or any part thereof isbuilt upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, Betterment that this extension of time shall terminate immediately if the facilities of the sewer main are used for said land or any part thereof. The Chairman read a letter from Gerald Holton with reference to tax title lots 534 and 535, Butler Avenue. Because of the impossibility of financing the purchase of the property through a bank mortgage, Mr. Holton would like to have Mr. Richard Lee of Boston purchase the land on his behalf and give him a long-term lease and option to buy. Mr. Holton also requested permission to budget the sewer betterment assessment over a period of ten years. The Chairman asked if it was possible for Mr. Holton to budget the sewer betterment and Mr. Stevens replied in the negative. He explained that the better- ment is not now being put on, but is being included in the amount charged for the land. He stated that there is no provision whereby it may be apportioned. Mr. James said that Mr. Holton refers to the fact that he can't personally buy the land but wants per- mission to have someonelse buy it for him. He said it seemed to him that if this is the method he chooses, the request should come from the buyer and not from him.. Mr. Maloney said that the Board considered selling the lots to Mr. Holton because they adjoined his property. In view of the situation outlined by Mr. Holton, it was agreed to advise him that unless he can purchase the property, no other arrangement will be considered by the Board. Tax title Mrs. Morey left the meeting at 9:10 P.M. The Chairman read a letter from M. F. Shaughnessy, Street representing the Sun Valley Associates, Inc., requesting accept - acceptance of seven streets and inquiring as to when ances 3c street lights will be installed in streets not now lights provided for. . The Chairman explained that the necessary easements have not been received On some of -the streets included in the list. Mr. Stevens said that Winchester Drive is a County road and there is no question of accepting it. On the others, there is some diffict11iy over the matter of sewer and water easements running over primate property. Last August he gave the necessary papers for the attorney 322 Tree Removal to the sub -divider. They were not returned until about two weeks ago. Mr. Stevens told them if the streets were to be accepted the instruments would have to be returned by December, but they did not come in on time. He reported that not all of the instruments are in on some of the streets mentioned in the letter. He explained that only today he wrote to the sub -divider for further information. Mr. Gayer said that Wheeler Road and Locke Lane are all ready. Mr. Stevens reported that section 38 8 and 10 are in the process of being made ready. He said sections 11, 12, 13 and ]J. are all right providing he gets the in-between ones. •Then•these are 15 and 16 which he is working on. He said he expected th at everything will be done from one through fourteen then they will be in order for acceptance. The Chairman was authorized to advise Mr. Shaughnessy that uritil the necessary easements 4ave been obtained the streets cannot be presented far' acceptance and further if the property owners in the individual streets will petition for the installation of street lights th4 requests will be included in the list to be considered some time about the first of July. Mr. Stevens retired at 9:20 P.M. Letter was received from Albert Gardner, 342 Waltham Street requesting removal of a tree that inter- feres with his proposed driveway. - Letter -was received from Mr. Gayer advising that he viewed the location and the tree is definitely in the way of building a common driveway between the new house at 342 Waltham Street and the next house which Mr. Gardner sold recently. He repotted that the tree is an 18" elm almost void of branches due to the power line imediately above it. It was his recommendations that the tree;be posted for removal. Mr. James asked if the tree was diseased and Mr. Gayer replied that hr would have to run a test to determine that and explained that it is not much of a tree. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to post the tree for removal. • Letter was received frpm Mr. Gayer with reference to a meeting recently held by the Town Safety Committee. The first item discussed was a -request by the First National Stores to build an access driveway from their parking lot to Worthen Road. The request was granted with the understanding that the now existing drive on Bedford Street, nearest the intersection of Worthen, Road and Bedford Street would be eliminated after the new driveway is completed. It was felt by both the Com- mittee and representatives from the First National Stores that this would help eliminate some of the traffic congestion rim N 1 323 at this intersection. Mr. Tucker's suggestion re elimination of parking in front of the Hunt and Baker Blocks between the hours of 4:00 P.M. and 6:00 P.M. was considered. The Committee met with Mr. Roy Melton of the Middlesex & Boston Street Railway and it was suggested that the now existing bus stop in front of the Baker Block be moved to meter spaces 30, 31 and 32 as shown on attached drawing. Three meters Parking would be placed where the existing bus stop is now located Hunt and the entire two blocks would be restricted to no par- Block king between the hours of 4:00 P.M. and 6:00 P.M. Mr. Robert Brooks of the State Department of Public Works was contacted and advised that a thirty -day trial period could be given. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to make the following changes in the 'traf- fic regulations for a thirty -day trial period: stop 1. Move the bus/on the northeasterly side. of Massachusetts Avenue from its existing location on the space now occupied by park- ing meters 30, 31 and 32. 2. Insta11. three parking meters in the present bus stop. 3. Eliminate parking from L:00 P.M. to 6:00 P.M.. on the north easterly side of Massachusetts Avenue from parking meter 35 to the intersection of Depot Souare. Later in the evening further consideration was given to the overall subject and upon motion duly made and seconded, it was unanimously voted to rescind the above mentioned vote changing the traf- fic regulations for a thirty -day trial period. Mr. Gayer presented a sketch and explained what might be done with the Baskin playground. He said that he would have some rough estimate of cost in another week. The Chairman referred to bids opened at five o'clock this afternoon for furnishing and building a steel standpipe and appurtances. He reported that Mr. Howard recommended accepting the low bid this evening. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to award the contract for furnishing and building a steel standpipe and appurtances to the low bidder, Pittsburgh-DesMoines Steel Co. at $125,900 350 days. Standpipe bid 324 Mr. Howard Dawes, 10 Bernard Street, brought in a letter before the meeting opened, requesting a rebate of sewer assessments on lot 44 Ivan Street and lot 43 Bernard Street, claiming that his house and out building are constructed on both lots. The Chairman aid the Board would have to obtain Dawes information from the Superintendent of Public Works be - assessment fore any action can be taken on the request. Mr. Gayer retired at 9:L5 P.M. The Chairman read a letter from the School Committee advising that an appropriation of $450,000 will bare - quested at the March Torn Meeting for renovating the present Junior High School. School Mr. James explained that during the previous meeting with the Appropriation Committee this subject was discussed at length. He reported that the Appropriation Committee is still considering the subject, particularly in view of the faot that the money all must come from With available funds, the tax levy or borrowing inside the debt limit and there is no participation by the State in this construction as there is in new building. The Chairman read reporter:`. from the Board of Health and the Fire Department relative to inspections made at 927 Massachusetts Avenue, property owned and occupied Complaint by George Mahoney. The representatives from the League of Women Voters retired at 9:50 P.M. Tax title The Chairman reported that the Building Inspector recommended an estimate of $2,000 for renovating this building to accomadate departments now located in the Barnes property and said that Mr. Gayer quoted an estimate of $$500 for two doors. Mrs. Morey returned to the meeting at 10:10 P.M. 1'°irs. Morey reported that the Planning Board recommends not disposing of the land off Waltham Street for which Mr. Tropeano offered $1,000 per acre. The Board discussed informally what departments are to be located in the new Town Office Building. The meeting adjourned at 10:25 P.M. A true record, Attest: xec tiva/ ClerW, Selec 325 SET,FCTMENIS MEETING March 4, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 4, 1957 at 7:30 P.M. Chair- man Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Hearing was declared open upon application of the Josiah Willard Hayden Recreation Center, Inc. for permission to store 20,000 gallons of #6 oil, under- ground at 24 Lincoln Street. The abutters were notified by registered mail and the application approved by Bernard J. Belca$tro, Deputy Chief, Lexington Fire Department. Mr. Edwin B. Worthen and Mr. Harold W. Geddes, 15 Audubon Street were present atthe hearing. Mr. Worthen explained that he was representing the architect, and reported that Mr. Saum and Mr. Hibbard were unable to be present. He said that the original specifications called for 30,000 gallons and it was reduced to 20,000 gallons for various reasons. he said that it will be 222 from the rear corner of the gymnasium, is tied down to a concrete mat with tie rods and turn buckles and three feet of cover. He explained that it is all underground except for the manhole which is, on the paved area. The Chairman asked if there was any opposition and Mr. Geddes said that he wanted to know Nat where the tank is to be located and why the request was for 20,000 gallons which seemed a lot to him. Mr. Worthen replied that it is a good-sized building. Mrs. Morey slid that 20,000 gallons is the capacity of the tanks at the High School. Mr. Geddes said the tank is not in the filled land and from the size it is heavy., Mr. Worthen explained/i'Rtnit would be tied down to a reinforced mat with tie rods and turn buckles. He explained that whether it is empty or otherwise it will stay there. Mr. Geddes said that he had no objection. The Chairman declared the hearing closed and I esrs. Worthen and Geddes retired at 7:!4.0 P.M. 326 Theresa Avenue Stonewall Road Dump Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to approve the application and issue a license to the Josiah Willard Hayden Recreation Center, Inc. to maintain one underground tank for the storage of 20,000 gallons of #6 oil on the premises -located at 24 Lincoln Street. Mr. Gayer met with the Board. Petition was received,.. signed by residents on Theresa Avenue, requesting that the street be paved and accepted by the Town. It was agreed to have the Superintendent of Public Works prepare an estimate of cost to be sent out for signatures for consideration in next year's budget. Letter.was received from Herbert S. Kassman advising that he would like to initiate proceedings for the acceptance of Stonewall Road. The Chairman said that this, together with other sub -division streets, might be accepted at a Special Town Meeting. It was agreed to request Mr. Kassman to have a formal petition, signed.by property owners, submitted and also to check with Mr. Snow, Consultant to the Planning Boerd, relative to possible easements that may be necessary. Telegram was received from Mrs. Frederick D'Abbraccio requesting installation of sewer main in Westminister Avenue. Inasmuch as it is too late to include this in the budget for this year, it is to be considered as a 1958 item unless it is determined that funds are available upon completion of the program.prepared for this year. Mrs. Winifred Lovering Holman, 275 Concord Avenue, sent the Board a clipping from the Lexington Minute -man which she wrote relative to a dump on. Concord Avenue. Mr. Gayer reported that he received a letter from Mrs. Holman, prior to her item in the paper, aid the area referred to has been cleaned up. • The Chairman read a letter from Mr. Gayer with further information relative to the proposed bus Bus stop stops and parking changes in front of the Hunt and and Baker Blocks. parking Mr. Roy Melton of the Middlesex and Boston street meters Railway was again•contacted and reported that the buses stop in front of the Baker block every half hour. Whichever bus arrives first, waits at this stop for the others end this could be a period of five or ten minutes, 327 Mr. Gayer also explained in his letter that signs reading "No Parking 4:00 P.M. to 6:30 P.M." can be obtained. However, they are not a standard stock item and it will take approximately two months to receive them. ne can make signs with stencils to serve the purpose for a trial period, after which permanent ones can be obtained If desired. Mr. Tucker explained that originally he had no thought of changing the bus stop. He would leave it as is and just eliminate parking between the hours of 4:00 P.M. and 6:00 P.M. Mr. Maloney suggested taking one step at a time and for the present take no action relative to the bus stop. The Chairman said as he understood it, all the Board desired for the present was to eliminate parking in front of the Hunt Block and Baker Block between L4.:00 P.M. and 6:30 P.M. It was agreed to write Mr. Trani, advise him of the contemplated change and solicit his co-operation relative to deliveries during these hours. It was also agreed to give the matter some publicity in the Lexington Minute -man. Letter from Howard H. Dawes, 10 Bernard Street, relative to sewer betterment assessment on lots 44 Ivan Street and lot 43 Bernard Street was held over from the last meeting. The Chairman reported that he had checked with the Board of Assessors and they are still taxing this property as two separate lots. He explained that part of Mr. Dawes' tool shed is over on the other lot about five feet and the porch is over five feet. If Mr. Dawes should sell the house or desire to remove the porch and, tool shed he would have a'buildable lot. He said he thought the assessments were justified. Mr. Stevens said the property could be combined into one lot and Mr. Gayer reported that at the time the assessments were levied they were two seperate lots. Mrs. Morey inquired about the amount that would be saved and Mr. Gayer replied that it was about $30. Mr. Gayer agreed to discuss the subject with Mr. Dawes rather than try to explain the situation in a letter. The Chairman read a letter from Harold Seidenbeg, 32 Marrett Road rela tive to difficulty, he has encountered getting out of his driveway due to traffic on Route 2A. 328 The Chairman wps authorized to advise Mr. Seidenberg that the Board has no jurisdiction, insofar as posting Traffic signs;; is concerned on Route 2A due to the fact that it is a State Highway. Letter was received from the Planning Board in regard to the streets to be presented at the Annual Town Meeting for acceptance. Before taking any action, Streets the Planning Board would like to view the plans, to- gether with the plan for Allen Street. The Chairman explained that the plans were avail- able at the hearing and filed with the Town Clerk the day after the layouts were signed. Mr. Stevens said he would like to have a, Certificate of Entry signed on the drain from Tower: Road to Independence Avenue. Mr. Stevens explained that the order to construct a sewer in Ross Road had been brought down in error and said that the Board should rescind the vote for its adoption. Sewer Upon motion of Mr. James, seconded by Mrs. Morey, Order it was voted: That the order to construct a common sewer in Ross Road which was adopted by the Board on October 15, 1956 and a copy of which was recorded in Middlesex South District Registry of Deeds, Book, 8844 Page 42 , be and hereby is rescinded; said order having been adopted through error since the Board had earlier, on August 27, 1956, adopted an order of taking by eminent domain sewer easement in the land in which said sewer was to be constructed and had atated in said order of taking that betterments were to be assessed for said improvement and had attached to the copy of said order of taking that was recorded in said Deeds in Book 8802, Page 334, a schedule of the estimated betterments to be assessed. Mr. Stevens reported that the Historic Districts Historic Commission was having trouble getting five members to - Districts gether and thought that there should be four Associate Commission Members. He said to make a change would •require legisla- tive action and the Board agreed with his thinking. Mr. Stevens informed the Board that Mr. MacNeil has an application for a variance on the piece of land that is coming to the Town and it is different from the previous variance. • fosse r 1 329 Letter was received from Mr. Collins, Welfare Agent, relative to the proposed 5% increase for the Social Worker. He explained that this does not bring her to the minimum of $3360 yearly as set forth in the Welfare Compensation Plan. He felt, in figuring the salary, Social it should be based on 03360 yearly minimum which be- Worker came effective January 1, 1957, instead -of the salary she received for 1956. • The Chairman asked how the Social Worker could be paid retroactive, and Mr. Stevens explained that the State would not allow it until after the annual town appropriations are made. The Chairman reported that Mr. Collins said he had money left. Mr. Stevens explained that Personal Services do not carry over and he did not see how it could be done, but possibly something could be worked out through the Bureau of Accounts. Mr. James explained that this salary is short by $6.00 per year. Mr. Stevens said he could not see how the Board could put it into effect until it had the appropriation. Letter was received from William J. Endres, 15 Williams Avenue registering opposition to the proposed Street change in the name of Williams Avenue to Davis Road. name • The Chairman read a letter from the Additional Town Office Building Committee with reference to pos- sible changes in the selection of departments designated Town to occupy the new building. Office It is not the Board's intention to make any change Building in the departments to be transferred to the new building as indicated on the Committee's plan. The Chairman reed a letter from the -Lexington Chapter American Red Cross with reference to a recent Red conversation relative to the possibility of garaging Cross the Red Cross Station wagon in the vacant stall at the Station police station. Mrs. Roeder, Motor Service Chairman, wagon looked at the space and felt it would be adequate. The Chairman said that the Chief had no objection and would have the area cleaned out. Letterwas received from the D & L Disposal Service requesting permission to distribute handbills, a copy of Permit which was attached, at the dump on March 9, 10, 16, 17, 23 and 2L. between 9:00 A.M. and 3:00 P.M. 330 The Chairman reported that no permit had been issued by the Board of Health for the collection of rubbish and it was agreed to advise the D & L to obtain a permit from the Board of Health first. At 10:55 P.M. final results of the election were available and Mr. James and Mr. Maloney were elected Selectmen for a term of three years and sworn to the, faithful performance of their duties by James J. Carroll, Town Clerk. Mr. Reed moved that Raymond.W. James be nominated as Chairman of the Board of Selectmen for the ensuing year. Mr. Tucker seconded the motion, and it.was so voted. Organization Mr. Maloney moved that the nominations be closed. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was unanimously voted that the Executive Clerk cast one ballot for Raymond W. James, as Chairman of the Board of Selectmen for the ensuing year. Mrs. Morey reported that she received a letter from Mrs. Milne on Preston Road. She said that there are "Slow Children" signs there but wondered about an ordinary stick being placed in the ground with scotch lite tape calling attention to dangerous curves. Mr. James reported that he met Saturday with Mrs. Marek and Mr. Brown relative to the proposed remodeling of the Junior High School Building in an effort to see what could be done financia117. It appears the only way it can be done is by reducing the Excess and Junior Deficiency $100,000, reducing bonding capacity 0200,000 - High School and by $220,000 on the tax levy which is about $4.00. Mr. Tucker asked what would 4RHen if the work was not done and Mr. Maloney replied/tHey would use the building for another year. Mrs. Morey reported that the School Committee is not committed to the plans or to this architect and it would seem that they could ask for a new study. kir. James said he would like them to ask for $200,000 to do the job and then ask what is the best that can be done for it. Mr. Reed said he thought the Selectmen should tpake a statement. Mrs. Morey reported that ten years ago it was agreed that the girls' locker room was bad. It was 331 agreed that the kitchen was a bad place, wet and damp and it is still in the same place. It was also agreed. that there were six sub -standard rooms which the Committee is not moving. Mr. James reported that they are moving a partition which is now between two sub -standard rooms and taking out a closet which provides three windows. he said two Junior High Schools are going to be necessary and they are going to build a new one. He said it should be fixed up somewhat because if the Town spends $200,000 it is better than to spend *2,000,000 for another school. He suggested that Mrs. Marek tell the Town the value it will receive for this money. Mr. Reed asked if Mrs. Marek talked about not requesting Money for additions to the two elementary schools until a later meeting and Mr. James replied in the affirmative.. He said that would be borrowed outside the debt limit anyway. Yr. Maloney reported that over 100 fewer built homes in 1956 and asked what the Town would have this year. Mr. Reed referred to Fire and Police Personal Services and it was unanimously and definitely agreed to provide for three additional men in each department. The meeting adjourned at 11:20 P.M. A true record, Attest: Cler4, Selec krien Meeting of Selectmen, Planning Board and Mr. Gummere re: Filene's, not in permanent record book, but in Selectmen's Meetings file. Meeting held on March 4, 1957. SELECTMEN1S MEETING March 11, 1957' A regular meeting of the held in the Selectmen's Room, on Monday evening, March 11, Chairman James, Messrs. Reed, Mrs. Morey were present. Mr. Mr. Gayer, Superintendent of Executive Clerk were also pre Board of Selectmen was Town Office Building, 1957 at 7:30 P.M. Maloney, Tucker and Stevens, Town Counsel, Public Works, and the sent. • The Chairman brought/ eke subject of the Great Meadows about which i article in the warrant for the Arlington Town Meeting. Mr. Stevens reported that he has tried to contact the Town Counsel in an effort to find out what he knows about the matter but has been un- successful. He said that some time ago he did discuss this with the former Town Counsel and on. several occasions Arlington had wanted to dispose of the land, but the title was so confused nothing was done. In some of the land they have drainage rights, some they have in fee and some they just use. He said he would still try and contact Arlington Town Counsel and report what he finds out to the Board. Mr. Stevens referred to property on Concord Avenue, formerly in the name of Mitchell and now Quinton, upon which Mr. Collins, Welfare Agent, placed an Old Age Assistance lien. Later, when the amounts advanced were paid Mr. Collins discharged the lien. The attorney for the Lexington Savings Bank ruledthat the Board of Public Welfare is not the proper body to discharge the lien and he would accept only a discharge by the Board of Selectmen. i'Ir. Stevens explained that the Statute, as he recalls it, says an appropriate official, and in his opinion the Board of Public Welfare was the proper official and could delegate the authority to Mr. Collins. He pointed out that if this particular case is handled any different, it might throw some question on others signed by Mr. Collins. he said he did check with attorneys for other banks in town and they had passed the ones discharged by Mr. Collins. He reported that at a meeting of the City Solicitors and Town Counsels, at which over fifty were present, the opinion was that the Selectmen should not have to sign the discharge. However, Mr. Tyler is firm in 333 his opinion and the Lexington Savings Bank has indicated to the owner that there is nothing they can do as the bank attorney will not certify the title, Mr. Stevens said he received a call Saturday from the attorney for the owners who wants something done. Mrs. Morey asked if the Boardcould sign it with out establishing a precedent. Mr. Stevens explained that in any other case where the bank is involved the Board will be subject to the same thing. He said/tAtre is something Old Age included in the warrant for the next meeting where- Assistance upon it is voted to have them executed by the Board lien of Public Welfare or its Agent, it will satisfy Mr. Tyler. The Chairman asked if Mr. Tyler knew Mr. Stevens' recommendations to the Board. Mr. Stevens said he told Mr. Tyler he would re- late the situation to the Board and that it was his opinion it is not a function of the Board of Select- men. The Chairman asked if a letter from the Board to Mr. Tyler relating the Board's position was proper. Mr. Maloney asked how many times this happened and Mr. Stevens replied that he did not know. lie said it must have been a number of times and as far as he could find out from other communities it is done this way. The State Department of Public Welfare thought it was alright this way. Mr. Stevens said he did not know how often this would come up and the Selectmen would have to have a letter from the Board of Public Welfare stating this had been paid, that the release had been signed by Mr. Collins and it is in order for a further release to be signed by the Selectmen. The Chairman asked if it would be in order for the Selectmen to write a letter to the attorney for the bank and Mr. Stevens replied that the Board has no direct relation with him. He said the seller owns property and would be entitled to an explanation,. and he has that explanation through his attorney. He said he told him he would take it up with the Board of Selectmen and if the Board wanted to sign it all right and if not all right. Mr. Reed said the situation may -come up again relative to the Lawrence property on Waltham Street. The Chairman read a letter ,from Charles F. Small, attorney, relative to blasting damages on Fateland 334 LTJ r Street. Mr. Stevens explained that blasting permits are Blasting issued by the Fire Department and took the letter damages with him. Mr. Stevens referred to the article on Allen Street and explained there it is relocating and reconstructing a portion of the street, which is a town way, it is not possible to borrow under para- graph 5 of Section 7. fie said the width to which the whole street is being dug up has a bearing on whether or not it can be called construction. He said it amounts to resurfacing and that is a five-year bor- rowing and not ten. He said it means that there will have to be twenty-five cents of the assessed appropriation for the streets and for Alien Street. The Chairman said that Allen Street must be pre- sented as a seperate motion. Mr. Stevens said that was definite. The Chairman said that the amount to be raised is too little under the street vote. _ Mr. Stevens agreed and said it has to be increased from three something to ten something. Mr. Stevens retired at 8:20 P.M. Mrs. Monahan and her daughter, Alice, met with the Board relative to sewer betterment assessments to be levied on property owned by_Mrs. Monahan and Monahan located on Haskell Street and Lowell Street. sewer Following a lengthy discussion, the Chairman betterment explained that al ,that can be done is for Mrs. Monahan to lay/as a lot the piece of land upon which the house is located. The assessment on that portion can be paid over a period of twenty years at L1% in- terest. The assessment on the balance of the property can be deferred until such time as it is sold. The Monahans retired at 9:00 P.M. Mr,.Alfred P. Tropeano and Mr. John MacNeil met with the Board. Mr. Tropeano said that Mr. MacNeil has a hearing MacNeil coming up tomorrow night before the Board of Appeals. building He explained that Mr. MacNeil was hoping to get.,/a0t street but never did. He presented a plan which he said aaas the original one approved by the Board of Appeals. He explained the seven foot and three foot variance and located them on the plan. He is now going in for a further variance to allow seventeen foot stores. The building is being extended into business. Mrs. Morey asked if each store had a rear entrance and Mr. Tropeano replied in the affirmative. Mr. Maloney asked where the stores would front and Mr. Tropeano replied on a grass plot on Depot Square. Mr. Tropeano said he would like the Board to ex- press an opinion at the meeting with the Board of Appeals tomorrow night, He said if Mr. MacNeil cannot put up a building he would have a clain against the town. He said all he wants is an additional couple of feet and another little strip which he indicated on the plan. The Chairman, indicating on the plan, asked if what Mr. MacNeil wanted was three feet rather than five feet in addition to the ten feet variance in the back of one of the three proposed stores. Messrs. Tropeano and MacNeil retired at 9:12 P.M. Mr. Reed also left the meeting. The Board was not opposed to the requested variance. The Chairman read a letter from John E. Ward, 15 Robinson Road relative to a drainage problem. He. wrote to the Board last Fall and asked that the town look into the adequacy of the Techbuilt drainage system. Mr. Gayer reported that he has an appointment with Techbuilt tomorrow morning and has contacted Mr. Ward who is satisfied with his efforts.. He said he would go over the situation with Techbuilt and then contact Mr. Ward again. The Chairman was authorized to advise Mr. Ward that the Board understands, through the efforts of the Superintendent of Public Works, the matter is being straightened out to his satisfaction. The Chairman read a letter from Harold Conant relative to the new water tower and a reference to the reservation of 200 square feet, which he advised was obtained by the Town by an act of Legislature. Mr. Gayer said he did not think the thirty-foot strip to which Mr. Conant referred would be needed. However, he is in the process of checking that now and may have to consult Town Counsel. The Chairman was authorized to advise Mr. Conant that the Board is in the process of having the bounds, ownerships and deeds checked and will contact him 335 Ward drainage problem Water tower 336 Traffic Maple & Lowell Streets Howard Dawes Sewer betterment assessment Stand Paper drive Stand when complete information is obtained. Letter was received from Maurice Shaughnessy, together with petition, requesting the installation of safety devices at Maple and Lowell Streets and Winchester Drive. Mr. Gayer said he felt something was needed and last year he asked the State for suggestions but has not heard anything. It.was agreed to advise Mr. Shaughnessy that the State has been requested to make a survey of the area and the Board is waiting for its recommendations. Mr. Gayer reported that he talked to Howard Dawes relative to his recent communication with reference to sewer betterment assessment. Mr. Dawes is now interested in the street and he has talked to Mr. Reed about it. He explained that if the two lots are combined it will make a difference on his street betterment assessments. Mr. Gayer told Mr. Dawes that to have the Board act on it might require that the lots be recorded in land court and he said he would discuss the subject further with Mr. Reed. Mr. Gayer retired at 9:30 P.M. Letter was received from Rev. Harold T. Handley, on behalf of the Parish of the Church of Our Redeemer, requesting permission to erect a stand on the Rectory grounds, April 19th for the sale of food and coffee from 7:00 A.M. until 11:00 A.M. The Board had no objection. Letter was received from Rev. Harold T. Handley, on behalf of the Church of Our Redeemer, requesting permission to conduct a paper drive in the parish on Sunday, March 24th. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the request. Letter was received from the American Legion, Stanley Hill Post, No. 38 Inc. requesting permission to use the location at the corner of Massachusetts Avenue. and Meriam Street on the morning. of April 19th to sell coffee, doughnuts and soft drinks. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the request and to advise the organization that activities are to be terminated at noon, April 19th being Good Friday. 1 The Chairman read a letter from the Planning Board with reference to the so-called Holmes tax title pro- perty located off Waltham Street, for which Mr. Alfred P. Tropeano had offered $1,000 per acre. The Planning Board wished to be placed on record as being opposed to the sale of this property. With the°formulation this Fall of the Board's overall preliminary develop- ment plan for Lexington, it hopes to have ready specific recommendations for the use of town -owned lands. The Board of Selectmen felt that it was in the best interest of the Town to retain the property. l he Chairman read a letter from Gerald Holton with further reference to tax title lots 534 and 535 Butler Avenue. Mr. Holton said that he can now agree to purchase the property. The Chairman was authorized to advise Mr. Holton that the Board entertained an offer of *800 for the two lots, plus *191.60 sewer betterment and will advertise the proposal to sell in this week's issue of the Lexington Minute -man, following which further consideration will be given the subject and the re- sult of which he will be notified. 337 Tax title Tax title Upon motion of Mr. Tucker, seconded by Mrs. - Morey, it was voted to approve Surety Bond 611297, on behalf of Ethel U. Rich c,s Tax Collector, in the Bond amount of *82,700; said bond having been approved by Commissioner Dane. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to approve Surety Bond F-122837, on behalf of Jamea J; Carroll, Town Treasurer, in Bond the amount of *71,000; said bond having been approved by Commissioner Dane, and further voted to approve Surety Bond F-101165, on behalf of James`J. Carroll, Town Clerk, in the amount of $1,000. Letter from the Lexington Visiting Nurse Association relative to the appointment of a representative from the Board to the Board of Directors of the Association was held over. Mrs. Morey agreed to represent the Board again this year. Further consideration was given to -bill in the amount of *72 for items purchased by the Woburn Draftees' Draft Board. The Chairman reported that Mrs. Murray, gifts Secretary to the Board telephoned and explained that `338 F. B. Gummere not only draftees receive gifts but all enlisted men and the towns of Winchester, Stoneham and the City of Woburn are billed and pay their share. She reported that it is very difficult for her to determine the number of enlisted men from Lexington as she has 4300 registrants. Mr. Tucker agreed to discuss the subject with Mr. Daniel A. Lynch, a local member of the Draft Board. The Chairman reported that the D & L Disposal Service has applied to the Board of Health for a permit to collect rubbish in Lexington and the application will be acted upon at the next meeting of the Board of Health on Friday, March 15th. The company will like a permit from the Selectmen to distribute circulars and have it in time to use Saturday, March 16th. The Board granted the permit to be held by the Clerk pending the issuance of a"permit from the Board of Health. A copy of the letter from the Selectmen granting a permit to distribute circulars is to be sent to the Board of Health and also the Chief of Police. Mr. Stevens retired at 10:00 P.M. Upon motion duly made and seconded it was voted to appoint Charles H. Brenton local Superintendent of Insect Pest Control for a term expiring March 31, 1958 in accordance with Chapter 657, Section 13 of the Acts of 1956. The Chairman referred to Mr. F. B. Gummere's visit with the Board and brought up'the question of what statement the Board should make relative to his proposal. NIrs. Morey said that she was in favor of having the subject opened for the Town to decide and she did not think the Board had to commit itself. It was agreed to advise Mr. Gummere that the Board has been very much interested and would be interested to pursue the matter further in"more detail and find out just what it is going to involve as to facilities. At 10:20 P.M. the Appropriation Committee met with the Board. Mr. Madden said his Committee understands it is a fact that there is left inside the debt limit $335,000 which includes $10,000 paid this year. The Committee would not consider going to the Emergency Finance Board and askto increase the amount inside the debt limit. It preferred to see what can be done and also 1 felt that something should be done about the Junior High School. He explained that the Committee wants to do some work on the school and voted to approve ;200,000 for that purpose. They would like to leave some bonding still left-- take some bonding for streets, some for sewers and some for school and the balance to be raised in the current.tax levy. The Committee then contemplated going through budgets and the one spot was in the Public Works Department. He said for example, there was an increase in personnel which was•intended to bring about greater efficiency of operation. He said the Committee felt it could save so much money by hot providing for it this year which would lesson the blow on the tax rate this year. The Chairman said that the Board of Selectmen has not discussed this very thoroughly yet and he did not know if the Board had given it any thought at all. He said that the Committee probably knew that Allen Street cannot be included in the same vote es the streets, It can be bonded for a maximum of five years, if it is bonded, and requires 25¢ per thousand assessed valuation as do the other group of streets and as do the sewers. That means that Allen Street must stand on its own as an item to be voted. He said, as an individual and not speaking for the Board, he thought if anything could be eliminated, Allen Street is it. He said ;34,000 was the figure on Allen Street and the 25¢ required amounts to ;x13,400 to be appropriated by transfer or tax levy. Something less than ;30,000 could be bonded. On the other group of streets, there must be transferred or raised by taxation another ;13,000 odd dollars and not as the report indicated. He said the same holds true for the sewer article. There must be ;13,000 by transfer or taxation. Mr. Madden said that the Committee will have to decrease what it has recommended bonding for the streets. The Chairman explained that, by leavingAllen Street out there is a balance of ;60,600 if which 13,600 has to be transferred or appropriated. The bonding there can be reduced to ;47,000. The Appropriation Committee retired at 11:30 P.M. 339 Financing Town Meeting votes Upon motion duly made end seconded, it was voted to sign the following sewer and water orders: Depot Square, sewer and water from Meriam Street 340 southeasterly a distance of 153' more or less; Lowell Street, sewer, from Haskell Street a distance of 1450' northerly; Crescent Hill Avenue, sewer, from Haskell Street a distance of 545' southerly; Haskell Street from Lowell Street a distance of 675' more or less easterly. The Planning -Board met with the Selectmen. A short discussion was held relative to Mr. John MacNeil's hearing before the Board of Appeals on Tuesday, March 12th. The meeting adjourned at 11:40 P.M. A true record, Attest: xec iveSelect 'en. 1 SELECTMEN'S MEETING March 18, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 18, 1957 at 7:00 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Henning W. Swenson met with the Board. The Chairman explained that Mr. Swenson was in- vited to the meeting so that he could be made aware of the Board's intention relative to Allen Street and to obtain Mr.; Swenson's reaction. He said that he understood Mr4; Reed had already discussed the subject with him. The Chairman explained that the town's financial situation is such that the Board would like to have a vote passed by Town•. Meeting this evening in proper order to make the layout and taking and as soon as Mr. Swenson, or whoever might purchase the. land from him, is ready to start any construction at all, the Board could go to Town Meeting, as soon as possible, to obtain funds for installing water and constructing the street. Mr. Swenson asked if there would be any time limit in regard to taking the land, and the Chairman replied that the Board is required to make entry but not to complete the project within two years. Mr. Reed explained that the Board is takingtwo steps and in doing it this way might be able to get the money at a later date. Mr. Swenson said it would suit him all right. Mr. Reed said that the Selectmen did nota know what the Town Meeting members would do, but as a Board, the Selectmen could assure him that they would put it in a warrant for construction. Mr. Swenson said he would give the town the land if something was started within two years. Mr. Reed said if the money was not appropriated at a Special Town Meeting, it would be appropriated at an Annual Town Meeting anyway. Mr. Swenson said that suited him all right. The Chairman asked if he thought Mr. Carroll would approve of this action, and Mr. Swenson replied 341. Allen Street 342 that he has been up to see him and he believed he would. He said he spoke to Lawrence Carroll and he thought it would be all right, but could not say anything beyond that. The Chairman asked if -there was any serious disapproval and Mr. Swenson replied in the negative and said he could not guarantee anything. The Chairman said that the Board would proceed this way. Mr. Swenson said he spoke to Mr. Gayer about a little different grade and he said he thought he could take care of it. Mr. Swenson retired.at 7:10 P.M. The Chairman read a letter from Mrs. Rich, Barnes Collector.. of Taxes with reference to article 62 in claim & the warrant for the Town Meeting this evening. She taxes reported that William Land Bertha Barnes owe real estate taxes for 1955 and 1956 and in the event settlement is voted under this article, she felt the town should be paid the overdue taxes. A copy of the letter was given to Mr. Stevens, Town Counsel. The Chairman reported that Mr. Smith, 20 School Street had been in to see him and Mr. Reed relative to sewer betterment assessment levied against lot 56, School Street. Mr. Reed reported that, according to Mr. Smith,. he has three seperate lots, but on the Assessors' records the property is shown as one lot. Mr. Smith claims that Mr. Burns- had informed him that he could get a deferment on the lot bordering on Grandview Smith Avenue. It is shown as one lot on the Assessorst sewer records, but the betterment was put on three seperate betterment lots. Mr. Stevens asked if the amount of the betterment would be affected. Mr. Maloney said Mr. Smith believes he is en- titled to an abatement on one lot; two he is willing to pay for. He claims the town did not better his lot as a sewer was there to which he could connect. Mr. Reed reported that he is connected to the School Street sewerand did not connect to Grandview Avenue when it went up there because it would have cost him too much. That sewer was installed by a private contractor. Mr. Maloney said he thought Mr. Smith should pay for the two lots on, School Street. He was asked to sign a petition for the sewer in School Street but said he did not need it. However, after some conversation with Mn. Stockdale he said he would sign the petition to help the other people. Mr. Reed said that the house in on all of the lots. Mr. Stevens explained that if Mr. Smith connected to the contractor's sewer he should have paid -a charge in lieu of betterments. He could not have gone in for free.` Mr. Reed said he was willing to make some adjustment if it can be done legally. Mr. Stevens said he could not tell whether or not this is a seperate lot. He explained that if it is one lot and the Board is of the opinion that he was charged out of proportion, it could charge what it believes to be proper. He said that usually the" longer side is used if there are two sides to consider. The Chairman asked Mn. Stevens to look into the hatter and advise the Board what can be done. He said he would like to get it clear so that the Board will know what it is talking about. Further consideration was given to Mn. Gerald Holton's offer to purchase tax title lots 534 and 535 Butler Avenue. A proposal to sell these lots was advertised in the March ]4, 1957 issue of the Lexington Minute -man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mrs. Morey, ae'conded by Mr. Tucker, it was voted to seal and convey tax title lots 534 and 535 Butler Avenue to Mr. Gerald Holton for ;800 plus sewer betterment assessment in the amount of 191.60 Upon motion of Mn. Tucker, seconded by Mrs. Morey, it was voted to renew the following Auctioneer Licenses: John A. Schoppet Win. S. Couette Robert W. Cann Frederic B. Hubley 343 Tax title Licenses 8 Dee Road' 1710 Massachusetts Avenue 48 Hancock Street 4 Stetson Street The Chairman referred to the Great Meadows and Mr. Reed reported that he had talked to the Chairman of the Finance Committee in Arlington, who presents the vote, and they are going to ask to have a committee appointed to study the subject. Great Meadows 344 Mr. Stevens` said that the Board could write a letter to the effect that inasmuch as the land is in Lexington, the Selectmen were very much interested in any disposition of the land and would like to give serious consideration acquiring it for Town of Lexington purposes. Mr. Maloney reported that last Saturday Mr. McQuillan was up at the dump at which time there was an outside concern dumping there. The dump attendant tried to stop him but he would not get out so Mr. Mr. McQuillan put him out. Mr. Gayer was requested tb submit a set of rules governing the use of the dump.' Mrs. Morey said that she thought the Town should purchase the North Street pit for some future use, whether for a wood -burning dump or other- wise. Mr. Maloney said that the North Street pit has been discussed many times. Mr. Gayer reported that he had out a backhoe in and dug a ditch from the face of the dump which will permit going straight out to Lincoln Street. Mr. Maloney asked if the town land went over the brook and Mr. Gayer replied that he guessed it must be 700 of 800 feet. Mr. Maloney asked if it would pay to use a culvert and go straight across. Mr. Gayer said he moved the 'ditch back 500 or 600 feet and entertained the thought of putting in a culvert but it is quite expensive. ' Mr. Maloney said there seemed to be a lot of land there [Ind he thought it would be good for quite a period of time. He said he could see no reason why it could not be camouflaged on Lincoln Street. Mr. Maloney said that there are outside trucks dump- ing and if they could be stopped it would help. Mr. Gayer reported that a number of them have been caught and also local men working but of town have come back to Lexington to dump. Mr. Maloney suggested advising them that their license will be suspended by the Board of Health. i'Ir. Tucker asked if there were many repeaters and Mr. Gayer replied in the negative. He said on the whole they have been good, but have to be watched. The Board discussed the article relative to the Junior High School. 1 345 Mrs. Morey said that in the discussion, the Board felt that the School Committee should have money to take care of the immediate needs and not plunge into this program. Mr. Maloney said the Committee should have some specific things to do with the money appropriated and he thought the project was being done a little too hasty. Mr. Reed asked how the work could be done with the children going to school. Mr. Tucker said he was opposed to the $310,000 and there would have to be some very good arguments to change Junior his mond. High Mr. Reed said he would not be in favor of anything School over $100,000. Mrs. Morey said that would at least permit tie new Committee,to get started. Mr. Tucker said he would be in favor of an appro- priation so the Committee would have money to clean the building and do what it essential. The Chairman was authorized to make a statement to the effect that the Selectmen are opposed to an appro- priation exceeding $100,000. The meeting adjourned at 7::50 A true record, Attest: F.M. xe citive lerkA Select 846 Morris Street Speed signs SET,RCTMEN'S MEETING March 25, 1957 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 25, 1957 at 7:00 P.M. Chair- man Jsmes, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, -Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. The Chairman read a letter -from Francis L.' Benoit, 2 Morris Street, requesting installation- of sewer, drainage, repairs to the street and ad- ditional street lights. The Chairman advised that this is an unaccepted street and he would so advise Mr. Benoit in a letter and explain what procedure he should follow. The Chairman -read a letter from Grace L. Peabody, Chairman of the Adams School P.T.A. requesting speed and school zone signs to be placed on Massachusetts Avenue at Plesant Street and on Massachusetts Avenue below Curve Street. He said that the proposed traffic light in the area should help the situation. Mr. Reed said that he thought signs had been erected and possibly Mrs. Peabody was not satisfied with the location. It was agreed to ask Mr. Gayer to have the signs placed if he has not already done so and if they are located, to check with Mrs. Peabody to determine the location she desires. Mrs. Morey said that she would like to have the Board re -appoint Mr. Stevens as Town Counsel and stated that she thought the appointment should Appoint- be made this evening. ments The Chairman said that several of the annual appointments could be made at the same time and upon motion duly made and seconded, it was unanimously voted to make the following appointments for terms expiring March 31, 1958: 1 ANNUAL APPOINTMENTS March 31, 1957 - March 31, 1958 Constable Executive Clerk, Selectmen Lockup Keeper • Supt. of Insect Pest Control Plumbing Inspector Public Works Superintendent Public Works Superintendent Assistant Town Counsel Town Engineer Veterans' Agent Sealer of Weights and Measures Wire Inspector Charles E. Moloy Hazel J. Murray John W. Rycroft Charles H. Brenton John J. Byrne, Jr. Richard J. Gayer John J. Carroll Harold E. Stevens Richard J. Gayer Maurice Healy Ralph H. Chadwick Robert K. Jeremiah Letter was received from the American Cancer Society with suggested endorsement of the Cancer Crusade in April, to be released to the local paper. The Board agreed to insert the suggested state- ment in the Lexington Minute -man. Form letter was received from the Department of Labor and Industtles together with a list of the Classifications and Minimum Wage Rates to be paid to mechanics, teamsters, chauffeurs and laborers employed in water and sewer extensions. • Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to renew the following licenses: Walter W. Custance Margaret McLaughlin Auctioneer Auctioneer Letter was received from Haakon L. Nielsen, 170 Grove Street, requesting removal of a tree which he claims will interfere with a driveway he proposes to construct. Decision on the request was held over pending receipt of a report from Mr. Gayer. 341 Cancer Crusade Labor Rates Tree removal 348 At 7:35 the School Committee met with the Board. The Chairman ekplained that he suggested that perhaps the School Committee would like to meet with the Board this evening primarily because the Selectmen, after much discussion, has come to a unanimous agree- ment on the Junior High School and the agreement is disapproval of the $310,000 appropriation. He explained there are a number of reasons for this . The first is that the Board believes the confusion which will be caused over a long period of time in doing this work can be substantially avoided. The Board believes that the job, if it can be done with no children in the building dan be done at a much lower cost and more Junior rapidly. He explained that the Selectmen therefore High propose that an appropriation be made at this time just renovations enough to protect the investment as far as the outside of the building is concerned and to provide adequate lighting. rie said that the Selectmen approve an appropriation of $75,000 under article 41 to get complete plans and specifications for the new building end proceed as fast as possible with its construction. Upon its construction, the Board would propose that all Junior High s°:tents be moved to that school and renovation of this building be started immediately even if it means two sessions for a short period of time. He said what the Board does not know is what amount of money would be required for adeouate lighting and to protect the investment on the outside of the building. Mrs. Marek said she didn't believe the School Committee agreed with the Board. She said that the Committee has spent a couple of years studying this and on the matter of confusion in the present building vs double sessions she would like to look at it this way. They are planning to proceed with the request for plans for a new Junior HiE4 School. They could not have a new Junior High//g! e 1959. In 1958 they need two buildings; room enough for 1450 children. She said even if the buildings were ready they could not have two sets of teachers and September 1959 is the earliest possible date. She asked if the Board had thought of the confusion that would be caused by two sessions, and said it would mean 7:30 A.M. to 12:00 and 1:00 to 6:00. She asked what would happen to the teenagers who were not in school. They will have a half day when the parents will need to supervize them. She said it might be.a very real problem, and could have quite an impact. She said there is one thing which has not been mentioned. In the long-range report, the ionte to 1 349 Committee asked for an elementary in 1958 and the next elementary rooms to be ready are in 1960. She said it is possible that they are going to need some elementary rooms in 1959. The Committee could keep the larger group in this building andput the other group in the other building. She said they were not planning toward that use but depending on the way the areas develop, it is a possibility. She said there is serious doubt in the minds of the Committee members that two sessions would be more desireable than having work going on while the building is being used. Either one is not going to be ideal and it will take carefull planning. She said the Committee's thinking does not go along with the Board. Mr. Maloney said that the double session would only give the children one and a half hour time, and it is merely a difference of an hour and a half. Mr. Chapman said that is not as important as splitting the school hours. He said the Board felt it would be cheaper to renovate the building without the children and asked if the Board was familiar with the plans. The Chairman replied in the negative and said it is just basic principal. Mr. Chapman asked if the Board had taken into consideration the bus transportation. The Chairman replied in the negative and said it was just an assumption but reasonable to expect that a job that could be done in six months would be much less expensive than doing it in small pieces in a year or a year and a half. Mrs. Marek explained that the Committee has been told the 'work can be done in six months anyway because the work above the ground floor, there is not much that. will have to be done before school starts. Except for the gym, the work would be limited to the ground floor. Mr. Chapman asked how many members of the Board had been through the building with plans in their hands. The Chairman said they had been through but not with plans in their hands. He asked if it was planned to take up part of the gyre floor,. Mrs. Marek said it would be necessary to find out what the trouble is. She said it appears to be a drainage problem because the floor is all right part of the year. Mr. Reed said that the floor has been that way since 1930. Mr. Smith reported that it has been repaired a couple of times, but does not last. Mrs. Morey said it was repaired, but it still goes up. 350 Mr. Chapman asked how the Board figured the bonding inside the debt limit for next year and the financial cost for years ahead. The Chairman replied that the Board has not con- sidered that and has not looked into the future. He said the fact of the matter 1s the Board believes this is a cheaper way to do it and will cause less confusion. Mr. Chapman said the Board had not been through the building with plans in hand or considered bus trans- portation.' The Chairman said that the statement was made by some member of the School Committee that this would take a year and a half. 'He said he also recalled a statement to the effect of the problem there would be in trying to lessen confusion while this was going on. Mr. 'Steele said he Mould see no serious problem. He said if it is a matter of a tax dollar then they start looking for reasons for thinking on those lines. He• said he was amazed that one committee will say it knows more about this problem than the other although that committee has studied it day and night.. 1e said one group will say they have not studied it as thorough as the other but its way must be -better. The Chairman explained that the Board is not saying. to the School Committee that it knows this is better. He said the Board is Haying, as far as it can tell, the cost will be less and the confusion will be less. He reported that the Board has an informal opinion from an architect who indicated that if the building can be cleared out and the renovation done .at that time, the cost will be substantially less even with respect to the insurance. Mr. Smith said that one point is confusion which the Board says will exist. ne said he would think this wds an administrative problem and if there is confusion it will be, in a degree, the same as if they go into double sessions in another building. He said he could not argue the matter of cost, but if building costs in- crease the way they have, the amount saved would be wiped out. The Chairman said he might be right, but one of the important things was the fact that his renovation 14ould be done with the children but in/six months period which would mean double sessions for three months. He said that a member of the Committee said before it would take at least a year. Mrs. Marek said that maybe something she said is what the Chairman was referring to, but she did -not 1 351` remember that she said it. She explained that this Summer, before any contractors takes over, part of the redecorating will be done. The contractor will not be in before August so the renovation work would go from August to the first of the year, and the job will be broken into two parts. The architect gets paid only on general contract and the work he supervises. Mr. Chapman said that the Committee took out $140,000 worth of work and the Chairman said that would have to be done later. Mr. Smith said that an addition was put on the Fiske School snd onto the High School and one is being put on the Franklin School now. He said this is a more diversified type of renovation and he hoped the Committee would be smart enough to organize its program. The Chairman said that those are additions rather than work going on within the existing walls and he thought it quite different. Mr. Smith agreed, but said that with the size of the building they could cope with confusion and hold it to a minimum. Mrs. Morey said that no one has had the idea, but maybe next year the Junior High session: could be run over in the Senior High. She explained that the. Committee would get more bids from contractors and would get a lesser bid if the contractor .does not plan his work in pieces but plans it in a whole. Mr. Chapman said that facts should be obtained and not just an informal opinion. He said more of the Selectmen should have gone through the building to know what they are talking about. Mrs. Morey said that there would be. a new Building Committee to which this will be turned over. If they approach this with the idea of having a free building it may be different than if they approach it with a full building. She said she felt obligated to protect the tax dollar and explained that the Board plans to vote for the new Junior High School as soon as the Committee brings it up. Mr. Tucker said that it has been known for years that something should be done but at the eleventh hour the Committee comes in with an enormous appropriation. He said the first notice of the open house on Saturday arrived/TfUrsday. he said there have been plans for changing the Superintendent's office to another building and many people feel that the Committee is going into this in too much of a hurry. Mrs.. Marek replied that it is not something the Committee suddenly decided needed to be done. The elementary needs were greater and the High School needs were greater, 352 or it was so determined. Mr. Clarke said that no one was going to change their minds in a few minutes. The Chairman explained that the Board thought the School Committee should know how it feels. Mrs. Marek said the Committee does appreciate that. She said the last the Committee knew the Selectmen were going to vote as individuals. The Chairman explained that this position was de-.: termined Saturday afternoon. Mr. Steel said that the Selectmen ere somewhat in the position the Appropriation Committee was when they made their first report. They were not prepared to make that report but in meetings with the School Com- mittee they re-evaluated it and came up *ith a recom- mendation in the supplementary report as the more they studied the problem, the more they agreed. he asked if the Selectmen had an opportunity to study it or is it just that someone has ideas as to how it should be done. The Chairman said that the recommendation of the Appropriation Committee is far from unanimous. Mrs. Marek said that the School Committee recognizes the Board's right to its opinion and realizes that Mrs. Morey has a school background. She said they have had many discussions and just don't see the solution of the problem.the same way. The School Committee retired at 7:50 P.M. and the meeting adjourned. A true record, Attest: Clerk, Select nen 1 1 353 SELECTMEN'S MEETING March 26, 1957 A special meeting of the Board of Selectmen was held in the Conference Room, Cary Memorial Building, on Tuesday evening, 'larch 26, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney,, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk. were also present. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign five sets of the contract between the Town of Lexington and Pittsburgh-DesMoines Steel Company for furnishing and building steel standpipe Contract and appurtenances. Mr. Stevens said the contract would not be de- livered until he obtains the necessary insurance certificates. Mr. Stevens referred to the incident Whereby a Mrs. Blake ran into a water hydrant which cost $271.91 to repair, and reported that the insurance Claim company has offered tin settle. He presented a release which release the Board signed and returned to him. Mr. Stevens reported further on the claim of Dr. Barnes. He said that on this ease, Which is a sewer easement, the damage was appraised at $1500. The Board offered $1850and Mr. Stevens told the Board before TennMeeting that he had told the attorney for Dr. Barnes that he recommended $2500. Barnes Toch he_received a call from the attorney, and claim he advised him that there are two years taxes unpaid. The attorney argued and wanted to go to $3250 or as close as he could. Mr. Stevens told him he would take it up with the Selectmen, but did not think they would be using good judgment going into Town Meeting doubling the appraiser's figures. Mr. Stevens said he was not willing,and would not recom- mend anything beyond $2500. Dr. Barnes' attorney said he would have to get more money.' Mr. Stevens said he wasessuming that the Board does not want to go over $2500. The Board was unanimous in its decision to keep the price to $2500. 354 Mr. Stevens referred to the voting machines and explained that last year the Town leased the machines and under the team it said that any time the Town could purchase the machines and be credited whatever amount was paid in rental. He said it is a one-year lease with an option to purchase, and the vote says that the Town voted to lease them on ten-year deferred plan. He said he assumed Mr. Carroll had it on a basis whereby the Town could just lease on a year to year arrangement. If they were kept for ten years and paid rent, the Town would own them. However, it is not that Voting way, and the contract on the eight machines is a pur- machines chase. He said the Town now buys the eight, machines and pays over a period of ten years. He explained that the Town is being obligated to purchase them and paying for them over a ten year period with interest at 300. Mr. Maloney said it was very clear to him that the Town was paying 30. Mr. Reed said he understood the Town would own them outright. Mr. Stevens said that the motion was to lease. and he would see what can be worked out. At 8:10 P.M. the Planning Board, Mr. Snow, Mr. Gummere and two engineers met with the Board. The Chairman reported ogt after Mr. Gummere and his assodiate was out here/Int time he promised to write IettOPTelling what the Board of Selectmen thought about the project which he presented. He explained that he did write a letter and suggested that there were questions in everyone's mind that. remained unresolved and in a telephone conversation told him some of the things about which the Board is concerned. He mentioned water, sewer and street construction. He explained that the second item -was some Peeling 'on the part of the Board that the .five-year time was a bit unattractive and so he suggested to Mr. Gunpre that another meeting be held after he had told the Chairman that his engineering people have looked into those.probl..ms. Mr. Gummere said, -with respect to the five-year waiting period, he•would have to say in all fairness that first of all if the Town had any doubts, they would not want to go --forward. He said a natural part of this is the Town would obtain the advantage of adding to its tax base, but they could not determine that for the Town. He said it would be less than 1 355 natural in looking out for their own interest if they did not suggest that other than an industrial plant, a single plant development might not be what the town wants and any commercial development is apt to take some years to put into effect. He said five years is a. short time on these things and not a long time. He said in regard to the utilities, the three items were sewer, water and streets. Mr. Homer and Mr. Agler have been taking borings on the site and have talked to Mr. Gayer and maybe Mr. Snow. They are preparing recommendations which are not final, but of which they have copies. From what they have told him, he believes that the plans the Town has under way and are discussing with the firm of WhitmanAc Howard that . there is nothing that they would require at the site, if the Town chooses to go forward, that it will not already be providing in the plans it is now considering or about to consider. He said those plans will be enough to take care of the project. He said he was speaking about water first. They understand that the town plans a sewer extension along Route 128 from the north which, as he understands it, will be in or completed by the time he was,speaking of in 1962. He said he understood the Town is planning a trunk sewer from the east along Route 2. He said he was not sure of the details britt thought it would come to the point of Route 2 an4 128. He said he could conceive from thb c.contour of the land that there is no reason why they could not, if the Town's capital expenditure program did not contemplate the second part, build the second part and amortize it over a period of whatever the Town may suggest to them. He said they would like to have utilities to the edge of the site an where they are being provided and are already being contemplated they would consider hoer most easily they could be tied up. He said they have not asked towns for commitments and towns have not asked them for commitments. He said they would live up to their obligations and they believed the Town is reliable. He said, in reference to the streets, these men have had nothing to do with them at all, The Wilbur Smith engineering firm is doing that. They say there are three steps with respect to the spot from the corner of Shade Street and Spring Street over to Route IA. He said this is not an immediate problem and can be met by signalization, by signs and by some spot widenings. 356 As alternates, there is widening and bringing westward the junction of Routesl28 and 2 bringing eastward the junction of Springs Street and Route 2. As a final step, if it is an extreme proble m they could follow the route discussed and which the Board indicated on large scale map. There is a possible road between old 128 and 2A and comes down to a point east of Richards' property which could be joined. He said these men here tonight have some plans with them and weuld goover them with the Boards. Mr. Agler said he talked to Mr. Howard about what is here now and•what is planned for the future. There is an existing water line in Spring Street and Shade Street. They were told of a proposed water line coming along Route 128. Mr. Howard told him this site would be adequately supplied, and his report to the Town will cover that in more detail. Mr.•Agler said, in regard to sewers, that Mr. Howard informed him there is a proposed sewer which will come north on Route 128 and said it might be -a 14" sewer and that the depth will be low enough to pick up the site and the site will hot be overload that size sewer. He said the line coming in from the east would come into this area. • Mr. Gunners asked if his impression was correct that the Board has this tentatively planned to go to the corner of Route 2 and 128. Mr. Gayer replied that would be the extent of the proposed sewer. Mr. Gummere said the worst could be, would be the problem of tying in ori a fairly long run. He said if this will•not be constructed for some years in the future, they could find a means of constructing it and working out some arrangement with the Town. Mr. Adams asked if the sewer from that end would take care of all of these and Mr. Gayer replied in the negative. Mr. Reed said he thought the Board would rather have it go down to Bow Street sewer. Mr. Gummere asked if it could work one way for awhile and possibly reverse. Mr. Gayer said that it is a problem of encnnomias.- Mr. Reed explained that the one from Bow Street will come faster than the Board thinks it will. The Chairman asked if the water demanl would be very great and Mr. Gummere replied that it is estimated 1-4 1 357 at 250 gallons per minute according to figuring with Mr. Gayer. Mr. Adams asked if some of it would be for air conditioning, and Mr. Gummere replied int he affirma- tive. Mr. Adams asked if they w ould use their own wells. Mr. Gummere replied that they had not contemplated it, but it is a matter of engineering that should be examined in some detail. He said the 250 gallons a day would be the minimum based on 600,000 square feet of store. • Mr. Adams asked if it was a 24 hour average and Mr. Gummere replied in the affirmative. Mr. Gayer said that by the time the Town makes the correctional changes it will have to make, he did not think this load would have any effect. He said when the system is up to the state it should be in this won't be anything, out of the ordinary. Mr. Adana said that it figures 300 something a day. Mr. Gunnere asked if the additional need for water the Town is contemplating would be within five years. • Mr. Gayer said he hoped so but had not way of knowing. Mr. Gummere said that the borings show that the upper northeast corner is about as natural a screening and insulation one could get. The borings indicate coming northwest of the nob that the ground is good to fair. Mr. Morey said that this could pbtentially be• double the size Mr. Gunners is talking about. Mr. Genmere replied in the affirmative.but said it would be a number of years. Mr. Adams asked how much further they had to go to be ready for presentation. Mr. Gummere replied that they should have more work and are waiting to do it until they know as well as the 'Board can tell them what the attitudes of the Boards are. He said he realized the Plannitg Board does not take a position until after the hearing. ' Mr. Grindle explained that the Planning Board does 'not make a decision until after the public hear.; ing. He said the Board is very anxious,. if there are any such hearings, to have them moving right away, within a few weeks if possible. He said it was en- tirely up to Mr. Gummere to decide if he wished to go 358 ahead. He said that the Plannikng Board would not go ahead if the Selectmen did not want it to. He said he would like to have a hearing in April and then a Town Meeting in May or June before people go away'. Mr. Gummere said that would be very acceptable from his point of view. Mr. Adams said there would be about two months before a Town Meeting and time is short. Mr. Gummere said that would put more pressure on Mr. Holmes and himself and asked if it would be in order to inquire about the Selectmen's feeling. The Chairman said it is possible a little too' soon but within a very short time the Board could let him know exactly what its feelings are and at the sans time let the Planning Board know. Mr. Guismere said the sooner he knew the sooner they could get started, He said they would do nothing until they heard from the Board. Mrs. Morey asked if he wou]d be willing to oboe in and answer questions at a couple of meetings end get the tenure of it and find out hot it will go. She asked if heti:would mind coming out in the open now. Mr. Gummere replied not at all but they do not want to do anything that the Board thinks they skiou]d not :do. Mr. Gummere and his two engineers left the meeting at 9:00 P.M. Mr. Snow replied that i new district would have to be created because this does not fit into the present zoning. He said that the Board would have to determine on when it proposes to hold the meeting. The Chairman said this was a justification for any change in zoning. Mr. Snow said it would have to be determined whether the Town would consider it. Mr. Maloney asked if the Board of Appeals could vary the zoning to give these people permission to cones in if the Town is in favor of having them in. The Chairman explained that there is no category that would apply. He asked why it is any 'different than Lexington Center where there is a group of stores. Mr. Bnow:,replied:thatthere are several things. Mr. Adams explained that if it is zoned for this particular projedt it could be controlled. Mr. Tucker asked `what decision these people expected this evening. 1 The Chairman explained that they would like an informal approval of the plan. He would like to have the Selectmen say they are in favor of their proceeding and in favor of re -zoning. Mr. Tucker said the Board should know what it is going to invest and what the Town is going to get out of it. Mr. Reed said that by the time the project is there, the utilities will be there regardless of whether this goes through or not. Mrs. Morey said that'other than residential this is as good as anything that could come along. Mr. Reed said if this is re -zoned the Town will realize more -taxes than it does now because it will be business property." The Chairman said his interest is the potential assessment on -the property by going along with this is a lot higher than it would ever be with houses and it Gantt involve the Town with as much service as the same number of houses. Mr. Adams said that a clear policy has never been established, and whatever way this comes out the Board will know what the people of the Town want. He said the sooner this is settled, the faster everything is going along. He said he did not think the Town would ever get a better financial proposition than this one. Mr. Reed said he would be in favor of going ahead with it and find out what the people of -,the Town want. The Chairman asked how much time was required to prepare a proper zoning article. W. Snow said they would want a few restrictions as possible and the Planning Board would have to get together with them. Mr. Stevens adtised that any approval the Selectmen gives should be,`up to now, it is all right but you want to see what the zoning change is going to be when written out. The Chairman said that the Board is willing to present it to the people and also willing to write a zoning law to cover this type of project, but further than that it can't say because it does not know what the• zoning is going to look like. Mr. Stevens advised that up to now the Board does not see anything objectionable, but a definite.zooing change should be drafted so the Board can see what will be involved because that would have to be presented to a public hearing. 359 Filene t s zoning 360 Mr. Snow said that the present group will have no, control over this once it is completed and that it would be turned over to a New York concern. Mr. Gummere and -the two engineers returned to the meeting at 9:15 P.M. The Chairman said that he was authorized to sag for the group here present that from what they have seen and heard of this plan to date, they have no objection. The Town does not have a zoning clas- sification into which this fits. However, the Board is willing to proeeed a writing of a zoning law to esoapasa, this type of project and present it at the earliest possible moment to the people. Mr. Gummere said that was encouraging to him. He asked if the Board had any idea what that might involve in time. The Chairman said that the Bod felt it would 1i1iD to have it out of the way before /5s r . Mr. Gummere said;froml:his4aint"ef:.viewwthat would be desirable. Be said' if he does his part it could be presented to the Town the way It should be done se that the Town will probably understand it. The Chairman said it would require an educational program. The group retired at 9:25 P.M. After the Clerk left the meeting, the Board voted to authorize Mr. Gayer to put through two weeks vacation pay for Michael X. Shea, recently retired because of ill health. A true record, Attest: 1 361 SELECTMEN'S MEETING April 1, 1957 A meeting of the Board of Selectmen was held in the Selectmen's Room, ToFin Office Building, on Monday evening, April 1, 1957 at 7:00 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were ' present. Mr. Gayer, Superintendent of Publie Works, and the Executive Clerk were also present. Mr. John A. Carrier, 91 Burlington Street, met with the Board. He said his house is next to Kinrieen's park on the north end and his present garage is within a foot or two of the lot line on the south. He was Carrier given permission to put it there. He said there is req. re fifteen feet on the north side of the house and there Kinneen is a little banking there between his house and Mr. park James MacDonald's house. He would. like to rough out a back yard. He explained that he plans to 'extend the garage and add on t® his living room. In order to get the garage on some level ground he would like to scoop up some land, and would like permission to go over the end of the park which • means some trucks and a shovel dozer will go over it. He stated that he would do what- ever is necessary to.put the land back the way he found it. He said his had an idea that Mr. MacDonald would lily to scoop some of his yard out. The only way he `can get it is through Mr. Carrier' yard, He said if he goes through the other side he will have to take some bireh trees down. Mr. Maloney inquired as to who lived in back and Mr. Carrier replied that he sums about two and one half aeres. He said this lot extends 210' up the hill. The Chairman said that both Mr. Carrier's house and Mr. MacDonald's house set into the banking and Mr. Carrier agreed. Mr. Maloney asked how far back'he intended to go, and Mr. Carrier replied that he plans to go back about twenty feet. He said it is flat land and he did not think he would damage it. He said he would see that the loam is graded and reseeded. Mr. Maloney said there is not doubt but that the equipment would churn it tip and suggested that Mr. Carrier keep as close as possible to his land. Mrs. Morey said that Mr. Gayer would establish where Mr. Carrier could go. Mr. Gayer asked if there were any trees involved, and Mr. Carrier replied that the only trees are on 362 private property and he has already taken them down. Mrs. Morey asked if it would interfere with the playground operation and ¥r. Carrier replied in the negative. The Board had no objection to Mr. Carrier pro- ceeding in the manner Which he indicated. Mr. Carrier retired at 7:12 P.M. and Mr, Stevens, Town Counsel, met with the Board. Mr. Stevens explained that it would be necessary for the Board to sign a petition to the General Town Court 'validating action and proceedings of the Adjourned Meeting Session of the Ahnual Town Meeting held on April 1st. Mr. Stevens reported that he had an -Order of Taking for the Board to sign and gave Mr. Gayer a plan. Mr. Gayer' explained that in order to put a drain in Arcola Street it is necessary to go over to an existing ditch in the southerly direction. He tried Order of to obtain an easement from Mr. Masstmilla but he Taking refuses to sign. Mr. Gayer said that he must have it Massamilla to complete Arcola Street. Mr. Massamilla senior was' willing to sign, but -the younger Mr. Massamilla refused. Mr. Stevens said he did not knew what the damage will be. He said he assumed the Board would be willing, when this land is lotted, to change the lotting line the same way it did on Winter Street. However, for the present a taking will have to be made. Upon motion -of 'Ors. Morey, seconded by Mr. Tucker,. it was voted Co sign an Order of Taking in the following form: COMMONWEALTH OF MASSAUnUSETTS Middlesex, 85. Town of Lexington 1 At a meeting of the Board of Selectmen of the Town of Lexington held on the first day of April, 1957, it is ORDERED: Whereas at a Town Meeting duly called,., warned and held on March 5i 1956, namely at an -adjourned session thereof duly held on March 26, 1956, in accordances wit4 the provisions of law applicable thereto. _it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted_ streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, 1 subject to the assessment of betterements or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, and to raise and appropriate for such installation and land acquisition the sum of $50,000.00", and WHEREAS the Selectmen have determined that it is necessary for the public convenience to construct drains for the purpose of surface and ground water drainage in the parcel of land hereinafter described. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 263 of the Acts of 1926 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way en- abling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to construct, inspect, repair, renew, replace, operate and forever maintain a -covered surface water and ground water drain or drains with any manholes, headwalls, pipes, conduits amd other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes,, in, through and under a strip of land situated southwesterly of Arcola Street in said Lexington and bounded and described as follows: Beginning at a point,111 the westerly sideline of Arcola Street, said point being/therly end of said sideline; thence running South 810 7' 20 East distant 20.52 feet along the southerly terminus of said Arcola Street to a point; thence turning and running South 210 45' 0" West distant 112.29 feet to a point; thence turning and running North 680 151 0" West distant 107.71 feet to the point of beginning; all as shown on plan entitled "Plan of Drain Easement Lexington, Mass.", dated October 1956, Whitman & Howard, Engineers, to be re- corded herewith. Said rights and easements in the above-described parcel of land are taken without interference with or prejudice to the rights err, pective owners, except so far as is reasonably/ iiT ie e ercise of the rights and easements hereby taken, and there is reserved to the respective owners and their heirs, successors and assigns, all their respective rights in and to the use of their land lying within said above-described parcel for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performaany work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made. 364 Any trees upon the land included within the above -des•-'. cribed parcel pf land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to Carmine Massamilla'and Veneranda Massamilla,_but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by the:owner or owners un- known to us. No betterments are to be assessed for this improvement. And said Board, havi*g:considered the question of damagee, hereby determine that no damages have been sustained and none are awarded. . WITNESS our hands at Lexington aforesaid this first day of April, 1957. • TOWN OF, LEXINGTON By Raymond W. James Ruth Morey Ralph H. Tucker Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. APRIL 1, 1957 Then personally appeared the above-named Raymond W. James, Ruth Morey.:and Ralph H. Tucker, known to ine to be a majority of the duly elected, qualified and acting Selectmen of theTbrir of Lexington and acknowledge the foregoing instrument to be their free act and dead, before me, Hazel J. Murray Notary Public My commission expires: November 29, 1957 1 365 Petition -was received signed by M»s. John Levis, and other residents of Hayes Lane, requesting acceptance Street of the street from Vine Street to, and including, #22 Hayes Lane. Notice was received from the Woburn Draft Board advising that Robert Higginsy engineering department, Engineer has been classified as 14A. Mr. Gayer explained that Mr. Higgins is trying to get into a specilized field of engineering and if he is successful will be in for a period of about six months. Mr. Haakon Nielsen's request to have a tree re- moved from°in front of his property at 170 Grove Street was held over. Mr. Gayer reported that the tree is on private property.„-lHe explained that the County Commissioners laid the street out in 1946 and the blacktop is not Tree within that layout at this 1o:ation. He said. the tree removes is.,dead and recommended taking it down. Upon motion of Mrs. Morey, seconded by Mr. M loney, it was voted to authorize Mr. Gayer to have the tgee removed. At 7:30 P.M. hearing was declared open upon petition cS` the Boston Edison Company and the New England Telephone and Telegraph Company for per- • mission to locate a ggy wire and anchor on Calvin Street, from•a pole located approximately 110 feet south- west of Justin Street. Mr. Mayon, representing the Boston Edison Company, was the only person present at the hearing. Mr. Mayon explained that this is the last pole in on Justin Street and said that there are four services, both Telephone and Edison, and the pull is pretty much back in a southerly direction. He said the pole is pulling over and the company would like to ho]d it. Mr. Gayer asked if it would be possible to put a pole down on Justin Street ahi Mr. Mayon replied that he did have that in mind. He said Justin Street is a private way and he thought it could be done. Mr. Gayer said if it is possible he thought it would be much better. Mr. Mayon said that the company would first have to determine ownership of the land on the private way and then obtain permission. He said in view of Mr. G yer'a suggestion he would life the Board to place the petition on file until such time as he can determine whether or not the desired permission can be obtained from the property owners. Guy wire and anchor 366 Upon motion of Mr. Reed, seconded by Ni'. Maloney, it was voted to .place the petition of file. The Chairman read a letter from Mr. Gayer with reference to lights at the Harrington School., He Harrington reported that Mr. Wentworth of the Boston Edison" School Company advised him today that construction has been lights held up because of pole permits. Mr. Mayon presented the. Board with an instrument to be signed whereby the Town gives the Boston Edison Company permission to install five street lam posts, necessary wires and cables, underground at the Harrington School as indicated on plan p-17 dated January 29, 1957 and also permission to install one street lamp post as indicated on plan P-16 dated January 29, 1957' Mr. Mayon reviewed the street lighting discussion held some time ago and questioned the number of lumen lighting to be used. The Chairman e xplained that the Board voted 2500 lumen lamps for the school, Mr. Mayon said that if the Board now desires a 2500 lumen lamp and later on desires a 4,000 lumen lamp, it will mean a change in the fixture. The Chairman asked if fixtures • could be put ,in for 4,000 lumen but have 2500 lumen inserted and Mr. Mayon replied in the affirmative. The Chairman explained that was the intent of the School Board. lights Mrs. Morey said that she thought the lights at the High School should be changed to 2500 lumen. The Chairman said/Board would look the grants over and report its decision. Mr. Mayon retired at 7:10 P.M. Mrs. Morey reported that she and the Chairman were talking Saturday morning about this school article and she had something to say as a former School Committee member. She said she would state why she thinks the plan for $310,000 is not good. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to approve Surety Bond No. F-150988, in the amount of $2,000 on behalf of William George Bond Dooley as Constable in the Town of Lexington for period of one year. Upon motion of Mr. Tuelcait, seconded by Mr. Maloney, it was voted to grant Auctioneer's License to Bertram P. License Gustin, 50 Bloomfield Street, Lexington. The meeting adjourned at 7:55 P.M. A true record, Attest: axe �tiv C1eik, Sel etmen 1 SELECTMEN'S MEETING April 3, 1957 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday evening, April 3, 1957 at 7:00 P.M. Chairman James; Messrs. Reed, Maloney and Mrs. Morey were present. The Executive Clerk was also present. • Notice was received from the Alcoholic Bev- erage Control Commission re hours that Package Goods Stores -may open on Friday, April 19th, a legal holiday in Massachusetts. Package stores may sell and deliver alcoholic beverages between the hours of 1:00 P.M. and 11:00 P.M. However, it was unanimously agreed to request that the stores remain closed until 3:00 P.M. in keeping with the character of the day which is also Good Friday. Mr. Gayer -met with the Board at 7:20 P.M. He explained that the item on the adgenda relative to overtime pay for janitors on duty at Cary Memorial Building came up just before five o'clock and he did not have an opportunity to discuss it with the individuals involved. He asked to have the subject held over until the next meeting of the Board and it was so agreed. Mr. Gayerleft the meeting at 7:35 P.M: Stevens, Town Counsel, met with the Board. Upon motion duly made and seconded, it was voted to make the following annual appointments: and Mr. ANNUAL APPOINTMENTS March 31, 1957 - March 31, 1958 Building Ipe pector Board of Appeals Board of Appeals (Assoc. Mem.) Donald A. Irwin- Donald rwin- Donald E. Nickerson (five-year term) J. Henry Duffy George W. Emery Jamas A.•Harding,Jr. (one-year terms) 367 Package Stores Apr. 19th Annual appoint- ments 368 Board of Public Welfare Dental Clinie Dog Officers Fence Viewers Field Drivers Gammell Legacy Income Trustees (Acting with Dep,t..ot Public Welfare) Measurer of Wood and Bark Old Age Assistance Bureau Registrar.. of Voters Weighers Posture Clinic Harold F. Lombard John A. Sellars Howard H. Dawes Robert K. Taylor Mrs. Vincent Burke Mrs. John F. Rich John Blackhall Smith James F. Mowat Eugene M. LaRose Rev.'Harold T. Handley John J. Garrity John W. Rycorft Benjamin W. Day Harold F. Lombard Mrs. Robert C. Merriam ti Harold I. Wellington Harold F. Lombard John A. Sellars Howard H. Dawes Robert K. Taylor Malcolm H. Clifford (three-year term) Harold I. Wellington Edward F. Skinner Mrs. John J. Manning Mrs. James Flynn Mrs. Howard F. Hamacher Mrs. Warren Coward Mrs. William L. Hench. Mrs. Davide B. Delopry Mrs. Petdwr M. Rinaldo Mrs. August Schumacher Mrs. Henry B. Foster Mrs. James H. Aker Mrs. James V. Walsh The Chairman mentioned the appointment of the Standing School Building Committee and names suggested were Messrs..Fisher, Tropeano, Hathaway and Lanquist.,_ The Meeting adjourned at 7:50 P.M. A true record, Attest: / / 47,1 r ec ive Clerk4Selec 1 SELECTMEN ' S MEETING April 8, 1957 A special Meeting was held in the Selectmen's Room, Town Office Building, on Monday, April 8, 1957 at 5:00 P.M. for the purpose of opening bids for sewer -and water work, Contraet No. 1) Chairman James, Mr. Gayer, Mr. Howard and the Executive Clerk were present. Bids were opened by the Chairman and read by Mr, Howard as follows: Amount of Proposal with Bidder Cert. Check Proposal Alternate T. D. Sullivan & Sons •$2500 *57,855.00 *59,505.00 Richard White Sons, Inc. 2500 49,865.00 46,565.00 Dan C. Merino 2500 54,901.00 52,793.00 Pitt Construction Co. 2500 45,966.25 44,976.25 Susi & DiSantis Company 2500 43,575.00 44,400.00 A. Baruffaldi Company 2500 68,950.00 68,125.00 C._s-DiMartino & Sons, Inc250O 45,885.00 45,885.00 H. DiTullio & Sons, Inc. 2500 56,735.00 55,085.00 George Brox, Inc. 2500 62,412.50 64,062.50 Z & S Construction Co. 2500(Tr.) 44,350.00 44,350.00 A & B Construction Co. 2500 61,365.00 64,500.00 Benedetto Bros. Inc. 2500(Tr.) 61,215.00 61,2$.00 A. D'Alessandro & Sons 2500 65,085.00 65,085.00 Crognale Construction Co. 2500 61,425.00 61;425.00 The Chairman said that the Bpard would take the bids under advisement and inform the bidders of its decision. All plans and bids were taken by Mr. Howard and he advised that the checks be returned big mai$. The meeting adjourned at 5:35 P.M. A true record, Attest: Clerk, Select 369 370 SELECTMEN'S MEETING April 8, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building. on Monday evening, April 8, 1957 at 7:3O P.N. Chair- man James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the' Executive Clerk were also present. Letter was received from Parker, Coulter, Daley & White, together with a set of interrogatories, relative to the case of Estelle M. Legg vs. Town of Lexington. A copy of the letter and/iNTerroga- tories were mailed to Town Counsel. Claim Mr. Stevens explained this is in regard to the accident in which Mr. Eugene Moloy was involved and said that the communication should have been sent, to him and not the Board. Upon motion of Mr. Tucker, seconded by Mrs, Option Morey, it was voted to exercise the option, prepared by Town Counsel,, to purchase certain land in Lex- ington owned by Frida Semler Seabury. Mr, Stevens' submitted a letter, addressed to the Board, from Mrs. A. M. Commons,402 O2 Bedford Street, advising that she had been down to the Public Works Commons' Department to inquire about the settlement by the Town Claim In regard to the sewer through her property. She explained that she will have to connect to the sewer this year and does not want to do so with: the question of a settlement pending. Mr. Stevens' explained this is the property between Dr. Barnes' place and Buttrick's through which the Town put a trunk line sewer, Mrs. Common did not bring suit within the required time. He said there is no 'reason why she can't connect to the sewer. 'Mr. Stevens` explained that the Board has decided not to take any action on this case until Dr. Barnes case is settled. ' He suggested that the Board acknowledge the letter and advise her that it would be taken up with him. Mr. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Alfred H. Tutin, 9 Revere Street, Douglas F, Moore, 38 Parker Street and Robert 371 Lyon, 50 Middle Street. Mr. Carroll retired. Hearing was declared open upon the application of Alfred G. Jones for permission to maintain an under- ground tank for the storage of 1500 gallons of gasoline on the premises at 27a Concord Avenue. Notice of the hearing was inserted in the March 28, 1957 issue of the Lexington Minute -man. Mr. Ernest E. Gray, representing the petitioner, and four other individuals -were present. Mr. Gray explained the gasoline would be used for trucks and farm tractors. He said they do custom Gasoline farm work and haul farm supplies for the Waltham Farm hearing Bureau in Waltham. The Chairman asked if anyone present wished to speak in favor of granting the application. Mr. George E. Mahoney, 279 Concord Avenue said that he lives across the street and it would be all right with him if Mr. Jones was given permission to maintain the tanks. Miss. Winifred L. Holman, 275 Concord Avenue, asked how many trucks were to be kept on the premises and for what purpose. Mr. Gray replied that they have three trucks and part of the time there will be only two. He said during the winter there would be only one small •truck, if it worked at all. The larger trucks will be there four or five months duriAg the farm season. The Chairman asked if Mr. Jones transported material raised on the premises, and Mr. Gray re- plied in the negative. He said they transport fertilizer, lime and farm supplies throughout the State. Mrs. Morey asked if Mr. Jones owned the trucks, and Mr. Gray replied in the affirmative. He said he also has three tractors that are in this work. Mrs. Morey asked under what name thebusiness was conducted and Mr. Gray replied it is under the name of A. G. Jones. He said they purchased the property about three months ago. He said when he applied for the license he was told that he could get a 1500 gallon tank, but since then that size is not being made,. and the gallonage on the application has been changed to 2,000. The Chairman explained that the advertisement was for 1500 gallons as indicated on the original ap- plication when it was filed. He asked if this would 372 require another hearing.and Mr. Stevens replied in the affirmative. Mr. Jones asked if it would be all right if ,they put in only 1500 gallons and Mr. Stevens replied that there would be no objection to that. Mr. Tucker said he understood egipment was stored on the premises and asked if it would be used there. Mr. Gray replied that it is not used now but,he hoped to do some farming there. Mrs. Morey asked how many acres were involved and Mr. Gray replied about twenty. Mr. Tucker asked if this was a transportation business, and Mr. Gray replied that they. truck for the Farm Bureau in Waltham. Mr. Peter Ronchetti, 193 Avenue, said there is a business being operate d�V ri just being moved to transport other material and use this place as a central location, which is not a farm. He said that he is in the contracting business and had two trucks. He uses one to and from wort and said if this individual can have a pump for his three trucks he thought he could have one for his two trucks and car. He .said this is purely a business and that is his objection. He said a business is merely being transferred from one place to another location. He said if it was a farm operation he would be entitled to a pump, but nothing .is being grown on the premises. He said there is a permit for 1500 gallons and he could have 2,000. Mr. Reed explained that no permit has been issued, if there is, it would be for 1500 gallons and has to be renewed each year. Miss Holman asked if the area was zoned for*residential or if it was for farming. The Chairman replied that was something the Board would have to look into. The Chairman asked if anyone else wished to speak and if not he would declare the hearing closed. The group retired at 7:50 P.M. Mr. Stevens said he thought the Board should refer the matter to the Building Inspector for an investigation and report. He explained that the Board could delay. action until such report is received. He said it appears to him that the Inspector will have to report that they are in violation of the zoning and the Board will hive to deny the permit. 1 373 Mr. Tucker brought up the subject of zoning violations and asked what had ever been done, if any- thing. He asked if the Board was going to take an attitude of alissez faire or not. Mr. Maloney said that any violation about which a complaint is received should be acted on and followed through. Mr. Reed said that in most instances the Board had done that. Mr. Stevens explained it is not a function of the Board. When the Board receives a complaint it is referred to the Building Inspector for a report. Mr. Maloney said that there are violations in areas that are brand new and Mr. Tucker might be .referring to new ones. Mr. Tucker referred to Mr. Douglas who came in re his hearses and had to have a license. Other people are operating businesses from their homes which is a violation and asked if the Board was doing the right thing. Mr. Stevens explained that the Boards, here, and in other towns,•feel that if the use being made is not objectionable to the neighborhood it can't be very serious. Mrs. Morey pointed out that in some eases it -is a hardship for a neighbor to complain about a violation when the violation could be called to the individual's attention with no complainant entering into it, Mr, Stevens said it is, not always required for an individual to be put on record. Mr. Tucker said it seems strange to him that there are laws, violations and no enforcement. Mr. Stevens said the Board has enforcement. -It is issuing Sunday Sales licenses all the time. He referred to the Shoppers' Haven case and said the alternative of going out and getting after everyone in violation is going to start something. Mrs. Morey reported that the Board of Appeals denies petitions and the people go ahead and do what they want regardless. Mr. Stevens said that, in general, he did not think so. He said that dome time the Board of Assessors in- crease the assessment on property in a residential area being used for business. • Mr. Tucker said he realized the subject will not be settled this evening. 374 Mr. Axel Sorensen, 117 Bedford Street, met with the Board relative to a sewer betterment assessment in the amount of $856.00. Mr. Sorenson said that the lot assessed cannot be divided. Mr. Gayer gave the Chairman a sketch of the pro- perty involved. The Chairman explained that sewer betterments are placed on land on the basis of the area of the lot,.100 feet deep.by the frontage. Mr. Sorensen said that his house sets back 110 feet and he will never connect to the sewer. Mr. Sorensen asked if he would, have to pay the cost from the house to the street if he ever did conneet and the Chairman. replied that it would be his expense. Mr. Sorensen said that the Zoning laws would hot permit him to divide the lot. Mrs. Morey asked if he sold off the front land and he replied in the affirmative. He said he thought it Sorensen was impossible for him to divide the land. sewer The Chairman a xplained that the sewer assessment assessment formula used is according to Statute. Mr. Stevens said that the house is on the lot and' it is improved land. Mr. Sorensen said that he understands the Town must be reimbursed for putting in the sewer but his neighbors have much smaller assessments; The Chairman inquired about the width of the house, and Mr. Sorensen said it is probably twenty-five or twenty- eight feet. Mr. Reed explained that the Board is governed by Statute and it is unfortunate, but people with smaller., lots are assessed a smaller amount He said if there was no house on the lot assessed it could be deferred. However, the only thing to be done in this instance isto apportion the payment over a period oftwentyyears. Mr. Sorensen asked if it would make any difference if he connected or not and Mr. Reed replied in the nega- tive•. He explained that the sewer improves the value of the land. Mr. Sorensen said it did not improve his property because he cannot divide the lot,_ and Mr. Reed explained that the land is of greater value because of the sewer. Mrs. Morey asked if he ever considered going to the Board of Appeals and asking permission to divide the pro- perty into two lots. Mr. Sorensen replied in the negative. 1 37 Mr. Reed said that possibly the Board of Appeals would approve where there are sixty -foot lots on the other side of the street. Mr. Sorensen said that he is not ready to sell the lot or build on it. The Chairman explained that once the plan is filed and approved by the Board of Appeals he would not have to do anything further to obtain deferment. Mr. Sorensen retired.at 8:25 P.M. Mr. Stevens said that if the Board feels the property would not bring in $800 more because of the se Wer, it could not assess beyond the value of the land. He explained it does not mean benefit as compared to some other land. Mr. Stevens retired at 8:30 P.M. The Chairman read a petition requesting acceptance of Winter Street extending from Grove Street to Hillcrest Street. It was agreed that no action could be taken this Winter year and the matter was referred to Mr. Gayer to be in- Street eluded in. the list of projects for 1958. The Chairman read a letter from the Board of Health advising of conditions existing on Marrett Road with reference to sewage problems. The Chairman explained this particular area was the section discussed in connection with the Franklin Marrett School,and was not followed through because the cost Road was exorbitant. sewer Mr. Reed said this was an aftermath of talking with Mr. John Manning. He asked what assurance they would have that the sewer would be extended to this area. Mr. Reed told him that the Board was not aware of any health menance and suggested that he contact the Board of Health. He said if the sewer bids opened today are low.enough, it might be possible to extend the sewer to include this area. Letter from Dr. William 0. Way, requesting a side- walk in front of his property at 36 Percy Road was re- ceived before Town.Meeting and held over. The Chairman was authorized to advise Dr. Way that the item will be included in the list of projects to be done this Spring.. Sidewalk 37 6 Mrs. Morey referred to the sidewalk on Massachusetts Avenue towards Route 128 and asked if the people would be willing to give an easement of two or three feet in Sidewalks order to save the trees. She said she was referring to the area between Cedar Street and Paul Revere Road. Mr. Gayer thought there might be some trouble. Mrs. Morey said she felt that the property owners should be given an opportunity to co-operate. The Chairman read a'letter from the County Commis- sioners referring to recent conference with the Boundary Construction Division of the Corps of Engineers at monuments Hanscom Air Force Base on replacement of Concord - Lincoln -Bedford -Lexington town boundary monuments. Mr. Gayer reported that Lexington ie involved only to a very little extent. He said he attended the meeting and it was decided to approach the County Commissioners to see if they would reset the boundaries. He said some of the boundary monuments are sticking up and may be knocked.down. Mr. Gayer agreed to take care of the matter. Petition was received from Ferdinand T. Smith, Methodist and other residents of School Street, protesting Church against an exit from the Methodist Church parking parking lot onto School Street. lot Mr. Gayer reported that the church uses Crosby Road and is building a new exit onto School Street. It was the opinion of the Board that the Town has no jurisdiction in the matter. Notice was received from the Woburn Draft Board Draftees advising that eleven Lexington boys had entered the armed services in the month of March. Letter was received from Howard Whitmore, Jr., Meeting Mayor of Newton inviting the Chairman ba a meeting in Newton at Newton City Hall on April 24th for the purposeuof discussing problems of the metropolitan area. Inasmuch as the Chairman will be out of town, Mr. Reed agreed to represent the Board. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to approve bond No..F-]4173 Bond executed on behalf of James F. Mowat as Constable in the Town of Lexington for a term of one year, in the amount of $2,000. 1 377 In February the Board received a letter from Mr. John MacNeil relative to premiums on bonds required for Town officials. At the time he was advised that the Board would study the subject as soon as possible after adjournment of the Annual Town Meeting. Mr. Reed reported that he had discussed the subject with the Treasurer and Tax Collector and according to them the bonds Mr. MacNeil can place would be companies of questionable reputation and Officials' there is a question whether or not they would be ap- bonds proved by the Division of Accounts. It was agreed to advise Mr. MacNeil that insofar as 1957 is concerned there is nothing that the Board can do now and also to ask him for a lit of the' companies where he would place such bonds. Mr. James said that he would discuss the subject further with the Treasurer and Tax Collector. ' The Board approved payment of *1.00 per hour for checkers on duty at the Annual Town Meeting and Adjourned Meetings. Checkers Applieation was received from Mrs. Thomas Chalmers, 33 Moon Hill Road, on behalf of the Mount Auburn Hospital Building Fund, reques i g permission to use Cart Hall Cary Hall on May 1st from 8:00/ �'it'il 10:00 P.M. Chairs will rental be needed for fifty people and five six-foot tables will also be required. The Chairman was authorized to advise Mrs. Chalmers that the Board has no objection to the group using the hall, but the chairs and tables required are not available and she would have to make the necessary arrangements to obtain them. The use of the hall was granted free of charge, subject to a fee of $2.00 per hour for custodian1s overtime services with a minimum of $5.00. Upon motion of Mr. Maloney, seconded by Mr. Licenses Tucker, it was voted to renew the following licenses: Hancock Market Sunday Sales (Renewal) Five Forks Spa Durand's Chocolate Shop " n n Corner Variety Shop Pine Meadow Country Club Common Victualler Salavation Army Junk Collector Mr. Gayer reported that he has eighty first-aid First-aid kits and asked what disposition the Board wanted to kits make of them. They are+ now being stored at the Public 378 Letter re salary increases Works building. The Chairman said he would contact Mr. Purington. at whose suggestions, the kits were obtained. Mr. Gayer asked if it was the Board's intention to make permanent the recent changes in parking in front of the Hunt Block. Mrd. Morey asked if the Board was going to also change Muzzey and Clarke Street traffic. She mentioned the building going on at the library and the Medical Center and said the together with the regular traffic is not good. She said she thought the traffic should be eliminated on the street or made one way. Mr. Gayer said he would like to have the Traffic Committee meet with the Board some evening when that is discussed. ' Mrs. Morey said thatMr. Gayer at one time said the traffic'wae to come out Muzzey Street and down Clarke Street. She has found it is much easier to cone out Clarke Street at any time of day than to come out Muzzey Street. Mr. G yer said he would like the Committee to discuss this *ith the Board and it wae'.agreed to make an appointment Pori next Monday night. Mrs. Morey suggested hying it one way and then trying it another to see which dray works best. The Chairman's draft of a letter to town employees re wage increase, a copy of which had been mailed to the Board was disoussed. Mr. Maloney inquired as to the purpose of the letter, and the Chairman explained that he had received several calls in regard to salary increases and that's why he started it. .Mt. Reed said that he thought the Department heads should explain the increases and Mr. Maloney said he did not think the Board should become involved. The Chairman asked if the Board wanted to send any letter at all and Mr. Maloney replied in the negative. Mr. Reed said he could not see what purpose it would serve. The Chairman asked if he was in favor of sending a letter to the Department heads and Mr. Reed replied in the affirmative. Mrs. Morey said that if an entire force, the Police Force, was put under step five, it be called a salary schedule because it is not She said the Board id working out a basis for does not have the salary schedule. such as` shouldnot a schedule. wages but 1 The Chairman said that if the Board did not want to send a letter it was all right. He just wanted to know. Mr. Tucker said that he was not convinced that a letter should not be sent. Mr. Reed left the meeting at 9;30 P.M. Mr. Tucker presented a letter he had drafted which the Chairman read to the Board Mr. Tucker said the Board should convey to the employees the fact that salary and wage changes will be on the basis of performance and not be limited to an overall increase, or cost of living increases. He said he was not sold on the idea that the Board should not send a letter out. It was suggested that possibly the letter written by Mr. Tucker, incorporated with some of the statements in the Chairman's letter could be sent to the Department heads to be used at their descretion. The Chairman brought up the list'ef ambulance bills submitted some time ago by the Collector for abatement and said that no definite fiction had been taken by the Board. Mr. Maloney said this comes up each year and sug- gested abating all the bills on the list which would 'end the discussion and sending a letter to the Collector to the effect that after ninety days the unpaid bills should be given to someone for collection. It was unanimously agreed to abate all the out- standing ambulance bills, as submitted by the Collector on November 26, 1956, from the year, 1956, back in the amount of *610.50. 379 Ambulance bills abated Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to appoint the following Special Police in the Town of Lexington_for terms expiring March 31, 1958, the list having first been submitted to and approved by Chief Rycroft. SPECIAL Acheson, Eugene A. Allen, Charles D. Allison, Howard D. Anderson, Carl Barrett, Elliott J. Beauchesne, Joseph Bickford, Walter E. POLICE COMMISSIONS 2634 Massachusetts Avenue 4 Paul Revere Road 15 Utica Street 41 LedgeIawn Avenue 15 Donald Street 36 Adams Street 82 Waltham Street Special Polies 380 Brunn, Ewart M. Butler, Lawrence M. Cabral, Joseph E. Carroll, James J. Clifford, Malcolm H. Colbert, Edward P. Curran, Michael D. Davis, Daniel E. Dearborn, Horace N. Dearborn, Murray G. Dermodd, Roderich Dooley, Henry W. Dow, Kenneth W. Dressily, Andrew Eriksson, E. Alden Fifield, Donald M. • Finney, Charles, A. Flack, Clifford F. Foster, George E. Gagne, Maurice A. Galvin, Roswell P. Greening, Oaywood Gazan, Samuel E. Howie, Colin A. James, Henry T.. • Jenson, Edmund M. Johnson, Joseph S: Jones, Cecil Josephson, Harold W. Kakas, Edward G. Kleinberg, Edward F. Krevis, Edward Lamont, John Lannquist, Arthur Lewis, Raymond E. Linfield, Arthur R. Licciardi, Frank C. MacDonald, Charles MacKechnie, H. K. Marcus, Rymen Martin, Clifford M. MacLean, Ralph D. Melquist, John Merz, William. F. 40 Downing Road 24 Woodland Road 47 North Street 17 Muzze$ Street 5L. Chase Avenue 794 Massachusetts Avenue 24 Baker Avenue 8 Plainfield Street 16 Stratham Road 16 Btratheua Road 1722 Massachusetts Avenue - 77 Baker Avenue 5 Bedford Street 12 Patriots Drive 41 Preston Road 25 Adams Street 36 Albermarle Avenue 41 Outlook Drive 10 Plainfield Street 18 Middle Street • 21 Crescent Hill Avenue 688 Marrett Road 112 Bertwell Road 11+ Scotland Road 28 Vaille Avenue 1.6 Fern Street 51 Spring Street 36 Woburn Street 33 Liberty Avenue 14i. Locust Avenue 41 Moreland Avenue 26 Preston Road 11 Spencer Street 153 Shade Street. 11 Hancock Street 58 Oak Street 26 School Street 24 Bernard Street 12 Winthrop Road • 219 Massachusetts Avenue 6 Hillside Terrace 9 Spring Street 86 Gleason Road 252 Marrett Road 1 Moloy, Charles E. Moretti, Joseph A. Murphy, L. Francis Myatt, Robert Nickerson, Benjamin O'Connor, Daniel P. Parker, Edwin F. Palermo, Victor Pierpont, Wilfred, D Jr. Polley, John D. Prescott, Robert Redmond, James Reilly, John F. Richards, Randall W. Richardson, Earl W. Ritter, Julius C. Rogerson, William G. Rosendorn, Louis Ruocco, Louis Ryan, William J. Samuels, Frank T., Jr. Saunders, Robert W. Schofield, Clessan G. Sellars, John A. Seymour, Cyril V. Shaw, James C. Slader, Frederick Smith, Edward C. Smith, Walter C., Jr. Sorenson, Axel Turner, Gerald C. Walsh, James V. Webb, Edmund A. Webb, Melville W. Wilson, Davis S., Jr. Wright, Glenn Young, Stanley R. Zittell, George S. Zitso, Peter 23 Webb Street 8 Rindge Avenue 5 Bennett Avenue 9 Sunnyknoll Avenue 81 Gleason Road 4.9 Cedar Street 9 Forest Street 20 Avon Street 4 Taft Avenue 189 Wood Street 6 Forest Street, 7 Dunham Street 43 Downing Road 67 Farmcrest Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 50 Fottler Avenue 28 Theresa Avenue 21 Grant Place 31 Grassland Street 295 Marrett Road 7 Pleasant Street 430 Concord Avenue 6 Paul Revere Road 11 Hamblen Street 23 North Hancock Street 55 Taft Avenue 17 Coolidge Avenue 117 Bedford Street* 9 Hillside Terrace 152BedfordStreet' 43 Hayes Avenue 266 Lincoln Street 11 Hamblen Street 67 Simonds Road 86 Winter Street 306 Lowell Street 65 Williams Road 381 382 3PE CIAL POLICE - SCHOOL JANITORS Expiring March 31, 1958 Clarence MacPhee George Doughty, Jr. Thomas F. Ryan Louis A. Bonney Horace W. Bonney Anthony J. Janusas Thomas Sullivan David Kidd William P. Casey Generino Santosuosso Edward T. McDonnell SPECIAL POLICE Charles W. Varney William J. DiCicco School Department M tt tt tt OFFICERS - TERMS EXPIRING March 31,1958 Mid. County Sanatorium- M.I.T. LINCOLN LABORATORIES George E; Richardson 272 Channing Road Be lmont, = 1ias s, Joseph E, Ewers 12 Old Coach Road Weston, Mass. Edward k. Richardson 314. Lexington Street Wilmington, Mass. William L. Spiers, Jr. 185 Lowell Street Lexington, Mass. Edward T. Gallagher 8 Spring Lane Maynard, Mass. Howard D. Ryder 2 Wilson Road Lexington, Mass. .LEXINGTON Bertram M. Adams, Jr. 127 Wyoming Avenue Malden, Mass. Wentworth. J. Marling. 101 Dodge Street Beverly, Mass. August 8. Cidado 39 Tufts Street Arlington, Mass. Henry Crowninshield 7 Paul Avenue Woburn, Mass. Christian Larsen 26 Wachusett Drive Lexington, Mass. Augustine D. Murphy 91 Ferry Street Lawrence, Maes. 1 Alan G. Adams Roy A. Cook Anthony Rochette Charles Brenton Ralph I. Dale Haskell W. Reed (Mrs.) Ruth Morey Ralph H. Tucker Raymond W. James William E. Maloney Richard J. Gayer Francis J. Smith James'Stuart Smith William L. Harrington JOhn W. Alexander Henry Brown, Jr. Adams Press Deputy Lief Fire Department Janitor, Town Office Park Department 1E4.0 Massachusetts Avenue Selectmen Selectmen Selectmen Selectmen Selectmen Sup't. Public Works Keeper, Hobbs, Brooks Reservoir Lincoln 4 Percy Road Metropolitan State Hospital n . n It 383 The Chairman read a letter from Anthony Graziano, 20 Thesda Street, Arlington, offering $900 for nine Tax title tax title lots located on Philemon Street. offer The Board felt it would be in the best interest of the Town not to dispose of this property and the offer was rejected. Mrer recalled that about a year ago the Board/ thh Police Department as a result of formulating a vacation policy. He suggested that the department, and other departments, be Vacations informed of the policy. He said it should be pointed out to the fblice Department that vacations should be governed by seniority. The Chairman agreed to contact Chief Rycroft on the subject. Mr. Maloney mentioned drainage at Buckley's on Woburn Street and Mr. Gayer said he would look into it. The Chairman reported that about three or • four weeks ago, either on A Thursday or Friday when the children wetx+e not in school, they descended onto the theater in such number that a riot nearly resulted. On Saturday there was also a crowd and there were only two ushers, one an elderly man_ and -one a juvenile. The Chief had two officers on duty who did the ushering, and (Alen the theater filled they closed the doors. Mr. Maloney suggested that Mr. Feeley, the proprietor be called ih and the matter discussed with Drainage Theater 384 him. He said he should be willing to pay for a police officer. Mrs. Morey a tplained that more tickets were sold than there were seats available,' It was agreed that the Chairmanshould contact Mr. Feeley and discuss the subject with him. Mr. Gayer asked what the Board intended to do about parking in front of the Hunt Block and it was decided to prohibit parking on a permanent basis in front of the Hunt and Baker Blocks between the Parking hours of 4:00 P.M. and 6:30 P.M. Limiting parking in front of the Central Block on a temporary basis, between the hours'of 4:00 P.M. and 6:90 P.M. was also di8+cussed. However, Mrs. Morey said that before parking is prohibited at this location, the Town should provide more parkirg.area in the rear of the stores. It was agreed to defer action relative to limited parking at this location for the time being. Mr. Gayer said that Fred Sgrosso, a town employee hired April 30, 1956, was called for military service and his last day of employment was April 5, 1957. He said that Mr. Sgrosso has had no vacation and he pre- sumed henwould not be entitled to one and asked the Vacation Board if that was correct. Following a short discussion, it was determined that Mr. Sgrosso is entitled to one week's vacation with pay. Mr. Gayer brought up the subject of overtime pay for the janitors on duty at functions held in Janitors',Cary Memorial Building. He said he made a study overtime and came up with certain statistics. Mr. Rochette has worked for the Town sixteen years, Mr. Daily, ten years and Mr. Bushard, five years. They are on a 45 hour basis, and the hourly rates figure $1.62 for Mr. Rochette and $1.35 for Mr. Daily and Mx. Bushard. Mr. Tucker said that he would like to have such information typed for study by the Board. At Mr. Maloney's recommendation it was unanimously agreed to establish a rate of $2.00 per hour for janitors overtime services in Cary Memorial Building with a minimum of $5.00 Mrs. Morey said that some time ago the Board Pelham discussddn relocation of Pelham Road when the water Road 1 main was installed and asked if the main has been put in. Mr. Gayer replied in the negative. Mr. Tucker brought up for discussion the assign- ment of a cruiser at Pelham Road. He said he very definitely thought the Chief should be instructed to drop one officer off and that the cruiser should be patrolling the streets during the busy time. The Chairman agreed to contact Chief Rycroft. Mr. Maloney said it could be done at any time and suggested taking six or eight feet off the corner, Mr. Gayer was requested to bring informatidthl.e to the Board next week relative to a possible . solution of the traffic hazard at this particular location. Mr. Gayer reported that Mr. Walker called him relative to installation of water for his new house on Tavern Lane.• Mr. Gayer told him, as he has told others, that it would require a main. He. said it should go up to Eliot Road. • The meeting adjourned at 10:5 P.M. A true record, Attest: x , utiv'e C1drk 385 Police 386 Jurors Bid Pelham Rd. entrance SELECTMEN'S MEETING April 15, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 15, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, and Tucker were present. Mr. Stevefis .rTown Counsels °.Mr1,Gayer, Superintendent of Public Works, amd the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with,the Board for the drawing of four jurors. The'following individuals were drawn for jury duty.. William E. Haible, 21. Moon Hill Road; Herbert F. Stewart, 1965 Massachusetts Avenue; John A. Rodes, 131 Shade Street and Charles B..Jaixen, 226 Concord Avenue. Mr. Carroll retired. Mr. Gayer reported that he did not have the corrected water and sewer bids from Whitman & Howard because of the delay in ifflail delivery. He called them on the tele- phone and Susi & DiSaptis is the low bidder at $43,575.aa with an alternate of f44,500. He explained that Whitman & Howard informed Susi & DiSantis they can use the lower price and recommended that the contract be awarded to them. Upon motion of Mr. Reed, seconded by Mr. Tucker., it was voted, in view of past performance, to award the contract to Susi & DiSantis, the low bidder at the quotation of $43,575. Mr. Gayer said the next item for consideration was widening of Pelham Road and he presented a plan for a less hazardous entrance. He explained that he cannot see much of an opportunity for cutting the corner back, but indicated on the plan where an entrance could he made so there would be much longer site distance. Mr. Reed asked if he would abolish the other part and not leave it one way going up and Mr. Gayer replied in the affirmative. He said that the Traffic Committee is not in favor of that. He explained that he would like to have the water main in the new layout if possible. Mr. Reed asked what he would do insofar as money is concerned, and Mr. Gayer replied that he has not considered that point but had been requested to bring in a plan. He 1 387 said as an estimate h:e thought it would be in the vicinity of $8,000 or $9,000. He explained that there is a substan- tial cut and the existing sidewe.]i would have to be replaced. The Chairman asked if he intended to construct new walls, and Mr. Gayer replied in the negative. Mr. Reed pointed out that this would be a relocation and raised the question as to whether or not it could be done without a vote by Town Meeting. The Chairman said that there will be a Town Meeting in May. Mr. Gayer said he would continue with the plans if the Board wanted him to and the Chairman said he thought that should be done anyway and then determine the Bost. Mr. Gayer reported that he had received a request Water from Mr. Clarence Walker for water in Tavern Lane. He Tavern explained that he had a plan made up, which he presented, Lane to show -what the Town would get in return if the main Walker is extended. He said that, going to theroperty only, a distance of 2140', the Town would realize $361.59. If the train is extended all the way up to Pelham Road and Eliot Road, a third lot would be added and the betterments would be $51.8.99. Mr.7Reed said he was in favor of extending the main the entire length and asked if it would strengthen the system. Mr. Gayer replied that it would definitely strengthen the system and they are having trouble in Pelham Road. He reported that he talked to Mr. Walker and he was not interested at all. He can't see why he should contribute any more than the betterment and Mr. Gayer told''h.im that the Board could wait until another Town Meeting for the funds. Mr. Walker was not interested and felt that the Town owed him water. If the Board has any suggestions he will be at home this evening to discuss it. Mr. Maloney said it would cost Mr. Walker a substantial amount to run his own line up if the Town gave him a long service. Mr. Walker suggested running a 2 line up and it occurred to Mr. Maloney that he might be willing to co-eperate with the Twain in order to get water. He said a 2" line would be expensive. The Chairman asked what the entire project would cost and Mr. Gayer replied about $1500 or $2,000. Mr. Reed asked if this an instance where the house was built and no thought given about the water and Mr. Gayer replied in the affirmative. The Chairman asked if it would be several months before the water in installed and Mr. Gayer replied in the affirmative. Mr. Reed said if a main is to be installed it should go the entire length. 388 He asked how much benefit this would be to the Town, forgetting the lots there now. Mr. Gayer replied that this is something the Town' would not go in and do. Mr. Reed asked if it would be a benefit to the overall system, and•Mr. Gayer replied in the affirmative. Mr. Maloney said if Mr. Walker was not building his house, the extension would not be made. M. Reed agreed, but said that it would benefit the system. Mr. Reed suggested advising Mr. Walker what it would cost to have a 2" service put in and 1f the Town.supplies the pipe a 6" main can go in for that amount of money.' Mr. Gayer said he would not like to have Mr. Walker put in a long service. Mr. Maloney said the Town could give him the pipe if he would have it put in. The Chairman said Mr. Walker has two choices. He can run a long service with the Board's permission or pay a betterment on a main if the Board decides to -install it.. He said -Mr: Walker should be willing to pay $800 for his share of the cost of the main and in view of the circum stances he should pay more than just the betterment. Mr. Reed pointed out that there are no funds`.vail- able to put in the main, and if he wants the water it Will be necessary for him to contribute to extend it, the Town furnishing the pipe. The Chairman said it would be either that or wait until the next Town Meeting. • . Mr. fucker said if the Town gives -him the pipe he should put in whatever size the Town specifies. Mr. Maloney said it would not be fair to charge Mr. Wardrobe for his lots. Mr. Tucker said that the Town would have to provide water somehow. The Chairman said there are two choices. Mr. Walker can wait until the next Town Meeting or have the Town furnish the pipe and have it installed himself. . Mr. Maloney telephoned Mr. Walker and discussed the subject with him. He reported to the Board that Mr., Walker said to make the best arrangement possible. Mr. Stevens explained that the Board should.exercise the option to purchase land from Esco Builders and John H. Option Millican for the new Junior High School Building. Upon motion of Mr. Reed? seconded by Mr. Tucker, it was voted to ,Azercise the options prepared by Town Counsel. Cs' CJ rri 1 1 Mr. Stevens referred to Article 30 whereby the Town Meeting voted to authorize the Board to execute a release of a drain easement on Winter Street. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was voted to sign the release as prepared by Town Counsel. Mr. Gayer presented a plan of the Smith property, 51 School Street and Mr.•Stevens reported that he has looked this up at the Registry. Mrs. Smith owns three lots of laid, 514.,55 and 56. Lots 54. and 56 are unregistered and lot 55 is registered. Her house is on lots 55 and 56. What she asked for, is an abatement of the sewer better- ment assessment levied against lot 56. He explained that even though she had connected to the sewer,. the Board would have charged a connection fee which would have been based on the -amount of the betterment. He pointed out that she has an available building lot. The Chairman agreed to write Mrs. Smith and explain the situation. Mr. Stevens presented a plan of Cherry.Street and Sutherland Road. •Mr. Gayer explained that there is a low spot between two houses add there is a drain going down Cherry Street, dumping into Sutherland Road. At one time a small line allowed the water to run into the drain and then go out. The previous 'owner called Mr. Burns so many times he had the drain plugged up and now there is a pond in the area. Mr. Gay said that the people want to get rid of the water and/diussd the matter with Mr. Stevens today.. Mr. Stevens explained that the people claim the water comes out of the drain and said that the Town is under no liability at the present time. He said if the Town connects the drain for them and if the water in flood time backs up into their land the Town will be liable for flooding it. Mr. Gayer said there might be some liability for plugging it up and Mr. Stevens said maybe. He said the Town would definitely have a liability if it put in the drain. He said he thought he could draw an instrument whereby these people would agree to save the Town harmless. However, he did not know if the banks holding the mortgages would agree or not. He asked if the Board felt inclined to do it or not. Mr. Tucker was in favor of obtaining the release or whatever is necessary and connect the drain. Mr. Stevens asked if he would be willing to pay, own the drain and connect it, not with permission, 389 Drain release Sewer Betterment Cherry Street and Sutherland Road drain 390 without any liability. The Chairman said one solution might be, since it is their drain and on their property, they have the right to block it. The Town could help. by permitting them to connect. Mr. Steens said he would check and see what. the title references are. Mr. Stevens retired at 8:25 P.M. Mr. Snow and Chief Rycroft, of the Traffic Stuckf, Committee, met with the Board. The Chairman said the Hoatd would like to be brought up to date on the results of the Committee's deliberation. over the past few months, to see if it had any recon menda- tions and if not what the situation is. Mr. Gayer explained that the Committee has been taking little problems given it, pne by one and cited the driveways at the First National Store parking lot. They have made: inquires to the State on.the problem of Winchester Drive, Maple and Ldwell Streets as to what changes are pro- posed there. The Chairman asked if the Committee had arrived at a decision relative to one-way streets in the center. Mr. Snow.' presented an over-all program, using maps and Traffic charts, of the center showing relationships of the roads Committee .one to another and where the traffic count was made last Fall. He presented a plan,of the traffic volume in Lexing- ton center, the total volume in the center at any one. particular time, incoming and outgoing traffic. . The Chairman asked how much more needed to be done be- fore recommendations can be made and Mr. Snow said he had to obtain more information. The Chairman asked if something positive would be ready by September and Mr. Snow replied it would not take that long. He said It should be started this Spring. Chief Rycroft said he would like to see if something can be worked out in the area in front of the Monument. He said time should be spent on that location and perhaps they could come up with something about the other two streets. He said that the members of the Committee agree with him that Muzzey and Clarke Streets should be left as they are for the time being. He said the two locations needing at- tention is the Monument and Pleasant Street at Massachusetts Avenue. He reported that Maple Street is also becoming a problem. He recommended No Parking on Muzzey and Clarke Streets down as far as Raymond Street and said he thought it.would be worth trying. 1 Mr. Snow retired. The Chairman reported that Mr. Doyle, representing the Lexington Little League, telephones and requested v' permission to conduct a parade on Saturday, April 20th, starting at 1:00 P.M., from the Junior High School to the Center Playground. The Board had no objection but agreed to ask Mr. Doyle to dtart the parade at 1:30 inasmuch as Paul Revere and Dawes will arrive at the Common at 1:00 P.M. Bids for three new cars to be used by the Police De- partment were received as follows: Rowe Jackson Chevrolet, Inc. 1957 Chevrolet Model 1502, 2 -door sedan, 6 cylinder including accessories $2266.47 Less Tax exemption )43.00 2123.47 Allowance, 1956 Plymouth, Serial 1.235161 to Nat 1088.00 1957 Chevrolet Model 1502, 2 -door sedan, 6 cylinder ihcluding accessories 2266.47 Less Tax exemption .00 Allowance, 1955 Chevrolet 118 Net 1957 Chevrolet, Model 1502, 2 -door sedan, 6 cylinder including accessories 2266.47 Leas Tax exemption 7,143.00 2123.47 Allowance, 1956 Plymouth, Serial 14235200 Net Fredreick R. Childs 1957 Ford, 6 cylinder Custom tudor Sedan including accessories 2525.80 Allowance, 1956 Plymouth Plaza Tudor Sedan 0.80 Net 0 Price is less Federal Tax 391 Little League Parade Bids for Police ear 392 1957 Ford, 6 cylinder Custon Tudor Sedan including accessories 2525.80 Allowance, 1956 Plymouth Plaza Tudor Sedan 0.80 Net 0 .0 1957 Ford, 6 cylinder Custom including accessories Allowance 1955 Chevrolet Net Mawhinney Motor -Sales 1957 Plymouth Plaza 2 door including accessories. Less Federal Tax ,Allowance, 1956 Plymouth 2 . Net • 1957 Plymouth Plaza 2,door . including accessories Less Federal Tax Allowance, 1956 Plymouth 2 . Ne t , 1957 Plymouth Plaza 2 door _including accessories Less Federal Tax Allowance,. 1955 Chevorlet 2 door . Ne t Tudor Sedan 2525.80 0.80 1015-4o 6 cylinder door 6 cylinder door 6 cylinder 2492.00 9. 0 231L2. 1202.50 1140.00 2492.0.0 9.50 2 1202.59 0. :Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to purchase two Chevrolets from Rowe -Jackson Chevrolet, Inc. - $938.00 and $1088.00 and one Ford from Frederick R. Childs - $1095.00. Police The Chairman signed a requisition for the appointment of one additional police officer. • Chief Rycroft and Mr. Gayer retired at 9:20 P.M. .Roy A. Cook, Chief Engineer, met with the Board. ; The Chairman explained that about a year ago the Grass Board had a discussion relative to preventing grass fires as Fires much as possible amd the Chief appointed some Deputy Fire Wardens. He said the Board would like to know how the Chief plans to use them. 1 393 Chief Cook presented the Chairman with a list of the Deputies he appointed and said that same of them have been very active and others have not.been so active. He said the unfortunate feature is that most of them are not available during the week. The Chairman said that the men would be needed on Saturdays and Sundays and asked what instructions had been given to them. Chief Cook replied that they go around and if they see anyone burning asked if they have a -permit. If they don't have one the deputy calls him and then he checks on it. He said on dry weekends he has a State.Warden drive around the Town. The Chairman asked if the men wore their badges and Chief Cook replied that most of the men have badges and he hoped they wear them. The Chairman asked if the Saturday and Sunday burning was done by adults and the Chief replied in the affirmative. The Chairman asked what was done when an individual is found burning without a permit and Chief Cook replied that they acquaint them with the regulations if they are new residents and chastise them if they are old residents. The Chairman asked if anything was done about prople burning without permits and the phief replied in. the negative. Mr. Reed asked if any thought had been given to the Town of Lexington and Arlington burning the meadow before anyone else set fire to it, and Chief Cook replied in the negative. He said they do not have the men today. Mr. Reed pointed out that he has help when the fire is going and Chief Cook said they let it burn itself out. Mr. Reed said he wondered if it would be a good idea to get the Auxiliary Firemen out some day to burn it. Chief Cook said that he has a very good auxiliary group that does considerable burning for him. The Chairman asked if he had many fires Sunday and he replied that there were four. The Chairman -said there should be some way to cut down on the tire by use of Deputy Fire Wardens and 'thereby save the Department. Chief Cook said he has done very well this year in comparison to last year. He explained that he sends two trucks out on a call and if both are not needed one returns to the station. He said he does not like to call mutual aid on grass fires. The Chairman asked if any of the Deputies listed had not donesnything and Chief Cook replied that pro- bably one or two who have been very busy. The Chairman asked if it would be any heli if the list was double what it is now and Chief Cook replied in the negative. 394 Mr. Reed asked if he had anything in the paper on the subject and he replied that he tries to put something in every once and awhile. The Chairman asked if he thought everything was being done that could be done and he replied that he thought they were doing fairly well. Chief Cook retired at 10:50 P.M. The Chairman read a letter from Henry C. Latta, 86 Morse Avenue, Wilthington, a mail carrier, who com- Complaint plained about a dog owned by Mr. Frederick C. Henriques, re: dog 15 Moon Hill Road. A report was received from the dog officer advising thet he:.contacted both Mr. and Mrs. Henriques and they have agreed to either dispose of the dog or restrain it" in the future. The Chairman read a letter from Mr. Irwin, Building Inspector, relative to an investigation concerning the activities of Mr. Alfred G. Jones, 272 Concord Avenue,( A hearing was held last week upon Mr. Jones application Gasoline for permission to maintain a 1500 gallon gasoline tank tank & on the premises. zoning - Mr. Irwin reported that Mr. Jones would like to carry on a custom farm and trucking business and was unaware of the restrictions that would prevent the property from being used for these purposes. He said at the present time there is no violation and a letter is being sent to Mr. Jones explainipg the uses that are permitted in an R1 zone. The Board agreed to take no action on the application until the petitioner brings the subject up again. The Chai n read a letter from Ralph Sandberg, re- questing,irft �fnof the V,F.W. to operate 6 popcorn stand April 19th on the triangle at the corner of Hancock and Bedford Streets. The Board had no obj• ection and Mr. Sandberg is to be requested to cease operation of the stand by noon. The Chairman read a lett• er froM John MacNeil advising that he would like an opportunity to discuss group insurance Group for town employees. insurance It was agreed to refer the communication to the Committee authorized by the recent Town Meeting to study the subject of group insurance. The ChairmAn read a letter from John MacNeil advising that through the facilities of the Lumbermen's Casualty 1 Co., which is controlled by the Kemper group, he is able to offer the facilities for one or more police men to try to gdalifyh€oriAWitraffic institute conducted at North- western University. There are sixteen fellowships of $1,650 and sixteen of 4795.00. The Chairman was authorized to send the literature tothe Police Department. Letter was received from Mr. Donald E. Nickerson accepting re -appointment to the Board of Appeals. The Chairman reported that Mr. Charles Norris is willing to serve as an Associate Member of the Board of Appeals. Upon motion of Mr. Tucker, seconded by Mr. Reed, it was voted to appoint Charles H. Norris, 132 Berwick Road, an Associate Member of the Board of Appeals for a term expiring March 31, 1958. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to approve Surety Bond 632130, on behalf of the Executive Clerk to the Board, in the amount of $1,000 .for a period expiring April 1, 1958. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to amend the Traffic Rules and Brders,'Pown of Lexington, as follows: Article VIII - Section 11. By adding to .this Section the following: (Stop Signs) Westbound drivers on Hill Street at the intersection of Cedar Street. Eastbound drivers on Paul Revere Road at the intersection of Cedar Street. Article V - By inserting a new section as follows: Section 2A. Prohibited on Certain Streets During Certain Hours. No person shall park a vehicle between the hours of 4:00 P.M. and. 6:30 P.M. on Mondays through Fridays' on the northeasterly side of Massachusetts AvAnue from Depot Square southwesterly for a distance of one hundred thirty-seven (137) feet. 395 Appoinbmert Amendment to Traffic Rules 396 Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the following licenses: Manor Spa 269 Bedford St. Wardrobe's Pharmacy 807 Mass.,Ave. Minute Man Cab Depot Square Lexington Bowladrome 1698 Mass. Ayer. " n " n " Sunday Sis. Ren, 11 M It Public Car. " Bowling Alley" Sunday Bowling "' Upon motion of Mr. Maloney, seconded by Mr. Tacker„, it was voted to sign an Order for construction of a aide - Sidewalk walk along the southerly side of Percy•Road, extending from a point 3551 + northeasterly of Highland Avenue a distance of 90' ± nortfeasterly in the following form: PERCY ROAD Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly Called and held on March 18, 1957, and adjourned to the 25th day c' March, 1957, duly adopted under Article 18 of the Warrant the ,following vote:, "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner oays one-half of the cost or otherwise, and to appropriate therefor the sum of ;50,000.00, and to provide for payment thereof:'by transfer from the Mess and Deficiency Account.” NOW THEREFORE, We, the undersigned being a majority of the Board of.Selectmen of said Town of Lexington, duly elected qualified and acting as such, do hereby pursuant to said vote and under the provisions cf Chapter 83 of. the General Laws, as amended, and of any and every other power and authority us hereto in any way enabling determine that public con- venience requires, the establishment of a sidewalk along the southerly -side of Percy Road a public way in said Town, extending from a point 355' northeasterly of Highlmid Amer, a distance of 90' ± northeasierly, and it is therefore: ORDERED: that a bituminous concrete sidewalk be constructed along the southerly side of Percy Road, ex- tending from a point 355' ± northeasterly of Highland Ave. a distance of 901 ± northeasterly and that one hale of the cost thereof be assessed upon the abutting estates. 1 Annexed hereto and made a part hereof is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. Witness our hands at Lexington aforesaid this fifteenth day of April, 1957. Haskell W. Reed William E. Maloney Ralph H. Tucker COMMONWEALTH OF MASSACHUSETTS Majority Board of Selectmen of Lexington Middlesex, ss. Lexington, Mass. April 15, 1957 Then personally appeared Haskell W. Reed, William E. Maloney and Ralph H. Tucker and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington before me. Hazel J. Murray Notary Public My commission expires November 29, 1957 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Owner as of Estimated January 1, 1957 ` Frontage AsiSBssiaent -William 0. & Arlene E. Way 90.0 #90.00 398 Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was v ted to sign a Water Order for the Water Order, construction of/Rater main in Green Lane from Crescent Road a distance of'1650' ± southwesterly in the following form: ORDER OF TAKING By the Town of Lexington of Easement for the construction of Water Main GREEN LANE From Crescent Road a distance of 650' ± southwesterly WHEREAS, at a meeting duly called and held on March 18, 1957, adjourned to March 25,1957, the Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted'by unanimous vote the following vote and made an appropriation therefor: "VOTED: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diaketer in such accepted or unaccepted streets or other land as the Selectmen may determines subject to the assessment of betterments or other- wise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary..: therefor; and to appropriate for such installation and land acquisition the sum of *106,600.00 of which 12,600.00 is to be transferred from the Water Assessment Fund; 14,000.00 is to be transferred from the Water Department Available Surplus; and the balance of *90,000.00 is to be provided by the issue of bonds or notes or the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of 00,000.00 and issue bonds or noted of the Town therefor, to be payable in accordance with the provisions of Chapter L. of the General Laws, as amended, within a period not exceeding fifteen years." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of said water main, NOW THEREFORE, the Board of Selectmen of the Town of L xington, acting as a Board of Water and Sewer Commis - stoners, for and in behalf of the said town, by vLztue tNa tri 1 1 399 of the authority conferred upon them by the foregoing vote and of every other power them hereto enabling, hereby adopt this Order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Green Lane from Crescent Road a distance of 6501 t southwesterly as aforesaid, the following easement namely: The right to enter upon the land shown as Green Lane .on a plan entitled "Plan of Proposed Water Main in Green Lane Lexington Mass. Seale 1" = 11.0' Otb. 10, 1956 Richard J. Gayer Town Engineer" and owned by Anthony & Gabrielle F. Mazza, Bonifacio & Crocifissa Camarra, Salvatore & Lucy Antonucci, Cosmos Frank & Helen G. Romano, Robert S. & Dorothy M. Schwab, Rocco G. & Caroline M. Capriano, Caryl Realty Trust, John A.Cadario Tr., and construct therin a line of water main with al necessary connections, shut -offs and appurtenances substantially as shown on a plan of Richard J. Gayer, Town Engineer, dated October 10, 1956 to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said Town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing, and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion bf the work in each case is cleared of all surplus material and surface left in•as smooth and good condition as of the time of entry.) Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Richard J. Gayer, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. - We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sdetained and none are awarded. 400 To have and to hold the said easement to the Town of Lexton, its successors and assigns, to its and their /use and behoof forever agreeable to the provisions of said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this fifteenth day of April, 1957. Haskell W. Reed 1 William E. Maloney Selectmen Ralph H. Tucker of Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington April 15,1957 Then personally appeared the above named Haskell W. Reed, William E. Maloney and Ralph H. Tucker and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Hazel J. Murray SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER GREEN LANE From Crescent Road a distance of 6501 southwesterly. • otary Public 1 401 Supposed Lot Land Cout+t Owner No. Frontage Assessment Cert. No., Anthony & Gabrielle F. Mazza h/w 15 1c4.70 $157.05 79271 Bonifacio & Crocifissa Camarra h/w 16 101.59 152.39 76846 Salvatore & Lucy Antonucci h/w 17 101.46 152.19 76845 Cosmos Frank & Helene G. Romano h/w 18 100.11 150.17 79862 Robert S. & Dorothy M.. Schwab h/w 19 100.25 150.38 73033 Rocco G. & Caroline M. Capriano h/w 20 100.00 150.00 29010 Caryl Realty Trust John A. Cadario, Tr. 8 222.00 333.00 The Chairman read a letter from Vernon Page stating that for many years the Public Works, Department has made the complete connection of sewer pipes from the street to a point inside foundation walls with the plumber provid- ing ten feet of cast iron soil pipe. He Said he has been informed that a rule has �g made by the Public Works Department to terminate/t sewer pipe ten -.feet from the foundation wall and someone else will have to complete the project. The reason for the rule is the Department claims it has received complaints because some time water works through joints where pipes come through the wall. Mr. Page contended that the town should do the entire. job and not require property owners to engage a private contractor. was Mr. Reed said he/unaware that the policy had been changed. The Chairman reported that Mr. Gayer informed him it is being done in accordance with the Plumbing By -Law and he is merely carrying out the law. Mr. Reed said the By -Law was never followed that way before and he thought the Board should have been notified of the change. The Chairman said, in absence of instructions, Mr. Gayer should follow the by -lawn and asked if it had always been done the other way. 402 Mr. Reed replied in the affirmative. Mr. Maloney said it has never been done this new._,. Connecting way. Sewer The Chairman reported that he•asked Mr. Page if it pipe had been done and he -said it was always done for him but not for many others. The Chairman said he thought Mr. Gayer should have a letter from the Board covering the subject. Letter was received from Mrs. James Walsh, 20 Hall. Street, Somerville, asking if the house being used by the Boy'$ Club would be for sales '' The Chairman was authorized to advise Mrs. Walsh that the house is to•-,be`demblithed atdrthe prbpertyree on served for future use by the Town. • The Chairman reported that he discussed the situation at the Lexington Theatre with Mr. Feeley who is aware of it and also concerned. Mr. Feeley and Chief Rycroft have come to an understanding whereby when it appoars.that things are going to get out of hand he will call the Station and the Chief will immediately assign a man for duty. The meeting adjourned at 10:20 P.M. A true record, Attest: i Cle k, Sele men talo NZ 1 403 SELECTMEN'S MEETING April 29, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 29, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Gayer presented bids for/purchase of a 2 -door sedan, to be used in the Public Works De- partment, as follows: Mawhinney Motor Sales . 1957 Plymouth Plaza 6 cyl. 2 -door, equipped $2437.00 Less Federal tax 138.76 2298.24 Allowance 1948 Chevrolet 2 -door sedan 800.2 .00 Car bids Rowe -Jackson Chevrolet, Inc. 1957 Chevrolet Model1502, 2 -door sedan, equipped 2214.5.97 Less Federal tax 141.00 2102.97 Allowance 1948 Chevrolet 2 -door sedan 2.9 Net 1610.00 Frederick R. Childs 1957 Ford Custom Tudor, equipped, less tax 2515.00 Allowance 1948 Chevrolet 2 -door sedan _.&22112 00 Net 17.00 Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was unanimously voted to accept the low bid submitted by Mawhinney Motor Sales in the net amount of $1498.00 Mr. Gayer presented bids for the purchase of gasoline as follows: 404 Gasoline bids Gulf Oil Corporation Tank Wagon Discount * Gas Regular 16.90 2.99 18.91 Diesel 16.20 0.50 15.70 Socony Mobil Oil Company Gas Regular 16.90 Diesel 16.5 The Texas Company Gas Regular * Delivered price 02.25 19.65 .005 16.00 16.9 .031 18.8 16.5 .005 16.0 including 5% per gallon State Tax. Upon motion of Mr. Maloney, seconded by Mr. Reed,.. it was unanimously voted to accept the low bid sub- mitted by The Texas Company, it being understood that there will be no charge to the Town for change:' over of equipment. Mr. Stevens explained that a revised taking order on. -the relocation of Allen Street would have to be Allen St. signed, with the corrected description. Last Fall relocation the Board had releases signed by Swenson and Carroll. order He was of the opinion that new releases should be signed, on the new vote and in the process found out that one of the Carrolls did not sign.. She is the wife of one of the brothers. The third brother died five years ago and left everything to his wife. She apparently knew nothing about this. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign an Order for the relocation of Allen Street in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. April 29, 1957 At a meeting of the Board of Selectmen of the Town of Lexington held on the twenty-ninth day of April, 1957, it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington having determined and adjudged that common convenience and necessity require that a town way be altered, relocated and laid out in the location hereinafter described and having compiled with the requirements of law relating to notice, and having received a report thereon from the Planning Board of the Town, did on the eighteenth day of February, 1957 alter, relocate and lay out as a talon way the way known as 1 405 Allen Street from Waltham Street southeasterly 1620 feet more or less to a point on Allen Street which is 120 feet more or less southwesterly of Clematis Road, and duly filed their report of such alteration, re- location and laying out with the boundaries and the , measurements of the same in the office of the Town Clerk on the nineteenth day of February, 1957., and whereas at a Town Meeting duly called, warned and held on the eighteenth day of March, 1957, adjourned to the 25th day of March, 1957, adjourned to the first day of April, 1957, and adjourned to the 3rd day of April, 1957, in accordance with the provisions of law, applicable thereto, it was "VOTED: To establish as a town way and accept the relocation and alteration of as a town way Allen Street from Waltham Street southeasterly 1620 feet, more or less,to a point on Allen Street which is 120 feet, more or less southwesterly of Clematis Road as relocated and altered by the Selectmen'and shown upon a plan on file in the office of the Town Clerk dated October 1, 19561 and to authorize the Selectmen to take by eminent domain any fee, easement or other interest inland necessary therefor and to raise and appropriate for land acquisition and for construction the sum of $100.90." NOW, THEREFORE, WE, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 79 of the General Laws and of any and every otlin. power and authority us hereto in any way-enabling/rn he name and on behalf of the Town of Lexington the following:: 1. The perpetual right and easement to use for all the purposes of a town way the land in said town bounded and described as follows: The northerly sideline of Allen Street begins at, a point in the easterly sideline of Waltham Street, said point being southerly and distant 185.79 feet from the northerly terminus of a curve of 682,51 feet radius, thence bearing tothe left with a curve of 20.00 feet radius. distant 31.57 feet to a point of tangency, thence South 790 32' 10 East distant 317.49 feet to the southerly terminus of the westerly sideline of Stedman Road, thence continuing South 790 32' 10" East distant 68.47 feet by the southerly line of Stedman Road, thence South 320 57' 30"' East distant 162.96 feet by the said southerly line of Stedman Road to the southerly terminus of the easterly sideline of Stedman Road, thence continuing 406 South 32° 57' 30" East distant 173.00 feet to a point of curvature thence bearing to the left with a curve of radius 600.00 feet distant 157.08 feet to a point of tangency, thence South 47° 57' 30" East distant 379.00 feet to a point of curvature thence bearing to the right with a curve of 840.00 feet radius distant 190.59 feet to a point of tangency, thence South 34° 57' 30" East distant 43.00 feet more or less to a stone wall, thence easterly distant 10.00 feet more or less by said stonewall to the westerly terminus of the northerly sideline of Clematis Road, thence in a general southerly direction distant 80.00 feet more or less by the westerly line of Clematis Road to a point on a curve of 170.00 feet radius said point being Southerly and distant 52.00 feet more or less from a point of curvature on said curve, thence bearing to the right with a curve of 170.00 feet radius distant 53.00 feet more or less to a point of tangency, thence South 000 21' 50" West distant 30.79 feet, thence North 89° 38' 10" West distant 50.00 feet to the southerly sideline of Allen Street, thence North 00° 21' 50" East distant of 120.00 feet radius distant 73.98 feet to a point of tangency, thence Notrh 34° 57' 30" West distant 79.03 feet to a point or curvature, thence bearing to the left with a curve of 790.00 feet radius distant 179.25 feet to a point of tangency, thence North 47° 57' 30" West distant 379.00 feet to a point of curvature, thence bearing to the right with a curve of 650.00 feet radius°,distant 170.17 feet to a point of tangency, thence North 32° 57' 30" West distant 262.53 feet to a point of curvature, thence bearing to the left with a curve of 120.00 feet radius distant 97.55 feet to a point of tangency, thence North 790 321 10" West distant 321,03 feet to a point of curvature, thence bearing to the left with a curve of 20.00 feet radius distant 28.33 feet to a point of common tangency, on the easterly sideline of Waltham Street, thence bearing to the left with a curve of 682.51 feet radius distant 87.85 feet to the point of beginning. Both sidelines of Allen Street are parallel and distant 50.00 feet from each other, with the exception. of•the intersections at Waltham Street, Stedman Road and Clematis Road. The above description is intended to conform to a plan entitled "Plan of Allen Street Relocation in Lexington, Mass. Scale 1" = 401, Oct. 1, 1956, Whitmat and Howard, Engineers, 89 Broad St, Boston, Mass." which plan is on file in the Town Clerks Office in the Town Office Building and a copy of which will be recorded with the Middlesex South District Deeds with a copy of this Order 1 407 2. The perpetual right and easement to deposit, slope, bank and maintain upon the strip of land hereinafter described whatever filling, material or support may be necessary or desired for the construction and maintenance of a town way in the land described above in paragraph 1, said strip of land having a uniform width of 30 feet and being stivated northeasterly of and abutting upon the land described in said paragraph 1 and extending from the common boundary of land of the Tvwn of Lexington and of Henning W. Swenson on the northwest to an easterly boundary of land of said Henning W. Swenson, s11 as shown on the aforesaid plan and marked "Slope Easement". All trees, if 'any, upon theland taken are included in this taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name_of the owner of any/said land or of any interest therein is not correctly stated, it is to be understood that"such land or interest is owned by an owner or owners unknown to us, OWNER Henry J. Lamont, Leonard G. Russell, Charles Cornell, Henry P. Sullivan, Archie F. Bullock, Robert J. Forrest, John W. Kelly, William J. Sinclair, Thomas S. Kelly, Alvan W. Davis, John J. O'Neil and John E. Pierce, as they are trustees of Ridge Associates. Henning W. Swenson Michael Joseph Carroll, Lawrence Matthew Carroll and Patrick Edward Carroll or Maryhelen Carroll. No betterments are to be assessed for this improirement. And said Board, having considered the question or damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this twenty-ninth day of April, 1957. 408 Raymond W. James Haskell W. Reed William E. Maloney Ruth Morey Ralph H. Tucker COMMONWEALTH OF MASSACHUSETTS Selectmen of Lexington Middlesex, ss. Lexington, Mass. April 29, 1957 Then personally appeared 'the aboveb-named Haskell W. Reed, Raymond W. Tames, William E. Maloney, Ralph H. Tucker and Ruth Morey, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledged the foregoing instrument to be their free act and deed. Hazel J. Murray Notary Public My commission expires Nov. 29, 1957. Mr. Stevens referred to the installation of sewer in Haskell Street and Presented the Board with Sewer an Order which, upon motion duly Made and seconded, Order was signed in the following Form.: • COMMONWEALTH OF MASSACHUSETTS • Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 29th day of April, 1957, it is ORDERED: Whereas 'at a Town Meeting duly called,. warned and held oh March 5, 1956, namely at an adjourned session thereof duly held on March 26, 1956; in accordane+e with the provisions of law applicable thereto, it was un- animously "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the 1 409 asseeement of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $103,000.00 of which $58,000.00 is to be transferred from the Sewer Assessment Fund; and the balance of $45,000.00 is to be provided by the issue of bonds or noted of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $45,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined that a sewer main should be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, embankments, walls, pipes, culverts and other appurtenances, aid to do all other acts incidential thereto, including the right to pass along and over the land for the aforesaid purposes., in, through and under the whole ofthat portion of Haskell Street in said Lexington that extends from Lowell Street to Summer Street, all as shown and marked "Sewer Easement" on plan entitled "Plan of Haskell St. Sewer Easement Lexington - Mass." dated March 27, 1957, Richard J. Gayer, Town Engineer, to be recorded herewith, and reference. to said plan is made and said plan is incorporated.herein for a complete and detailed description of said portion of Haskell Street. Said rights and easements in the above-described portion of land are taken without interference with or prejudice to the rights of the respective owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved 410 to the respective owners and their heirs, successors and assigns, all their respective rights in and to the use of their lands lying within said above• described parcel for all lawful purposes not incon- sistent with the use thereof for all of the purposes hereinabove mentioned. On each occassion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any worn thereon, it shall be the obligation of the Town to remove all surplus material', and to leave the premises in reasonably the same con- dition as when the entry was made. Any trees upon the land included within the above- described parcel of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named • parties but if the name of the owners of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to ins: Lot number as shown cant. Owner aforesaid plan Agnes Monahan Unnumbered lot and lot 18 John J Jr. and Barbara Ann Collins Lot 55 B Richard W. and Theresa M. Nylander Lot 55 A Frederick S. Gilley, Jr. Lot A Austin J. and Mary E. Gibbons Lot B Frank R. and Nora D. Zelk Lot C Paul A. and Mary Costa Lot D Arthur H. and Anna M. Marson Lot 16 Betterments have been assessed for this improvement and are set forth in an order for construction of sewer dated March 11, 1957 and recorded in Middlesex South District Registry of Deeds, Book 8928, Page 112. And said Board, having considered the question of. damages, hereby determines that no damages have been sustained and none are awarded. 411 WITNESS our hands at Lexington aforesaid this 29th day of April, 1957. TOWN OF LEXINGTON By Raymond W. James Ralph H. Tucker Ruth Morey Haskell.W. Reed William E. Maloney Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, es. April 29, 1957 Then personally appeared the above-named Raymond W. James, William E. Maloney, Ruth Morey, Haskell W. Reed and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me, Harold E. Stevens My commission expires: Sept. 16, 1961 Upon motion duly made and seconded, it was yoted to sign a contract with Susi & DiSantis Company for sewer and water work, Contradt No. 1. All five copies were taken by Mr. Stevens. Mr. Stevens reported an the Sangren case, in- volving Chief Ryeroft and Officer Burdick and said Sangren that he would come in at some later meeting with a case recommendation Contract Mr. Ampollo and his attorney, Mr. Ryan, met with the Board. Mr. Ryan presented a plan of X.ongfellow Estates 412 consisting of sixteen lots showing a proposed new Street. He explained that Leeland Construction Company has developed the land along Hawthorne Road and Longfellow Road which streets, he understood, have been accepted by the Town. He said that drainage through this section is beingdumped into lir. Ampollots development. He explained that they would like to Drainage continue a 12" pipe, but in talking to the Town Engineer he said that it must be a 42" pipe from here (indicating on plan) down here sad then empty into the brook at the Edith Willard land. He said it is not reasonable for the Town to ask his client to do this. He said the drainage will take care of Hawthorne Road and Long- fellow Road. He said it is unreasonable to expect them to put in a 42" pipe because it is about $8,00 a foot and each piece of pipe weighs about a ton. He said he is present at this Meeting to see whether or not the Town would buy the material. They will dig the trench, lay the pipe and put in the backfill. He said he did not think they should be required to supply the drainage for the whole section and that the town has no right, without an easement, to dump water on the Riboch land. Mr. Stevens said he would not go that far on the facts of this case. He said lie maid he thought the Riboch land is subjetst to a drainage burden for this area. The brook runs across into Longfellow and then oyer into the Riboch land and goes through there to the Willard property. He explained that all the town did was to allow it to be put into a'pipe and then it runs. out in that direction. Mr. Ryan said the natural stream comes down and empties into the•Willard land, and there is a small stream back over Longfellow Road that has been diverted. He indicated on -the plan the location of the Riboch land and where the drain begins. Mr. Reed explained that the Town has not gone any further than the brook. Mr. Ampollo said that there is a storm drain which empties into this piece (indicating on plan) that was widened by the Leeland Construction Comapny. Mr. Reed asked how they widened it. and Mr. Ampollo replied that he did not know. Leeland Construction owned the property at that time. Mr. Reed said that was correct and he was dumping the water onto his own land. He asked how long Mr. Ampollo owned the property and he replied about fifteen months. Mr. Reed asked if he had any objection before the Town accepted the streets. Mr. Ampollo said he assumed he could go along on the 12". Mr. Reed said that he was objecting now that the Town had accepted the street. 1 Mr.'Ryan said he believed a L12" pipe was needed but didn't think his client should pay for it. He said it would benefit the entire area. The Chairman asked if any of Mr. Ampollots drainage in this area was gofng into the drain and Mr. Ryan replied not until it gets to a certain place. Mr. Reed asked why a 42" drain was required. Mr. Gayer replied that the first reason was'a study made by Metcalf and Eddy of the entire drainage area and the second reason !►eeeeii was'a survey the Town made itself. He said actually it came out larger, but they settled on a 1{.2" which was based on the theory that it would not be.a built up section. Now, with the section built up, it is more necessary that it was before. Mr. Stevens asked when the"survey was made and Mr. Gayer replied in.1928. The Chairman asked when the Town made.a survey and Mr. Gayer replied at the time these gentlemen brought it up. Mr. Stevens asked if there would be any difference 3n the size of the drain if Mr. Riboch wanted to develop this piece of land and Longfellow Road and Hawthorne Road were not already developed. Mr. Gayer replied in the negative and said that they had not paid any attention to this development. Mr. Ryan said that if this was the only land being developed the 42n drain would not be needed. Mr. Gayer said it is needed to carry the water that is in the entire watershed. Mr. Stevens said that is in the watershed and it has no bearing on the development. Mr. Ryan said if Leeland still owned the land he would have to obtain an injunction against tiim tb close the pipe. Mr. Stevens said he did not believe he could if this is water only collected in the drainage area that drains over that land. Mr. Ryan said that Leeland has no right to collect the water and dump it on his clients land and neither does the Town. Mr. Stevens said it depends on the drainage area. Mr. Ryan said he was only asking for assistance and not asking for the Town to put in the whole drainage system. He said it is unreasonable to ask his client to put in something that costs $8.00 a foot where it will betnot for his benefit but for the benefit of the whole area. Mr. Stevens said Mr. Ampollo was not assuming any obligation that does not go along with his land in the position in which it is. 413 414 Mr. Ryan said he did not agree. Mr. Gayer'asked if this was a natural drainage for the entire area beforeL.apystreets were put in and Mr. Ampollo relied that hedid not know. • Mr. G firer explained that Metcalf and Eddy show this was the natural drainage for the entire area. Mr. Ampollo said that Leeland came in three or four years ago to put in a 12" to take care of what the survey called for at that time, a 42". Mr. Gayer said he did not know about that. Mrs. Morey said that Mr. McConchie,:developed•land that was higher and possibly that is why he sold. He may not have wanted to develop any further. Mr. Maloney said Mr. McConehie was in a lot of difficulty over there in the land which he developed in regard to both drainage and sewerage. Mr. Ampollo said this land is actually higher than Leelands. There is one low section which they are not using. Mr. Reed said the course of the natural brook has been stopped somewhere along there. It stops at the end of Hawthorne and Longfellow Road. He said Leeland had no objection because it was: his own land. Now this group has purchased it and has objections. H said he -was sure the Selectmen would not arrive at a decision this evening and would like an opportunity to study.the•situation. Mr. Ryan said he would like the members of the Board to take a tiew of the premises and Mr. Reed explained that he sees it every other day. ' Mr. Reed inquired about the distance of the -42" pipe and Mr. Ampollo said that it is about 800 feet. Mr. Maloney asked how may 12'" pipes would feed into this 42" pipe and Mr. Gayer replied it would be from the entire watershed. Mr. Maloney asked how it would get into the•watershed6 and Mr. Gayer explained that there is a 12" here and a'12" here, indicating on the plan, Mr. Maloney said that would make only an 18' pipe and asked how 42" of water could get into a 42" pipe with two 12" pipes feeding into it. • The Chairman said that no decision would be made this aiming and that the Board would give the subject some thought. Messrs. Ryan and Ampollo retired at 8:35 P.K. Mr. J. Henry Duffy, 24 Maple Street, met with the'' Board. - He said the subject matter for discussion was the Great Meadows, so-called. He said what brought the situation to a head as far as he was concerned, and his reason for meeting with th . Board, was a conversation he 1 415 had with Mr. Reed developed out of notes of Board meetings. He said th t he has lived'on the border of the meadow for fifty/�gai�Axd is very much interested because he thinks the tract as a whole stands as a tract of good development because of the location and general nature. The information given by Mr. Duffy on the Great Meadows was more or less as follows: It was flooded from 1873 to 1900. There were from Great two to five or six feet of water on the average with Meadows a large growth of shrubs. It served as a skating area for the whole village. Most of the people on Massachusetts Avenue maintained boats there one-half mile North and South and about three-quarters mile East and West. It was full of springs. The neighbors in the village used to cut a lot of Reat which they burned in their homes and they sold a lot of it. It was discontinued as a commercial enterprize in 1920. That area is about 176 acres and that embraces the so-called Meadow, the out boundaries which they took for the protection of the watershed. The enabling Act which permitted the construction of whatever was necessary was passed in 1873. In 1873 they built the Arlington Heights Reservoir, a brick culvert which carried Brown's brook. That brook ran into the meadow, but was diverted so it ran into Mill Brook. In order to conserve the supply of water for the reservoir they made a taking for the,purpose of diverting the water from the meadow to the reservoir. I think it is important in the enabling Act, one part authorized taking by eminent domain of the low area, aid the secondppartLauthorized the purchase or otherwise but not by eminent domain, a strip of land outside the low area for the purpose of a watershed. I think there is a provision in the Statute in both those features which were permitted, that if at any time therewas non use for the purpose of the Act, the. land would automatically reverse to the original owners. That seems to me to be quite important. Eren in 1873 they could not determine who the owners were. There is a complicated question assto the purpose of the Act which was divided into two parts; diverting the water to fill the .reservoir used solely for the market gardens. In 1894 they built a punping station opposite the East Lexington Station and,drove a well in the vicinity of the East Lexington Station and pumped it through a 10" pipe. That water, I think, they used for domestic purposes because it came from springs. That pumping station was built in 1894. They took it down in 1933. It seems to ffle as far as the low ground section of the meadow is concerned, the Act of abandoning the pumping station was the equivalent to non use. 416 Tax title That left remaining whatever legal use there was of the water diverted to fill the reservoir. 'The Town of Arlington appropriated $1300 to put in a sluiceway which indicated they plan to maintain a reservoir. One time when I was on the Planning Board we met with the Arlington people and we thought the reservoir property could be hooked up for some development because we owned a section of park land near the East Lexington Station. We thought there was a possibility of leading a road from the reservoir up into this section which might be a park plan. We did not make any progress. I think that is the story about this reservoir. People get confused because they don't know about the brook business. This brook used to flow into Mill Brook. I would like to suggest that this 176 acres of the low ground F 100 acres low ground, 76 acres hard ground• because the remaining area of Lowell, Naple Street and Moreland Avenue section, you must consider it as a plan- ning unit. I think this area needs a cross road the there is a good chance of putting a cross road from Summer and Lowell Streets to Brown's brook andright up the valley because some time you will have a main sewer up there. The future requirements mull require a road up the middle, parallel with therailroad and Massachusetts Avenue. We 'should do the planning through the Planning Board end be prepared to advise people whet our future plans are for the whole area rather than have these isolated tracts come in. I think this area is a tract which will require a lot of study to work it out right. It would make a good sanctuary for birds if it were flooded. Mr. Duffy retired at 9:10 P.M. The Chairman read a letter from Mr. Stevens with reference to tax title lots 187-190 Hillcrest Avenue which the Board had voted to sell and convey to Joseph P. Fitzgera1 . Mr. Stevens checked the records at the Land Registry Office tnd found that this is another case where the Town is not in a position to complete.; a sale because there is no Certificate of Title in the name of the'Town. It will, therefore, be necessary for him to ask Mr. Carroll to file a petition and it may be several weeks before the Certificate can be obtained. Mr. Stevens thought the Board might want to review the proposed sale, due to the fact that it will cost ap- proximately $75 to obtain a new Certificate of Title. The Chairman was authorized to advise Mr. Fitzgerald of the situation and explain:that it will probably da• volve an extra cost to him about $75. 1 1 417 The Chairman read a letter from Mr. Tropeano, a copy of which the Clerk had forwarded to Mr. Stevens, with Release of reference to land of Mrs. Abbie W. Fuller and located on title Sunny Knoll Terrace, formerly described as "land rear Sunny Knoll Avenue". Mr. Stevens said it involves two pieces of lanyl. The taxes were not paid on one and apparently the wrong land was taken. He said he would check the information sub- mitted by Mr. Tropeano and draw an instrument for the Board to convey all right, title and interest of the Town, Mr. Stevens retired at 9:35 P.M. Petition was received from the Boston Edison Company Poles and and the New England Telephone and Telegraph Company for per- Guy wire mission to maintain six poles, guy wire and anchor from location last pole, on Calvin Street. The Chairman explained the petition had been previously denied and the petitioner has moved the proposed guy wire down to a vacant lot. Upon motion of Mr. Reed, seconded byJ4r. Maloney, it was voted to grant the petition for the following pole locations: • Calvin Street, northwesterly side, north- easterly from a point approximately 15 .feet northeast of Ivan Street, -- Six poles. Guy wire and anchor from the last pole. The Chairman read a letter from John Blackhall Smith, Superintendent of Schools, stating that it seems de- sirable to increase the wattage of lights in the various parking areas at the High School from 1,000 to 2,500 watts. The Board had agreed on April 1st to increase the lumen to 2500, and the Chairman was authorized to so advise Mr. Smith. The Chairman referred to Mr. Vernon Page's letter of April 13th relative to sewer pipe connections from the street to a point inside foundation walls. He explained that some years ago the Town used to put in sewer connections directly through walls of houses that wanted sewer connections. Then there was one job into which the Town ran into some trouble, when the Town put pipe through the wall surface water came in from around the pipe into the cellar. At that time the then Superintendent of Public Works decided that under similar circumstances he would not do the connection and since that •time it has not been done. The only time the Town goes School lights Sewer pipe connections 418 in now beyond that wall is before the wall is waterproofed on new construction, but not in older houses because of the possibility of this.occuring. He said that Mr. Page has requested that the Board make a decision and say the Town will.carry through cellar walls. He reported that he talked to Mrr. Weisinger and he said the only complaint relative to the way the Town is operating now is this one from Mr. Page. The Chairman said if it is working well.he could -see no reason for changing the situation. Mr. Maloney said if it i8 a hard wall the plumber should be responsible. He said the taxpayer should not be obliged to hire separate contractor when all the crew is standing there. The Chairman said all the Board wants to guard', against is any responsibility -on the part of the Town. Mr. Maloney said the Town never had any trouble with these connections. Mrs. Morey asked about the Plumbing regulations in this regard. The Chairman explained that the Plumbing ByLaws require the Town to connect from the street sewer to a point ten feet from the inside of the foundation wall. Mr. Maloney said that if the wall is solid ledge or rock the Town usually punches the whole through. Mr. Gayer said he understood that Mr. Burns en- countered problems with ground water and his orders to Mr. Weisinger were not to go in. The Chairman explained that all the Town does is to co-operate and make it as inexpensive as pos- sible for everyone but he thought the Town should guard against any liability on its part. Mr. Maloney instructed Mr. Gayer to do what has been done. Mr. Gayer asked if he Meant not to put th▪ e con- nection through and Mr. Maloney replied that if he thought it was dangerous to say so. The Chairman said that the Town shou• ]d co-operate as far as possible with •the home owners and the plumbers, but if the situation arises wherein the Public Works Department reel the Town would be subject to some liability, the owner should do the work or take the, responsibility by signing a release. Mr. Maloney asked if Mr. Gayer ever had any trouble. Mr. Gayer -explained the only one he has had any trouble with is Mr. Page. He hadsaid that the men refused to put a hole through the foundation wall and, in checking, the men informed him that they had not put any holes through the foundation for some years. since Mr. Burns ordered them to discontinue the practice. 1 In one instance water came in the cellar and that was the reason for his order. _Mr. Tucker asked who, would be held responsible if the Town punched the hole` and cracked the foundation. Mrs. Morey inquired about water services, and Mr. Gayer explained that on new houses the hole area is there. The Town puts the hole through because the service goes to the inside. Mr. Maloney said he thought it was a case of using discretion. The Chairman said that he was suprised that'this was the only complaint and therefore checked and was told that this is the first connection Mr. Page has had to put in in the last three years. Mr. Reed said he thought whatever policy the Town has been following should be continued. Mr. Maloney said that Mr. Page should be treated just the same as any other individual. The Chairman read a letter from William Roger Greeley advising that a planting plan for the Town Hall property has been worked out and he would be pleased to discuss it with•the Board. The Clerk was instructed to make an appointment for Mr. Greeley to meet with the Beard and allow half an hour. Mr. Reed broiught up the subject of hours in the Engineering Department, with particular reference to the survey party. Mr. Gayer reported that they begin work at 9:00 A.M. He agreed to check into the matter and report further to the Board next week. Mr. Gayer retired at 9:55 P.M. The Chairman read a letter from the Board of Fire Commissioners requesting a transfer of *600 to cover the cost of necessarywork on the ambulance. Mr. Maloney referred to the number of pieces of apparatus responding to accident ealls and the Board felt that possibly the rescue truck would be sufficient In many instances without having the ambaa7.ance sent out. The Chairman was authorized to advise the Commis- sioners that a transfer cannot be made immediately in- asmuch as the appointments to the Appropriation Committee have not been made. He was also authorized to ask the Commissioners what instructions are given to the Fire Department personnel relative to the number of pieces of equipmen# responding to accident calls, with particular reference to th6 ambulance. 419 Town Hall Planting plan Transfer & discussion re ambulan ce 420 Copy of letter to the Board of Retirement was re Retirement ceived from the Board of Fire Commissioners advising that Private*.FranciveJ.;McCarron has:requeated Aeei' dental disability retirement. The Chairman read a letter from the Lexington Lions Lions Club Club requesting permission to use Parker Field on July 4th July 4th. The Club is planning a children's day with a parade, games and races, a road race and band concert. The Board had no objection but wanted to check with the Recreation Committee. Complaint The Chairman read a letter from Patrick Mackino, 452 Marrett Road registering a complaint about rub- bish in the yard at 454 Marrett Road. The Executive Health Officer had investigated and determined that the condition of the property does not constitute a health' menace. The Chairman was authorized to advise Mr. Mackin that it appears the public health or public welfare *' is not involved and therefore the situation is one over which the Town has no jurisdiction. Letter was received from Dorothy P. Rich advising Resignation that it is no longer possible for her to continue to serve as a member of the Dental Clinic. r" tml 1 Letter was received from the Planning Board Appointment advising that said Board has appointed Fred D. Wells, '35 P Recreation Prospett Hill Road, to serve as a member of the Recusation Committee Committee for a term of two years. A certified list of elig*tbles for appointment Civil as patrolmen'; was received from the Division of Civil Service Service. Police The Chairman reported that Albert W. Koch has List contacted him and stated that he was interested in the appointment. The Chairman agreed to request the Chief of Police to find out whether or not Earl P. Aniar, top man on the list is still living in Lexington. The Chairman read a letter from the Newport Drive - In Restaurant in regard to the situation encountered relative to disturbance by a few teenagers. Letter was received from Mr. Mario Pfaff, on behalf Permit of the May Fair Committee of the First Parish Church, requesting permission to use an amp]ifier outside the building on May llth from 10:'00 AM. until 4:30 P.M. The Board had no objection, and permission was granted. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the following licenses: Village Variety Town Line Pharmacy Woodhaven Country Store Clarence E. MacPhee Chester Fillmore Wm. E. Dunn . Sunday Sales Renewal n n n n n n n n n Peddler 1st Class Agent New Letter was received from John Blackhall Smith, Superintendent of Schools requesting appointment of ten additional Special Police Officers. The list submitted, together with those previously appointed includes all custodians and maintendnce men of the School Department. The meeting adjourned at 10:50'P.M. A true record, Attest: tive /Clerk, Selecti'en Gl. 421 422 SELECTMEN'S MEETING May 2, 1957 Chairman James, Messrs. Maloney, and Tucker, met :.i on° . Thursday, May 2, 1957 at 5:30 P.M. for the drawing of eight jurors. The meeting was held in the office of the Town Clerk. George F. Chickering, 7 Patterson Road; Bradley E. Malone, 255 Waltham Street; John Bresnihan, 103 Wood Street; Richard F. Phelps, 34. Fair Oaks Drive; Albert G. Behnke, 124. Map a^Street; Kenneth G. Grinnell, 4.0 Reed Street;; Benjamin A. Iodice, 133 Burlington Street and Stephen G. McConnell, 6 Welch Road were drawn for jury duty. The names of the jurors drawn were submitted to the Executive Clerk to the Board by Mr. Carroll, Town Clerk. tiveCler1€, Selecen ef` cxt 1 SELECTMEN t S MEETING May 6, 1957 A regular meeting of the Board of Selectmen was held in the Selectman's Room, Town Office Building, on Monday evening, May 6, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Gayer submitted bulldozer bids as follows: Morrisey Brothers Allis-Chalmers Model HD- 11B Diesel Tractor Allowance, Caterpillar D-4 Tractor Canopy Top Terms: 1% next Town pay day Clyde Everett 1 International Diesel Crawler Tractor, Model TD -14. Allowance, Caterpillar D4 Tractor Semi -enclosed c• ab Terms: Net Perkins -Milton 1 Caterpillar Model D6 Tractor Allowance, Caterpillar D4 Tractor Terms: 2% cash in 10 days $18,080.00 2,29.00 1 ,7 .00 20.00 1- 6-;205-A0 162.00 16,043.00 18,732.00 2,732.00 16,000.00 10.00 10.0 18,430.00 1,000.00 17,430.00 8.60 I- f , 0 The Chairman as• ked if the bids conformed to the specifications and Mr. Gayer replied in the affirmative. Upon motion of MF. Maloney, seconded by Mr. Reed, it was unanimously voted to accept the low bid submitted by Morrisey Brothers. Bulldozer bids 424 Mr. Gayer said that he had checked the hours maintained by the personnel in the Engineering Department and received various and sundry reports. However, effective this week the hours have been definitely established from 8:00 A.M. to 5:00 P.M. Mr. Maloney asked if Mr. Gayer thought some- one should be held responsible and he replied that Engineering is one reason why he wants an Assistant Engineer. Department That individual would be responsible. The Chairman asked who is in charge now, and Mr. Gayer replied that both he and Mr. John Carroll have been covering it. Mrr Maloney said he thought Mr. Carroll should be in charge until a change is made. He pointed out that it would not be advisable to delegate the responsibility to a new man until his capabilities were known. Mr. Gayer presented a plan prepared by Metcalf & Eddy, made in connection with a study in 1936, showing the area Ampolo wants to include in.his new subdivision. He indicated where the subdivision would be and said that there are about 215 acres in the area with the shading. He said the study made by the Town actually called for a l4.8u pipe which was based on a five-year average storm. he said when this is drained as it should be he felt this size is required. Ampolo Mr. Reed said that a burden is being put on drainage the builder and he did not think he should be re- sponsible for such a large size drain. Mr. Gayer said he thought he should and said it is the developer's responsibility. Mrs.•Morey said that the Town has been allowing the subdivider to drain just the piece of property • being subdivided and not caring where it is dumped. They do dump excess water. Mr. Maloney said that a few years ago the Town tried this with Ryder and paid a substantial amount for damages when water from town streets went through his property. He said the Town has no right to dump water on a man's land and if the Town changes the direction of the water, it is responsible. Mr. Gayer explained that when a water way is changed an easement must be obtained. Mr. Maloney said that the Town has never won a tase for water damages, and the Chairman said that may be one reason for a large pipe. 1 42 Mr. Reed said he was natopposed to the large pipe, but the Town is -draining the back area which is not part of the man's land. Mr. Gayer explained that it is a natural water course. The Chairman asked if Mr. Gayer meant that if a man purchases a piece of land and there is a brook, in order to avoid trouble himself, he must find a wa$ to take care of the brook no matter how much water goes through or where it comes from. Mr. Gayer said that was correct. - Mr. Reed said that the Town accepted those streets and is dumping water on his property. Mrs. Morey asked if the Public Works Depart- ment determined the size of the drains when the subdivider obtained approval from the Planning Board, and Mr. Gayer replied in the affirmative. Mrs. Morey said she was wondering if the Planning Board should not have something to follow through so that one person would not have to bear the entire burden. Mr. Stevens arrived at the meeting at 7:55 P.M. Mr. Tucker said that water has been draning here for Some time. He purchased the land with the condition existing,•and the Town has not made any change since he purchased the land. Mr. Maloney said the Town is dumping water there and Mr. Tucker stated that was being done before. Mr. Maloney said that when the Town accepted the streets it accepted'the responsibility Mr. Reed said he felt the drain is needed but could not see the owner paying for the large drain. Mrs. Morey inquired as to the difference in -cost between a 2L." drain and a 42" drain. Mr. Gayer explained that a 42" -drain costs $9.20 per foot for material and $2.75 for labor. A 24)' drain costs $4.65 per foot for material and $1.65 for labor. Mr. Stevens said that the Town would have to go into this thoroughly to determine whether it is or is not dumping Water and what arrangements can be made. The Chairman said that the Board needs to know more than it does at the present time to make a decision. Mr. John BY.ucchi, 63 Paul Revere Road, met with Brucchi the Board•.and discussed at length the subject of a complaint florist business which he claimed was being operated by Mrs. Adams, 69 Paul Revere Road. 426 Mr. Stevens explained that the Board of Selectmen can do nothing about the situation. He said he ' supposed the best action to take was to bring pro- ceedings against both Mrs. Adams, and Mr. Brucchi for conducting a landscaping business from his address. He said he personnally felt that what Mr. Brucchi is doing constitutes carrying on a business and he could not recommend to the Building Inspector to proceed against one without going against the other. Mr. Maloney said that nothing could be accomplished by further discussion and Mr. Brucchi retired at - 8:45 P.M. Mr. Charles Dwyer, 15 Freemont Street, met'with the Board relative to a sewer betterment assessment in the amount of *11.15.00 on property at 172 Cedar Street. Mr. Gayer presented a sketch of the loot in- volved and Mr. Dwyer explained that there are four lots fronting on Cedar Street. Mr. Reed asked if there was a house on the ' property and Mr. Dwyer replied that there is an old Dwyer shack there which was condemned about ten years ago. sewer Mr. Reed asked if it was open land and Mr. Dwyer. betterment replied in the affirmative. The Chairman asked if he was Milting to have some- thing dpi%e about the sewer betterment in view of'the fact that there is not a house on the property and Mr. Dwyer replied in the affirmative. Mr. Dwyer said that this land has been in his family for over forty years. Mr. Reed explained that the Board could defer the betterment without interest and asked if the land was in his name. Mr. Dwyer replied that it is in his mother's name. The Chairman explained that in some instances it is possible to grant deferment of the amount faith- out interest for a period of three years, but he was not at all certain whether it is proper to do it in this particular Dass. Mr. Stevens explained that if the property is built upon, the full amount would be due. At present, it can be spread over period of twenty years. 'He also explained that at the end of the three-year deferment period the full amount would be due unless deferrednfor another three-year peridd at Which time it would all be due, and could not them be spread over a period of years as it can now. C"' 1 The Chairman said that there is no possibility of abatement, but the Board could defer it for three years without interest. He explained the proper . course would be for Mr. Dwyer to write a letter and asked who was the executor. Mr. Dwyer replied that no one has been appointed. Mr. Stevens said in view, of that Mr. Dwyer is not in a position to request deferment. Mr. Dwyer said that he has paid taxes ever since his mother died ten years ago. Mr. Stevens asked if he was the sole heir and he replied that he has seven sisters. Mr. Stevens explained that the ownership is. amoung them all. Mr. Reed asked how he happened to get the_tax bill and Mr. Dwyer explained that it was sent to his sister and forwarded to him. Mr. Stevens explained that on record his mother is the owner as far as the Town is concerned. Actually there are eight owners and one owner alone is not in a position to request deferment. He said if Mr. Dwyer could get them all to sign a letter. and send it in the Board could consider it. Mr. Dwyer` retired at 9:00 P.M. Mr. Stevens said, he had three contracts to be signed with Whitman & Howard; street construction, including all utilities; sewer and water. The contracts were signed by the Board and taken by Mr. Stevens. Mr. Stevens referred to the Susi & DiSantie contract and explained that Mr. Antonio Busa created a twenty -foot strip at the end where he has Lot A which he conveyed to the Boston Edison Company for a sub -station. It is necessary to get into. Boston Edison to reach a manhole. Edison already has full easement rights in a forty -foot strip. . Mr. Tropeano called today to say that Mr. Busa is willing to grant the easement but he wants some- thing in writing to the effect that there is not going to be any betterment charge. Mr. Stevens informed Mr. Tropeano he was not aware of that and he could not see that Mr. Busa is losing anything. Mr. Snow says this will become a street. Mr. Busa understood that.there would be -no betterments and wheh the houses come in for connection, -there would be no connection fee. Contracts 428 Mr. Reed said that Mr. Buse understood from John Carroll that there would be no betterment charge. He explained to Mr. Busa.that was incorrect and if there were no betterment charges there would be connection charges. lir. Busa did not under- stand that. Mr. Gayer said in talking to Mr. Anthony Buss he was told that there would be no betterment charge. Mr. Reed said that there had been discussion about no betterments but there would be a connection charge. Mr. Stevens explained that the connection charge is usually on the basis of what the betterment would have been. He said this is something for the Board to decide. What it means in a sense is that. the Town '• pays him for the easement the amount that otherwise would be a sewer betterment. Mr. Reed said that Mr. Busats land is being bettered but he is permitting the Town to put the sewer in his land. Buse Mr. Stevens said the Town would have to get it sewer by grant or by taking. He said he thougit Mr. Busa betterment would have difficulty in establishing damages'as.long as he has given the Boston Edison Company a right of way in the entire forty -foot strip. He said • that"Mr. Tropeano wants something in writing to the effect that the sewer will be available without any connecting charge. The Chairman said he thought the Town should take the easement and work out an agreement later if possible. Mr. Gayer explained that the contractor is ready to go and this is the low point. Mr. evens presented a plan of Concord Avenue showing/kas in which. the Town needed to get slope Slope easements. He explained that some of the people dont.t easements want to grant the easements and the only way to. proceed is to make a taking. Upon motion of Mrs. Morey, seconded by Mr. Tucker,.. it was voted to sign the slope easements prepared by Mr. Stevens. Mr. Stevens referred to Mr. Tropeanots letter of April 17th re Fuller property, Sunny Knoll. He explained that he has taken this up with !4r. Tropeano and also written to the Assessors, explaining the situation and asking them for their cemments. Crl 1 429 He said after he had heard from them the Board can decide what is to be done. Mr. Reed said he -thought the Board should do something about the so-called Head property, 10 West - minister Avenue. He said before it is offered for Head tax sale the Board should be certain everything is clear. title Mr. Stevens said the property was taken for non- property payment of taxes. Mr. Reed said•he thought the Board should dis- pose of it before it is demolished. Mr. Stevens said he would like to see the Assessors records before the Board advertises for bids. Mr. Stevens retired at 9:35 P•M. Mr. Gayer said if the water pressure goes much lower, one of these days, the ban should be put into operation. He asked, if it became necessary, should he proceed with the ban or contact the Board. Mr. Reed suggested that Mr. Gayer alert the Airport to fill its tank at night. Mrs. Morey said that there is bound to be some rain and the situation will ease off. Mr. Gayer said that regardless of the pressure, the criterion is whether the people have water or not. The Chairm1n agreed and said that when Mr. • Gayer receives complaints he could investigate and if the people do not have water, controls may have to be put on. Mrs. Morey said the Board is meeting from week to week and felt the situation could be handled. Mr. Maloney suggested that some publicity •be given to the subject and Mr. Reed said that Mr. Gayer could reach all members of the Board by telephone if necessary. • It was agreed to have the matter brought to the attention of the public in this week's issue of the Minute -man. • Water Letters were received from the •State Department of Public Works advising that the sum of $10,500 has Chapter been assigned for Chapter 90, Concord Avenue and 90 $1,500 has • been assigned for Chapter 90 maintenance. Mrs. Morey said that there is one parking meter at the corner of Muzzey Street which, if removed, would help the traffic. 430 Mr. Reed said that' the Board was considering no parking on Muzzey and Clarke Streets, and if this is done there will be no meters there. Mrs. Morey said if just the first meter was Traffic covered it would help. control • Mr. Tucker inquired about parking on Grant Street, and asked why the meters were there. Mr. Reed epggested taking them out of Grant' Street and putting them at Emery Park. Mr. James agreed, to discuss the subject of parking on Grant Street with the Chief of Police. Notice was received from the Department of Public Traffic Works advising that a hearing will be held on May 9th Speed for all persons interested in a revision of Special Revision Spped Regulations made in 1953 on Rotte 2A. The Planning Board metvwith the.Selectmen at 10:00 P.M. Mr. GrindXe explained that a section of the so- called Baskin property has been submitted for approval, and the question to be decided is how they are going to get in to develop the land. He said that the Planning Board has discussed, the subject and it seems the best Baskin way is to take the entrance which the Town purchased Development to be'used some time where the road enters and ask the developer to put the land in condition to get the trucks in. The Chairman asked if there were any restrictions on the type of road the Towahas to build. Mr. Grindle said he did not think so but according to the agreement, they will have to start work on the development before the Town will give them a road. Mr. Jaquith explained that it would have to be a Board or Survey road which he supposed was one built to. Town Specification. The Chairman inquired about the distance and Mr. Jaquith said that it tt about 750 feet. Mr. Snow explained that actually Mr. Baskin moved the entrance a good many feet nearer Waltham Street than it was. The Chairman asked if the Town was to build half the length from Waltham Street, and Mr. Snow explained that the Town has to build the entire length. Mr. Jaquith said that it is not exactly equal. ' When the subdivider kit rehehedwtheopbi tt whererheciefin agreement with the Town to build a street of a length 1 431 at least equal to the amount the Town would have to construct on Waltham Street up to the point where they connect, then the Town has to put in a Board of Survey Street. The subdivider has changed the location of the street and brought it close to Waltham Street so the Town is committed to build about 700 feet if they come all the way put tp Waltham Street. Mr. Snow explained that the school drive is not a Board of Survey Street. Mrs. Morey said it was supposed to be and was built of different construction than the other driveways over there. She said that Mr. Burns drew up the 'specifi- cations. Mr. Jaquith said the question is whether the Town wants to have the school drive used for a street for all the traffiocoming down off Ptospect Hill or if the Town wants a seperate street. The Chairman asked how far awayit would be located from the lot the Town owns on Waltham Street and Mr. Jaquith replied about 300 feet. Mrs. Morey asked how far back from Waltham Street and Worthen Road the new development is against the school. Mr. Jaquith replied that it is 750 feet to come from Waltham Street and 250 Feet to come across from the High School. He said as far as the Planning Board can de- termine the Town is not committed to build a street until the subdivider starts construction. He can't start the sub -division without getting his equipment in and with- out a street he can't get The Chairman asked if there was a layout of Worthen Road to Waltham Street and Mr. Snow replied that all he has is a study plan.. Mr. Gayer said that the utilities will have to be brought in from the school street. Water, sewer and drain is in now, but repairs will have to be made on the drain. Mrs. More said that there would be troublecrith;the school drain if all the drainage of the area is going to be fed down to it. Mr. Jaquith explained that the subdivider is going to want to connect to the. main trunk line at the very end of the subdivison.. This involves a question of whether the Town can work out an agreement for an easement in exchange for connecting into the main, trunk line. The Chairman asked if the Town had an easement now and Mr. Jaquith teplied dm the negative. 432 The Chairman said that what the Planning Board is.. pointing out is that whatever the Town is going to do it whould be done quickly and if there is a Town Meeting an appropriation should be included for this. Mr. Jaquith said the access solution should be worked out before the Planning Board approves the plan. The Chairman said the Board should immediately prepare for putting in whatever it wants in the.way of a street from Waltham Street. The Planning Board retired at 10:140 P.M. Further consideration was given to Mrs. Josephine Smith's request for abatement of sewer betterment assess- ment levied against lot 56 School Street. Sewer Mr. Maloney said .that Mrs. Smith could have entered abatement the sewer on Grandview Avenue if she wanted to. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to abate the sewer betterment assessment in the amount of $159.61 against lot 56 School Street. Mr. Gayer retired at 10:50 P.M. The Chairman read a letter from the Lexington Little League advising that the league intends to conduct a Sticker drive on Saturday, May 11th, for a period of about three hours. The Board had no objection. Sticker drive The Chairman read a letter from Chief Rycroft with reference to Earl P. Anair, top man on the Police Civil Service Police list. Mr. Anair has not lived appointment at7i he addreserttven, 144 Bow Street, for at least a year and a pelf. According to information he hass re-enlisted and has an addredd.A.P.O. California. Chief Rycorft was advised by Civil Service that it was Mr. Anair's responsibility to notify Civil Service of his change of addreed which he has not done, and the Board could appoint the second man on the list. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to appoint Albert W. Koch, 15 Oxford Street a patrolman„ Lexington Police Department, effective May 3r; 1957. Letter was received from the Middlesex & Boston. Street Railway Go. requesting a license to operate motor vehicles for transportation of passengers for 1 hire from the junction of Watertown and Pleasant Streets via Pleasant Street to Concord Avenue, thence via Concord Avenue, Hutchinson Road, Webster Road, Stearns Road, to Pleasant Street, thence via Pleasant Street to the Concord Turnpike, Route 2. The Chairman was requested to contact the petitioner to find out why the busy route is being proposed and how often the buses` will run. Consideration -was given to letter on behalf oP the Bay Circuit Historic Tour Committee relative to the appointment of a Chairman of Publicity and a Sign Chairman. Mr. Tucker said it seemed to him that this is more of a Chamber of Commerce activity than one for the Board of Selectmen. It was agreed to designate Robert J. Sherman, Chairman of the Publicity Committee and Mr. Aiden L. Ripley as Sign Chairman. Letter was received from the State relative to Civil Defense Operation Pre -Alert 1957. The Chairman was authorized to contact Mr. Purington and obtain his recommendation on the subject. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was' voted to appoint the following custodians and Special maintenance men in the public schools Special Police Police Officers for terms expiring March 31, 1958: 433 Bus route Appoint- ments Civil Defense Edward Stevens - Maintenance .'Oscar Heimlich - Hastings Walter MacDonald - Fiske Duncan Swan - Harrington Thomas Bentley - Munroe John Blodgett - High School Joseph Gallini - Fiske Clyde Hayne - Junior High Arthur Linfield - Junior High • Stephen Lichtenberg - High School Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the following licenses: Lexington Cab Co. Joseph DeFelice Vernon S. Rivet Benjamin W. Berman 11 Depot Square 81 Westview St. Bedford 13 Mass. Ave. Public Carriage Peddler Junk Dealer It n Letter wns received from Daniel J. Donohue, who is in charge of the Antique Show to be conducted in Cary Hall on May 21st -24th, requesting permission to display a banner b' x 4' over the doorway with the words "Antique Show" or a sign 3' x 4' on the lawn. (Rent.) n n Sign 434 The Board had no objection to the sign, but denied the request to display the banner. Mr. Tucker suggested, and the Board agreed, that Sign the Public Works Department have a sandwich sign made, ,:: about three feet square, to be used by groups conducting activities in Cary Hall. The Chairman reported that a Mr. Piggott called him on behalf of Mr. Alfred Iodice who wanted to purchase tax title lots 21E and 25 Marvin Street. The reason Mr. Iodice wants to acquire them is to prevent anyone else from purchasing them. He explained to Mr. Piggott that the Board had decided not to dispose of these lots and under con- ditions where there is no: water the only way the Boar$' ever sold tax title lots such as these was to restrict Tax title the deed to no building on the land. lots Mr. Maloney said he did not think the Board should reverse its decision at this time. The Chairman said that Mr. Piggott wanted to know the Board's reason for not selling the lots and M. Maloney said now, as before, the Board believes it to be in the best interest of the Town not to sell the*. Mrs.. Morey referred to Mr. Clarence Walker's re- quest for water and asked if this would be placed. on the list. Water Mr. Maloney explained that if the Town put in water there would be a betterment charge. In some instances the Town lays the pipe and charges the amount it would have to cost to put in a 2" service. He said the $500 amount was for the complete job and Mr. Walker was willing to pay for it. The Town is putting a main up just as far as his lot and it can be carried at a later date if needed. The meeting adjourned ar 11:25 P.M• A true record, Attest: �l, /�/ axe tiv blerk,'Selo camen cL- 1 BID OPENING, May 13, 1957 special meeting was held in the Selectmen's Room, Town Office Building, on Monday, May 13, 1957 at 5:.0 P.M. for opening bids for demolition of toner=te tank, Contract No. 2 and sewer, Contract No. 3. Chair =n James,,Messrs. Gayer, Carroll, Kraynick, Mr. Howar• and the Executive Clerk were presnt. ids for Contract No. 2 were opened and read by Mr. H.ward as follows: Ameri•an Building & Wrecking Co. Inc. Boston $11,500 Josep A. Jacobs, West Peabody 19,000 Alan tray Co., Arlington 13,720 Corey Steeplejacks,'Lowell 13,850 11 bidders submitted certified checks in the amoun of $500. he Chairman explained that the Board would take the b ds under advisement and inform the bidders of its d:cision. Mr. H ids for Contract No. 3 were opened and read by ward as follows: Boned=tto Bros, Inc., Wakefield With Alternate Georg: Brox, Inc., Hudson With Alternate J. DI mico, Inc., Dorchester With alternate Pitt onstruction Co. & hil Rando & Co., Lincoln With alternate H. DiTullio & Sons, Inc. Hyde Park With alternate $95,730 95,730 74,682 73,057 96,225 96,225 81,550 79,925 101.350 98,100 405 Demolition of concrete tank 436 Susi & DiSantis Co., Inc., Hyde Park *87,870 With alternate 87,870 C. DiMa±tino & Sona, Hyde Park 107,075 With alternate 107,075 J. W. Construction Co., Inc., Dorchester 102,150 With alternate 102,150 D. M. Bernardi, Inc., Wellesley Hills .96,210 With alternate 91,225 Z & S Construotion Co., Inc. 82,700 ;. With alternate 81,075 Richard White Sons, Inc., West Newton 96,002. With alternate 96,002 Quinton Vespa Co., Newton Center 99,062 With alternate 92,562 A11 bidders submitted certified checks in the amount of 1500. The Chairman said that when the Board has made its decision the bidders would be -notified. The meeting adjourned at 5:30 P.M. A true record, Attest: c ( tivlerl�, Selec r 1 SELECTMEN'S MEETING May 13, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 13, 1957 at 7:30 P.M. Chairman James, Mr. Tucker end Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk„were also present. Mr. Gayer presented a sketch showing Waltham Street, the High School drive,: Worthen Road extension as planned at one time and Lot A on Waltham Street; now owned by the Town. He said the figures he had relative to the develop- ment of the so-called Baskin property and the road are only estimates. He reported that a thirty-foot pavement and water from Waltham Street figures about $23,500. The Chairman inquired about the length and Mr. Gayer replied that it is approximately 500 feet. Mrs. Morey asked if it was for sewer, water and drain. Mr. Gayer said it included those plus pavement and supervision. He broke the -total down in the following amounts: Fill $10.00 Excavation 7.50 Pavement 4.25 Drain 205' 6.00 Relaying part of 8” drain Water from Waltham Stree, $8.00 per foot Sewer per It " foot " I1 Land damages & Contingencies, 10% Engineering, 1O% $5,000 3,750 2,125 1,500 1,50o 4,000 1,500 19,375 1,937 21,312 2 13 1 23, 3 Mr. Tucker said it seemed to him unwise to make this a through traffic •artery. Mrs. Morey inquired where the drainage would go and Mr. Gayer replied that it will go into the 8 drain. Mrs. Morey said that there is another drain which needs to be checked which goes over and across Waltham Street, a natural' drain which used to be a little brook. Mr. Gayer said he would be glad to check it. Mr. Stevens arrived at the meeting at 7:45 P.M. 437 Estimate on Baskin dev. Waltham St. 438 The Chairman said this would have to come into the Special Town Meeting and asked Mr. Gayer if this figure•was accurate enough to use for an appropriation. Mr. Gager said he would like a little more time, another week to recheck amd make sure that the figure is about right. Mrs. Morey asked if the layout of the Barkin land had been approved by the Planning Bpard and Mr. Gayer replied that he did not know. It was left that Mr. Gayer would bring in a firm Figure next Monday nighty one that can be used in requesting an appropriation. Mr. Gayer presented a plan of Oak Terrace, now called Bruce Road and said he understood the Town owns two lots there that are for sale. He said ' Bruce Road has been accepted to a point, indicated on the plan, but the Town has paved it and there is water down to Hillside Avenue. He said he was Tax title guessing that.a portion of the street will have to be accepted at a Town Meeting, but it is `already constructed. He said it was built in 1954. He said he was calling, this to the Board's attention to make sure that the two tax title lots are not sold as some- one has been inquiring about them in the Engineering Department. The Chairman read a letter from Mrs. Commons, 402 Bedford Street, stating that'she has not been in- formed of the amount of the settlement of her claim for damages regarding the sewer easement through her... land. She daid that she noticed from the Annual Town. Report that one of the pearb cases was still pending and asked if the other one had been settled. She also enclosed a letter from the Board of Health Commons' stating. that there is no reason why she cannot at claim for this time connect her property to the Town sewer. damages Mr. Stevens showed the Board a taking plan of sewer the property involved and said there is about 585' easement across Buttrick's land, 100' across Commons'and 600' across Barnes' land. He mentioned that the Buttricks settled for $600 or $1.00 per foot, and said that Barnes has not settled. He said that` there was some confusion and the Board did state just about what she says in her letter. At that time he advised the -:Board that no arrangement could be made because each parcel of property was different 1 Band the Town could not pay her more that a fair value. 'She has a long lot and there is not a thing she can db with thecback land. Dr. Barnes does have a chance of doing something with a subdivision in the back. He said he thought the Board could advise her that the Town will pay her a $1.00 per foot and suggested ithat the Board credit her with $100 on the connection charge. Mr. Gayer reported that the estimate for the con- nection is $200. The Chairman asked if he knew what the betterment was and Mr. Stevens replied that is more anyway. Mr. Stevens said—that he has not written to Mrs. Commons and perhaps the best procedure would be to have someone meet with her and go over the matter. He said she could come in some' Monday night and discuss it. The Clerk was instructed to remind Por. Stevens that he is going to write her to meet him some night. Mr. William Roger Greeley met with the Board at 8:00 P.M. He said his firm made an outline of some pro- posed planting and presented a sketch. He said their most important planting of all would be a wall of green connecting the whole thing, and making a courtyard to shut out the parking space. He said they think it is important to have this go in in the winter. He said if an arborvitae is planted it will be good for twelve mdnths. He said they would like a connecting wall of green with a path coming through and in their judgment this would add a lot to the beauty of the entire setup. He said as far as the green gumdrops are concerned, they would thin out the planting here now and put some over here, indicating on the plan, and perhaps add a little. He said they would let it be natural as it grows which would save some attention. He said if the Board wants to consider this, hiss concern would like to consult a nursery or nurseries and get'competative prices on setting this out. Mrs. 1Torey asked if this was in the province of the Town Office Building Committee and said the Committee's funds should take care of it. Mr. Greeley said this, here pointing to the sketch yes, but not the rest. He said it becomes a matter of co-operation, and the Board could direct him later. He said the season is very advanced and he thought it would be better to wait until•next Fall. 439 Planting plan for T own Office Bldg. 440 J He asked if he would leave the matter up to the Board an await instructions. The Chairman replied that, at this point, the Board would want some figures and then it would have to deter- mine where the money will come from. He said it may be necessary to request an appropriation at a Special Town Meeting. Mr. Greeley suggested that the Board write his concern a letter advising that it approves in general the scheme and would. like some estimates of the cost. He said however, now is no time to obtain estimates if the work is to be done in the Fall. The figures now would merely give the Board an idea. He said he is one of the three partners and would like to have a letter from the Board. Mr. Greeley retired at 8:15 P.M. Mr. Alexander MacMillan and Mr. Donald Irwin, Building Inspector, met with the Board. The Chairman said he understood Mr. MacMillan had a problem in view of the fact that he purchased sbme property on Sylvia Street which he has been, fixing up and"riow finds it is within a couple feet of town property. Mr. MacMillan said it is about two feet on town land. Mr. Irwin said the piece of proderty owned by Mr. MacMillan is the old synagogue: which he purchased and then requested, permission to convert it into a two-family house. He said this was a Board of Appeals case. The plot plan in the Engineering Department and the one Mr. MacMillan presented shows a two -foot side yard on 'one MacMillan side and six on the other. He said he did not know how property or why Mr. MacMillan found out it is two feet over.__ Sylvia St. Mr. MacMillandsaid he started to make a driveway and took a tape/measured from the line and forty feet came in about eight inches from the corner of the house. He said the eaves project one and a half geet. The Chairman asked who owns the adjoinng lot and Mr. Irwin replied that it is owned by the Town. He said the Town owns half of lot 17 and the synagogue people had a driveway on Town property. The Chairman said, accroding to the plan presented by Mr. Irwin, that the Town"owns a full forty foot lot and half of lot 17. Mrs. Morey asked what was on the other side of • the land ew..ied by the Town and Mr. MacMillan replied that there is a new house there. 1 441. Mr. Tucker asked what Mr. MacMillan wanted the Board to do and he said he would like the rest of the half lot. The Chairman said, in other words the twenty foot strip, the rest of lot 17. Mr. MacMillan said half of the half lot would be all right. Mr. Irwin suggested first having the lot lines veri- fied. Mir. Gayer said he thought the Town could survey this property. The Chairman said that could be done and then pre - s ming it turns out to be as shown on the plan, the Board h s an alternate of leaving the situation as it is or d sposing of the rest of lot 17 or the rest of lot 17 and 18. Mr. Irwin explained that Mr. MacMillan is interested in obtaining enough area for a driveway. Mr. Tucker asked if he wanted ten feet, twenty feet or what. Mr. MacMillan said he would like half of the half lot. The Chairman said the Board would haveoa survey made to make sure the boundaries are correct and then de- cde what can be done about the ten ortwenty foot strip aid let him know. Mr. MacMillan asked what the Board would want for tte land and bhe Chairman replied that he did not know. Hp said the Board would have to check and find out what it has asked for lots of a similar size in that area. Mr. Tucker pointed out that if the Board advertises tis property for sale and someone comes in it would have to be sold in one piece and then Mr. MacMillan might not get what he wants. The Chairman said that if Mr. MacMillan is interested ii. acquiring lot 18 and that half of 17 he should send the Board a letter with a bid. Mrs. Morey asked if that shouldn't wait until after the survey is made. The Chairman said that should cone first. Mr. MacMillan said that property has cost him so much now he does not want to spend too much on it. The Chairman said that the first step would be to determine the boundaries and then see what can be done bout the ten reet that Mr. MacMillan is interested in. F$e said when the durvey has been made the Board can look into the sale of lot 18 and the remainder of lot 17. Messrs. Irwin and MacMillan retired at 8:30 P.M. 442 Mr. Leonard Jellis, Sr., 115 Reed Street met with the Board. • He said back in 11853, Plan Book 1,' Map 16, Reed Street is shown as a County Poad layout. Then that property was sold to the Meagher people, and they made a real estate development, Book 77, Page 2L, owner, Mark 0. Meagher. They extended Reed Street from what is now Ash Street through to Center Street and left.a triangular piece of land, assessed to no one since 1892, which,is noir large enough for anyone to use. He said he wants the Board to assess this piece of land to the abutters, who are in agreement to taking over the frontage..He pointed out on a plan what he thought was old Reed Street but said that there is no name on it. He pro- posed that the Board carry out Laurel Street through Jellis re: on paper and discard this piece of road entirely which triangle at is only a piece of dirt road. He said the wind up there Reed St. is west and he gets all the dust across his land. He said this piece was picked up by the Assessors in 1951 and assessed to Meagher and is now in the hands of the Town Clerk for foreclosure. He said he wants it assessed to the abutters. The Chairman pointed to the plan and asked what the piece was that Mr. Jellis claims is not Old Reed Street. Mr. Jellis replied that it was a driveway into tha Hammond Reed istate. He said in 1775 on card one, map one, Reed Street was shown as a County Road, but as a County Road it went no further than Ash Street. • The Chairman said it would be hellifu1 if this piece was now in Mr. Carroll's hands for foreclosure. Mr. Stevens agreed and said that it could then be sold. The Chairman said that something would be done and Mr. Jellis retired ab $:55 P.M. The Chairman read a letter from Dexter A. Smith, Street 55 Hancock Street, requesting the Installation of a light shield on the street light at the corner of Hancock shield and Adams •Streets. The request was referred to Mr. Gayer. The Chairman read a letter from Leo Savage,advising House that Mr. DeVries, who built his house officially number listed the house as 3 Russell Road. Eowever, the front of the house is facing Whipple abad:s.nd he would like to have his house number changed to 1 Whipple Road. The request was referred to Mr. Gayer. The Chairman read a letter from Dunn Ford Sales applying for a transfer of license to store motor fuel. Mr. Stevens said he would advise the Clerk in the morning whether or not hearing is required or if the license obtained by Mr. Childs goes with the land. The Chairman read a letter from James E. McCarthy, President of the Woodhaven Associates, requesting per- Street mission to conduct a street dance on Munroe Road, Friday, Dance May 25th between 8:00 P.M. and midnight. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the request. At 9:10 P.M. Chairman Grindle, Messrs. Jaquith, Soule, Burnell and Snow met with the Board to discuss the proposed Filene shopping center. Mr. Jaquith presented a geographical plan showing the area Filenes have come up with and would like at the moment. He said the Planning Board is not convinced that it should, come within 250' of Shade Street. Filene's have in mind the possibility of putting in a restaurant. He explained that if the property is re -zoned they will not try to get any' damage from the State on the basis that it was business property. Mr. Stevens said before it is re -zoned_ the Town should get a letter from the Department of Public Works. The Chairman referred to the Hayden property end Mr. :Jaquith explained by use of the plan that the Planning Board is concerned about a sharp drop off. He said the Board has not discussed whether this section will be approved or not but personally he thought it might as well go in the areas. Mr. Jaquith read through ihht the Planning Board has drafted, which has been re -drafted by Filenes and re -drafted by the Planning Board. Following a lengthy discussion, the Chairman said he would like to have the points of difference listed and taken up one at a time and then decided upon. Mr. Jaquith agreed and the Planning Board retired at 10:40 P.M. Mr. Stevens and Mrs. Morey discussed land to be 443 License 444 acquired for the new Junior High School. Messrs. Stevens and Gayer retired at 10:55 P.M. The Chairman read a letter from Charles F. Kitching, representative of the State Mutual Life Assurance Company - of Worcester advising that he would like to serve•on the Insurance committee to study group Insurance for municipal employees. Committee It'was agreed to refer the letter to the Moderator who was authorized and directed by vote of the Adjourned Town Meeting'in March to appoint such a committee. Letter was received from James F. Flynn, on behalf of the Lexington Senior High School Parent-Teacher Assoe- elation, requesting permission to operate concessions on the playground at Parker Field for "Spirit of Lexington Day", Saturday, May 18th. The Board -had no objection. The Chairman reported that he had called Mr. Walsh. president of the Middlesex & Boston Street Railway Com- pany, in regard'.to petition for a license to operate motor vehicles in the Minute Man Highlands area. Bus The petition was instituted on behalf of the residents license and the company has agreed on a trial run for thirty days. There will be just one bus that presently goes down Pleasant Street to Harvard Square. The bus will go in in the morning and come out in the afternoon one trip each day for a. trial of one month. Upon motion of Mrs. Morey, seconded by Mr. Tucker. it was voted to issue a license to the Middlesex and '' Boston Street Railway Company to operate motor vehicles for the ferriage of passengers for hire ups certain ways or streets: in the Town of Lexington as follows: From the junction of Watertown and Pleasant Streets via Pleasant Street to Concord Avenue, thence via Concord Avenue, Hutchinson Road, Webster Road, Stearns Road to•Pleasant Street, thence via Pleasant Street to the Concord Turnpike Route 2. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to re -appoint Harold E. Roeder to the Board of Fire Commissioners for a three-year term Appoint- expiring May 1, 1960. ment 1 445 The Chairman said he was instructed by the Board to speak to Chief Rycroft about parking on Grant Street. Illegal He was advised by the Chief that this would be the last parking time he would discuss the subject with the violaters. He has spoken to them half a dozen times. The Chairman reported that Messrs. Donald G. Colony, Paul A. Buckley and A. Edward Rowse have been appointed Appoint - to the Appropriation Committee for three year terms ex- ments piring with the final adjournment' of the Annual March Meeting in 1960. Mrs. Morey reported that the two School Building Committees have decided upon September 16th as the Town date for a Special Town Meeting. Meeting Letter was received from David F. Toomey, Commander V.F.W., requesting permission to solicit the sale of "Buddy Poppies" on May 24th and 25th. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the request. Permit Mrs. Morey submitted the names of Nishan Haroian, 353 Concord Avenue:, and Luella D. Wadsworth, 25 Hayes Dental Avenue, for appointment to the Dental Clinic. Clinic Letter was received from Howard Whitmore, Jr., Mayor of Newton, requesting the name of a Lexington official whom the Board thought should'be the municipal representative and identified with the proposed regional organization to cope with the regional problems in the Metropolitan area. It was agreed to ask Mr. Reed to represent the Town df Lexington. The meeting adjourned at 11:20 P.M. A true record, Attest: Met. area represen- tative 446 Jurors Road in connection with Baskin development SELECTMEN' S MEETING May 20, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 2Q, 1957 at 7:30 P.M. Chair- man James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll', Town Clerk, met with the Board fdr the drawing of three jurors. The following individuals were drawn for jury duty: Warren E. Henderson, 169 Blossom Street; Leonard F. Milgate, 60 School Street and Robert H. George, 1614 Spring Street, • Mr. Carroll retired. Mr. Gayer referred to the so•called Baskin' development,.in the area 'of the new Senior High School, and submitted an estimate of $23,500 for water, sewer, drain and paving to new7ahighway coning in from Waltham Street over the lot now owned by the Town. His estimate was based on a thirty-foot pavement and he pointed out that the present strip of Worthen Road is approximately fifty feet wide. Mrs. Morey said that she thought Worthen Road is too wide. Mr. Maloney explained that'Worbhen Road was to be a highway across Tama and the Board didn't want to have to widen it at a later date. The Chairman said that he understood the Town is required to buildthe road when the developer has built an equivalent length of the accepted street. Mr. Gayer explained that Mr. Stevens has the agreement, but that was his understanding. The Chairman said that the developer cannot get in to build anything until the Town builds a road and Mr. Gayer agreed. The Chairman said that the only differences it makes to the Town is whether it is done first or second and in either event it will cost the tame amount." On the other hand, it might be possible to get some help from the developer in orddr for him to get his equipment in. team 1 447 Mr. Maloney said he thought the Town was obligated to make it possible for the developer to get in. Later in the evening, the Chairman advised Mr. Stevens that it was his recollection that the Town is required, under the terms of the agreement, to put in a road when the developer has built a road of equivalent length. Mr. Stevens read the following excerpt from the Agreement. "Work on the said right of way, referred to in paragraph one of this Agreement, and on the said Board of Survey Street, referred to in paragraph two of this Agreement shall be commended only when the said Lexington Estates Trust or its successor in title has procured the approval of the Lexington Planning Board of plans for the layout and development of the remaining land of said Lexington Estates Trust, and has procured the approval of the Board of Survey of the Town of Lexington of plans showing a pro- posed Board of Survey Street on said remaining land of Lexington Estates Trust that will meet the Board of Survey Street to be constructed by the Town of Lexington from Waltham Street, said street or other streets to be con.. structed by said Lexington Estates Trust as shown on said Board of Survey plan to be at least equal in length to the Board of Survey Street to be constructed by the Town of Lexington, and has entered into written agreement with the Town of Lexington for the completion of said street or. streets or an agreed portion thereof and has actually commenced -work under said Agreement." Mr. Reed asked if the Town had to make a road passable for the developer at this time and Mr. Stevens replied in the negative. He said they do have access through the other end and whether it is a practical access or not, they can get into it but not very con- viently. They might find it easier to travel over the road the Planning Board would select as the road to be built by the Town. He said they might find it more convenient and less expensive. He explained that there is no requirement as to when the Town shall complete it. If the developer comes in the other way and starts construction, then the Town starts construction. He said the thing to do is to determine where that' road is to go, and then provide funds to proceed with it. The Chairman said that means a Town Meeting, and Mr. Stevens said he did not know whether there was 448 going to be a Town Meeting in June or not. Be said he did,not think the Board would want one in June and one in September. Mr. Gayer presented the Chairman with a summary pf bids received today for three 2 -ton dump trucks, one it-ton:p..ickup truck and one 3/14. -ton pickup truck as follows: Rowe -Jackson Chevrolet Three 2 -ton dump trucks 414,073.66 Less trade-in allowance ...4.012241 Total- three units , One i -ton pickup truck 1,988.77 Less trade-in allowance Tote' - one unit1,5604-.5 One 3/4 -ton pickup truck 2,273.48 Less trade-in allowance 6i 67.32 Total one unit Total 5 units X13,912.76 Truck Sales & Service (Dodge) Three 2 -ton dump trucks 12,617.43 Less trade-in allowance 1,500.00 Total - three units One i -ton pickup truck Less trade-in allowance Total - one unit One 3/4 -ton truck Less trade-in allowance Total 5 units International Harvester Co, Three 2 -ton dump trucks Total One 1/2 -ton pfiakkp truck One 3/4 -ton pickup truck 11 1,739.00 200.00 1,539.00 1,936.00 200.00 1,736.00 *14,442.43 *11,500.00 No bid No bid 1 449 Automotive Service Co. (GMC) Three 2 -ton dump trucks $12,450.00 Less trade-in allowance ___E142 Total - three units11.77.5.00 One 1/2 -ton pickup truck 1,755.00 Less trade -in allowance 1 .00 Total - one unit , . One 3/14. -ton pickup truck 2,000.00 Less trade-in allowance 1 0.00 Total one unit 1, 0.00 Total 5 units G.M.C. Truck & Coach Div. Three 2 -ton dump trucks One 1/2 -ton pickup truck One 3/4 -ton pickup truck Total 5 unite Less allowance 5 units $15,225.00 12,339.00 1,656.98 1,850.94 15,846.92 80.00 15,366.92 Mrs. Morey asked if Mr. Gayer felt all the trucks were comparable and he replied that with a standard make, it is all quality.merchandise. Mr.. Gayer explained that there are three 1941 Chevrolet dump trucks, a 1948 Ford dump truck a 191x.9 Chevrolet dump truck, a 3:941 3/11. ton pickup truck and a 19118 Ford 1/2 ton pickup truck. Mr. James asked if there were bids received from Ford and Mr. Gayer, replied that he talked to tham a'ter the bids had been received and they had forgotten about them. Mr. Maloney explained that he has tried the smaller make trucks and has not been satisfied. However, if the Town asks for specifications and the bidders meet them it is almost obligated to purchase from the low bidder. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to accept the bid submitted by Rowe -Jackson for five units at a total price of $13,912.76 450 The Chairman redd a letter from Whitman & Howard' in relation to the bids received May 13th for demoli- tion of the concrete tank and sewer work. The low•bid for demolition of the tank was sub- mitted by the American Building & Wrecking Co, in the: amount of 411,500 which is 41,500 above the appropria tion. Whitman & Howard reported that this is sin:old reliable concern and 411,500 is the best price to be had. It vas their recommendation that the Board try to get additional funds as soon as possible due to the fact that the steel for the tank is due this Fall and the new foundation must be built in the meantime. The Chairman said that the Board could ask for a transfer or request an appropriation if there is a Demolition Special Town Meeting. of concrete Mr. Stevens said the latter could be done only if tank the low bidder would hold his bid open. Mr. Reed said that if a transfer is requested, it could be done right away. Mr. Stevens left the meeting'at 8:05 P.M. It was agreed to request the Appropriation Com- mittee to transfer the sum of $1500 from the Re - Transfer serve Fund to enable the Board to accept the bid and enter into a contract for the demolition of the con- crete water tower. In the matter of sewer work, Whitman & Howard recommended accepting the alternate bid of 473,057 submitted by George Brox, Inc. By using the alter - Sewer nate,, there will be a saving of $1,625. bid Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to accept the low bid submitted by George Brox, Inc. for Sewer Work, Contract No. 3, using the alternate of 473057'.0. • At 8:00 P.M. ¥r. Lionel Lynch met with the Board.? He said he would like to know why he was let go .as an employee of the Highway Department. The Chairman asked if he had been told and he' replied that he did not understand what Mr. Gayer told him. The Chairman explained that the position the Board takes is that it hires department heads to Operate the departments. Be said that the Hoard of Selectmen has neither the time or energy to take care of details, and that is why it hires depart- ment heads. He explained that if a department 1 Mdggee eagof illnaldiab 8 gttl.gaag£3i8R1 sigui$i$e he did not believe anything could be accomplished by discussion this evening and if Mr. Lynch wanted to talk`to Mr. Gayer tomorrow that is all that can be done. Mr. Lynch retired at 8:15 P.M. Mrs. Williams and four other individuals met with the Board. She said the problem has to do with the traffic on Paul Revere Road in connection with the children walking to school. She said the school bus was taken off and they have no objection to the children walking to school providing something 6an be done about the traffic problem at that time in the morning. She explained that out of thirty-five families involved, twenty-eight attended a meeting at her house. They opposed installation of side- walks because of the cost. They wanted the sewer installed and for some of them further costs for a sidewalk would be substantial. Furthermore, the did. - walk would have to be plowed before eight in the morning to be of any use. She said the parents would like to have a police officer on duty from 7:30 until 9:00 in the morning. Mrs. Williams said another solution which was suggested was one-way traffic on Hill Street and Paul Revere Road from 7:30 in the morning until 9:00, going Proal Massachusetts Avenue to Bedford Street. She said they felt this could be put into effect immediately, it would not be permanent and would not cost the Town any money. She reported that there are 103 children going to school in the morning who walk on Paul Revere Road and sixty- seven more in another two years. Mrs. Williams reported that a traffic count was made between 7:45 A.M. until 8:30 or 9:00 A.M. On May 9th there were 156 cars; May 10th 138 cars; May 13th 158 cars; May ]4th, :140 cars; May 15th, 53 tetra. Upon investigating the drop in the number of cars they 'found a power shovel working which blocked through traffic on Hill -Street Mrs. Williams said the -group would life to see something done immediately which would not cost the purple or the town any -stoney. She asked if there was anything they could do to help the Federal road going through. 451 Traffic on Paul Revere Road 452 The Chairman said he doubted if the Board could give an answer relative to making the streets one -Way. He explained that it requires a survey to be made by the State and approval by the State which takes time. Furthermore, Hill Street and Paul Revere Road are both Chapter 90 roads which are County roads. He said he'''` was not sure that the Board had the legal right to re- quest one-way traffic, but the subject could be explored. One of the group asked when the by-pass road would be constructed and the Chairman replied that all the in- formation the Board had been able to obtain is that it, is supposed to be in some congressional budget now. Mr. Reed explained that it is in the Air Force budget and that budget has hot been approved. He said it is very difficult to obtain information on the. subject. Mr. Ased explained that this is a by-pass road purposely constructed to by-pass the town, coming free the point opposite Coolidge Avenue to Revere and Hill' Streets and then Paul Revere Road. Be said he thought there would be some difficulty in having it made a one- way street. be suggested as a possible solution pro- hibiting right turns on Hill Street between certain hours which would have to be eelessced to be effective,. He said no right turn would eliminate the traffic frost:, Bedford Street. One man present said that there are old people living on the street and he did not think it would be fair to ask them to pay for sidewalks. Mr. Stevens returned to the meeting and Mr. xeed asked him what the possibility would be of getting one way signs on a County road during 'certain hours in the morning. Mr. Stevens said that he could not recall ever having tried to. Be said it would be tip to the County Commissioners to do it acid it would seem to him very doubtful that they would consider limiting' a County way to,one-way traffic. He expleined'that the road coming over from Coolidge Avenue, Revere and Hill Streets was referred to as a by-pass around the center. The County and State aid was obtained on that basis. He said it would be difficult now to ask the County to restrict it for local use.. Mr. Reed said the Board was talking about Some thing on a temporary basis and Mmviretweens'said:ohs thought if the State and County Commissioners re- viewed it, it would be doubtful. 1 Mrs. Morey said the Board could request it. Mr. Stevens explained that he was just trying to be realistic. -The Chairman said the Board would request No,Right Turn signs and also One Way .and see what happens. The group retired at 9:50 P.M. The Chairman read a letter from Mr. Stevens in regard to Boston Edison Company sewer easement. The sewer being constructed in the Lowell Street area in- volves a small triangular portion of:land owned by the Boston Edison Company and the company will grant the sewer easement so it would be all right to go ahead and do the construction work without waiting for the actual easement grant. However, the company will grant the easement upon the condition that no betterment is or shall be assessed on the land or on the grantor's other adjoining land on account of the construction and maintenaom of the sewer or its availability for use by the grantor. he said he felt the company justified in insisting that no betterments be assessed. The proposed grant of easement containing the pro- vision that no betterments would be assessed was aceptable to the Board and the Chairman agreed'. to so advise Mr. Stevens by letter. Upon motion duly made and seconded, it was voted to sign a Taking Order for the installation of a water line in Tavern Band with no betterments to be assessed in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, es. . Town of Lexington . At a meeting of the•Board of Selectmen of the Town ofLexington held on the 20th day. of May, 1957, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 4, 1957, namely at an adjourned session thereof duly held on March 25, 1957 in accordance with the provisionsof law aaplicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but lees than sixteen inches in diameter in such accepted or unaccepted streets or other land 'as the Selectmen .may determine, subject to the assessment of betterments or 453 Boston Edison sewer easement Water Order 454 otherwise,•and to take by eminent domain or otherwise acquire any fee, easement �r other interest in land necessary therefor; and to appropriate for, such installation and land acquisition the sum of $106,600.00 of which $2,600.00 is to be transferred from the Water . Assessment Fund; $14,000.00 is to be transferred from the Water Department Surplus; and the balance of $90,000.00 is to be provided by the issue of bonds or notes of the Town; and that the. Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow ttoe sum of $90,000.00 and issue bonds or notes of the Towf„ therefor, to be payable in accordance with the provisions of Chapter L1 of the General Laws, as amended, within. a period not exceeding fifteen years." NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such do hereby determine that the easements herein taken are necessary for the purpose of installing water mains and, therefore, pursuant to the aforesaid vote and under and by virtue of the provisions of Chapter 79 of t1 General Laws and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, install, inspect, repair, renew, replace, operate and forever maintain water mains and any and all appurtenances thereto, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under the following described parcel of land being a portion of Tavern Lane, an unaccepted street in said Lexington, and shown upon a plan entitled "Plan of Easement For Water Main in Tavern Lane Lexington - Mass." dated May 1957, Richard J. Gayer, Town Engineer, to be recorded herewith, and bounded and described as- followsx. Beginning at a point of compound curvature in the westerly sideline of Tavern Lane, said point being southerly and distant 92.09 feet along a curve of 205.00 feet radius from a point of curvature, thence bearing to the left with a curve of 201.93 feet radius distant 103.19 feet to a point of tangency, thence southerly. distant 161.92 feet to a point of curvature, thence bearing to the right with a curve of 170.00 feet radius distant 122.11 feet to a point of compound curvature, thence bearing to the right with a curve of 20 feet radius distant 48.58 feet to a point of tangency, thence bearing to 1 the right along the northerly sideline of Eliot Road with a curve of 231.60 feet radius distant 80 feet more or less to a point, thence northerly distant 34 feet more or less to a point, thence bearing to the left with a curve of 510.00 feet radius distant 197.31 feet to a point of tangency, -thence northerly distant 161.92 feet to a point of curvature, thence bearing to the right with a curve of 161.93 feet radius distant 82.75 feet to a point of compbuzd curvature, thence westerly distant 40.00 feet to!a point of beginning, all as shown on the aforesaid pland and marked "Easement for Water Main". Said rights and easements in the, land included within the above description are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their het*s, successors and assigns all of their respective rights in and to the use of their lands lying within -said described land for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made. Any trees upon the land included' within the above- described strips are included within the taking. The land in which the aforesaid rights and easements are taken are believed to belong to the following named parties, but if the mane of the owner of any of said land or of any interest therein is not correctly stated, it is to be uflderstood that such land or interest is owned by an owner unknown to us: OWNER LAND AS SHOWN ON T 455 PLAN Clarence Walker Lot 1 Raymond A. Bond, Clarence S. Walker, Lincoln Higgins and New England Trust Co. Josephine Berglund Lot 2 Unnumbered lot 456 OWNER LAND AS SHOWN ON THE PLAN Lexington Historical Society Rowland M. and Irene H. Wardrobe Lots 8 and B Bryant C. and Irene H. Emerson Lot 10 John M. and Maureen M. Geaghan Lot 11 No betterments are to be assessed for the'im- provment for which this taking'is made. And said Board, having considered the question of - damages, hereby determines that no damages have been sustained and none are awarded. Unnumbered lot WITLESS our hands at Lexington as aforesaid, this 20th said of May, 1957. Raymond W. James Ralph H. Tucker Ruth Morey_,_ Haskell W. Reed 4ajority of the Selectmen of the Town of Lexington COMMONWEALTH OF MASSACHUSETTS" Middlesex, ss. May 20, 1957 Then personally appeared the above-named Raymond W. James, William E. Maloney,, Ruth Morey, Haskell W. Reed and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me, Hazel J. Murray My commission expires: Nov. 29, 1957, 1 The Chairman read a letter from Mr. Stevens with reference to Mr. TroPeano's letter relative to land situated in the rear of Sunnyknoll Avenue noir owned by Abbie W. Fuller. Mr. Stevens reviewed the situation at the Registry 6f edi and" fautd •Mr.' Trope'an6 is correct in stating that the Town purported to take the land, on which taxes have been paid regularly, in- stead of the 25 toot strip of land on which the taxes have not been paid. In view of this situation he said the taking by the Town was invalid and he prepared a release of all right, title and interest acquired by the Town under the tax taking and foreclosure. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was voted to sign the release, the original of which is to be mailed to Mr. Tropeano. At 9:20 P.M. the Board of Fire Commissioners met with the Selectmen. The Chairman referred to the Commissioners' letter of April 9th requesting a transfer of *600 for,; the main- tenance of the ambulance. He explained that the Board had acknowledged the request but at the time there was mo Appropriation Committee, and no action could be taken. However, the Committee will be organized very shortly and the request for a transfer made. He recalled that the Board also referred to the number of pieces of equipment responding to accident calls.. He said it was his recollection when the res- cue truck escuetruck was purchased, its primary purpose was for accident work. He said he felt, particularly in re- gard to automobile accidents, that the rescue truck should be the only piece of equipment going to ad- eidents on the first call. It has a radio and if any- thing else is needed, a call could be put through. Mr. Sheldon said he had asked the Chief for a record of the ambulance calls from the first of the year to date. There were 98 and 43 were automobile r. accidents. Twenty-two were needless runs and on twenty-one occasions the ambulance was used to take someone to the hospital. He said it was a difficult situation and agreed that now they are sending too much equipment. He said the fire apparatus is sent on the theory that there may be a fire. He said that piece of apparatus could be left and could be summoned. However, if there is a fire the extra ten or fifteen M4nutes might be fatal to someone. He explained that in half the cases the ambulance should have been there. He said if the ambulance is 6n the scene, patients can be taken to the hospital ten or fifteenminutes quicker. 457 Release to Abbie Fink tax title Transfer Ambulance 458 Mr. Sheldon said the Chairman was correct in Mating that the rescue truck was purchased for this purpose. He said it is also out at night for lights, and it could be used as an emergency ambulance. He said that, howevver,.there are two disadvantages. It is not a eomfortablb rice and it wouli be taking that piece of apparatus out of town and if it is out of town, it is not in town. He said the Fire Department receives its calls from the Polide. They report the accidents and most of the calls come in before the police arrive- at rrive at the accident. Be said to receive a call from the scene of the accident would be better. He said that they would have to waitt for the police to get to the accident and their wait for the right equip- ment to arrive. He stated that since they have not .had - any cases where fire was Involved they could leave ti engine at the station and lel it be suwmomdd. He said it is obvious that the department has been overservicing the accidents, and some lines have to to drawn. How they can draw them, without taking chances he did not know. Mr. Tucker asked if the rescue truck had fire equip- ment and Mr. Sheldon replied that it has extinguishers jackhammpers and stretchers. ' Mr. Tucker asked if they turned the hose on if a car was on fire and Mr. Fitzgerald said it depended on the type of fire. The Chairman said that it would be gasoline or oil and Mr. Fitzgerald said it could be inside the car. The Chairman asked how many accident calls in- volved fires and Mr. Sheldon said of the forty-three, Chief Cook could not say, but possibly four or five. Mr. Fitzgerald said that there had been one that he knew of since the first of the year. The Chairman explained that the Board was thinking of the' procession of vehicles which looks humorous and second, safety. Furthermore, the department is short of men and here is a way possibly to avoid short age:'by cutting down on the number of pieces •of equipment sent out en accidents. Mr. Fitzgerald said he thought they could cut doWn as the State police has a better 'patrol of Route 2 now and the coverage on Route 128 is better. He said there a re a number of cases where they could wait until the police cars arrivd at the acene and then radio back. Hd said he thought it should be tried. The Chairman and Mr. Reed stated that they were in favor of trying it. • Mr. Sheldon said it would require instructions from the Board so the police would know the Fire Department is going to wait until a call is received from the police.` Mr. Fitzgerald said he thought they could save many runs by waiting. 1 The Chairman suggested, and the Board agreed, that it be tried for a month to see how it works, Mr. Sheldon requested the Board to send the Com- missioners a letter advising the effective date. The Chairman inquired about two men in the Public Works Department who have applied for positions as fire men and Mr. Sheldon explained that one of the two men has completed his physical and the other one has not. The Chairman asked if they had been appointed when the Board heard about it and Mr. Sheldon replied in the negative. The Chairman inquired on what basis prioisity for vacations is determined. Mr. Sheldon replied that it has been based on the order in which these men were appointed and if more than one man was appointed on:the same date, its be- came an alphabetical arrangement. The Chairman asked if it was determined by length of service in the department reg►rdless of rank and Mr. Sheldon replied in the affirmative. The Chairman explained that the Board has sent the Chief of Pollee a letter to the effect that vacation choice shall be on the basis of service within the de- partment regardless whether the individual is a private or an officers -Mr. Sheldon said he thought that was resonable and the Chairman said it might be well to make it uni- form. He asked if the Fire Department had privates who have had longer periods of service than officers and Mr. Sheldon molted that there are two. -Mr. Sheldon aaid that the men all seem satisfied and they have had no trouble. The Commissioners retired at 8:50 P.M. The Chairman read a letter from Mr. Greeley stat- ing that the Town voted to have the new Town Office Building to match the old and this has been done, includ- ing painting it white. He said that the old,Town Office Building is being painted yellow and should be changed to the original white at ones. The.Board agreed that the new and the old building should be the same color. Mn. Reed said he thought painting the old building should be held up until a decision has been made. The Chairman said that painting should be stopped on both, buildings and someone should contact Mn. Brooks, Chairman of the New Town Office Building Committee. 459 Appoint for Fire Dept. Vacations 460 Painting Town Offices Mr. Reed said he thought it was up to the Town Office Building Committee to decide on the color and then paint the old building the same, and it was left at that • The Chairman read a letter from Mrs. Arthur F. Scammell, 7 Bates Road requesting that trees be planted, on her half of the street. Mr. Gayer reported that this request is one the list and when he gets to the point where all requests are fullfilled and hers is in order, it will be filled. Mr. Gayer presented the following bids received for a water billing machine. Underwood Corporation Less 10% Less trade-in Burroughs Corporation Less 10% Less trade-in National Cash Register .Co Less trade-in 0,541.50 'OHl 157.00 $3,030.15 3,998.00 9 . ig )00.00 3,298.20 3,750.00 200.00 3,550.00 Mr. Gayer explained that the department can use the stand it is now using for the Underwood machine. That is an iters not shown but it would be added on, and would add> $x.50. Mrs. Morey asked if it would be extra on all three bids and Mr. Gayer replied in the affirmative. Mr. Gayer explained that with a Burroughs machine he would have to change the fors now being used. Upon motion of Mr. Tucker, ,! seconded by Mrs. Morey, it was voted to accept the low bid:submitted by the Underwood Corporation. The Chairman read a letter from Paul McCormack, representing Mrs. Andrew F. Kilgour, who has com plained out the trucks and machinery owned by Mr. Robert 1 Trebino, 83 Spring Street. A report was received from Mr. Irwin advising that an April 8, 1957 a letter was sent to Mr. Trebino concerning the use of the premises for parking his trucks and earth -moving .qu»men. Be made an in- spection on May 17th and found a violation of the Zon- ing By-law and as Mr. Trebino evidently does not intend to abate it, a formal complaint will have to be filed against him. It was agreed to request Town Counsel to contact Mr. McCormack. 461 Complaint The Chairman read a letter from Mr. Palmer, Secre- tary to the Board of Retirement with reference to Retirement Arthur Silva's term as a member of the Board which will election expire July 1, 1957. It was agreed.to request Mr. Palmer to follow the procedure and arrangements for the election that was held in 1954. The Chairman read a letter from John M. Belding, Chairman of the Cary Memorial Library Addition Committee, with reference to a previous letter and conversations with Mr. Maloney regarding parking facilities. If there is a possibility that the town will acquire additional Library property, the grading and paving plans, should be changed parking at an early date. area The Chairman said the Board should know what addi- tional land would cost and then determine whether it is worthwhile or not. Mr. Maloney agreed to check into the subject further. Letter was received from Paul Lloyd, on behalf of the Lexington 4-H Horse Club, requesting permisstbn to conduct a horse show at 202 Cedar Street on June 30th Permit beginning at 12:30 P.M. The letter explained that all parking would be completely off Cedar Street. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to grant the request. Upon motion of Mr. Maloney, seconded by Mr. Reed, Licenses it was voted to grant the following licenses: Harold Ryan, d.b.a. Concord Hill Grocery Sunday Sales George H. Phelan, 11 Cary Avenue Peddler 462 The Planning Board met with the Selectmen at -10:15 P.M. and Mr. Jaquith went over the proposed notuce of the Planning Board Hearing en an amendment .to the Zoning By-law so as to provide for an additional type of zoning districts to be designated 0 4 - Regional Shopping Center Districts. A tentative date for a Special Town Meeting was set as June 24.th. The Planning Board and Mr. Gayer retired at 11:00 P.M. The Chairman reported that the Moderator would like to have a member of the Board of Selectmen serve on the Group Insurance Study Committee. Mr..Maloney agreed to contact Mr. Ferguson and advise him that the Selectmen are of the opinion that someone with more time to devote tb the committee should be asked to serve on it. Mr. Tucker agreed to represent the Board on the Hospital Needs Study Committee. It was unanimously voted to re -appoint Mrs. Eleanor Litb.hfield a member of the Town Celebrations Committee for a three-year term expiring April 30, 1960. The meeting adjourned at 11:20 P.M. A true record, Attest: T tivq!Cler, Selec ac- innvk N 1 BID OPENING May 27, 1957 A meeting mas held in the Selectmen's Room, Town. Office Building, on Monday, May 27, 1957 at 5:00 P.M. for the purpose of receiving bids for cast iron pipe, hydrants, tapping sleeves and valves, with boxes, and gate valves. Mr. Gayer, Superintendent of Public Works, Mr. Kraynick, Whitman & Howard engineer, and the Executive Clerk to the Board were present. Bids were opened and read by Mr. Gayer as follows: Cast Iron Pipe Shahmoon Industries, Inc. 6700' - 12" $4.77 per foot 650' - 6" 1.92 per foot Terms: Net cash within 30 days from date of invoice -Shipment: one week from date of order United States Pipe & Foundary Co. 6700' - 12" 4.83 per foot 650! - 6" 1.94 per foot Terms: Net cash•30 days from date of invoice Shipment: three weeks after receipt of order R. D. Wood Company 6700' - 12" 650' - 6" 4.82 per foot 1.94. per foot Terms: Prices firm Shipment: two to three weeks 463 464 Hydrants The Ludlow Valve Manufacturing Co. 18 90.0 hydrants $185.68 each Terms: 2% 10 days, Net 30 days Shipment: Six to eight weeks H. R. Prescott & Sons, Inc. 18 hydrants 168.89 each Terms: 2% 10 days or city pay day, Net 30 days Shipment: Two to three weeks Public Works Supply Company Model 18 Darling/hydrants 170.33 each Terms: 2% 10 days, Net 30 days Shipment: Three to four risks Hilso Supply, Inc. 18 hydrants 197.53 each Alternate 177.78 Terms: 2% 10 days, Net 30 days Shipment: Four weeks Tapping Sleeves & Valves, with Boxes The ludlow Valve Manufacturing Co. 2 - 12" x 12" x 12" 335.92 each Terms: 2$ 10 days, Net 30 days Shipment:;_ Four to six weeks Public Works Supply Company 2 - 12 x 12 Darling 316.50 each Terms: 2% 10 days, Net 30 days Shipment; Three to four weeks 1 465 H. R. Prescott & Sons, Inc. 2 - 12" x 12" M & H $3o3.68 Terms: 2% 10 days, or city pay day Net 30 days Shipment: Two to three weeks Hilco Supply, Inc. 2 - 12 x 12 303.65 Terms: 1% 10 days, net 30 days Shipment: Part at once, complete two to four weeks Gate Valves and Boxes Hilco Supply, Inc. 8 - 12" 167.94 each 1 - 8" 89.66 21 - 6" 61.89 each Terms: 1% 10 days, Net 30 days Shipment: Delivery from stock H. R. Prescott & Sons, Inc. 8 - 12" 168.93 each 1 - 8" 21 - 6" 90.16 61.88 each Terms: 2% 10 days, or city pay day, net 30 days Shipment: Two to three weeks The Ludlow Valve Manufacturing Co., Inc. 8 - 12" 186.91 each 1 - 8" 99.79 21 - 6" 68.53 each Terms: 2% 10 days, Net 30 days Shipment: Stock to 15 days Public Works Supply Company 8 - 12" 181,67 each 1 - 8" 92.45 46 21 - 6" Terms: 2% 10 days, net 30 days Shipment: Three to Pour weeks The meeting adjourned at 5:20 P.M. A true record, Attest: 63.80 each 1 467 SELECTMEN'S MEETING May 27, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 27, 1957 at 7:30 P.M. Chairman James, Messrs, Reed, Maloney and Mrs. Morey were present. Mr. -Gayer, -Superintendent of Public Works, and the Executive Clerk were also present. • At 7:30 P.M. hearing was declared open upon. petition of the Boston Edison Company for permission to'locate one manhole and one conduit on Lincoln Street. Mr. Mahon, representing the petitioner, was the only person present. He explained. that the proposed locations are directly opposite the company's easement which is on •either side of Lincoln Street at this point, and it is the Manhole company's intention to increase the voltage potential in and conduit. Lexington. • locations The Chairman asked if the construction work. to be done would be limited to the manhole and about thirty-five feet of conduit. Mr. Mahon replied that it would be nearer twenty -feet. The Chairman asked if Mr. Gayer had any objection and he replied in the ne$ative. Upon motion of Mr. Reed, seconded by Mrs. Morey,. it was voted to grant the petition and sign the order for the following manhole and conduit locations: Lincoln Street, approximately 2080 feet west of Weston Street a distance of about 15 feet, -- one manhole; • Lincoln Street, approximately 2060 feet west of Weston Street a distance of about 20 feet, -- one conduit. Mr. Mahon retired at 7:35 P.M. - Mr. Gayer reported that Worthen Road can be built entirely of Town property. Worthen - The Chairman explained that he had discussed this Road with Mr. Stevens the other day and he was concerned about the road in by the High School and pointed out that if it were constructed so that private property abutted on it, it would be necessary for the Board to hold a.public 468 hearing and charge betterments. On the other hand if it were built entirely on Town property., even if the Town only owned a strip of one foot wide on one side,,no hearing would be necessary and no betterments would be charged. He said that Mr. SpevaBaiwould like to know which way the Board wants/t6 get it in this June Town Meeting there probably won't be time to have a layout and hold a public hearing before the Toon Meeting. Mrs. Morey.asked if it would,be necessary to make any bends in the road to put it.entirely on Town land and Mr. Gayer replied in the negative.. Mrs. Morey asked if it was/dlsirable, good and sound location and Mr. Gayer replied in the affirmative. Mr. Reed said he would be in favorof building the road on Town land without a public hearing. The Chairman reported that the Planning Board would be down later in the evening at which time the subject could be discussed further. The Chairman read a letter signed by four residents, of Eliot Road and two residents of Tavern Lane complaining about rusty, muddy water. Mr. Gayer said he must admit that the condition is not good and he has had the mains in the area flushed every other day. He said he is of the opinion that the amount of water being used by the Grey Nuns and the size of the main has increased the velocity of the water to the extent that it keeps continually stirred up.. He said he knows of nothing ,to do except install a 12" main and told Mr. Howard the other day, if necessary, to let out this piece and Adams Street first to get the water in. Mr. Reed asked about -the Town putting it in and said Complaint if it comes down to one or two items in a contract, the re rusty bid will be high. water The Chairman asked about the length on Pelham Road and Mr. Gayer replied approximately 1400 feet. Mr. Stevens arrived at the meeting at 7:45 P.M. Mr. Maloney asked if a 12" main would correct the situation and Mr. Gayer replied that he did not know of any other solution. .He reported that when the pipe was tapped last year and when the water was put in Tavern Lane, they found those mains were corroded. Mr. Reed said that the Town of Arlington has equip- ment that is used to clear rust out of the pipes and asked if it would belt) this section temporarily. Mr. Gayer said that there are many areas in similar condition and that the equipment is intended for larger pipes. Re said he did not know if it could be used for smaller pipes. 1 469 Mrs. Morey asked if what Arlington is doing would be worth trying on Eliot Road and Mr. Maloney said it is a very expensive operation. Mrs. Morey said she would like to know how expensive it is and Mr. Maloney replied that for what the Town of Arlington is spending, they could almost put in new pipes. Mr. Gayer said either the Town cou10 put the main in or he could get prices from some of the contractors in Town and see if they would give a reasonable price on it. W. Reed said it would have to be let out on bid if the Town does not docthe work. Upon motion of Mr. Maloney, seconded by Mr._Reed, it'was voted to sign an extension of Time for Passing Ext. of Papers in connection with the acquisition of land for time the new Junior High School. All copies were taken by Mr. Stevens. Letter was received from Mr. Stevens recommending Claim settlement of the suit brought against the Town by settled Estelle M. Lee of Belmont and requesting a check,in the amount of $148.28 to be sent to him so that he could finally dispose Df the case. Mr. Stevens said that the Board would have to arrive at some conclusion on Riboch. He said he talked to Leeland Construction who said the land was sold to Riboch. He asked McConchie whether or not he Riboch has reserved any drainage easement over the land he (Ampollo) sold and MoConchie said he did not and did not drainage think it necessa%y. All he did was enclose the brook in a conduit, and put the street drains from both streets into that. The area in the development drained in the brook and therefore he put no more water in the brook than was going in before. ne said the brook continues across the land he sold into the Willard land and there is no increase in drainage because of the development. Mr. Stevens said he also talked to Nylander, to whom McConchie referred him, and he feels the same. He said It was really a brook, in some places five or six feet deep. He feels there has been no casting of water on the Riboch land. Mr. Stevens said that Mr. Ryan, the attorney, has been calling him daily and he told him the matter would be definitely decided tonight. He also told Mr. Ryan he had talked to McConchie and his engineer and reported what they said. 470 Earlier Mr. Ryan had said he wanted to know the Board's decision so they could know how to act. If this is more than they can afford, they may have a claim against the Town. Mr. Stevens said all McConchie did was put the brook in a pipe. Mr. Maloney asked how large the pipe was and Mr. Stevens replied that he did not ask him. Mr. Stevens saed that Hylander told him there were two brooks; one only a ditch and the other brook which he put in a pipe. Mr..Reed said if the brook is five or six feet deep in the area, it would seem to him that the development would require a. larger pipe. Mr.'Stevens pointed out that if the pipe is too small at some time the Town will have to change it, at its own expense. Mrs. Morey asked if it had been proved that McConchie'e drainage was inadequate. Mr. Gayer said that the 12" may take care. of the two streets he ddveloped and not carry the load down at the end where the water goes past. Mr. Reed said that the old Metcalf & Eddy plan shows a 14.2" drain fres the intersection of Hawthorne and Long- fellow Roads tuwarde• Miss Willard's property. He said if the brook is five or six feet deep there should be a larger pipe and asked if the developer should be required to pay the entire expense or if the Town should pay a portiop for the extra size pipe. Mr. Maloney said a developer should not have to put in a certain size pipe to drain all the property in the area. Mrs. Morey said when an individual buys a brook which is part of the drainage ayetem of the Town, he automatically has to take care of what is going to drain in it. She pointed out if they had not purchased that section of the land then they could have put in•a 12" drain. She asked if the purchaser was responsible as long as die purchased what is established as a drain. Mr. Stevens said at the present time.the Town has no obligation in there. Mr. Stevens suggested advising that the Board has considered the subject and did not reach a conclu- side this eveling because•the members want to take a look at the area involved. Mr. Stevens said the Board had sent.him a letter 1 from Paul .-McCormack concerning Mr. Trebino's activities on Spring Street and asked that he contact Mr. McCormack. He said all Mr. McCormack did was abk if any permit had been issued to Trebino and all that calls for in the way of an answer is to ten him that no permit Was issued. He said he would write Mr. McCormack and state that his letter had been referred to him and advise that no per- mit had been issued to Mr. Trebino. Mr. Stevens said the only other item he had was the Special Town Fleeting. He explained, as he understands it now, the Planning Board hearing will be held June 6th. The printer has said if the warrant is signed cn the 10th and he gets it the llth he will do his best to get it out, beat has not promised. Mr. Stevens said he feels there is too much involved to freeze the warrant before the hearing and it should be dated afterwards. He said the Board can't be sure what Will come out at the hearing and the Planning Board may want something changed. He reported that he advised Filene's attorney that the Board had to be in a position where, -following that hearing, it can sit down and see what the Planning Board will recommend and what changes, if any, and if the changes are substantial there will be another hearing. The attorney felt he would like any changes made between -the hearing and the drafting of the warrant rather than have them made on the floor of Town Meeting. Mr. Stevens said there are some questions to be answered and he did not see how anything can be done until after the hearing on the 6th. He suggested to this Planning Board that its next meeting be held on June 7th, and said he did not know how work could be done on the warrant, until after the hearing. Mr. Stevens reported that he received a call from a lady on Spring Street who wanted to know if the warrant was going to be opened. He told her that time is so short he doubted if the Board would have time to put in any articles. She wants to increase the appropriation for the Police Department so they can have an officer on Spring Street because of the fast traffic. He explained to her that even if there was an article in the warrant „the Board did not have to assign an officerto Spring Street. be said she was going to call him tomorrow and he asked if the meeting was definitely going to be held.on June 24th and if the warrant is to be held to this particular toning question. 471 Complaint Town Meeting re zoning change 472 Mrs. Morey inquired as to the status.of the Building and Plumbing By-laws and Mr. Stevens said those two • could be ready but the sign by-law needs more work. Mr. Stevens said the Planning Board will want a letter from the Selectmen to.the effect that they Corrigan will recommend a road re the Corrigan development development in such and such a location, road The Chairman explained that the Planning Board would be meeting with the Selectmen this evening and and that can be resolved. Letter was received from Mr. Stevens with reference to tax title lots 30 and 31, Block 18 Ward Street, which the Board voted to sell and convey to John Casellb. In his opinion, the taking of lot 30 for nonpayment of the 1951 and 1952 taxes was invalid, because the taxes were not assessed to the record owner pf the title. He has informed the Assessors of the situation and advised them that 1957 taxes should be assessed to John F. Gowell, Probably taxes will not be paid so later a tax taking can be made and in about three years, the tax lies foreclosed. In the meantime, however, the Town is note: in a position to convey title to Mr. Casella. The Chairman said the question arises' does the Board want to sell only one lot and also does Mr.. Casello want':to .purchase only one lot. Mr. Stevens explained that before the Board advises Mr. Casello of the situation, it should decide whether. or not it wants to sell lot 31 and if so what the price is to be. M.D.C. hearing The Clerk was instructed to bring in a plan of the two lots next Monday night. Letter was received from the M.D.C. advising that the Town of Wakefield has applied for admission to the Metropolitan Water District:.for the purpose of obtain- ing a portion of its water supply; Winchester and Need- ham, members of the District, have applied for permission to purchase additional portion of their water supplies and the City of Marlborough has applied for permission to purchase water from the open channel of the Wachusett Aqueduct. A hearing will be held on these applications. at 2:15 P.M. on Wednesday, May 29th at the Commissionersl hearing room on the fifth floor, 20 Somerset Street. . Mr. Stevens explained that the Commissioners are re- quired by law to notify all members of the hearing at which they will decide about taking these towns into the system. 1 Mr. Stevens retired at 9:15 P.M. Notice was received from the County Commissioners that sealed bids will be received for. construction of a section of Concord Avenue at 100 Nashua Street until 2:00 P.M. on Tuesday, June L., 1957, at which time they will be publicly opened and read. Letter was received from Alfred P. Tropeano advising that the present owners of a large tract of land on Waltham Street, opposite the High School, are desirous of lowering Vine Brook to Vine Brook Road. They would like to have the, Town lower the culvert under Winthrop Road Extension. Mr. Gayer agreed to check into the matter and discuss it with Mr. Tropeano. The Chairman asked him to obtain complete information as to the cost and what is involved. 473 Bids for Concord Ave, reconstr. Req. to have cul- vert lowered Letter was received from the British Consulate -General, H. J. Griffiths, asking if there is any organization that British would assume responsibility for the maintenance of the soldiers grave of 25 British soldiers killed at Lexington in 1775. Mr. Reed reported that at one time the Air Force in Bedford had requested permission to take care of the pro- perty. It was also suggested that the National Historic Sites. Commission and Mr. Martin Bashian be contacted. grave Letter was received from the FBI advising 'that eighty officers, one of which was Lieutenant James F. Corr, FBI had registered at the school on Police Adminstration. school E. J. Powers, Special Agent in Charge, wrote that Lieuten- ant Corr by his industry and attention to detail, has taken from the course many ideas which will be useful to the community. Letters were received from Mr. Carroll advising that the following committees have been appointed: Hospita]1 Needs Study Committee Charles H. Cole, II Board of Health Levi Burnell Planning Board Dr. Daniel Yui11 Moderator Dr. Harold Crumb " Herbert L. Crowley George P. Morey " Committees 474 • Cary Lectures Committee Edward L. Mears, John F. Rich, Mrs. Ralph H. Tucker Recreation Committee Colby E. Kelly, M. Lawrence Allen Moderator a The Chairman reported, with references to the Recrea- tion Committee, that the Moderator did not designate which appointment is for three years and which one is for one year. He tried to contact him this evening but he was not home. The Chairman read a letter from the Memorial.Day Committee, together with details of the program for the Memorial 30th at which they request a member of the Board to be Day present to read the proclamation at the Common. Mrs. Morey agreed to represent the Board. The Chairman read a letter from Chief Rycroft reg+ porting information he obtained through the Board of Special Probation about the custodians and maintenance men Mr, Police Smith has requested to be appointed Special Police.' Mrs. Morey suggested, and the Board agreed, that the information be submitted to Mr. Smith with the re- quest that he now make a recommendation to the Board of those individuals he wants appointed Special Police. Letter was received from the Department of Public Welfare requesting permission to purchase a new automo- bile for use of the department. Thegreeent car pur- chased in 1943 and done approximately 37,000 miles.. The Welfare Dept.State Department of Public Welfare has granted its per - ear mission to purchase a new car, bids for which were re- ceived as follows: Mawhinney Motors 1957 Plymouth Plaza 6 cylinder, plus equipment and less tax $2305.05 Allowance for 1954 Chevrolet 12 0.0 10 .0 Rowe -Jackson Chevrolet, Inc. 1957 -door Chevrolet sedan 6 cylinder, plus equipment, less tax• 2072.82 Allowance for 1954 Chevrolet • 473 50 .00 1 The Board recommended accepting the low bid submitted by Mawhinney Motors. The Chairman brought up the subject of parking on both sides of Hancock Street when the Masonic Hall is being used. He recommended that no parking be per- mitted on Hancock Street where there,is usually four cars parked. Mr. Reed suggested that the Chairman contact Mr.. Charles Peirce, Master of the Lodge. At 10:00 P.M. Mr. Grindle and Mr. Jaquith of the Planning Board, met with the Selectmen. The Chairman referred to the road to the High School and said if there is a Town Meeting in June Road to and if the road is put in under betterments by virtue High of the fact.it abuts other property than town property, School the Board will have to hold a public hearing. That limits the Board in regard to time. On the other hand, if it were put in all on Town property a public bearing would not be required and the Board could proceed and ask for an appropriation. He explained that Mr. Gayer has a plot plan which indicates the road going over the lot which the Town purchased on Waltham Street and which does not involve any abutters. He said the Selectmen would like to know if this fitted into the Planning ,Board's thinking. regarding the possible extension of Wor- then Road. Mr. Grindle said all the Planning Board is interested in is if it will have to do something on the difinitive plan within two weeks. He said the Planning Board would like to do whatever the Selectmen recommended. Mr. Reed said the Selectmen would like to know if the Planning Board will approve the road as shown on the plot plan presented by Mr. Gayer. Mr. Grindle said as far as he was concerned, it was all right. The Chairman suggested that Mr. Grindle take the plan, discuss it with the Planning Board and let him know its decision in the morning. Mr. Jaquith said he understood Mr. Gummsre, of Filene's, had talked to the Chairman regarding assessed Filene's valuations. shopping The Chairman said he had mentioned $5,000,000 as he center has at all the meetings. Mr. Jaquith said the Planning Board would like some 476 figures to use and had Mr. Bruce Howlett talk to the Assessors who made the suggestion that an expert appraise the value of the property. Mr. Jaquith said, in the first place, the Planning Board does not think the Town should spend the. money and in the second place, they don't know if the figures would mean anything.. Tonight the Board decided it was im- practical and is falling back on what ¥r. Gummere said: which is a minimum cost of 500,000 square feet of seven and a half millien dollars, based on present costs of $15 a foot. Assuming that is assessed two-thirds of cost it will give $5,000,000 assessed valuation. The maximum cost would be $10,000,000 assessed valuation. He explained this is what the Planning Board will use unless someone thinks of sromething better. Mr. Grindle said that the Board of Assessors are meeting tonight and will discuss the subject. Mr. Reed asked if the valuation could be increased. once the land has been re -zoned, until such time as is used. Mr. Maloney said that would be a decision for the Assessors to man . Mr. Reed said he wondered if the taxes could be increased as soon as the property is re -zoned as the land would increase in value if it is re -zoned. The meeting adjourned at 10:15 P.M. A true record, Attest: • 'clerk Select 1 SELECTMEN'S MEETING June 3,' 1957 A regular meeting of the' Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 3, 1957 at 7:30 P.M. Chairman James, Messrs,. Reed, Maloney, Tucker and Mrs. Morey were present. Mi. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Treasurer, met with the Board. The Chairman read a letter from Mr. Carroll re- questing approval to obtain a temporary loan of $500,000 in anticipation of revenue, to be paid November 1, 1957. Upon motion of Mrs. Morey, seconded by Mr. Reed, it was voted to authorize Mr. Carroll to arrange for a temporary loan of $500,000 to carry out the finan- cial obligations of the Town until the 1957 taxes are paid; said loan to be payable November 1, 1957. Letter was received from Mr. Carroll, together with a list of unlicensed dogs in the Town as of June 1, 1957. Mr. Carroll said that the Board may or may not know that Frank Mowat, the Dog Officer, is very sick and how he was going to carry out the work he did not know. He said that year after year there are a number of people in Town who never pay a dog license. He said that if Officer Mowat is going to be unable to carry on his work he thought something should be done about it. Be stated that the Town has a Second Dog Officer who gets paid $25.00 a month and he doesn't do anything. He also receives pay from the County for feeding the dogs and disposing of them. Mrs. Morey referred to the list and asked if it meant the ones licensed last year did nbt get a li- cense this year. Mr. Carroll replied it meant that and new owners. He said it is not fair for one individual to Pay his dog license and another individual not pay. Mr. Stevens arrived at the meeting at 7:35 P.M. The Chairman said from what Mr. Carroll reported Mr. Mowat is not physically able:to carry out his task and Mi. Carroll said that is what he believes. 477 Loan Dog 0ffiax 478 The Chairman said it then becomes the duty of Mr. LaRose to do the work and Mr. Carroll said that was right. Mr. Maloney asked if Mr. LaRose was paid by the Town and Mr. Carroll replied that he receives $25 a month and is also paid by the County for feeding the dogs and disposing of them. Mr. Reed asked from what account he was paid and Mr. Carroll replied it is'expenses. Mr. Reed explained that it would be for the care of dogs and not salary. Re said he questioned whether or not the Board could get him to go and round up the unlicensed dogs. Mr. Carroll said he is paid from expenses but is appointed by the Board. Mrs. Morey asked if it wasn't almost necessary t� have a policeman with authority and a badge. Mr. Maloney reported that the Dog Officer in the Town of Arlingtoh is not a police officer, but he said it was a good idea for a policeman to do it. Mr. Carroll retired at 7:40' P.M. The Chairman asked Mr: Stevens what the Board's responsibility is if Officer Mowat can't carry out his_ duties as Dog Officer. Mr. 'Stevens said the Chairman could talk with Mr. LaRose t* see if he is in a position to do the work and if not, there is no limit as to how many Dog Officers the Board might appoint. He said the Board might want to appoint another one or talk to Mowat and ask him to resign. The Chairman said he would find out from the Town Accountant what the vouchers cover. Mr. Tucker suggested that some publicity be given to'the Dog Warrant in the local paper. Memorandum was received frpm the Massachusetts Selectmen's Association relative to an act to in- crease the compensation of members of police depart- ments under Civil Service in the Commonwealth. Mr. Stevens'reported thefollowing salaries as set up by the Barrington Plan recently rsiacted: Act re Patrolmen *3770, after sixears $4862; Sergeants Police $4316, after six years $5564; Lieutenants $5070, Salaries after six years $6474. It was left that Mr. Maloney would attend the hearing and if he wants anything, contact Mr. Stevens. 1 479 Mrs. Morey asked if the Board was in favor of the Act and Mr. Maloney replied that he did not think it should be. An Act relative to the care of veteransgraves, submitted by Mr. Healy, was held over. The Chairman explained that apparently everything that is required is being done, except that the Board has never appointed a Veterans' Graves Officer. Veterans' Mr. Reed asked if the Board had to make the ap- Graves pointment and Mr. Stevens replied that if bomeone Officer should complain because something was not being done, then the Board would have to do it. He explained that if Mr. Healy was appointed a Veterans' Graves Officer he would have more duties. The Chairman said that possibly the Board could apppint one of the Cemetery Commissioners and Mr. Tucker said he was thinking theaame thing. Mr. Stevens said the Board could appoint the Chair- man of the, Cemetery Commissioners and suggested that the Chairman talk to the Cemetery Commissioners about it. Copies of Traffic Sign Permits, issued by the State Traffic Department of Public Works, were received from Mr. signs Carroll as follows: Permit 7026 - Isolated Stop Sign Paul Revere Road at Cedar Street Permit 7025,- Isolated Stop Sign Hill Street at Cedar Street Permit 8260 - Traffic regulation permit covers erection of stop signs under per- mits 7025 and 7026. The Chairman mentioned that the Board was to arrive at some decision this evening relative to'Riboch (Ampollo) drainage. He reported that Mr. Maloney and Mr.*Gayer will view the property tomorrow morning. Mr. Stevens presented sewer contract between the Town of Lexington and George Brox, Inc., in the amount of Sewer $73,057, which he explained had been duly executed by Contract the contractor and bonding company. He said that they signed are now ready for the Board's signatures. All copies were taken by Mr. Stevens. 480 Ham land Mr. Harold Marvin, Lexington Street, Burlington met with the Board. He explained that he is running a small foundry and is interested in the purchase of all or partof the so-called Ham land if the Town would like to sell it. The Chairman asked him to indicate the property ona plan acquired from the Engineering Department #149 (D of 6). Mr. Marvin said he could not find•a plan of this particular land in Burlington. He looked at a plan•in the Engineer's Office its Lexington and showed it to the Board, as he remembered it, on the plan presented by the Chairman. He said he understood from the Engineer that the Town obtained the land for the purpose of high water protection, but he did not fully understand it. He avid if it could be purchased without any complications, liens or easements or rights - of way, it could be filled in and that is why he wants all or part of it. He said if he could purchase it and the Town of Lexington wanted it piped, he could extend the three-foot piece of pipe from Adams Street to the' pond. He said he did not see what advantage it its to the Town of Lexington to own it. Mr. Stevens explained that,iilconnection with the flood control of Vine Brook, the Town acquired some land in fee and acquired the ownership of the land at Butter - field's Pond and in addition acquired flowage rights in other parcels of land giving the Town the right to flb©d the land to elevation 176. He said the purpose was to hove the stnragerareasatailable so in times of high water there would be places fpr the water to go. He said the engineering done at that time indicated those areas were needed to save the land in that vinicity from flooding. Mr. Marvin said if it did rise it would go into Qutnnt"s land right now. The Chairman said the land/Mired for the purpose of flowing water onto it and in case of heavy rains or hurricanes or the like, that area might still flood so it seemed unlikely that anyone would want to put a building on it. Mr. Marvin said -he thought twenty-five feet back from the inlet°it is built up and he was under the im- pression that there might be three acres of land in there that someone might put a building on and not go below Adams Street. He said he did not see how the 1 •quarry section could be Street or coming over a The Chairman said of lines to be correct, he want to sell it. • Mr. Marvin said he thought a 250 foot or 300 foot strip could be sold without creating any hazard at all. Mr. Reed explained that the Board could not sell the land and it would have to be presented to .a Town Meeting. Mr. Marvin said he was under the impression it would have to go before a Town Meeting. The Chairman said the Board would think about it and write Mr. Marvin a letter advising him what`•: the Board can or cannot do. Mr. Reed explained that the Board is going out in the near future to look at some tax title property and will look at this land at the same time. Mr. Marvin retired at 8:45 P.M. Mrs. Morey reported that one the Arlington Selectmen said, as Water Commissioners of Arlington the Board of Selectmen had the right to dispose •of the Great Meadows land at any time. He further,said that the Arlington Selectmen were waiting to hear from the Lexington Selectmen about a meeting they pro- posed. She explained that there are people in Arling- ton who are desirous of having it kept as it is. Mr. Stevens said Lexington should make it clear to Arlington that if this land is not to be used for water supply purposes, the Town of Lexington wants to acquire it and should have it. If it is to be a recreation area, that should be a function of the Town of Lexington and not the Town of Arlington. He said the Chairman could send them a letter stating the Boards' position and leaving the way open to them to discuss it with the Board. He said the Board would have to come to some understanding before it files a Bill. The Chairman said it seemed to him that the Board should know what it is talking about first. Mr. Stevens said -that Arlington's records should indicate which areas oP land they own in fee, the areas .of land in which they have flowage rights and the areas pf land which revert if they cease to use it for water purposes. He said he believed they have made fairly complete title examinations and if they have done that work, the Board should be able to find.out what they have and where it is located. flooded without ooming up Lowell piece under Adams Street. the Board presumes the contour couldn't .see how the Board would 481 Great Meadows 412 The Chairman said he thought Mr. Reed had made the statement one evening that the reason Arlington. wanted the study committee was because they did not know what they had. Mrs. Morey suggested that the Chairman and Mr. Reed stop in some time and discuss it with the.Arl'. ington Selectmen. The Chairman agreed to call and suggest a meeting. Mr. Stevens said it might be at the point where the Town Counsels should talk about it. The Chairman said he would call to Find out whether or not they have enough information to enter into a general discussion at this time. Mrs. Morey recommended that the Chairman obtain something in writing. The Chairman presented a print showing the property lines on Sylvia Street relative to Mr. Alexander MacMillan's property, the former synagogue. The plan showed the cellar wall to be within 1.73 feet of the lot line at one end and within 2.18 feet of the lot line at the other end, which obvously does not give Mr. MacMillan room enough for a drive - Tax title way. _ owns two S San Thlots; partined the property andlot Sylvia lvia St. 18, next up the street. He said Mr. MacMillan would like to buy the 20 foot strip shown on the plan whibh would give him room for a driveway. Mr. Maloney asked what the Board would then do with the 40 foot lot. The Chairman said he thought the Board should ask Mr. MacMillan to purchase both pieces. The Chairman read a letter written by Mr. MaeMillan in 1955 offering *200 for both lots and the Board's re- ply that it would entertain an offer of $800. The Board felt that both lots should be sold at the same time and Mr. Maloney said he would look at the property tommorrow. Letter was received from Mrs. Joseph Collette, 86 Cedar Street, requesting abatement of sewer betterment assessment in the amount of $763.59. Due to the unusual shape of Mrs. Colletta's lot, Sewer upon motion of Mr. Reed, seconded by Mr. Tucker, abatement it was voted to reduce the betterment from $763.59 to $437.10 and abate *290.49. The adjusted betterment was arrived at by taking the total frontage of 114 1 483 feet x a depth of 100 feet x $4.15, the cost per square foot. Petition was received signed by thirty-four.individuals requesting erection as soon as possible of traffic con- trol sign on Spring Street, such as "Children, Go Slow" Traffic and "Speed Limit 25 Miles per Hour" and an appropriation Spring for the Police Department to enable appointment of four Street additional officers. The Chairman was authorized to acknowledge the petiton. Mr. Gayer referred to bids opened a week ago on cast iron pipe, hydrants, tapping sleeves & valves with boxes and gate valves and boxes. He explained that he would like to go Alm with the low bidders with one exception, that/ i flyydrants. He said the Town has purchased nothing but Darling hydrants and he would like to continue; the difference being $25.40 on the entire' bid. The Chairman read a letter from Whitman & Howard witl the following recommendations; That the cast iron water pipe begiven to the low bidder, Shahmoon Industries, Inc:, Warren Pipe & Foundry Division, for the total price of $33,207. That the gate valves and boxes begiven to the low bidder, H. R. Prescott & Sons, for the total of Bids *2,686.26. That tapping sleeves and valves, with boxes, be given to the low bidder, H. R. Prescott & Sons, for the sum of $595.20. That hydrants be given to Public Works Supply, who furnish Darling hydrants that have been quite regularly used in the Town for several years, for the sum of $3,004.62, who are $25.40 higher than the low bidder, H. R. Prescbtt. However, for the sake of uni- formity and the economy in buying parts, they recom- mended that Darling hydrants, furnished by Public Works Supply,be purchased. Mr. Maloney asked how the low bidder would feel and Mr. Gayer explained th t it has happened bafore on hydrants. He had discussed it with Prescott and said their bid might not be accepted and he explained why, and they understood. the situation. Mr. Maloney questioned inviting bids if the same hydrants are to be purchased all the time. 484 II, Tax title The Chairman asked if anyone else sold Darling hydrants and Mr. Gayer replied to the negative. Mr. Reed inquired as to where the salesman came from and Mr. Gayer replied that he is a local resident. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to accept the bids as recommended by Whitman & Howard. Mr. Maloney informed Mr. Gayer that another year he would not approve accepting a higher bid just to purchase Darling hydrants. Mr. Gayer retired at 10:00 P.M. The Chairman reminded the' Board that some decision should be made relative to lots 30 and 31, Block 18, Ward Street. He explained by use of a plan._that Mr. Casello's land abuts lot 30 which is the lot Mr. Stevens advises was improperly foreclosed and the Town is not in a position to convey. The Chairman was authorized to inform Mr..Casello what has happendd and let him make his own decision. Mr. Bertram P. Gustin met with the Board at 10:00 P.M. He said the Town Celebrations Committie'had re- ceived a request from the Council of Churches to act Town celeb. as Moderator for a Thanksgiving celebration.' The Jewish Committee Community Center or the Catholic Churches have'not been represented. The Council felt it is not within their jurisdiction and felt if the'Town Celebrations Committee would be the spearhead; they would ttien'act as co-opdinator. The Chairman asked if there was any assurance that such an arrangement would be successful with regard to the Catholic church or Jewish synagogue. He sattd there would be no point in doing it unlesd they were in favor. The Chairman said that Mr. Gustin could gind out how they felt by talking feith them and if they are favorable, write bhe Board a letter'to that effect and consider that it is all right. Mr. Gustin retired. at 10: 15 P.M. Further consideration was given to appointments Appointments to the Town Celebrations Committee. Upon motion duly made and seconded, it was' 1 voted to appoint Mrs. Doris L. Pullen, 17 Percy Road and Mr. Lincoln P. Cole, Jr., 16 Hill Street, members of the Town Celebrations Committee for three-year terms expiring April 30, 1960. Further consideration was given to letter re- ceived from the Cary Memorial Library Building Addi- tion Committee relative to acquisition of land for parking facilities.. Mr. Maloney reported that Mr. Albert Douglass is not interested in disposing of any of his property. He will need a garage in the rear and is hesitant to out his area down which might affect his business. The Chairman was authorized to advise the.Com- mittee that the Board can see no possibility of the Town acquiring additional property from Mr. Douglass as he has plans of his own. ?4s. Morey said the only solution is for the Town to get first refusal on Ur. Newhall's property. Letter was received from Mr. Carroll, Town Clerk advising that he has received a letter from Alan G. Adams resigning as a member of the Lexington Planning Board. Application for Certificate of Incorporation was received from Edward J. Cronin, Secretary of the Commonwealth, on behalf of Vincent M. Caputo. Letter was received from Chief Ryoroft report- ing that,o* Mkty 12, 1914.9 Mr. Caputo was arrested by officers of his Department just beyond the Cambridge Reservoir, and lust off Route 2, attempting to steal shrubbery which had been planted by the'State. He was found guilty of attempted larceny, fined $25 which he paid, and the case was filed. It was the opinion of the Board that some mention should be made of the police record in the report to the State. 485 Library parking Resignation Cert. of Inc. The Chairman'reminded the Board that Chief Engineer Cook's term as Fire Warden expired June 1, 1957. Appoint- Upon motion of Mr. Tucker, seconded by Mr. Reed, went it was voted to re -appoint Roy A. Cook Forest Warden in the Town of Lexington for a term expiring June 1, 1958, subject to the approval of the Director of Forestry. The Chairman reported that the Lexington Golf Club would lik to have a few loads of gravel put on the land 486 where the contour of Hill Street was changed leaving a strip of land between the pavement and the stonewall, Golf Club so that it could be used as a parking area to get the parking cars off Hill Street. area Mrs. Morey asked if the Club wanted the Board's permission to put the gravel on. The Chairman explained that the Club will put on the gravel and he told the Club spokesman that he thought the Town would grant permission to place the gravel and use the area for narking.— The Chairman was 'authorized to advise the Club that the Board had no objection. The Chairman reported that Mr. Gayer has two individuals to whom he would like to give an increase Wage rates in salary. One is Warren Hamilton who has taken over increased Mr. Shoats position. Mr. Shea was making $1.95 per hourand Mr Hamilton is making $1.76 per hour. Mr. Gayer would like to pay him $1.86 per hour • .The 'Chairman said the other individual is W. G. Weisinger who now earns $1.86 per hour. He has been trained as a shoves operator by Mr. Maloney. This position was made available when the Town purchased a new backhoe and Littlefield's shovel was no longer hired. Mr. Weisinger has passed the State iimamination which is required before_one can operate such a machine without constant supervision. He said that Mr. Gayer would like to increase his rate to $1.94 per hour. Mr. Maloney said he has discussed with Mr. Gayer the fact that Weilinger is very hard on the equipment. It was unanimously agreed to authorize Mr. Gayer to increase Mr. Hamilton's pay rate to $1.86 (Grade per hour and Mr. Weisinger's pay rate to $1.91 (Grade 6) per hour.' The Chairman'reported.that Mrs. Muriel Stone, Clerk to the Board of Appeals, has submitted her resignation Resignation effective Monday, June 10, 1957. The meeting adjourned at 10:50 P.M. A true record, Attest: • / ive/ler Select 1 1 SELECTMEN ' S MEETING June 10, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evei:ing, June 10,.1957 at 7:30 P.M. Chairman James, Messrs. Maloney,. Tilcker.and: Mrs4< Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition.of the New England Telephone and Telegraph Company for permission to install cable in Marrett Street and Airport Road. Mr. Consilvio, representing the petitioner, was the only individual present at the hearing. Mr, Consilvio explained that there is an exist- ing manhole at the corner of Massachusetts Avenue and Marrett Street. He also reported that the sub- ject has been discussed with the Chief Engineer of the Department of Public Works, 133 Third Street, Cambridge, and approved by that department. The Chairman asked if the cable would go along Marrett Street, the complete length, then onto the Airport Road to the Lexington -Lincoln Line and Mr. Consilvio replied in the affirmative. He said it would then be extended through Linoen to the pro- perty line at the airport. The Chairman asked if it was a new extension and Mr. Consilvio replied in.the affirmative stating that it would be underground. Mrs. Morey asked if the Boston Edison line.was already underground and Mr. Consilvio replied that he thought it was. Mr. Stevens arrived at the meeting at 7:40.P.M. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following installations of underground cable•by the New England Telepho and•Telegraph Company: Marrett Street: Airport Road: -- From manhole #54/,94. at Massachu- setts Avenue, northwesterly ap- proximately 1760 feet. From Lexington -Lincoln Town Line, southeasterly approximately 230 feet. 487 Telephone cable 48 The Chairman read a letter from William F. aaterino, lli. Fairland Street, Lexington, request- ing installation of a water main to service twenty- three lots on Eastern Avenue. Another letter was received from Mr. Caterino Req. for requesting the installation of a sewer main to service water & the same lots. sewer Mr. Gayer said that it might be possible for the Town to do the work but he has not had an opportunity to figure out what is involved. He agreed to have definite information on the requestsfor next week's meeting. Mr. Gayer reported that he received only one bid for a hone. The Chairman asked if he knew of any other com- pan4.es that could have provided the equipment if they wanted to bid and Mr. Gayer replied in the, ffirmative.- H°i explained that the unit is well known and the appro Bid on priation was -$1,000. hone Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to accept the bid submitted by the mainten- ance Equipment Company for one Meco Triple. -Action Roadmaater Maintainer at a net price of 085. The Chairman reported that Miss Alice Monahan telephones the Selectmen's Office and requested that a few loads of loam from the Lowell Street sewer project be dumped on her property. Mr. Gayer -explained that an easement was taken through Mr. Busate property and hg was told that if Loam there was any access material through the easement that he could have it but any other surplus material would be taken to the dump. The men did not stop when they came to Lowell Street.and Miss Monahan saw them., However, they finally stopped them. Mr. Maloney asked if Miss. Monahan was referring to Town property and if she needed the fill. • Mr. Gayer mentioned a culvert and said he would check it because she claimed that the Town at one time closed it when the sidewalk.was built. The Chairman asked what the Board was going to do about the drain at Longfellow Road. Dradinage Mr. Maloney reported that he, Mr. Gayer and Mr. Stevens had inspected the area. 1,04 1 489 He repdrted that after a hurricane Mr. Burns called him and showed him the critical areas in town. At that time there was no problem here. He said, although he was not an expert, he could not see the justification for a 42" drain. Mr. Gayer said that, at Mr. Maloney's suggestion, he, asked Whitman & Howard, without advising what has been done by the Town, to make a check of the area. He was supposed ,to have a report today and will have it to- morrow. Mr. Maloney said that there are large lots in the area and the grade is changed during development. He would like someone more qualified to make a decision. Mr. Gayer said he felt by the time the area is built up the 42" drain will be crowded. Mr. Maloney pointed out that the 12" drain was never crowded. Mr. Gayer explained that there will be more run off with increased pavements, roofs and grass areas and there may be more run off as it is built up. Mrs. Morey asked if the Board had the difference in the cost between the two sizes and Mr., Gayer re- plied that he went upstairs one evening and obtained that information for the poard. Mr. Maloney said if a 42" drain is put in it will have to he dropped possibly 3' at the brook. He said that the drain at the nursery has been there for fifty years and there is no problem with the pipes or the brook as long as they are cleaned. Mr. Maloney said he would like to know why a 12" drain was installed and who permitted it if it is de- termined that a 42" pipe is necessary. Mr. Tucker mentioned putting in.two 20" pipes rather that qne 42" pipe. . Mr. Gayer was requested to contact the Chairman: when he receives a report from Whitman & Howard. Mrs. Morey asked if the Board could settle on Whitman & Howard's recommendation if it comes out half way between 38" and 42" Mr. Gayer reported that Peter Oppenhein, of Peter's Music Stbre, has requested increased lighting from the Colonial Garage to the Common. He approached the Boston Edison Company and was told they would make a study,at no cost but could not do it without an order from the Public Works Department. 490 Mr. Maloney said he saw a latter from the Chamber' of Commerce was going to request brighter lighting for the center. He said this has been going on for three years now. Mr. Tucker sated if the object was better police protection or for lighting up the stores. Mr. Maloney said there is a contrast between the illumination of the parking lot and the center. Mr. Gayer asked if the Board wanted to have the lights in the parking area turned off at midnight. ¥2e. Morey said that there should be some illumina- tion, but the brightness is not needed. The Chairman explained that the lights will have to be either on or off. Mr. Maloney said he thought the lights proved very Street effective insofar as police protection is ,concerned. lights He said he has not discussed this subject, but Lex. Center for the past two or three years the Chamber of Commerce has been wanting brighter lights through the center. He said the members feel it is better for people cross- ing the street. Mr. Maloney said he would like to know what the cost would be to have the• center more brightly illumina- ted and the Chairman suggested that Mr. Gayer arrange to have the•Boston Edison Company make a survey. Mr. Gayer said he had been approached as to whether tr not the Town is interested in purchasing transits pipe not made in this country. He said per- Transite sonally lie would like to continue with his present pipe supplier. • Mr. Maloney inquired about the difference in price and Mr. Gayer said it is very little. The Board was not in favor of making any change. Mr. Gayer reported that an individual on a State Highway wants a sidewalk in front:of his pro- perty and is willing to pay for the entire cost. Mr. Stevens pointed out that the Town could very well be assuming maintenance and suggested that.the owner of the property apply to the State for a permit. Mr. Stevens inquired as to the status of the new town way from Depot Square to Meriam Street. Mr. Maloney explained that if water and sewer is installed Mr. Smith will be relieved of the ease- ment in back. 1 Mr. Stevens said that the MacNeil land has an easement across the Smith land and it does not dis- appear because of the street in front. He said Mr. MacNeil is anxious to start the construction and Mr. Tro- peano had been advised that the water and sewer in- stallations had been shelved. Mr. Maloney said he'would contact Mr. MacNeil and also Mr. Smith. Mp. S$e_¢e s said he would advise Mr. Tropeano that the Board is working on it and the matter will be brought to a conclusion very shortly. Mr. Gayer retired at 8:30 P.M. The Chairman read a letter from Mrs. Hannah M. Osborne reporting that she fell Friday night, May 31st at 9:40 P.M. opposite 20 Muzzey Street where she claimed the sidewalk was very uneven. Mr. Stevens said he would eheck the Statute in the morning to determine whether or not requirements of notice have been followed. Mrs. Morey said that one sidewalk area which causes her concern is that beyond Foster & Lamont's office in front of the diner. Mr. Stevens said that actually, the police in most towns are charged with the function of reporting any defect they find as they go along about their duties. Letter was received from Mr.figgoll with reference to a claim for damages/on behalf of Ernest Johnson, 45 Grove Street for the loss of a cow killed on Route 128 near the Grove Street bridge. Mr. Johnson's attorney, Joseph F. Dee claimed that the defective fence permitted the cow -to stray onto Route 128 where she was struck and killed by a motor vehicle. A copy of the communication was sent toAr. Stevens. 491 Sidewalk Claim Claim The Chairman read a letter from Mrs. Rich, Collector of Taxes, advising that R. A. Roberts, Deputy Deputy Collector, had returned to his former Collector employment. She said she hoped:'something could be done about recovering some of the $1,376.86 which is still on her books. Mr. Stevens said he would write Mrs. Rich on the subject. 492 The Planning Board and Appropriation Committee met with the Selectmen, the appointment having been requested by the Appropriation Committee to discuss the proposed re -zoning for a Shopping Center. The Chairman asked if it would make any differ- ence to the Appropriation Committee if there was not to be a Town Meeting and Mr. Madden replied in the affirmative. The Chairman explained that the Planning Board has determined that the way the proposed rZonngiBy ew to provide for a Regional Shopping ei written, the Board cannot recommend it to Town Meeting. Mr. Madden explained that his Board had in mind that section of the General By-laws which states that the Appropriation Committee -may at each Special Town Meeting give its adviee or reco yes•Ations with reference to municipal matters/ #6the Town. He said the Committee thought it should get some in- formation on the subject. as The Chairman said that the Planning Board//e- cided it cannot recommend favorable action. Mr. Rowse asked if the reason was because of mis- takes or something else. The Chairman explained that first, the project, since discussions had started, had increased in scope; secondly, the by-law included a provision for an•office building which the Planning Board did not like and , thirdly, they thought the traffic problems would be more severe than they would like the town to face. Mr. Rowse asked what that had to do with not having a Town Meeting if the Selectmen wanted one. The.Chairman explained that the Filene people have. taken a position from the beginning that if the Planning Board or the Board of Selectmen were/oS$ose Town the change they would not want to go through• with it. Meeting Mr. Madden asked if that meant Filene's withdrew re: zoming and the Chairman replied in the negative. He said that there may be a meeting of the minds in regard to points of differences and if so it may come before the Town Meeting September 16th. Mr. Madden asked for the reason for not having a Town Meeting and the Chairman explained that the Planning Board is net in favor of the proposed by -low, and it would be the function of that Board to propose it. Mr. Rowse asked if the Planning Board had written the proposed by-law and Mr. Stevens replied that he 1 493 had worked on drafting it which was all done rather hurriedly. He explained that, as so often happens when one puts things down on paper differences of opinions begin to appear and there were a number of recommendations made by the Planning Board in the drafting which were not acceptable to Filenes. The Planning Board felt it was Filene's proposal and there was no use having a by-law not acceptable to Filenes. The Planning Board arrived at the meeting at 9:00 P.M. Mr. Stevens explained that the Planning Board did not like the provision for an office building and there were other things such as the type of business to be carried on. After the hearing the Board felt it was not in a position bo recommend the present by-law. Mr. Grindie and Mr. Jaquith explained to the Ap- propriation Committee the reasons why the Planning Board feels it cannot recommend the entire project as it was presented. The group retired at 9:55 P.M. The Chairman read a letter'from the Appropriation Committee advising that the Committee had elected the following officers: William Madden, Chairman, Norman Richards, Vice Chairman and Edward A. Palmer, Secretary. The Chairman read a letter'from the Planning Board advising that on April 29, 1957 Frances May Baskin sub- mitted an application for approval of a definitive plan entitled "Loring Hill Estates Section One Lexington, Mass." dated April 12, 1957. The Bdard understood that Ernest J. Corrigan has purchased the property and plans to aasume the obligations of the applicant. The land included in the subdivision is part of the land formerly owned by the Lexington Estates Trust and is covered by the written agreement between the trust and the Town. The Planning Board understands, under the agreement that the Town is obligated to construct'a Board of Sur- vey Street from Waltham Street td the boundary line of this land where it will meet the nearest street to be built in the subdivision. It also understands that the Town will take the necessary steps to have the street constructed. The letter stated that the Planning Board would like to know if its understanding of the situa- tion was incorrect as it is obligated, under the Sub- 494 division Control Law, to take final action on the subdivision this evening. The Chairman said that the Planning Board's understanding was correct. The Chairman read a letter from the Stanley Hill Post, No. 38, Inc., American Legion, advising that the Post would like to acquire the property at the corner of Massachusetts Avenue and Woburn Street, now being used by the Boys' Club. Mr. Maloney suggested that the Board request an appropriation for demolition of the building which . Boys' Club he reported is in very bad condition. property Mr. Tucker suggested, and the Board agreed; that the Chairman advise the Post that the Selectmen have no definite plans for the property but in view of the condition of the building, it will in all pro- bability be torn down in the near future. Letter was received from John Blackhall Smith, Superintendent of Schools in reply to the Board's letter of May 28th relative to custodian and'main- tenance men he had requested the Board/appoint as Special Police Officers. Upon motion of Mr. Tucker* seconded by Mr. ,t was voted to rescind the vote passed 6 Special on May 1957 appointing certain custodians and Police maintendnce men, eMployed by the School Department, Special Police Officers. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to appoint the following Special Police Officers for terms expiring March 31,1958: Duncan Fw Swan, John Blodgett, Joseph Gallini, Clyde L. Hayne, Arthur Linfield, Oscar Heimlich and Edward Stevens. The Chairman referred to tax title lot 18 and part of 17 on Sylvia Street which Mr. Alexander Tax title MacMillan, an abutter had discussed with the Board on May 13, 1957. Upon motion of Mr. Moloney, seconded by Mrs. Morey it was voted to entertain an offer of $1,000 for these parcels of tax title land. fOr _i.•..� i•ti Sl G.1. L;i The Chairman read a letter from the Appropriation Committee to Mr. Gayer advising that a transfer of $1500 had been approved for demolition of the concrete water tower. Transfer 1 495 Upon motion of Mr. Maloney, seconded by Mr. Tuckerr, it was voted to sign a First Class Agent's License license in the name of Dunn Ford Sales, Inc. Originally the license had been granted to Mr._ Dunn who operated the business as a partnership. It is now incorporated and the Registmer of Motor Vehiciee requires a new license covering the corporation. The Chairman reported that he had discussed appointment of a Veterans' Graves Officer with Mr. Hynes, Chairman of'the Cemetery Commissioners. Veterans' The Cemetery Commissioners are investigating Graves the subject and have not arrived at any decision.. Officer Mr. Hynes did say that they found out the Veterans' Agent is supposed to take over the duties. The Board -decided that no action is necessary until something further is heard from the Cemetery Commissioners. Letter was received from Mrs. Doris A. MacNeil, 117 Shade Street, in opposition to the proposed Filene shopping center. Inasmueh as the 1957 real estate tax rate was published in the local paper and the information withhed.d.t from the Board, the Chairman was authorized to advise the Board of Assessors that the Selectmen would appreciate being advised of Town business before it is released to the press. The meeting adjourned at 10:50 P.M. A true record, Attest: tivefilerl, Selec /t ci 496 Water & Sewer SELECTMEN'S MEETING June 17, 1957 A regular meeting of the Board of Selectmen was. held in the Selectmen's Room, Town Office Building, en Monday, June 17, 1957 at 7:3.0 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. William Caterino's request for installation of water and sewer to service twenty-three lots on Eastern.Avenue was held ever. Mr. Gayer reported that, as an estimate only, it will cost between $35,000 and $40,000 for the two in- stallations because there is a considerable amount of ledge in the area. He said that at the present time he does not know whether there will be funds available er not. The Chairman asked what it would cost if only the water was installed and Mr. Gayer replied that it would probably be more than x$10,000 because of blasting. The Chairman suggested that if both installations were done at the same time, they could be put in the same trench. Mr. Gayer said he did not know how he was going to end up on this but would have the betterment esti- mate sheets prepared and sent out. Mrs. Morey asked if the lots listed in Mr. Caterino's letter were/Nth sides of the street and Mr. Gayer replied in the affirmative. It was agreed to have Mr. Gayer send out the estimated betterment sheets for signatures and when they are returned further consideration will be given to the requests. Mr. Gayer asked if there was some way in which a long weekend could be arranged for the employees at the garage on the 4th of July. After discussing the subject at length, upon Holiday motion of Mr. Reed, seconded by Mr. Tucker, it weekend was unanimously voted to close the Tow Office: Building and the Public Works Building on Friday, July 5th; the employees in the Police and Fire department to bo given a day off in lieu of July 5th at the cenvenienoe of the departments. A notice relative to closing is to be inserted in the Lexington Minute -man. 1 Mr. Tucker brought up the subject of water pressure and recalled that last year the Board requested persons living in homes with odd numbers restirct their watering tb the odd numbered days of the month and those in the even numbered houses on the•ewen days of the month both between the hours of midnight and .9:00 A.M. Due to the fact that the publicity given the subject this year did not mention the odd and even numbers, Mr. Gayer was instructed to insert a notice in the paper calling the public's attention to further restrictions. It was also suggested that some mention be made relative to the appropriation providing for the erection of a new storage tank. Mr. Stevens, Town Counsel, arrived at the meeting at 8:05 PM. 497 Water baa Mrs. Morey inquired about the status of the pre - posed "No Right Turn" sign for Hill Street. Traffic Mr. Gayer reported that he was advised by the- Control State Department of Public Works that an application could be filed. Mr. Stevens reported briefly on the status of the claim of Mrs. Agnes M, Commons, 402 Bedford Street. Upon motion of Mr. Tucker, seconded by Mr. Reed, it was voted to pay the sum of $100 to Agnes M. Commons in consideration of a confirmatory deed of a sewer Commonat easement taken acress her property for the construction claim of a trunk 1LRe sewer, and release of damages for the said settled taking; said payment to be applied against the cost of connecting thehouse to the sewer in Bedford Street, Mr. Stevens explained that a transfer could- be made from the Sunnyfield Sewer Account to the Sewer Services Account, and he agreed to prepare the con- firmatory deed. Mr. Stevens referred to the Riboch drain in the area of Hawthorne and longfellow Reads.. Riboch TheChairman asked LS Mr. Maloney if he had any drainage further information and he replied that he did not have enough to change his mind. The Chairman reported that he had a letter from Whitman & Howard stating that a L.2" drain 498 would be required if the slope was at a certain level, a t 8" would be rsequired. Mr. Maloney reported that he talked to two people in the area who said they have no water pro- blem and did not even know there was a proble;. He said the grade had been changed in the area which will maks a difference and he questioned the drop. Mr. Gayer explained that he could get the in- formation from the tope map. Mr. Maloney said that there will not be much covering On the pipe. Mrs. Morey said/thd Town starts closing all brooks, the character of the land will be changed. Mr. Gayer said that the run off from the roofs, streets and driveways. will change it. Mr. Maloney explained that his only interest is not t• get„the Town involved. Mr. G yer explained that whether the town. is in- volved or fiat, he tried t• advise the Board as t• what he felt is required. The Chairman asked what is meant by a two year storm. Mr. Gayer explained that the engineers take rain gauge readings and take the largest storm occurring within the period of study. The two --Tear storm is the largest rainfall recorded in that area ih a . two-year period. The Chairman said, trying to remember the letter, the 142" is required for a two-year storm but a 118" would have been required if it had been for a five- year storm. Mr. Maloney asked if Mr. Gayer's only justifica- tion was tfiat he felt the other pipe in not large enough. Mr. Gayer replied in the negative and said he has made a study of the drainage area using the in- formation the department had and using the rainfall furnished by the Department of Agriculture and the Weather Bureautogether with the need picture. He then determined what the amount of rainfall is apt to be in the area and then computed the side •f the pipit. Mr. Maloney said if the 12" pipe is doing the jab and has been doing the job, it will look bad if tie developer sues. Mr. Gayer said he was recommending a 42" pipe, 1 499 but if the Board feels that is too large it is for the Board to say so. Mr. Tucker inquired about the difference in cost between the two,siaes and Mr. Reed explained that it will cost the developer 4$,000 for 42 and $2,000 or $3,000 for 12". He said he felt that the Town should absorb some of the cost if it insists on a 42" pipe. Mr. Maloney said that the Town is not only asking the developer to drain his own land but is asking him to drain other lands. ut Mr. Tucker inquired/the Town's liability • if a 12" drain is installed and Mr. Maloney said that the town may have to do the job over again and put in a larger drain. Mr. Gayer agreed.. Mr. Reed asked if the developer was insisting on putting in a 12" drain and Mr. Gayer replied that they have been told to put in a 42" drain. - Mr. Reed asked if the developer would go along with a 24" drain and Mr. Gayer replied that he did not know. Mr. Maloney said that if the Board is of the opinion that something should be done and the developer is call- ing Mr. Stevens for a decision, he should find out what they would be willing to do. Mrs. Morey said that if the former engineer recommended 42", Whitman & Howard recommends 42" and Mr. Gayer recommends 42" and the Board decides on a 42", the strip the developeris going to put in is a section and the pattern will be set for 42". The Chairman said that the pattern for reimburse- ment will also be established. Mr. Reed asked if the Board was agreeing on;a 42" pipe-. The Chairman said that as he recalled it, last week the Board decided to go along with Whitman Ec Howard's recommendation. They recommended a 42" drain. Now the Board is discussing reimburstthis developer. If this developer is reimbursed the eameprocedure will have to be followed all the rest of the way. Mr. Reed asked if the Town was going to pay the difference between a 12" and 42"; a 24" and 42" or a 36" and 42". The Chairman said that the Board will be establishing a precedent which will carry some weight for the future. Mr. Reed asked if thiInstance was any different than the Planning BoardAlletfl' lgstreet to be -con- structed in a development. Mr. Stevens explained that usually #s the sub- divider is not satisfied with the Planning Board's recommendation he can go to court„ Here they are coming to the Selectmen because they sey they have 500 a claim against the town for casting water on the land and because Of the claim, they think the Town should step in and help them in meeting the Planning Board requirements. He said as one looks at the land it seems to be consistent with the statement of Miller & Nylander and McConchie, that the brook was there before and was put in a culvert. Mr. Stevens said that if they go on the basis that the Town is, ptttting water on the land, the size of the pipe would not enter into it. Mr. Tucker asked what would happen if the Board decides on a 42" drain and the subdivider doesn't agree. Mr. Stevens replied that the; subdividion will not be approved. Mr. Reed asked if the subdivider would have to put.in a 42" drain if the decision should go against the Town. Mr. Stevens said that there would be nothing, in that decision; it would be/ifferent eourt. He said he would not mind defending the Town. 'He takes the evidence of the engineer. However a judge or jury may not agree with the engineer. Upon motion of Mr. Reed,.s econded by Mr. Tucker, it was voted to advise the developer that the Board of Selectmen is of the opinion that there is no obliga- tion o4 the part of theTowa to participate in my way in laying the drain. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to hold Selectmen's meetings on alternate Meetings Monday nights for the months of July and August, the next meeting having been scheduled for June 24th. . Mr Stevens retired at 8:54 P.N. The Chairman read a letter from the Additional New Town Town Office Building Committee advising that it is Office Bldg. the opinion of the Committee that the New Town. Office. Building should be painted white in accordance with the architect's recommendation. Mr. Gayer asked what color paint is to be used on the present Town Office Building and the Board agreed that it should be painted to match the new building. Mr. Gayer retired at 8:55 P.M. Notice was received from the State Department of. Speed Public Works relative to revised Special Speed reg. Regulations No 39 and 39-A on Route 2A. 1 501 The Chairman read a letter from Ralph E. Chadwick, Sealer of Weights and Measures advising that two teat cans stored in the open basement of Weights the Town Office Building are missing. He asked and permission to use the room now need by the Health Measures Department when that Department moves to the nerd building. Letter was received from the Additional Town Office Building Committee advising that the sum of $5355 is necessary for completion of the work. The Chairman explained that he had asked Mr. Brooks, the Chairman, to send a letter to the Board telling how much money is needed sid have it itemized because the Selectmen did not want to re- quest a transfer if any portion could be held over until a Tom Meeting. Mr. Reed explained that no firm bid has been received on the furniture. He said he thought he advised Mr. Brpoks not to request a transfer un- til he had more information, and explained that the Selectmen would not request a transfer of a flat sum,. It was agreed to take no action on the re- quest for the time being. The Chairman read a letter, from the Dow Chemical Company addredded to Manager, Industrial Development Commission, advising that the company established its new Eastern Research Laboratory at Framingham last Summer. They are now looking fora -site to build premanant laboratory facilities and feel that Lexington might be an advantageous location. The Chairman said that possibly the Selectmen, Planning Board, or representatives from both Boards should meet with the Dow Chemical people. Mr. Tucker suggested sending them a copy of the Zoning By-law and advising that Lexington does not have an Industrial Development Commission. The Chairman said he would like to give them more encouragement than that. He explained that the type of land they would be interested in would require re- zoning. He said that now, or maybe in September the temper of the Town might be such thea it would recommend this. Threhairman was authorized to acknowledge the letter and advise that Lexington does not have.:an Industrial Development Commission, but the Selectmen would like to meet with them and representatives from the Planning Board. Transfer Zoning 502 Letter'was received from Mr. Carroll advising that the Planning Board has appointed Fred D. Wells as a member od the Recreation Committee for a period of two years. Mrs. Morey suggested a letter or telephone call from the Board to Mr. Crerie, former Chairman of the Recreation Committee, thanking him for carrying on during the Committee period of establishment of the Committee pursuant to the new By-law, Article XXIX, Section 1. The Chairman agreed to write such a letter and recommended writing to each member of the previous Committee. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that the following individuals have been appointed by theModerator to serve on the Group Insurance Study Committee, authorized under Insurance Article 35 of theAdjourned Towi Meeting held on . Committee March 25, 1957; Ralph H. Davis, Bryant C. Emerson, William C. Madden, Donald M. MacDonald and -Nathan B. Ricker. Notice was received from the Department of Public Utilities advising that a hearing will be held on July 3rd, 10:30 A.M., Room 166, State House Hearing on petition of the. Middlesex & Boston Street Rail- way for a certificate to operate buses in the area of Watertown Street and Pleasant Street. License Bid Application for a certificate of character was: received from the State on behalf of Anthony Albert J. Bryon, Jr.,. 303 Lotrell Street, who has applied for a State Peddler's license to sell ice cream. Satisfactory character reference was received from the Chief Of Police. Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to sign the certificate of character. The Chairman read a letter from Mr. Carroll, Town Treasurev, with reference to the $500,000 borrowing in anticipation of revenuer The success- ful bidder was the Merchants National Bank of Boston who bid 1.8%. The Chairman reported that he had received a telephone call from Mr. Tobiason registering a com- plaint about Shannonts gravel pit being used for swimming. Mrs. Morey recommended acquiring the property for an auxiliary dump. 1 The Chairman asked it this wasn't a problem for Dr. Shannon to solve, 'rather than one which the Town should handle and agreed to contact Mr. Stevens on the subject. Mrs.•Morey brought up the subject of one man in the police'cruising cars and the Chairman ex- plained that the Board's opinion in the matter was passed on to the Department, but it was not an order. The meeting adjourned at 9:L.0 P.M. A true record, Attest: tive/,Cler 503 Complaint 504 SELECTMEN'S MEETING June 24, 1957 A regular meeting of the Board of Selectmen was ,:. held•in the Selectmen's Room, Town Office Building, on Monday evening, June 24, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon the application of Mr. Angelo Busa for permission to maintain one under- ground tank for the storage of 1,000 gallons of gasoline on premises at 137 Grant Street, Gasoline The application was approved by Bernard J. Belcastro, Hearing Deputy Chief of the Fire Department. No person appeared in favor or in opposition. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant Mr. Angelo Busa a license to maintain one underground tank for the storage of 1,000 gallons of gasoline on premises at 137 Grant Street. Mr. Gayer reported that Mr. William G. Potter had an extremely high water bill. During the winter there was a break in a temporary line and they installed to feed the boiler. He asked Mr. Gayer if he could do anything about the bill. Mr. Gayer told him in Potter's a case such as this he would present it to the Board. water Mr. Gayer read Mr. Potter's letter to him stating bill that any consideration the Town might give by way of an adjustment in the bill would be appreciatadc. Mr. Gayer reported that the pit meter registered a consumption of 228,400 feet of water for the six months period from November 29, 1956 to May 4, 1957 which was billed in the amount of ;325.36. When the meter reader went back to check the meter reading, he found that a consumption of 94,400 cubic feet of water had registered from May 4, 1957 to May 29, 1957 which would cost Mr. Potter 122.72. For the total period from November 29, 1956 to May 29, 1957 the pit meter ' registered 2,414,544 gallons at a cost to Mr. Potter of ;448.08. Mr. Gayer explained that the cost to the Town for water iE ;80.00 per million gallons so the Town paid ;193.16 for the water registered on Mr. Potter's meter and the cost to him would be ;448.08. Mrs. Morey asked how large his bill was for a similar period last year and the Chairman asked what a normal bill would amount to for the same period. C"" 1 Mr. Gayer said he did not have that information. Mr. Tucker asked if the break was in Mr. Potterts own line and Mr. Gayer replied in the affirmative. Mr. Maloney said the break was in his own pipe and not in the Town's pipe. Mrs. Morey asked if it ran through the meter and Mr. Gayer replied in the affirmative. He explained that it was a temporary line they laid during the summer which they continued to use and it "froze. He said when the high reading was noticed, the meter reader went back. Mr. Reed asked if it was still leaking in May, and Mr. Gayer replied in the affirmative. He re- ported that NIr. Potter started looking around and found the leak. The Chairman said he would like to know what the normal bill would'have been. Mr. Tucker asked what bearing that would have on the subject. Mr. Maloney said that Mr. Potter probably does not want the town to lose any money, but is looking for some consideration, He said he is in a special price brackett for the amount of water he used. Mr. Reed said he thought he thould pay what it cost the Town anyway. Mr. Gayer agreed to find out what the normal bill for that period would have been and report at the next meeting of the Board. Mr. Gayer reported that work on Dutch Elm diseased trees not owned by the Town id getting heavier all the time. He asked if the Board wanted to make a decision relative to taking care of Town trees first. Mr. Maloney said it is reported'that the large elm tree in front of his place of business is diseased. He said he had heard about something the DuPont people had. to combat it. Mr. Gayer said he had not heard anything about it. He stated that he receives the agricultural bulletin all the time and to his knowledge there is nothing to combat the disease. Mr. Reed asked if he intended to take care of the Town trees first and let the private trees go. Mr. Gayer replied in the negative, and said that the trees on private property would be taken care of by a private concern under the supervision of the Tree Warden and paid for by the owners. 505 Dutch Elm disease Drainage Removal of loam He said if the people refuse to have the trees taken down he would like to check with Town Counsel to see what can be done by way of forcing them to have the trees removed, Mr. Reed asked how many private trees and how many Town trees were diseased. Mr. Gayer said he had that information before but he didn't have it now. The Chairman asked if the Town crew could take care of all the public trees. Mr. Gayer replied that they could do a better job than they are doing now but he could not say that all of the diseased trees would be taken care of. Mr. Maloney suggested that Mr. Gayer -find out how many trees have been taken down in 1957 on Town pro- perty and how many on private property. Mrs. Morey said that if'a tree has Dutch Elm dis- ease and the owner is told to take it down and refuses, the Town can take it down and the owner will -have to pay a portion of the cost. Mr. Reed said that the Town can take them down any- way but he was not positive about'the cost. He explained that the Town doesAhave to obtain permission from the owner to take/ tee that had Dutch Elm disease. Mrs. Morey said that until the'Town has soma way of covering the diseased trees she would say let -them stand. Mr. Gayer explained that they Are sprayed with D.D.T. and the Department of Agriculture claims it is as effective as burning. Mr. Maloney suggested that Mr. Gayer find out what other Towns are doing in regard to the diseased trees on private property. Mrs. Morey said if it comes to the point where the individual had to have the tree removed himself, it would be good to get a company that will not overcharge. Mr. Reed said he thought the bill should be sub- mitted to the Town and the Town reimbursed by the owner. Mr. Reed called Mr. Gayer's attention to a small pond between Countryside and the old Munroe property, almost opposite Peartree D . He said he noticed two -or three trucks taking dirt/N' the side of the hill and he asked Mr. Gayer to call this to Mr. Irwin's attention. Cm( 1 Mrs. Morey asked what the Board thought about in- serting a notice in the Minute-man,,just before the corn season, asking householders to put/alks in the bag the corn came in and place them beside the garbage pails. The Chairman said he thought the suggestion was all right, but not in itself. He said it should be part of a list of suggestions. Mr. Gayer reported that the contractor is doing a much better job this year than he was'a year ago at the same time. He said he has put on another truck. Mr. Reed reported that he has noticed the trucks do not have as much paper as they hsed to in the garbage. Mr. Tucker gave Mrs. Morey some ideas he had written on this and other subjects. Ars. Morey asked if "No Parking" signs could be placed opposite the Golf Club right at the curve. The Chairman explained that it would be a part of, the Traffic Rules and Regulations and would have to be approved. Mr. Reed said he thought they could be put up as an emergency. Messrs. Fitzgerald, Carlson and Rooney, represent- ing the Lexington Lions Club, met iaith the Board. Mr. Fitzgerald said they would like to operate a game of chance in connection with the 4th Of July program at Parker Fite. He explained it is called a cup game. There o games on either side and two in the front, six operating all at one time. It takes several people to man the game, four operators and a.cashier. It is a two to one or three to one game and the prize is two packages of ,gid garettes or money. The Chairman asked how this was any different from any other game of chance and"Mr. Rooney replied that there is no wheel. He said it would be operated by members of the Lions Club only and not by the promotor. Mr. Carlson explained that money derived from the game is in a pool. The expenses such as publicity, police, electricty and advertising are taken out and the difference is split with the Lions Club.- The lub.The Chairman asked if the money for this was part of all the income and not a special item and Mr. Rooney replied definitely not. 507 Garbage Traffic Control Lions Club 4th of July Celebratitn 608 Mrs. Morey asked if children under eighteen would be prohibited fRitl playing and Mr. Carlson re- plied that they will/everything possible to keep minors away from the game. Mr. Maloney explained to the group that there is no possible way the Board of Selectmen could grant permission for this. Mr. Reed asked if the Lions Club was unanimously in favor of the game and Mr. Rooney replied that the Committee agreed on it. He said the promotor would like to bring in three games but the Lions Club is staisfied with one. Mr. Reed said he understood some of the members were opposed to the game. Mr. Fitzgerald said the only objection throughout the entire group was wheels. Mr. Reed said that some of the members do not want anything that would affect the name of the Club and Mr. Fitzgerald said that the Club could stop the game if it is not staisfactory and that is in writing. • Mrs. Morey inquired about other games and Mr. Fitzgerald said that there will be rides, refreshments and twenty-four booths. There will be a few games for children:where they will win some kind of a prize. Mr. Maloney asked if arrangements had been made with the Park Department for setting up the booths, and Mr. Fitzgerald replied that the man in charge of the parks attended a meeting the other night. They are now waiting for the Boston Edison Company to determine where the transformer will be located. He said they will be operating Wednesday night and Thursday. The Chairman asked if they had contacted the • Chief of Police and Mr. Rooney said that they plan now to sit down with the Chief of Police, the Fire Chief and the man in charge of the Park Department. Mr. Fitzgerald said they plan to start at left field and go towards the tennis court. The only baseball game will be the Little League which will be played on their own field. Mrs. Morey said she felt everything, to some extent, is a game of chance and they did not need the last one which is an out and out game of chance. She said she would prefer not to have this extra one game included, but that is only hats personal feeling. Mr. Maloney said that the Board could not grant permission,bht he had no objection. twao C�9 1 509 The group retired at 8:10 P.M. Mr. Stevens, Town Counsel, and Mr. Gould, attorney for Mr. Corrigan, met with the Board. Mr. Gould said he hoped to get some things straightened oo.t so Mr. Corrigan could go ahead with his development. He said there is an agreement between the Town and now,Ernest Corrigan regarding the property he purchased from Baskin. He is interested in getting twenty-five lots developed out of a total of eighty-one. The original plan was to develop eighty-one which was sub- mitted and preliminary approval given. However, the development became cumbersotn.and it was cut down to twenty-five so the area would be properly developed. He said that under the agreement with the Town there' was to be a street built. He said he believed the plan shows where Mr. Corrigan has his streets laid out and ther is a question as wie.re the Town`was to tie in. He said he thought that had been settled so it will be tied in from Waltham Street to the nearest street in the development. He said they were told that the Town does not have the money to build the street but that a Special Town Meeting might be necessary. Mr. Corrigan has made ar- rangements to have six houses built almost immediately. These six houses would not be ready for occupancy'until October 15th at the earliest. He said he would like to^suggest that some arrangement be made so that a temporary street could be cut in there as a means of ingress and egress for the time being. He said they assume that between now and October 15th there would be ,Town Meeting and the funds would be made available so the street can be completed under the agreement. The Chairman explained that there is a problem id timing. The Board expects to have a 'Town Meeting ,September 16th. If money is voted at that time for the street there is still several months subsequent to the appropriation of funds before a street could be completed because of engineering, bids and construction. Mr. Gayer said he questioned the time necessary to complete the street end Mr. Corrigan thought two or three weeks would be enough, to build 600 feet without contemplat ng the mechanics. Mr. Reed asked if utilities had to go in and Mr. Gayer said that -is' the.way it ie;::plained.' Mr. Gayer said if the existing portion of Worthen Road is to be matched the street in question will. have to be fifty feet. 510 The Chairman said he could not see any need for making the street fifty feet now. Mrs. Morey said she thought thirty feet would be adequate and she said the would like to be sure it going to match the streets in the development. Mr. Gayer said he believed the development streets are twenty-four.feet. Mr. Reed explained that the road does not go directly in but goes in at a right angle. The Chairman suggested having the engineering Work done now and when that is done and a reasonable estimate is available request bids before Town Meeting. Then as soon as the appropriation is made, the bid.could be awarded. He asked if it could be done that way this - Fall.• Mr. Gayer said he thought it could be done and asked who would pay for the utilities from Corrigan's line down to the existing utilities. Mr. Stevens explained that the agreement does not say anything about utilities and just refers to building a'street. He said he did not think the Board bf Survey ever had anything to do with utilities. He asked it Mr. Gayer was planning to see if the engineering work could be done. ' Mr. Gayer replied that it will depend on personnel. He said he was going to lose Robert Higgins but he thought he could get someone to do it. The Chairman said he would like to have the engizieer- ing done, bids prepared and out before September 16th.., Then the Town will be ready to let the bid as soon as the appropriation is made September 16Vh. Mr. Gould asked when the street would then be fifished and Mr. Gayer replied that it wouldn't be three weeks. The Chairman asked if Mr. Corrigan would accept the idea of a filled and rough graded street for the winter to make sure of a good street before the paving is put'of. Mr. Gould asked if that would be advisable during the Winter and Spring. Mr. Gayer said it would be the best thing for it. The street would be rough, but passable. • The Chairman said thatthere isstill something to. be found out in regard to utilities. Mr. Gould said the Board's suggestion is a rough graded street with pavement to be completed in the Spring as early as practical and the Chairman said that was correct. Mr. Gould asked if it would be necessary to negotiate • C" 1 with the Town to obtain permission for the temporary use of the road between the present High School Road and the end*bf 8ortiganlbs, tedaperary-road chile this is going on. Mr. Stevens bbid-he thought Mr. Gould could check, with the School Department and find out what its plans are for the summer activities if any. Mr. Reed said that the Board would give tentative approval so if it is not school property he will not have to come back to the Board anion. Mr. Gould said it should/bP1ecessary for him to come back again for quite some time until the vote of Town Meeting. Mr. Gould retired at 8:45 P.M. Mr. Clarence Walker and Mr. Edward Munroe met with the Board. Mr. Walker asked what could be done about Tavern Lane and said he and Mr. Munroe had a common problem ill that they feel, since the drainage was installed in 1956, the street has never been restored to the condition it was found. He said that Mr. Gayer has talked it over wi h -him to some extent and made an investigation. However they never got to the point of meeting at the site to see if their opinions agreed or disagreed. He said his objective has been to get Mr. Gayer or some member of the Board to look at the str--et and perhaps Mr. Gayer needs a little moral support from the Board to encourage him to take a good look. The Chairman said that the Board could look„at it, but that would not tell what it looked like before the drainage was put in. Mr. Walker said the condition -today is much worse tha it was. There are boulders sticking out and there is a sunken condition in the road. He said there is a boulder on the side of the road and a pile of dirt along both side of the road that has been left. The Chairman asked if Mr. Walker was talking about the condition caused by the drainage installation and not the water. Mr. Walker said that the drainage came first and there was also an installation of gas. He said the street, never having been hard surfaced in the beginning 5,s in a bad condition. He said he would like to go a little bit further and do something to improve the access to the property. He said he could not build a new street, but if something was done initially to take some of the expense off, maybe he could finish it. 511 Tavern Lane t2 Mr. Reed said that the road was not in good condi- tion in the first place and it is not up to the Town to take care of private property, but it should be put back in. Mr. Walker said he lived in the area from 1935 to 19L0 and it was a good passable road in those days, and there never was any settling of water. Mr. Reed explained that the reason the Town installed the drain was a result of complaints received from the people on the street. It was agreed that the Board would meet Mr. Walker and Mr. Munroe at Tavern Lane at 8:00 toMorrow morning. Messrs. Walker and Munroe retired at 9:00 P.M. Ext. of Mr. Stevens explained that it is necessary to again 'time extend the time for passing papers with Esco and Millican. Upon motion duly made and seconded, it was voted to, extend the time for passing of papers to July 31, 1957. All copies of the instrument signed by the Board were r taken by Mr. Stevens. Mr. Stevens asked if there were any further develop- proposed ments regarding the proposed road from Depot Square and road said that Mr. •MacNeil wants to start construction of his building. Mr. Maloney said that he would have some informa- tton for the next regular meeting of the Board. Mr. Stevens retired at 9:05 P.M. The Chairman read a letter from.LeRoy Johnston, who owns property on Cliffe Avenue, requesting extension of the sewer to include his house at 78 Cliffe Avenue. Sewer Mr. Gayer reported that the Cliffe Avenue sewer item in the 1956 budget was not approved. The Chairman was authorized to advise Mr. Johnston that the installation will.not be made this year inasmuch as no funds were appropriated at the Annual Town Meeting in March, but the project will be discussed when the budgets for 1958 are being prepared. Mr. Donald E. Nickerson, Chairman of the Board of. Appeals, met with the Board. Mr.- Nickerson explained that the point at issue is a Secretary for the Board of Appeals. He informed the - 1 Board that the Secretary had been receiving $2.00 per hearing for many years. He said his question, in dis- cussing the subject with Town Counsel, was whether or not -the Board of Appeals could increase that amount. They average about six hearings every two weeks, and he suggest -d that the amount be increased to $4.00 per hearing. He said that Town Counsel asked what the increase would mean to some other people in the building. Mr. Maloney asked if all he wanted to do was to in- crease the overtime rate. The Chairman asked if all the notes were transcribed. Mr. Nickerson replied in the negative and explained that his Board had been under the impression that the notes had to be transcribed. However, he talked to Town Counsel and was advised that the notes do not have to be transcribed. They have to be retained and if a cas= goes to court that particular set of notes would have to be written up. However, that happens only on the average of once in three years. The Chairman asked what the duties are other than attending the meetings and taking down the information. Mr. Nickerson explained that notices have to be sent out, applications received, applicants advised as to what to do. Block plans are obtained from the Engineering Department and they decide what people are to be notified, usually twelve to twenty. Occasionally there may be a hearing where 100 people have to be notified, but that is a routine form. The girl attends the hearing, takes down the D$tes and writes up the decision of the Board which/usually a copy of the petition. The Chairman asked if the position required a gtrl full time five days a week and Mr. Nickerson re- plied that the girl should give the Building Inspector 54 of her time. R Mr. Nickerson retired at 9:15 P.M. Mr. Maloney said he thought the Boys' Club Building --should be torn down immediately because if it isn't there will be problems. He said he had a note for Mr. Geyer instructing him to shut off the water, have the gas in the street shut off and everything in the building. He said there are some things in the building that will be moved. The Hayden Building will be ready to take the boys in the Fall. The Chairman said that Mr. Gayer should first ob- tain prices for taking the building down. 513 Board of Appeals Boys' Club building L4 License Mr. Stevens. had some doubts as to whether or not the building could be torn down without a vote bf Town Meeting and said he would like to check any notes that might have been made when the property was acquired from Mrs. Sexton. Upon motion of Mrs. Morey, seconded by Mr. Reed, it was voted to renew the Countryside Market% Sunday License. The Chairman read a letter from the •Board l cif Re - Retirement tirement advising that Arthur Silva had been re-elected System a member of the Contributory Retirement System. The Chairman read a letter from Mr. William.Roger Greeley requesting instructions as to the colors that will be used in painting the ornamental wood panel in the triangular pediment of the Old Town Office Building so that the painting of the new Town Office Building, Painting will be agreeable to the Board and the Building Corn - T. 0. mittee. building Mrs. Morey suggested that the Chairman acknowledge the letter and tell Mr. Greeley that the Board is sure he will arrange to have the painting on the new build ing blend with that of theold building. The Chairman read a letter from Samuel Borella, Ward Street, on behalf of the 14-H Horse Club, re- Permit for questing permission to place bardboard signs at the signs intersection of Hill and Bedford Streets, Cedar Street and Massachusetts Avenue and Paul Revere Road and Massa- chusetts Avenue in connection with the Horse Show to be held on Sund8y, June 30th. The Board had no objection. Certificate of Incorporation was received from the Secretary of the Commonwealth on behalf of William Lyon, 55 Waltham Street. Upon motion of - Mr. Reed, seconded by Mr. Maloney, it was voted to sign the Certificate. The Chairman read a memorandum relative to a telephone call received from Mr. Fred Newhall. For a number of years Mr. Worthen conducted an examinattbn on the hieboDy of- Lexington for youngsters who wished to obtain a Guide License. If they passed the examination he advised the 1 515 Board of Selectmen who then issued a license. Mr. Garrity is willing to give the examination but would like some authorization from the Board and suggests• the establishment of a minimum age limit. He also suggested that sone certification be 'obtained from the Chief of Police relative to the applicants. The Board was in favor of.having Mr. Garrity con- tinue the examinations and was of the opinion that the children should be at least twelve years of age before obtaining a Guide license. The Chairman read a letter from Pitney -Bowes, Inc. relative to the adoption of the Metered Mail system. The Board agreed to grant the company permission Metered to make a survey of the present mailing procedures in mail the Town Offices, a report of the findings to be sub- survey mitted to the Board, According to the letter, this would incur no obligation on the part of the Town. The Chairman informed the Board that a Mr. Meader, Sound representing the Atlantic & Pacific, requested permissio Truck to operate a sound truck through Lexington on Wednesday n connection with a motor cavalcade advertising programs. The Board was unanimously opposed. The Chairman reported that he had discussed the Great Meadows with Thomas Rawson, Clerk to the Arling- Great ton Board of Selectmen, and suggested that inasmuch as Meadows the Lexington Selectmen were not having a regular meetin, next Monday night, a meeting of the two Boards might be arranged. The Chairman was authorized to make whatever arrangements he could for a joint meeting. The Chairman reported on a meeting he and Mr. Reed attended last Wednesday evening. He said that Colonel Dunlop, Bedford Air Base, wants a committee from each of the various towns, together with three or four of the officers of the Air Base personnel, to review the steps the Air Base personnel has taken to reduce noise and to review the flight patterns the aircraft is now taking, and then submit a report with any recommendations they might have to make. He said it appears that Colonel Dunlop and the Air Base personnel have done all they can and he wants a group of citizens in the Town to review it and when complaints come in he will have people in ea +h town who know that everything has been done that can be 616 • 1 done. He said it had been voted to establish such a committee which is to consist of two representatives from each town. Mr. James•suggested, as one of two individuals, Mr. Milne, a retired gentlemen. The meeting adjourned at 10:30 P.M. A true record, Attest: 517 SELECTMEN'S MEETING July 8, 1957 A -regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 8, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Further consideration was given to Mr. William G. Potter's request for an adjustment in his water bill for the useof excess water caused by a break in his water pipes. The Chairman said as he recalled the situation there was a break in Mr. Potter's line between the Potter meter and the house which was not discovered for some water bill time. He read a letter from Mr. Gayer listing the adjusted charged for water to Mr. Potter from August, 1953 to May, 1957. The month; of February showed a charge of $3.00 and Mr. Gayer explained that the meter was not read and a minimum charge was made. The Chairman said he had not figured it out, but just looking at the charges it appears that the average bill would be in the neighborhood of 70 for three months, and the bill for May, 1957 was 325 according to the meter. He suggested charging Mr. Potter an average amount which he has experienced over the last year or two. Mr. Reed said that the Town should realize the cost of the water. Mrs. Morey suggested a charge of $75 for one quarter and• for the excess just charge him for the cost of the water to the Town. Mr. Maloney said that Mr. Potter would owe the Town $]40 for two months anyway. The Chairman said, as he understood it, Mr. Potter was to be charged his average for a six months period plus the cost to the Town of the excess over that amount, and the Board agreed. The Chairman read a letter from Mr. Gayer advising that all utilities have been disconnected from the Boys' Demolition Club, 1519 Massachusetts Avenue. Bids for wrecking of Boys' the building were received as follows: Club M8 The American Building & Wrecking Co. $1800 . The Harvey Building Supplbs & Wrecking Co. 1200 The Hub Building Wrecking Co. 1100 Mrs. Morey asked if the bid included taking the. building down, carting it off and filling the hold. Mr. Gayer explained that all rubble, as the wreckers call it, would be put in the foundation. A11 combustible material will be removed. The Chairman asked how much it would cost if the Town took it away. 'Mr. Gayer said he did not know what he would charge 3.-t to but'it could be taken down. He said the best method would be to put the clam on the heavy Erie. Mr. Maloney said the Town could dump it on the nursery property and burn it. Mr. Gayer said he wanted to make sure the Board gives him authority to tear the building down. Upon motion of Mr.'Tucker, seconded by Mr. Maloney, it was voted to authorize Mr. Gayer to demolish the building at 1519 Massachusetts Avenue, recently vacated by the Boys' Club. Mr. Gayer reported that he checked with the State Department of Health today and they are willing to - accept his telephone call, in regard to restricted use of water, as an emergency and they will put it into effect immediately. All that is required is a letter stating the problem and they will include Lexington as a State of Emergency. The Board will then have legal Water authority for controlling individuals who refuse to Emergency comply with the regulations restricting the use of water. He said he would write such a letter and have the State of Emergency declared. He explained that as long as people complied with the regulations, the Town can get by. Mr. Stevens arrived at the meeting at 7:55 P.M. Mr. Gayer said he would like to petition the County Commissioners for the relocation of Burlington Street from Grove Street t� North Street. He said he understood some action was taken years ago and Mrs. Morey explained that the people living on the Street- opposed it. 1 Mr. Stevens said if the people on the street want it relocated, the Board might want to get releases. He explained that when the County Commissioners lay it out they state the damages shall be paid by the Town. If the people want it and sign, it would help. Mr. Gayer agreed that Mr. Stevens' suggestion was the best approach and said he would see if something can be arranged whereby the people initiate the relocation. Mr. Gayer reported on policies followed by sur- rounding towns relative to taking down trees with Dutch Elm disease. He explained that in some towns the Warden notifies the people that the tree is dis- eased and they must have it removed within a certain period of time. If they do not have it removed then the Tree Warden has it removed by a private concern and the bill becomes a lien on the property if not paid. Mr. Stevens said that was his recollection. Mrs. Morey asked if there was any obligation on the part of the Town to participate in the cost for having the trees removed and Mr. Stevens replied that he did not think so. The Chairman said that, according to the chart Mr. Gayer gave him, there are more private trees to be removed than public trees. Mr. Reed said he would like to carry on as in the past and in next year's budget include an amount for Town -owned trees and another amount for privately - owned trees and let the Town Meeting decide on what policy is to be followed. The Board agreed with -Mr. Reed and in the meantime Mr. Gayer is to let the work out on contract. 519 Dutch Elm diseased trees The Chairman referred to Mr. Gayer's letter of July lst, a copy of which was sent to each member of Public the Board, referring to changes in the Department Works that have been made and additional changes for the Department Board to consider. He asked if Mr. Gayer wanted the Board to take any action immediately and if he wanted to discuss it. Mr. Gayer replied that it could be done at the Board's convenience. Mrs. Morey said she noticed Mr. Geyer had the Coat Accounting System in the Accounting Department and she thought that Department should be examined before putting on any further obligations. 620 Mr. Gayer said he thought that would be the logical department for it. Mr. Maloney said Mr. Gayer,would set up the cost. Mr. Gayer said he could set it up for his Depart- ment and other departments could take advantage of it if they so desired. He said if no other department wants it, it is something he would want to go into for himself. The Chairman referred to the automatic postage and sealing coaching mentioned in the letter and explained that the Board has already authorized Pitman -Bowes to make a survey. He said the Board would keep this on file for discussion at a later date. Mrs. Morey said that two weeks ago Mr. Gould met with the Board, representing Mr. Corrigan, who wanted to go over the hill on school property to' start work on his development. As she recalled the discussion, the Board agreed that as far as it was concerned, it was all right for him to go over that land'but he should clear with the School Department first. She reported that she received a telephone call from Mr. Smith to the effect that someone was taking down trees and had taken over a load of water pipe. She then called Mr. Gould and reminded him that he was to clear with the School Department. He said he understood it was all right.to go ahead until someone stopped him. She then told him it was all right'to go over the land but he was to contact the School De- partment before doing so. She said she d not recall that the Board gave permission to attach/weer pipe Corrigan from that line over crosswise. use of Mr. Reed said he did not recall anything about school the water. land Mr. Gayer said he raised the question as to who was to pay for the utilities from existing water and sewer over to the Corrigan line and he thought Town Counsel was going to check into it. Mr. Stevens explained that it was a Board of Survey Street and Mr. Gould was going to do some checking. He said Mr. Gould called him today and reported that Mr. Smith told him to stop until he obtained permission. Mr. Smith was willing they should have access across the property providing they repaired any damage,'but only until September 3rd when school opened. Mr. Gould said that would not be satisfactory because the work would not be completed and they would be left without means of access. 1 521 He wanted to know if Mr. Corrigan could do the preliminary work with the understanding that when the street was accepted and the work authorized the Town would reimburse him. Mr. Stevens told him he knew of no way such an agreement as that could be made. He told him if the work was done he could not see how the Town could reimburse him. He then wanted to know if it would be helPfu1 if Mr. Corrigan met with the Board this evening • and that is how Mr. Gould happened to be waiting outside now. Mrs. Morey asked if the sewer line would be laid directly to the main line across school property and Mr. Gayer replied in the affirmative. He said the water line should go down the existing school drive which will be rebuilt some day anyway. When Mr. Gould came into the meeting the Chairman said that the last meeting closed with Mr. Gouldts remark to the effect it would not be necessary for him to come back to the Board until after Town Meeting. Mr. Gould said that Mr. Corrigan had a conference with Mr. Smith. They made an arrangement whereby Mr. Corrigan was to use •the street by the High School and ,gain access to his property. However, that privilege will terminate September 3rd just before school opens. He said he wanted to see if some solution can be found between September 3rd and the time the street can be built by the Town. He said he talked to Mr. Corrigan about roughing it in for the winter and he is in favor, feeling the finished product would be than if it were cleaned up in the Fall. The only problem they have left is the month and a half or so between September 3rd and the time the street would be roughed in. He said he suggested to Mr. Corrigan that maybe he could arrange to rough it in under supervision of the Town. Mr. Corrigan, seemed to think there might not be too much money in- volved and he mighto along, but he did not know what would be involved. Re said he was going to ask him what he found to be the cost of it. Mr. Gayer said he had the figures the other night, but he did not recall them now. The Chairman said that the Board could not come up with a solution tonight. Mr. Gould said they have until September 3rd to find an answer if they can and he is merely enlisting the aid of the Board of Selectmen. The Chairman said all the Board can do is to consider it and see if a solution can be arrived at and then let Mr. Gould know what it"is. 522 Mr. Gould said that was all he wanted now. He said they want to co-operate but don't want to do anything that will be wasted effort. Mrs. Morey asked if, when he cleared the matter of access with Mr. Smith, was it also cleared that it was Mr. Corrigan's intent to lay the sewer and water pipes. Mr. Gould replied that Mr. Corrigan made his own arrangement that the utilities would come through there. If it did any damage to the school property he agreed to reimburse the School Department. He said. the utilities would come through there, but did not say who would do it. He said he was going to look up what the Board of Survey street is but has not had time to do it yet. Mr. Stevens said he could see nothing to indicate that the Board of Survey had anything to do with utilities. The purpose of the agreement was to provide access. said he thought they were talking simply about access. Mr. Gould said he thought that was what was intended. to be said. He said he could report to Mr. Corrigan that the Board of Selectmen is trying to find some solution to help him with this subdivision problem. Mr. Stevens pointed outthat the Board of Selectmen does not commit itself to find a solution. Mr. Gould retired at 8:45 P.M. Mr. Reed said the road was put into the school and the school was built with the understanding that this road would be access to this property. Mr. Stevens said that there was no commitment by the School Department or any decision by this Board. Mr. Reed asked how the School Committee could put a time limit on as to when Mr. Corrigan would have to stop using the road. Mr. Maloney asked what jurisdiction theScho51 Com- mittee had. Mr. Stevens said it has only been constructed as.a driveway. Mr. James said he would contact Mrs. Marek. Mr. Consilvio, representing the New England Telephone and Telegraph Company, met with the Board and reported that he contacted the Lexington Historical Society for Pole permission to relocate a pole on Tavern Lane for Mr. location Walker. He was referred to Mr. Davis who told him he was going to check with Town Counsel. Mr. Consilvio explained that the proposed location is private property and has nothing to do with the Board of Selectmen, but Mr. Davis feels that the Town Counsel should rule on it. 1 Mr. Stevens said that permission would have to be obtained from the Historical Society, and approval from the Historic Districts Commission. He said he would call Mr. Davis. Mr. Consilvio retired. Chairman Grindle, Messrs. Abbott and Soule of the Planning Board and Mr. Howlett met with the Selectmen. Mr. Grindle reported that the Planning Board is trying to get something on a master plan,.streets and transportation being a part of the plan. He said Mr, Snow has been working on a street in the eastern part of the town. He asked Mr. Howlett to explain the traffic survey and what the Planning Board proposals are. Mr. Howlett said that the purpose is to give the Board some idea of the traffic load and explained the subject by use of•plans and drawings. He said first of all most of Lexington is pretty well vacant and the other item is the old existing roads which have been here for many years and he showed the only by-pass, Route 2A. He explained that Routes 128 and 2 are different types altogether and do not effect Lexington at all. He said that the other two important streets are Concord Avenue and Lowell Street which act as through traffic and have very high volumes of traffic. Mr. Howlett gave the Board the background of the survey made by the Planning Board and reported that well over 80% of•the traffic going through the center is through traffic and should not be going there at all. Mr. Grindle said that people/asked the Planning Board to reserve some of the large sections of land for recreation. Last Friday, he, Mr•. Jaquith and Mr. Snow went over the Willard property on North Street with Miss Willard. She has about 58 acres of land of which about one-third is covered• with wood and pine. Down by the Junior High School road there are about eight acres that would make a playground. He reported that Miss Willard has been offered some fine prices for the land but she does not want to have it developed, She is holding onto the land as long as she can and when she has to have some money she will then have to sell it. He explained that Miss Willard would like to have the Town take it over and is open minded to any suggestions. Ile said if the Town does not acquire the property right away, it will never get it. 523 Planning Board proposed St. & traffic Willard land, North St. 624 Mr. Grindle said she would like to have the proposition left in some way so that she could derive some income from it each year, and the Planning Board is going to discuss the matter with Town Counsel. He said if the Town would take the property,Miss Willard would be pleased. He said the Planning Board does not want to proceed with anything that -will be rejected by the Town but there are people who believe that some- thing should be done to retain some of this land, and the eight acres could be used as a playground. "He said if -this is something the Selectmen would be very much opposed to the Planning Beard Woad- like had any Mr. Tucks figRed if the Planning idea how much/MMss Willard wants for the property. and Mr. Grindle replied in the negative. Mr. Grindle said he told Mast Willard the Planning Board would try and let her know some time before November whether or not the Town is interested. Mr. Soule said the land is worth 41,000 an acre from a Town purchasing proposition. Mr. Maloney said that Miss Willard would like something like a pension and have the Town pieR up so many acres a year on an option and pay her so much per year. Mr. Grindle said she would hot like to pay a large inheritance tax and if the Board of Selectmen have no objection, the Planning Board will discuss the subject with Town Counsel. The Planning Board retired.at 9:20 P.M. Mr. Stevens reported that he has been unable to contact Mr. Thomas, attorney for Mrs. Ross, but it seems to him the only action to take is for the Board to make a taking.. He said the question of Sewer Ross damages was left open because there was nolayout of development streets that could be followed. The Planning Board is now approving the first section. He said there is the question as whether or not connection charges are to be made and if so what lots. He reported she is selling this land to Leeland Construction Co. and the next step is for him to sit down with her attorney and arrive at some arrangement, if possible, on what lots a connection charge is to be made. He said he thought, where there is no easement through a lot, that lot should pay a full connection charge. On the lots where there is an easement, a deduction should be made because of the easement. 1 525 He suggested that the Board sign an Order of Taking and if it is not necessary, it can be wiped out. Mr. Gayer retired at 9:30 P.M. The Chairman reported that Mr. Armand Pellegrini, 10 Essex Street, came into the office and said that Mr. Laurel St. Leonard Jellis has erected a barrier on Reed Street, in extension front of his property, and informed Mr. Pellegrini that it is private property which he is acquiring from the Town. It was agreed to advise. Mr. Pellegrini that the Board is considering a taking to extend Laurel Street in a straight line to the present paved Reed Street. Mr. Stevens reported that he had now received from Leeland Construction Company Inc. a confirmatory deed of the easement taken for the construction of Worthen Road and a release of damages from the taking. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to abate the betterment upon land of Leeland Construction Company, Inc. that was estimated to be $9,000 in the schedule of betterments attached to the Order of Taking for Worthen Road Mr. Stevens retired at 9:45 P.M. Abatement Copy of letter from the Bedford Board of Selectmen to the County Commissioners regarding replacement of Town ,town boundary monuments at Hanscom: Air Force Base, was bounds read by the Chairman and placed on file. Copy of letter from the Collector of Taxes to the Appropriation Committee requesting a transfer of $300 from the Reserve Fund for personal Services was read by the Chairman and placed on file. The Chairman read a letter from Miss Alma F. Spiers, 195 Lowell Street, stating that the Selectmen should at- tend the hearing on the petition of the Boston and Maine Railroad for further cuttailment of service on the Bedford branch. The Chairman was authorized to advise Miss. Spiers, that the Selectmen would follow past procedure and attend -the hearing, when notified, as representatives of the citizens of Lexington,' The Chairman read a letter from Captain Donald Smith USAF, requesting permission to display a 40' flat-bed truck Transfer 526 Permit to .display truck with prizes in front of the Railroad Station on July 27th and August 16th fron 10:00 A.M. until 3:00 P.M. Permission was also requested to solicit donations for the Air Force,Aid Society and Welfare Fund. The subject was discussed at length and it was agreed to grant permission to display the truck with prizes and to advise that this does not give permissions to solicit any donations as the Board has no authority to grant such a request. The Chairman was also instructed to ask Captain Smith as information for the records, whether or not theq0oup has a charter, by`. what authority they operate a welfare fund,the purpose of the organization and how the money is spent. The Chairman read a letter from the Lexington Lions Club reporting that the carnival held on July 3rd and.4th was a highly successful venture. The Club also requested Lions permission to use Parker Field for the same purpose next Club year. Carnival Inasmuch as the management of public playgrounds and. recreation centers is under the jurisdiction of the Recrea- tion Committee it was agreed to advise the Club to i►eiterate its request some time early in 1958, a copy of the letter to be submitted to the Recreation Committee. . Letter was received from Rev. Harold T. Handley, President of the Library Trustees, together with letter, from the Chairman of the Cary Memorial Library Building',: Library Committee, relative to additional parking area for the parking library. area Mrs. Morey reported that she had made the suggestion to the Trustees that it would be well if they had an option or gentlemen's agreement with Dr. Newhall against the time when he might be going to sell his property so the Town would have an opportunity to purchase it. She .said it seemed the reasonable action to take as obviously Mr. Douglass is not going to sell his property. Mr. Maloney said that the Committee wbould be reminded that they made the statement et the Town meeting that there was ample space for parking, but he would still proceed with Mrs. Morey's suggestion. Mrs. Morey said she thought the Library Trustees would have the authority to talk to Dr. Newhall and ask him`if they could have such refusal. It was agreed to write Rev. Handley and tell him that it is the opinion of the Selectmen that the Trustees can enter 1 1 527 into a gentlemen's agreement, for an option of $1.00 with Dr..Newhall that he would not sell his property, adjacent to the library, to anyone before giving the Town an opportunity to purchase it. Letter was received from the Civil Service advising Civil that arrangements will be made, at the earliest possible Service date, to hold an open competitive examination for Police Examination Entrance. Letter was received from the Office of Secretary of State requesting a copy of the police record of Cert. of Vincent M. Caputo, one of the incorporators of the Inc. Key Shippers Association, Inc. The Chairman was authorized to forward a copy of the letter received from the Chief of Police to the Secretary pf State. The Chairman read a letter from F. W. McLafferty, Director, The Dow;Chemical Company, advising that he Zoning would like an opportunity to meet with the Planning Board and'the Board of Selectmen relative to the eatabl.ishment of a research laboratory in Lexington. The Chairman was authorized to invite Mr. McLafferty to meet with the Board two weeks from tonight and also invite the Planning Board to be present. Letter was received from Wiggin Terminals, Inc. requesting information relative to availablilty of Zoning land for industtial use. It was agreed to forward the corporation a copy of the Zoning By -Laws and map. Upon motion of Mr. Tucker, seconded by Mr. Reed, it was voted to re -appoint Dr. William L. Cosgrove a member of the Board of Health for a three-year term expiring on June 1, 1960. The Chairman read a letter from Colonel D. E. Newton, Jr., expressing appreciation to Chief Rycroft for his help in controlling traffic around the Air Base on the two-day Golden Anniversary celebration. The Chairman was instructed to have a copy of the letter sent to Chief Rycroft. The Chairman read a letter from John Blackball Smith, Supt. of Schools, advising that the School Appointnt a Committee will expect the members of the Board to Dedication be platform guests on Sunday, September 8, 1957 when. of High the Lexington High School is dedicated at 3:00 P.M./ School The Clerk was instructed to advise Mr. Smith that the members of the Board will make every effort to attend. Further consideration was given to Mr. Nickerson's proposal relative to employing a competent experienced girl for the Board of Appeals work. Mrs. Morey said that Mr. Nickerson had in mind Board of paying 44.00 per hearing plus a salary which would Appeals insure a competent girl handling the work. The Chairman said he.thought the problem was more than 44.00 per hearing. Ae said he thought Mr. Nickerson was thinking of someone for the Board of Appeals office. Mrs. Morey said this was one way of paying someone a•little more.and getting a better girl without changing the present salary schedule. The Board had no objection to Nr. Nickerson's tecommendation and approved 44,00 per hearing. Upon..motion duly made and seconded, it was voted to pay the Executive Clerk to the Board the sum of 4250 per year, compensation for night work, effective July 1, 1957 to be paid on a quarterly basis and charged to Selectmen's Expendes. The meeting adjourned at 1Q:30 P.M. A true record, Attest: tri 1 A meeting rows Office Building, on for the purpose of Water Mains, Drains James and Mrs. More Howard, representi Whitman & Howard En of Public Works, a were present. Bids were ope Mr. Howard as foll Street Work Contr Joseph Lazaro George Brox, Inc. Water Mains, Drain, D & F Contractors, Susi & DeSantis Co. G.& F Construction Ricci & DeSantis C Pipeline Construct Patsy Cavalieri Dingley Contracti J. Gavigan Corpora Joseph Lazaro Corp Sidewalk Construct George Brox, Inc. Alternate Bid BID OPENING July 22, 1957 eld in the Selectmen's Room, Town Monday, July"22, 1957 at 5:00 P.M. eceiving bids for Street Work, etc. and Sidewalks. Chairman of the Board of Selectmen, Mr. Whitman & Howard, Mr. Kraynick, ineer, Mr. Gayer, Superintendent the Executive Clerk to the Board d by the Chairman and read by s: et No. etc., Check Bid $1500 $70,462.50 88,632.50 Contract No. 5 Inc. , Inc. Co. ., Inc. on Co., Inc. Co,, ion. 500 40,238.50 " 41,645.00 34,435.00 " 35,849.50 48,375.00 38,159.00 47,705.00 40,144.50 43,868.75 ft on Contract No. 6 1000 76,300.00 70,150.00 529 5 0 J. Gavigan Corporation L. Maiuri & Sons, Inc. Alternate Bid $1000 $56,250.00 43,390.00 38,690.00 The Chairman explained that the bids would be taken under advisement, the successful bidders notified and the checks returned. The meeting adjourned at 5:40 P.M. . true record, Attest: aectitive Select 1 531 SELECTMEN'S MEETING July 22, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 22, 1957 at 7:30.P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mrs. Morey suggested that the Board request Mr. Adams to write something in the Minute -man instructing Garbage householders to place corn husks in the paper bags in which the corn came and set the bags by their garbage recepticles. Mr. Mahon, representing the Boston Edison Company, met with the Board, and referred to eleven poles on Bartlett Avenue, for which the company had previously obtained rights on a private way. It now desires to validate the poles now being on a public way. He Pole said he would then come in to relocate a pole Mr. Gayer locations wants moved. The Chairman asked if the pole could be moved and the petition come later. He said the Board would like the pole moved as rapidly as possible and there won't be another meeting for two weeks. Mr. Mahon said, being a public way, he should petition, but if the Board wanted him to he would con- tact Mr. Donahue, make his peace with him, and if the location the company chooses is acceptable to him, it will be moved and petitioned for later. The Chairman explained that such procedure has been followed before. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was voted to grant the petition and sign the Order for the following go pole locations: Bartlett Avenue, northwesterly side, approximately 15 feet southwest of Lowell Street. Eleven poles. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for go pole on Slocum Road. Mr. Leo Porretti and Mr. Mahon, representing the Boston Edison Company, were present at the hearing. Mr. Mahon explained that the proposed pole is to serve a new home which, he believed, is owned by Mr. Porretti. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to approve the petition and sign the order Pole for the following j/o pole location: location Slocum Road, southeasterly side, approxi- mately 325 feet northeast of High- land Avenue. One pole. Mr. Porretti retired. Petition was.received from the Boston Edison Com-;. pany ans the New England Telephone and Telegraph Company for nine i/o poles guy wire and anchor on Ivan Street. Mr. Mahon explained that this is another situation where the poles are on a way which was private and is now public, and the petition is merely to validate the Pole locations. location Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to approve the petition and sign the order for the following pole, guy wire and anchor locations: Ivan Street, southwesterly side, southeasterly from a point approximately 10 feet south- east of Eldred Street. Nine poles. Guy wire and anchor on the' ninth pole. Mr. Mwhon retired. The Chairman read a letter from Mr. Stevens, Town Counsel, advising that he has arranged for settlement of the proceeding brought by Viano Properties, Inc. for Viano determination of the damages sustained when the Town took claim easements in two parcels of the corporation's land in con - settled nection with the laying out and construction of Worthen Road. The terms were that the corporation would give the Town a confirmatory deed of the easements and a release of all claims for damages in return for abatement of the betterments that were assessed on the property. 1 533 Mr. Stevens has received and is holding the con- firmatory deed and damage release duly executed by the corporation. Upon motion of Mrs. Morey, seconded by Mr. Reed, Abatement it was voted to abate the sum of 0,261.00 on two parcels of land owned by Viano Properties, Inc. settlement of claim for damages. The Chairman read a:letter from the State Depart- ment of Public Wanks, requesting the Board to sign three Chapter 90 copies of a contract dated July 2, 1957, between the constructil Town and J. J. Carroll Construction, for highway work Contract on Concord Avenue. Mr. Stevens reported that he has not received all thb easements. He hasn't yet straightened out with the Clough Corporation who purchased WCOP. He recommended that the Board sign the contract in triplicate but not return them to the State Department of Public Works. Mr. Gayer asked if Mr. Stevens would advise the State who the contracts are being held and he re- plied in the affirmative. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign the contracts, dated July 2, 1957, between the Town and J. J. Carroll Construction, for highway work on Concord Avenue. Mr. Stevens reported that it may be necessary to make a taking of the Esco Builders land, the new Esco Build - Junior High School Site. He said they were supposed ers land to pass papers today, but apparently Mr. Spagnuolo for Jr. did very little, if anything, about getting his bond. High He explained that tonight is the last night for the school Planning Board to act and the bond has not been filed but it is still possible for the Planning Board, two weeks from tonight, to rescind the vote tonight dis- approving the subdivision. He said it therefore may be necessary to meet next Monday night and adopt an Order of Taking. Mr. Harold Conant met with the Board and presented a plan of his lots on Lincoln Street opposite the dump. He pointed out a right of way for a public water main. Conant He said he may want to run his lots along side of the offers water main, but any time the Town had to manipulate the fill to water main it could be done without going into anyones Town yard. He said there is some good fill and -he would be 534 willing for the Town to take it and use it at the dump. He would not then have to pay for slicing the hill down:.,. He explained the lots as recorded in 1938 and said he could make one.lot out of lots one and two and he would have, to see about lots three and four, possibly part of four going into the road. He pointed out a culvert and said that the water empties onto a lot and explained that with the roadway as shown, drainage could run down the roadway and empty into a catch basin. He said this is not something he intends to do right away, but only tentative, and wanted to see if the Selectmen wanted to go along with it. He pointed to lots ten and eleven and said that the Town does not own the,entire standpipe reservation. Mr. Reed explained that Mr. Stevens is' now checking' that. Mr. Conant said that his deed reads "subject to any rights the Town of Lexington may have". He ex - Standpipe plained that the Town never received a deed for the reservation standpipe lot. He said the Lexington Water Company, from whom the Town purchased the land,, got an Act of Legislature allowing a taking, but the Town forgot to gets. deed. The Chairman said it seemed to him the first thing Mr. Conant would have to do is talk with the Planning Board and see what arrangement he can make regarding relotting. Mr. Reed said that the Town Engineer understands what Mr. Conant has in mind. Mr. Conant said he would see the Planning Board. . The Chairman said after he had discussed the sub-, jest with the Planning Board, the Selectmen would be pleased to talk with him again if he has any pro- blems, Mr. Conant retired at 8:05 P.M. Messrs. Foster and Viano, Lexington Chamber of Commerce, met with the Boa14d. Yankee The Chairman explained that he had told the Home Board a little about his conversation with Mr. Viano. Coming The members were interested and wanted to hear more about the subject. Mr. Foster said that there is a group its Boston known as the Yankee Home Coming Inc. He said that it is a group of some repute and they are. proposing a big program. He explained that the Chamber of Commerce felt, since Lexington has a slogan of Let 1 535 It Begin Here, it would be most fitting that Yankee Home Coming start in Lexington. He recalled that the Chamber of Commerce had a float in the 19th of April parade hamed the Yankee Home Coming of 1958. • He said that the Chamber of Commerce feels there are many people in Lexington who have never been in any of the historical places in Lexington .and also felt that the program of April 18th and 19th would spread the awareness of Lexington's heritage to many people who . used•to live here and moved away. He read a tentative program and explained that the theme of the parade would be tradition. They would like to have a reviewing stand for the Governors which would be followed by a reception and a Governor's ball. This they would like to hold in the Hayden recreation building. It is to be a town -wide program and they will invite presidents of the veterans organizations in Town at which time the Chamber.will explain, its ideas. Mrs. Morey explained that within the last year or two the Town established a Town by-law Committee, the Town Celebrations Committee, which has charge of the observance of the 19th of April. Mr. Foster said that was right and it is possible that the Chamber of Commerce could work in conjunction watt tpe Town Celebrations Committee. Mrs. Morey asked if the purpose of Yankee Home Coming was to stimulate resort activities and Mr. Foster replied that it is to get people back to New England. Mrs. Morey asked if it was a commercial venture and Mir. Foster replied in the affirmative. Mrs. Morey asked how the expenses would be met aid Mr. Foster replied that there is only one phase that would not be self-supporting and that is the parade. Mr. Reed explained that the Selectmen determine what days the Celebrations Committee is to plan for and the 19th of April is one of those days. Be said this should all be cleared through that Committee and Mr. Gustin who is Chairman, would undoubtedly be very much in favor of the program. He said possibly the Committee would be responsible for the parade and the Chamber of Commerce carry on the other activities. Mrs. Morey said the Chamber of Commerce could submit its program to the Town Celebrations Committee who would have the privilege of approving it. Mr. Reed said he thought the Chamber of Commerce was correct in discussing the subject with the Board, and he personally had no objection, but thought the Town Celebrations Committee should be contacted im- mediately. Mr. Maloney asked if there would be an admission charge to the Governor's ball and Mr. Foster replied in the affirmative. Mr. Maloney asked if they hoped for a profit, and Mr. Foster said that they have made some overtures to Guy Lombardo who will be in New England at the time. He said it is intended to charge *20 per couple. Mrs. Morey asked why they had in mind the Hayden Building rather than Cary Hall which is the Town Center. Mr. Foster replied that people lean to something brand new, and they thought it might be easier to handle the decorations. Mrs. Morey said that more of the older people will be able to afford the *20 per couple which will leave out some of the younger people. Mr. Tucker asked if Mr. Foster was representing the Chamber of Commerce and he replied in the affirmative. Mr. Tucker asked who is backing this and Mr. Foster mentioned the Editor of the Herald-Travler, President of John Hancock and said other similar people. He also mentioned Jack -Frost, the commercial artist. Mr. Tucker asked how active the President of John Hancock -would be, and if he were a name. He asked who basically, is in back of this. Mr. Viano replied that Jack Frost, a commercial artist, is actually in back of it. Mr. Tucker asked what he hoped to realize from it. Mr. Foster said the people financing it are the American Airlines, Cities Service, etc. who have indicated a willingness to put up *25,000, $40,000 or *50,000 and that is where the commercial activity takes place. Mr: Tucker said that this is actually a joint commercial enterprise with a hope of stimulating business within New Emgland. He asked how it would commercialize April 19th. Mr. Foster said he did not feel it would be a commercial thing. Mr. Tucker said there is some motivation. Mr. Maloney said it is to make money for the New England states. 1 537 Mr. Viano explained that Jack Frost hopes to get a million people back iii New England. Mr. Foster said the only danger he could see is the fact that there will be a great deal of publicity if any of these plans are to be tied in with whoever opens this Yankee Home Coming idea. If it is not a good balanced program, there may be criticism. Mr. Maloney suggested that the Chamber 'of Commerce contact Mr. Gustin immediately and discuss the program with him and then perhaps meet with the Board again. Mr. Tucker asked what the Chamber of Commerce expected to realize. ' Mr. Maloney said it will cost them a lot of money. Mr. Tucker asked how it would benefit the Town and Mr. Foster replied only by an awareness on the part of the people. Mrs. Morey asked if Yankee Home Coming was willing to have it start in Lexington and Mr. Foster replied in the affirmative. ` Messrs. Foster and Viano retired at 8:25 P.M. Letter was received from the State Department of Public Works, together with a Memorandum of Agreement Chapter 90 for the improvement of a section of Concord Avenue. Both copies of the agreement were signed to be returned for the County Commissioners' signatures. Mr. F. W. &Lafferty, Director, The Dow Chemical Company, met with the Board. Mr. Grindley Chairman of the Planning Board, was also present. Mr. McLafferty explained that Dow has established a research laboratory in the East, now located in Framingham. He said that it is not a desirable loca- tion for several reasons, one being they have outgrown it and the other, the difficulty in attracting personnel who have to have a nice laboratory. He explained that Dow in looking for a new location for a laboratory they are Chemical looking at what they think might be desirable areas research and trying to find out how towns feel toward'such an laboratory enterprise. The type of installation planned is different from the average industrial location. He said they do not need a railroad siding or Route 128. In fact, they prefer not to have them. The building will take up only a small part of the total area and they want a place that is beautiful to begin with. 1 They hope to landstajle the area and make it fit the surroundings. It:willook something like a campus. They don't need good access or unskilled labor near by. He said they believe their people could contribute something to the ,town•. in that they will be more like the people living in Lexington than those living in South Boston. He said they would like to know if the Selectmen have any interest in their type of laboratory locating in Lexington and if there are any sites zoned for it or sites that could be properly zoned. He said they would be pleased to present their ease to the people if it is necessary to go to Town Meeting. If there is tots much objection, they would not want to push anything through that would make anyone unhappy. He explained that Dow` has always tried to be a good neighbor. ' Mr. Grindle asted how large an area they have in mind, and Mr. McLafferty replied that they are thinking about twenty or thirty acres with only 20,000 square feet of building. The building will be a low, modern structure. They hope to grow in five or ten years enough to need another building and meye another building in fifteen years. He said theycannot pay $1.00 per square foot either. Mrs. Morey inquired about the initial investments and Mr. McLafferty said it would be somewhere about one-half or three-quarters of a million. That is the initial plan and it will take thirty or foi'ty'pedple. The Chairman asked what kind of research effort would be conducted, and Mr. McLafferty replied that it is long range. They have no manufacturing facilities planned. He explained that one of the advantages of being research with a production facility, they get the product into production quicker. The long-range research can be isolated. Mr. Tucker inquired about the size of the organiza- tion at present, and Mr. McLafferty said that there are nine people. They hope to be able to move into the new building in about three years. They would like to ac- quire the land by the end of this year or the'first of next year: ' Mr. Grindle asked if he had looked at the land in Lexington, and Mr.'McLafferty replied that he does not know too much about Lexington. He said he was shown a site'at Route328 and the Concord Turnpike which did not have any sewerage. Mr. Grindle said he would have to have sewerage and Mr. McLafferty replied in the affirmative. 529 Mr. Grindle said that the Planning Board rules and regulations require it. The Chairman said that the Selectmen were interested btt the Board through who Mr. McLafferty.should work from now on would be the Planning Board. He said he did not know if that Board could suggest aiay particular sites or not and it might be up to him to contact a good real estate agent and then present something to the Plan- ning Board. Nlr. Grindle said that Mr. Snow might have some sug- gestions to make. The Chairman suggested that Mr. Grindle introduce Mr. McLafferty to Mr. Snow. Mr. McLafferty asked if it would be of interest tO the town to have such a laboratory. The Chairman replied that no one has ever tried a research laboratory, but the Board would be interested to hear more as it develops. Messrs. McLafferty and Grindle retired ar 8:50 P.M. The Chairman read a letter from Deputy Chief Beicastro advising that the oil burner at the new Town Office Building has been inspected and found to be gnaw staisfactory in regard to installation. He recommended 5�s 3 g that during the heating system, since no exhaust louvre has been installed, the window in the heater room be left open to exhaust any excess of heat that might build up. A copy of the letter was mailed to Mr. Brooks, Chair- man of the Additional Town Office Building Committee and the permit to be posted was given to the Superintendent of Public Works. Mr. Tucker commended Mr. Gayer for his action in sending out the information relatite to the water situation caused by the present drought. The Chairman read a letter from the Appropriation Committee relative to the request for a transfer of $5,730.50 for completion of the Additional Town Office Building. The Appropriation Committee felt that action could be taken �n the request at the Speeial Town Meeting to be held in September. The Committee is of the opinion that requests for additional funds for capital expendi- tures should be placed before the Town Meeting and, except in extreme cases, is not a proper subject for transfer from the Reserve Fund. Transfer 540 The Chairman read a letter from the Appropriation Transfer Committee advising that a transfer of *300 has been made from the Reserve Fund to the Collector's Personal Services Account. The Chairman read a letter from John Casello, 32 Ward Street, advising that he wishes to purchase Tax title tax title lot 31, Block 18 Ward Street and wait three property years at which time a tax taking will probably be made bn lot 30 and the tax lien foreclosed. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sell and convey tax title lot 31, Block 18 Ward Street to John Cassello, 32 Ward Street and to refund the money he paid for lot 30 which cannot be sold at this time by the Town due to the fact that the taking was invalid. Retirement Report Licenser Letter was received from the Department of Banking and Insurance, together with a copy of a Preliminary Report of Examination of the Lexington Contributory Re- tirement System. It was decided to have Mr. Palmer, Secretary to the Contributory Retirement System meet with the Board at its next regular meeting. Application was received from Jennie Bohemier and Erminio Surbone for a Common Victualler's license to do;. business at 62 Massachusetts Avenue. Satisfactory character reference were received from the Chief of Police. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the license, same to be held un- til approval of the establishment is received from the Board of Health. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the following licenses: James P. Connell 55 Forest St. Ray Feeley, d.b.a. Lexington 1794 Mass. Ave. Mr. Richard Purington and Chief the Board at 9:00 P.M. Mr. Purington q ained that he discuss a subject/EN hUped the Board prove. Guide .Sunday Movies Rycroft met with wbuld like to would ap- 1 541 He said the suggestion was made by the Chief that the antenna for the Police radio system by put on the water tower, that there always has been some difficulty in getting over that hill. He said in setting up the equipment at the base of'the tower and setting the antenna on top shpuld result in exeellentreoeption. He explained that there are many reasons why it would be wise to move the antenna to this location. He said a sixty watt transformer can be put there and can be operated by reMote control by two police telephone lines. The tower and antenna, which has been in use in this building, will be left where they are. There would be moving expense to put that in the new building. He said if it does'not intefere with the Boards plans Per this building, it can be left where it is and operated with the same remote control equipment. If any thing ever happens to the one on the water tower, this -one would be a standby. He said the Chief could set up a schedule whereby one morning a week it could be used to make sure it functions. He said that there is an outlet at the Public Works:7Department and it is desirable that there be at least two outlets'and a great advantage to have a third. He said he recommends it and would be glad to see Civil Defense funds used if'necessary. Mr. Purington said he talked to Captain Mcisaac who says this type of operation is one that is eligible for matching funds so the Town would pay one-half of the cost. The expense of telephone circuits would be paid for in So% by matching funds. He said he would support authorization to install motorola sixty -watt transmitter at the base of the water tower and he thought the Public Works Department could erect suitable housing. He explained that Motorola supplies a box which would be water -proof in itself but not tamperproof. By putting it in a steel container it can be well protected. He said it would improve the Town coverage for police and fire and public works communication a great deal. The Chairman asked if a test has been run and Mr. Purington assured him it is hardly necessary. He said there is perfect coverage from the water tower on Route 128 and through the valleys all the way to East Lexington. He said the tower can be seen from many places and the performance would be just as good as from the location here. The Chairman asked if there was a problem of lightening protection. Mr. Puringtnn replied in the negative and said Motorola advises that the antenna itself would pro- vide protection. He said the only thing that would 542 knock it out would be a direct lightening flash. In that oase,, they can move over to the old installation in this building. The Chairman said it provides no more hazard for the water tower than now exists. Mr. Purington said he would think it would pro- vide more protection, because it would be grounded, Mr. Reed asked about funds, and the Chairman asked how much money is involved. Police Chief Rycroft said they did not know. Be ex - radio plained that two poles would be installed and one or and possibly two additional oneswould be required for antenna which the Town will have to pay. The Chairman asked about the transmitter. Mr. Purington said that is in the neighborhood of *600 and the accessories bring it up to somewhere around *1400. He said the sum of *600 was going to be spent to move the equipment to thg new building. Mr. Reed asked if the money/ to be spent on the new building could be used for the Water tower. Mr. Maloney suggested that Mr. Purington obtain definite figures as to what the cost will be. Mr. Reed referred to the matching funds and asked if the Town paid the bill in full at first. Mr. Purington replied that the Motorola man sags not. The Town pay one-half and the State ' pays the other hale to the contractor . He said Captain Melsaac would handle this personally. The Chairman said the Board should have a break-. down of the items and the total cost. Mr. Reed said the Board would like the figures as soon as possible. Additional funds will have to be requested for the new building and if this changes the figure the Board should know. The Chairman said the Board should know how much this is going to cost before giving any authorization. Messrs. Purington and Rycroft retired at 9:30 P.M. The Chairman referred to a sewer betterment assessment in the amount of 11825.79 levied against property of Mary V. Chiesa which had been deferred Deferred under the provisions of Chapter 159 of the Acts of sewer 1950. According to the Assessor', the owner of betterment record is now John D. Chiesa, Jr. who, on July 8, 1957, paid 11309.76 covering 128 toot frontage which is his house lot. Mr. Chiesa would like to have the balance of $516.03 deferred. 1 543 Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assessment of *516.03, without interest, levied against property formerly of Mary V. Chiesa and now of John D. Chiesa, Jr., 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•terininate immediately if the facilities of the sewer are used for said land or any part thereof. Mr. Snow, consultant to the Planning aoard, met with the Selectmen and said he has been considering, amoung other things, a recreation plan. He presented. a plan of Adams Street showing the Vine Brook easement from East Street to North Street. He also pointed out the Shannon -Stevens gravel pit. Be explained that the Planning Board is proposing along with Mark Moore, since the Town has flowage rights, to convert a portion of the area into a lineal parkway and develop Vine Brook into some type of recreation area for picnics on one side of the ease- ment and also to develop the gravel pit. He said Dr. North Shannon Had an option on the property which expired Street tonight and was not taken up. Dr. Shannon said he gravel pit would hold up until he talked with the Planning Board. He came in this eveningp4 g&�l1aimed he could get two building sites on North/s6` hfit piece of land is worth potentially two building lots. He said he would sell it for 0,000. He said if the Town purchased it he would have to pay a broker's fee and could therefore sell it for *6500. If there are not sufficient funder for the Town to act on this he is willing to enter an agreement whereby he will wait until Town Meeting. Mr. Snow said that the Planning Board feels this property should be acquired and, in the overall scheme, he recommends that this be included in the Town's recreation plans. submitting Mr. Maloney suggested/it to the Town at the Special Meeting on September 16th,. Mr. Reed said that Dr. Shannon would like *500 for an option and the Planning Board has enough money to take the option. He asked if the Town would have to build a bridge for Mark Moore. Mr. Snow said it would cost him so much money to develop this side of the land that the Planning 544 Board thought there was a possible way of the Town building a large box culvert in exchange for this land here. Mr. Reed asked if it was something for the Special Town Meeting, and Mr..Snow replied that they have not gone any further. Be said Mark Moore knows he cannot build on this area and he was not aware of the flowage rights when he purchased the land. • The Chairman said the immediate problem ie the acquisition of the and pit property, and suggested that the Planning Board move on that. The meeting adjourned at 9:45 P.M. A true record, Attest: • • 1 SELECTMEN'S MEETING August 5, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 5, 1957 at 7::30 P.M. Chairman James, Messrs. Maloney and Tucker were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following individuals were drawn for jury duty: Harold G. Vogt, engineer, 8 Foster Road; Theldon E. Phinney, teller, 40 Tower Road; Frank P. Sullivan, clerk, 2 Vine Street and Martin J. Hepkins, machine operator, 69 Allen Street. Mr. Carroll retired. 545 Jurors Mr. William Roger Greeley, architect for the Addi- tional Town Office Building, met with the Board. He mentioned that the Board had written to him in the Spring relative to a planting plan for the three buildings. He went over it with the Board and although no vote was taken, it appeared that the plan was accept- Landscaping able. T. 0. Bldgs The Chairman said it was, in principle. Mr. Greeley explained that the time to plant would be this Fall and if the Board intends to have the plant- ing done it might want to be ready and he has therefore made the plan more precise. He said, in order to give the Board information which would be helpful he has a price from one nursery of $610 for stock and 000 for labor. He explained that there would also be something for transplanting which he gassed would be $260, making a, total of $1170 as a price without competition. He said he could not get competitive prices without the Board's authorization. He said it is a price this nursery will do it for and is a firm bid, but just one and the law requires at least two. He said at planting time this would be a safe amount. He explained that the main feature of the plan, previously shown to the Board is unchanged. Board,. presented a plan of the three buildings which also showed the parking space and explained that if there is a hedge of tall evergreens connecting the buildings the result would be an enclosure which he thought would be handsome. It is planned to remove some shrubs that are old and ready to go. There will be lilacs, a colonial bush, planted in four areas. He explained that it is a very minimum amount of planting which he believes best. He suggested evergreens six feet tall, letting them grow to ten feet. Mr. Greeley said he thought the only guarantee for a year to replace any shrub would be oral which is all. right. He said he did not think any nursery would give any bond or written guarantee. He asked if the Board would like him, at the proper time say in September, to get some bids so. that the Board .could then act and either accept one or reject them all and at least be ready to plant this Fall. The Chairman explained that the decision .the Board should make is to place this before the September Town Meeting for an appropriation on a. firm figure. Upon receipt of the appropriation, the Board can then go ahead. Mr. Greeley asked if the Board wanted slides for Town Meeting. The Chairman said his personal viewpoint is that all visual aids are helpful. Mr. Greeley retired at 8:45 P..M. Mr. Stevens asked if this appropriation was to. be part of the additional funds tobe requested for the Committee, and the Chairman replied that is what the Board must decide. Mr. Stevens explained that the advantage of having it all in one appropriation would be the fact that the money can be used for any and all purposes. The Chairman said he could see no readon why it should not be all in one appropriation. Mr. Stevens said the Board could ask for an appro- priation of a certain amount and if any trouble arises, the Chairman could then move to ,amend and just ask for money* to do the planting so that it can be done in the Fall season. Mr. Stevens reported that the Town now has title to at least part of the Junior High School site. Papers were passed on Thursday and the Town now has 32.05 acres of the Escr..:-: Building property and 3.2 acres of the Millican property. He said the only ques- tion is whether the Board wants to go ahead with parcel D owned by Gray. He presented a plan -showing the par- cels the Town has acquired, and explained that there is another plan which is Lot D which the ¶own can't reaahT` until an agreement has been arrived at with Milldam. He said the idea of acquiring it was to build a road over the trunk sower. It was thought that parcel B would be conveyed to Millican for parcel C which will take a vote of Town Meeting. ilowa ravi CrJ 1 1 Ho -said if anything is to be done, an article will have to be inserted in the warrant to take the property. Mr. Maloney asked if there is money left to make a purchase and Mr. Stevens replied in the affirmative. The Chairman said that someone should talk to Gray, and Mr. Maloney said he would not hesitate to dis- cuss it with him. The Chairman suggested that Mr. Maloney contact Mr. Gray and find out what his reaction is. Mr. Stevens said he had the contract, which came to him today, between the Town and G & F Construction Com- pany for laying water mains and drains. The Board signed the contract No. 5 in the amount of $33,935.00 and all copies were taken by Mr. Stevens. Mr. Stevens referred to the Ross property and the takings made of a sewer easement through it. He said he had the Public Works Department figure out what the betterments would have been had the been assessed on the lots that could have been serviced by the sewer, and it comes to about $10,500. In addition, betterment- !as assessed on one lot in the amount of $673 making Sewer the total involved approximately $11,000. easement He reported that he talked to Mr. Thomas, attorney Ross for Mrs. Ross. They have this under agreement to Lee- property land Construction Company and everything is being held and claim up pending the determination of what charges are to be made. He presented a plan of the property and ex- plained the location of the sewer. Mr. Stevens said it is their feeling that the amount of damage they have sustained is equivalent tb the amount the Town would be charging for sewer were assessed. They also claim theylost a lot. He said that the lots will sell for $400. They feel that the damage is greater in one area. They also claim that the Town could have located the sewer differently, but an attempt was made to follow that they intended to do. He said they also claim their engineering fees were in- creased in ilaving the development fit in with the trunk sewer. Mr. Stevens said he would discuss the subject with the Planning Board and get its views, but regardless of what action is taken, he thought the Town should keep the betterment now on. He said they also mentioned the fact that Mrs. Ross gave the Town any rights she had in a subdivision plan made up several years ago. Mr. Stevens said he thought the Board would de- termine that there would be no sewer connection charges, not including the charge for connecting buildi¢.gs to the sewer, in return for a confirmatory deed and 547 Contract No 5 signed 548 Legion re: Boys' Club & Barnes property release of damages. Mr. Stevens retired at 8:30 P.M. Mr. Raymond Lewis and Mr. Maurice Healy met with the Board. Mr. Lewis said that they were present in regard to the Boys' Club which is now gone. The Legion had an understanding through Murray Dearborn that when, as and if the Boys' Club vacated, the Legion would have an opportunity to get the property. He said they did have a letter from the Board that the building was to be torn down. They would like to know now what is going to happen to the land if anything. The Chairmen explained that nothing has been de- termined but the thought is that in the future there will be some more town buildings needed and what better place would there be to have them than right here in this same group. Mr. Lewis asked about leasing the property and the Chairman said that the Board is of the opinion that the entire strip from Woburn Street up to this building should remain as town property for the :future and that piece of property will be available for the town when the time fomes. Mr. Lewti said the American Legion is being pushed around and they would like to place this with the Selectmen. He said the Legion has a room in Cary Building but if it is used, the custodians have to be paid. He said it seemed to him that there should be a parcel of land in town owned by the Town which they could have. The Chairman said that there is tax title property..- 1r. Lewis said if tax title property is acquired the abutters may object. Mr. Maloney said the Legion should be located on a main street and he does not know of any property the Town owns that would be suitable. He explained that the Boys' Club property was taken by the Town for specific -purposes. Mr. Lewis asked if space would be available in the Barnes building when the new Town -Office Building. it completed: The Chairman said he could not answer that and Mr.: Tucker asked how much room the Legion would like. Mr. Lewis replied that if they build, they would want a building 60 x 30 with two floors. Mr. Maloney asked how much money they had and Mr. Lewis replied $5,000 in cash. Mr. Lewis said he would like to leave the thought 1 with the Board and if anything comes up the Legion will be glad to go along with it. Messrs. Lewis and Healy retired at 8:40 P.M. Mr. Palmer, Town Accountant, met with the Board at which time the Clerk retired. Mr. Palmer retired at 9:00 P.M. and the Clerk re- turned to the meeting. Messrs. Norman T. May, Benjamin A. Greene, Michael J. Lync}.i, Francis A. Gallagher, Robert H. Kingston, Gabriel Baker and Landry met with the Board. Mr. May explained that these people, he thought, were five or six of the ones most concerned with the shopping center proposed by Filenes. Messrs. Lynch, Greene and Gallagher all live on Spring Street and the other two or three live near by. He said this is a far cry from a Town Meeting and they hope it will not get to a Town Meeting. He said they have been discussing the subject and the question was what could they do in the meantime - talk to the Selectmen and Planning Board with no thought of criticism one way or another. He said that they wanted to make certain their side is understood. He stated that they are concerned about the lack of a solution to the traffic problem and be suggested that they talk to the Selectmen and not to him. He said that Mr. Landry is an authority an traffic and Mr. Kingston has a wide knowledge of tax revenue. Both gentlemen spoke at length. Mr. Baker said he was representing the Retail Di- vision of the:: Chamber of Commerce and is a member of the Committee to find the facts of the entire proposition. He said he was present at the meeting to absorb and bring back a report to the Chamber of Commerce. He ex- plained that ten out Of twelve merchants are opposed to the proposition and many of the owners of the buildings are opposed. Mr. Greene said the group haddiscussed the subject many, many times and they are opposed to it. The group retired at 9:40 P.M. Notice was reoeived from the Outdoor Advertising Authority that application has been made by the John Donnelly & Sons for permission to erect a sign at 93-97 Massachusetts Avenue, �5' long and 12' high. It will be approximately 25' from the ground to the top of the sign and will be made of steel. Letter was received from Mr. Irwin advising that the proposed location is a C-2 area and the size of the 549 Town Accountant Opposition to Filene's shopping Center Outdoor adv. sign 550 sign is much larger than anything permitted under the Building and Zoning By -Laws. Mr. Stevens said he'had asked the Secretary of the' Outdoor Advertising Authority to send him a lkst of the hillborad locations in Lexington. He explained that the proposed location is business property so the Outdoor Advertising does have autharity to grant the application. He said he thought the Board would want to express dis- approval. The Chairman asked if the Authority couldgrant permission for this sign if the Board disapproved and Mr. Stevens replied that they have very powerful authority. He explained that the Board can express its opinion, but it does not have the power to decide'. The Clerk was instructed to send the application to Mr. Stevens. The Chairman read a letter from Alfred P. Tropeano stating that he has been informed by Mr. John MacNeil that the Town, since it has been unable to reach an agreement with Mr. George E. Smith, contemplates aban- doning the plan to construct a street and install sewer end water as originally agreed with Mr. MacNeil. In view, of this, a claim -for damages is now being made for the land taken by the Town from Mr. MacNeil. The Chairman said he was not aware that the Town had abandoned the work. Mr. Tucker asked what should be done with Mr. Smith and Mr. Maloney replied that he feels his land is MacNeil worth $1.75 per foot. He said the Towh could pay him claim that and charge him a betterment. The Chairman pointed opt that he has a corner lot.. Mr. Stevens said he thought there would be a street betterment, but he has water and sewer in Meriam Street. He said the question is the difference in market value before and after, and the Town has no,con trol over the easement. Mr. Maloney said he did not think Mr. Smith was too far off in the value of the land. Mr. Stevens said that the Town is not taking any part of his land outside the limits of the right of way. He said this came up several weeks ago and it:was left that Mr. Maloney was going to talk with Smith and Mr. Reed was going to talk with Scott. He said he would think the Board would have to arrive at a decision. Mr. Maloney:•said he thought the Board should know 34.ow many feet the Town is taking from Smith and if the Town is going through with it, pay him for the land and charge him a betterment for the street. He said MacNeil 1-4 ram w. CEJ 1 551 is being helped by having sewer and water which would be of some value to him. Mr. Maloney said he would find out what is going on from Mr. MacNeil. The Chairman read a letter from Roland B. Greeley with reference to the so-called Meagherville property. $e said that much of the situation might be cleared up by taking land for a school site, but of the seventy- five acres inside Route 128, only part could be cleared up in this manner. Meagherville Mr. Greeley wrote that this area appears to be set up for so-called redevelopment under the State Enabling Law, Chapter 121 of the General Laws, and listed five items which he thought the process would entail. The original letter was given to Mr. Stevens who will advise the Board at a later meeting. Mr. Stevens explained that Rowland Avenue was laid out by the Selectmen and accepted as a town way. It had quite a narrow opening on Massachusetts Avenue. When the construction plans were being prepared the en- gineer wanted it wider and Mr. Stevens was asked to draw a taking which he could not do. When the street Rowland Ave. was constructed, it was wider at Massachusetts Avenue relocation and after some talk with Mr. Woodbury, he agreed to give the town an easement. However, this still does not make it a town way. Therefore it is necessary to relocate and alter the way which will require a hearing with a relocation order and acceptance at Town Meeting. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign notice of intention to relocate and alter Rowland Avenue from Massachusetts Avenue southwesterly approximately 100 feet. Mr. Stevens referred to Eldred Street andsaid it was voted at the last Town Meeting. He assumes the en- gineering work has Apm�en completed and the layout arrived Eldred St. at. The question//�-to establish it as a town way. layout He said the Board's hearing would be to lay it out as a town way. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to sign notice of intention to lay out Eldred Street from the southwesterly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less. Mr. Stevens retired at 10:15 P.M. 552 The Chairman read letters from Whitman & Howard reporting on bids received on Contracts Nos. 4,5 and 6. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to award the contracts, recommended by Contracts Whitman & Howard as follows: awarded $70,462.50 Contract No. 4 - Street work Joseph Lazard 33,935.00 Contract No. 5 - Water mains G & F Construction 38,690.00 Contract No. 6 - Sidewalks L. Maiuri & Sons Mr. Snow, Consultant to the Planning Board, met with the Selectmen at 10:15 P.M. He explained that the Planning Board had asked him to discuss with the Selectmen the possibility of acquir- ing a portion of the Busa land for a Town playground. He said that since the Planning Board has never been able to get along with Busa in regard to the price of the land, and the attitude is that the Towh does not want to.;' take it by eminent domain, he would be willing to ex- change this land for certain town land. The thought occurred to the Planning Board that one df the way to do this would be an exchange of tax title land. To get some idea of values, the Planning Board tookthe Se- Busa land lectmen+s letter in April 1957, relative to tax title ve tax tit -offers, and studied it in relation to the values. Mr. le & reoreaSnow talked to a real estate mane and asked for real tion area ;istic values. He said that there is no one in Lexington able to sell a house in the Bow Street area. There is a resistance tQ thatarea and the real estate offices list the property but are never able to sell. Mr. Snow referred to the offer Of $900 for tax title land on Avon Street and said that every real estate man in Town thinks it is a fair value. He said that all the offers seemed to be fair with the execption of the price of $800 for lots on Rawson Avenue which was entertained by the Selectmen. The real estate man felt $500 was a good price. The most the real estate men would give on the Theresa Avenue lots was $300 and the Selectmen had established a price of $800. He explained that the prospective purchases have to go to land court and this was taken into con- sideration by the real estate men. He said this gives some idea of the value of the land Busa has to sell. The statement was made they felt that the •Buse land was worth $400, a potential'lot. Mr. Maloney asked how much Busa wanted for the land and Mr. Snow replied $10,000. He said he purdhased. it for $3,000. The Planning Board would like about 1 553 to o -thirds of the land which would be $2,000. Mr. Snow explained that Mr. Buss wants all the land in exchange in one parcel, but there is no par- ticular area where the Town owns several lots. Mr. Maloney asked how much the Planning Board waLtxs to pay for the land, and Mr. Snow replied, the way it is now, $5,000. He said it would be the land beggnd Lillian Road which Mr. Buss put in. Mr. Snow said what he would like to do, if he can find enough tax title land in the whole area down there, would be to a change it for the Busa land. The Ohairman said what Mr. Snow was suggesting was that the Town try to work out an exchange with Mr. Buss on an equal number of lot basis and Mr. Snow replied in the affirmative. Mr. Snow asked if it would be nine or eleven lots that the Town would offer him in the general area. Mr. Maloney said that Mr. Reed has spoken to Mr. Ousa several times. The Chairman said that the Town does own lots down there on which no offers have been received and he thbught it should be tried on the equivalent number of lots in that area. Mr. Maloney suggested that Mr. Buss be advised that the Town will give him $3,000 or $5,000 for this land. If his answer is no* and too far apart, then look up the lots available in the immediate vicinity. Mr. Maloney said he would meet Mr. Buse some time before the next meeting of the Board and have a talk with him. Mr. Snow retired at 10:40 P.M. The Chairman read a letter from Mr. Gayer report- ing that he has vie#the Austin -Western, Wayne and Elgin street sweepers in operation and it is his opinion that the Town should purchase the Elgin. Street Upon motion of Mr. Maloney, seconded by Mr. Tucker, sweeper it was voted to authorize Mr. Gayer to purchase an Elgin street sweeper at a net price of $11,500. Letter was received from the Department of Public Works, together with Memorandum of Agreement, in du- Chapter 90 plicate, for Chapter 90 maintenance. The Clerk re- maintenance ported that Mr. Gayer had checked the agreement and it met with his approval. Upon motion of Mr. Tucker, seeeonded by Mr. Malotey, it was voted to sign the agreement and return it to the State Departmanb of Public Works for execution by that department. eb4 Pole removal Stimson Avenue Appoint School traffic police- woman ' Block dance Licenses Appoibt- menta Petition was received from the Boston Edison Com- pany and the New England Telephone & T&legraph Company for relocation of a j/o pole on Bedford Street at the First National Stores. The Clerk reported that Mr. Gayer had approved the proposed relocation. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j,lo pole relocation: Bedford Street, southwesterly side approximately 220 feet northwest of Worthen Road. One pole. One existing pole to be removed. Petition was received from residents of Stimson Avenue requesting acceptance of the avenue as a Town The Chairman read a letter from Chief Rycroft ad- vising that Elizabeth K. Baird has resigned as a school .L;traftic officer. He submitted for the Board's approval the name of Mrs. Margaret C. Tyler and explained that the Oak Street crossing is less than a minutes walk from her home, he has known her for a number of years and found her to be of good character and reputation. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to appoint Mrs. Margaret C. Tyler, 7 Oak Street, a police officer for school traffic duty. Letter was received from Mrs. Edwin P. Booth, 11 Westwood Road, requesting permission to hold a block party at the intersection of Millbrook and Westwood Roads on Saturday evening, August 10th. The Board had no objection providing Westwood Road will be easily accessible in the event of an emergency. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the following licenses: Manhatten Resturant 45 Waltham St. Com. Viot. Mary D. Guarino, d.b.a. Carriage House Resturant 271 Lincoln St. Com. Viet. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to appoint the following Election Officers, recommended and approved by Mr. Carroll, Clerk of the Board of Registrars, for terms expiring September 1, 1958. 1 PIRCTION OFFICERS 1956 Charles J. Dailey D 28 Bow Street Janet H. Pigott D 8 Wilson Road Joseph P. Waddleton D 15 Morton Road George E. Foster 10 Plainfield Street JohnJ. Rudd R 17 Vine Brook Read Ilda J. Field R 20 Chase Avenue Mary W. Rowland D 148 Lowell Street Rose I. McLaughlin D 88 Oak Street George F. Stygles D 65 Oak Street George D. Smith R 12 ;Locust Avenue Helga M. Carlson R 82 Fottler Avenue Mary E. Clifford R 54 Chase Avenue Lena Rochette R 366 Marrett Road Arnie H. McDonnell D 7 Curve Street Emma Zitso 65 Williams Road D 1957 Ralph I. Dale 1640 Massachusetts Avenue Randall W. Richards 67 Farmcrest Avenue Merrill Y. Papen 9 Hilltop Avenue D Louise Ahern 15 Muzzey Street D Margaret Ballou 332 Concord Avenue D Edward McGrory 46'Parker Street D Mary G. Oliver 610 Waltham Street D D R R R R R Florence M. Bruce 126 North Street Elizabeth F. Downey 4 Farmcrest Avenue Henry P. Meade 1505 Massachusetts Avenue Mary S. H. Ellis 188 Waltham Street Beatrice F. Morse 1 Vine Brook Road Dorothy KA Parker 9 Forest Street Alice G. Marshall 9 Independence Avenue R Lester L. Andrews 1 Hill Street 555 606 James T. McGann D 11 Utica Street Ella G. Callahan 311 Bedford Street Margaret E. Collins D 160 Woburn Street Rosalie MacDonald R 8 Sheridan Street Jean E. Baker 38 Fletcher Avenue R Edna D. Anderson 21 Lennard Road R Milton F. Hodgdon 36 Hayes Avenue R Agnes T. Buckley 22 Grant Street Alice L. Osgood D 573 Marrett Road Clarence E. Delp D 1$ Dexter Road Alice T. Jorgensen _R 23 Normandy Raid Marion R. Coughlin R 52 Dexter Road Elizabeth Fardy R L0 Preston Road Joseph 0. Rooney D 51 Grant Street R D D D D D R R D R Helen M. Smith 170 Wood Street Christine A. Stewart 782 Massachusetts Avenue Mary Tocio 21 Crescent Hill Avinne Mary J. Ferry 50 Downing Road Carroll J. Ryan 10 Bedford Street Catherine J. Belliveau 24 Charles Street Mary A. Spellman 24 Shirley Street Caroline F. Deloury 99 Spring Street Sally S. Hooper 282 Bedford Street Eleanor M. Cosgrove 307 Wood Street Nary A, Hallett 2270 Massachusetts Avenue Ingrid M. Newhall 34 Eaton Road D Agnes Hall 7 Lake Street Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign a Sewer Order for the installation of a surer in Franklin Avenue from Crescent Hill Avenue, a distance of 200t t northeasterly, in the following form: 1 557 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance of the prdvisions of Chapter 504 of the Acts of 1897 and all acts in additiOn thereto and in amendment thereo4 and of every other power and authority hereto enabling, at a meeting duly held this fifth day of August, 1957, has laid out and voted to construct a common sewer in Franklin Avenue, a way in said town opened and dedicated to the public use which has not become a pubit way from Crescent Hill Avenue a distance Of 200' ±, northeasterly as more fully shown on a plan entitled "Plan of Proposed Sewer In Franklin Ave.-, Lexington, Mass. Scale 1" = 40' July 22, 1957, Richard J. Gayer, Town ineer", abutting the premises thereon designated as Lots 7,8, 15 and 16 on the Assessors' plansaand does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer In Franklin Ave., Lexington, Mais. Scale 1" = 40, July 22, 1957, Richard J. Gayer, Town Engineer" is to be recorded herealth all in compliance with vote taken at the Adjourned Town Meeting held March 25, 1957 as follows: "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determinein accordance with Chapter 504 of the Acts of 197 and all acts in amendment thereof and in addition thereto, or otherwise and to take by eminent domain or other wise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisi- tion the sum of $285,800.00 of which $11,800.00 is to be transferred from the Sewer Assessment Fund; $24,000.00 is to be raised in the current tax levy; and the balance of $250,000.00 is to be provided by the issue of binds or noted of the Town and that the Treasurer, with theapproval of the Selectmen, be and he hereby is authorized to borrow the sum of $250,000.00 and issue bonds or notes of the Town therefor, to be payable in aecordanee with the provisions of Chapter 44 of the General Laws, as amended within a period not exceeding twnety years." That the work be done by, or under the direction of the Superintendent of Public Works who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to the Board an account thereof, and that thereafter, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 1926. 558 And it is further ordered that a copy of this order, Atteated by the Clerk of the Board, be filed in the Registry of Deeds for the Southern District of said County, as a statement of opt action in the premises in compliance with the provisions of Section 27 of Chapter 83 of the General Laws. The assessments so to be made are estimated, and the estates upon which assessments may be so made are numbered in the numbering of said Street or Otherwise designated, as set forth in the schedule hereto annexed and made a part hereof. Selectmen of Lexington Attests Hazel J. Murray Executive Clerk, Selectmen William E. Maloney Ralph H. Tucker Raymond W. James TOWN OF LEXINGTON Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Franklin Avenue from Crescent Hill Ave., a distance of 2001 ± northeasterly. Supposed Lot Estimated Owner Number Area Assessment Nora A. Dodge 7 4,000 $182.74 Harold W. & Louise M. Proudfoot h/w 8 4,500 205.59. 1 559 Supposed Lot Estimated Owner Number Area Assessment John D. Jr. & Edna C. Bonfilio h/w 15 4,000 $182.74 Benedict R. & Mary Nochella h/w 16 4,000 182.74 Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to sign a Sidewalk Order for the construc- tion of a sidewalk from a point 77' northerly of Farm - crest Avenue, a distance of 1260' + southert. along the easterly side of Waltham Street in the following form: WALTHAM STREET Middlesex, ss. Town of Lexington WHEREAS;, the Town of Lexington at a Town Meeting duly called and held on March 18, 1957, and adjourned to the 25th day of Marbh, 1957, duly adopted under Article 18 of the Warrant the following vote: "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abAtting owner pays one-half of the cost, or otherwise, and to appropriate theref of $50,000.00, and to provide for payment thereof/om ie cess and Deficiency Account." NOW, THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of every and any other power and authority us hereto in any way enabling, determine that public convenience requires the establishment of a sidewalk on Waltham Street from a point 77' northerly of Farmorest Avenue, a distance of 1260' + southerly along the easterly side of Waltham Street, and it is therefore: ORDERED that a bituminous concrete sidewalk be constructed along the westerly side of Waltham Street from a point 77' northerly of Farmorest Avenue, a distance of 12601+ southerly and that one half of the cost thereof be assessed upon the abutting estates. Annexed hereto and made a part hereof is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. 560 Witness out hands at Lexington aforesaid this day of August, 1957. Majority of Board of Selectmen William E. Maloney Ralph H. Tucker Raymond W. James COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. August 5, 1957 Then personally appeared Raymond W. James, William E. Maloney, Ralph H. Tucker and severally acknowledged the foregoing instrument and statement by them subscribes' to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me. Hazel J. Murray Notarlf Public My commission expires Nov. 2$, 1957 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Owner as of Jan. 1, 1957 1 1 Cert.No. Lot No. Frontage Assess. Land Ct. William B. & Martha E. Kirby h/w Frank & Simon & James C. Anna Bottafu000 Louise Deveau h/w A A 4 B 78/ 77.0 1.3.82 50.0 $77.Oo 143.82 50.00 Jr. & Mary L. Shaughnessy h/w 79 50.0c 50.0o 67572 Owner as of Jan. 1, 1957 Lot No. 561 Lead Ct. Frontage Assess Cert. No. Harry A. & Marie A. Sbachadoorian h/w 80 50.0 $50.00 Jennie & Vincent Esposito 81-82 100.0' 100.00 Thomas & Mildred D. Brown h/w 83 78.60 78.60 Uharlotte Maxner 8L1. 113.80 113.80 Everett M. & Irene Dillman h/w 85 84.0 8..00 Delia V. & John D., Edward M. & Margaret N. Caslidy 128 65.0 65.00 Guy W. & Rafaela Spuria h/w 129-130 10%57 100.57 John & Angelina Giagrande h/w 131 50.06 50.06 Frank B. & Jeanne C. Stowell h/w 132 50.02 50.02 Joseph B. & Dorothea E. Grinnell 133A 50.00 50.00 n n n n n n 133 B 50.00 50.00 The Chairman explained that the New England Tele- phone and Telegraph Company had presented a bill for 78 to cover the cost of installing a section of cable from the Town Office Building to the new police head- quarters. This is to provide service between buildings at present and in the future. This is a non- Telephone recurring charge, but there will be a monthly charge Cable bill He asked if it was a proper charge against the Additional Town Office Building appropriation or if it should be charged against Town Offices and Cary Memorial Building budget. It was agreed to pa; the bill from the Town Offices maintenanee budg6t. The Chairman read a letter fron Colonel Dunlop ad- vising of his departure from hawrence G. Hanscom Field and expressing appreciatifor the aid and assistance received from the members of the Board of Selectmen during his tour of duty at Bedford; 5€ 2 The meeting adjourned at 10:55 P.M. A true record, Attest: e tiv/Clerk, Selec nen. 1 SELECTMEN'S MEETING August 19, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 19, 1957 at 7:33 P.M. Chairman James, Messrs. Reed, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works', Mr. Mahon, of the Boston Edison Company, and the Acting Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following individuals were drawn for jury duty: Chester N. Shaffer, 17 Patriots Drive; Harold E. Silman, 250 Marrett Road; Donald D. Lindsay, 47 Wood Street and John L. Ketchum, 27 Patterson Road. Mr. Carroll retired. 563 Jurors Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Pole Telegraph Company for j/o pole location on Ivan Street. location Mr. Mahon representing the Boston Edison Company was present. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the Order for the following j/o pole location: Ivan Street, sbuthwesterly side, approximately 15 feet southwest of Eldred Street, -- One pole (1) pole. (One existing pole (JO) to be removed.) Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Pole Telegraph Company for j/b pole location on Bartlett location Avenue. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the Order for the following j/o pole location: Bartlett Avenue, northwesterly side, approx- imately 200 feet southwest of Lowell Street, -- One (1) pole. (One existing JO pole to be removed.) i64 Mr. Mahon retired. Mr. James read a letter to the Board from a Mr. Walter H. McLaughlin, attorney for E. Robert Sylvester Relocation of 8 Ballard Terrace, referring to possible plans for Ballard relocation of certain streets in the vicinity of Ballard Terrace Terrace. The Chairman was authorized to write Mr. McLaughlin, stating that the Board had no plans for such relocation at the present time, and if such relocation did occur, it would possibly come under the jurisdiction of the Planning Board. Mr. Stevens, Town Counsel, arrived at the meeting at 7:13 P.M. Mr. Maloney arrived at the meeting at 7:L8 P.M. Mr. Stevens presented contracts for sidewalks Contracts and also contracts for engineers' services for sidewalks from Whitman & Howard to be signed by the• Selectmen. Letter was presented to the Board compiled by Mr. Stevens, Town Counsel, to the Outdoor Advertising Outdoor Division in reply to application from John Donnelly & Advertising Sons for the erection of a billboard or sign in the Town of Lexington at 93-97 Massachusetts Avenue. The Town of Lexington expressed objection to this application and requested that a hearing be held by the Division before final action is taken, and requested time and place of such hearing. The Board unanimously approved of this letter and same was signed by Mr. James. Mr. Gayer requested that in the warrant for Special Town Meeting an Article be inserted for more appropriation for insect suppression. He also mentioned that on the laying out of Eldred Street Chapter 718 funds would be used. Voting Mr. Stevens brought up the subject of purchasing machines voting machines for the Town, and explained that *ny rental cost would be applied toward the price of the machines. Mr. James agreed to take this up with the Appropriation Committee. 1 Mr. Stevens had replied to letter received from one Melvin R. Perlman, attorney, regarding injuries suffered by Nancy Oldford at the Lexington Municipal Pool on July 23, 1957. It was unanimously agreed that this matter was closed as the Town had no liability. Hearing was declared open with the intention to lay out Eldred Street from the southwesterly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less. Three persons attended the hearing and Mr. Gayer produced map showing location of layout. No objection was raised. Mr. Reed suggested that we put in water and sewer at the same time the road is put in. Hearing was declared closed. Hearing was declared open with the intention to relocate and alter Rowland Avenue from Massachusetts Avenue southwesterly approximately 100 feet. As Mr. & Mrs. Woodberry, the only parties involved, had phoned they had no objection and could not attend, the hearing was declared closed. Letter was received from the County Commissioners in anticipation of work contemplated this year on Concord Avenue, stating that a second hearing would be held on Friday, August 30, 1957 at 10:50 A.M. Letter was also received from James J. Carroll, Town Clerk relative to noticefbr first hearing held in June. Petition was received from residents on Massa- chusetts Avenue requesting a sidewalk. Mr. Gayer advised that betterment sheets were pre- pared on this request. Request was received from Charles E. Bamberg, Sr., for shade trees in front of his property at 24. Calvin Trees Street. This letter was referred to Mr. Gayer who has put this on the list of requests, and will:also write Mr. .Bamberg. Petition was received from property owners on Rowland Avenue 'requesting a sign either "not a Thru Way" Signs 565 Injuries at pool Eldred Street Hearing Rowland Avenue Hearing Concord Avenue Chap. 90 hearing Sidewalks 5 err Traffic Signals Corrigan development or Dead End Street". Mr. Gayer advised that all signs on Rowland Avenue had been taken care of. Letter was received from the Commonwealth of Massa- chusetts, Department of Public Works, relative to certain changes which would be beneficial to the Town of Lexington, in the areas of Bedford St., Worthen Road and Main Fire` Station; also Massachusetts Avenue at the Adams School. This letter was addressed to Mr. James, per request from Mr. Gayer, Superintendent of Public Works. After a short discussion, Mr. Gayer stated he would explain this letter in a more simplified manner at a future meeting. Copy of this letter and sketches were given to Mr. Gayer. Mr. Ernest Corrigan, who is the developer of Loring Estates, met with the Board, and stated that he has a problem as he had an agreement with the Superintendent of Schools that he would not go through the school yards after September 3rd. He wants to know what he would do after that. The Superintendent of Schools said he would have to be out of there after the 3rd so as not to disrupt tie classrooms. Mr. James questioned in"what condition the road is in. Mr. Corrigan said he cannot connect to the sewer on account of it being Town property. Mr. Stevens suggested that Mr. Corrigan can pay for the sewer even if the Town puts it in, as the Board of Survey Street does hot include water and sewer. Mr. Reed asked if Mr. Corrigan was going to build the houses immediately. Mr. Corrigan said he has seven houses being built right away, and would connect immediately tot he sewer if he were allowed to go through the property. Mr. Gayer said they couldn't put the sewer in by September 3rd. Mrs. Morey stated that she understood that the work was to be done before the opening of school so there would be no disruption while school sessions are going on. Mr. Reed said the School Committee or Mr. Smith cannot stop Mr. Corrigan from going in. It was unanimously agreed the expense on the utilities would have to be borne by Mr. Corrigan. Mr. Stevens suggested that Mr. Corrigan contact his attorney, Mr. Gould, who in turn wontact him if they could come to no definite decision or solution. 1 561 Mr. Reed said one solution to get in this development was for the Townie have an Access Road. he also asked Mr. Stevens if Mr. Corrigan could go ahead and pay us and later if we find out it is the townTs responsibility, .reimburse him. Mr. Stevens said we have to have a special account to reimburse Mr. Corrigan. Mr. Corrigan retired at 9:20 P.M. Mrs. Morey suggested that Mr. Smith be notified and Mr. Corrigan be given an extension of time to finish con- struction after September 3rd. Mr. Gayer said the town had no funds available at this time to build a road. Mr. Reed suggested commencing the construction of the road at once and add the cost to the Public Works Account, if all parties concerned are agreeable; Mr. Stevens retired at 9:30 P.M. Notice was received from the D. P. U. re hearing on petition of the Boston and Maine Railroad. No action wastaken. Petition was received from Clifford D. Fleming requesting estimates on connecting water to the Request corner of Earl and Ash Streets. for water This request was referred to Mr. Gayer. Letter was sent to Mr. James from Erik Nelson, 1387 Massachusetts Avenue, written in lengthy detail, giving Traffic stiggestions for better traffic control in Lexington. Control No action was taken on this. Letter was received from William Roger Greeley referring to diseased Elm trees. Mr. James agreed to write Nr. Greeley explaining that this matter will be taken up at the next Annual Diseased Town Meeting to decide whether or not to continue Elms this policy of removing diseased Elm trees from private property. Mr. Gayer reported that Blanche Richards who operates the billing machine is receiving $46.20 Salary per week. raise In 1956 she made $44.00, the previous year she made $40.00. The salary for the type of wort she is doing now is $50.80. It was agreed to consider a raise for Blanche Richards. 0 Water i"r. Gayer stated that he had written the Fire Department that they were not to open any fire hydrants unless they had permission from the Superintendent of Public Wdrks. It is understood that previously the Fire De - pertinent had been filling swimming pools at the request of the owners. Letter was discussed, sent by Mr. James A. Carrig, Complaint with reference to his 1957 tax bill, which showed a re decided jump in assessment. assessment Mr. James agreed to write the assessors and ask for an explanation of this discrepancy, and to meet with the Board at their earliest convenience, to explain their procedures and policy regarding such assessment. increases Letter was received from Francis S. Benoit re Veterans' Memorial. Veterans' Mr. James was going to look into this further Memorial before replying. The selection of this was a suitable memorial as agreed by Town Meeting several years ago. At 10:05 P.M. Mr. Grindle of the Planning Board arrived at the meeting. Routes 2 Be stated that he would like to approach the and 128 State Department of Public Works and get a statement from them or any suggestions of what they could do on Route 2 and 128 for access. He would like the Board of Selectmen to go along with him. Mr. James suggested that if we go in there we. should have some sort of plan to present to them to take care of this traffic problem. The Board agreed to wait until Sam Snow came back from his vacation. It wassgreed to make an appointment with the Department of Public Works as the Board will agree with anything the Planning Board decides. Letter was received from Mr. Carroll, Town" Clerk advising of the resignation of Charles H. Cole, Resignation 2nd., as amember of the Hospital Needs Study Committee, Invitation was received from the Stanley Hill Invitation Post #38 American Legion, for the installation of officers on Monday, September 9, 1957 at 8:00 F.M. 1 1 569 Inasmuch as Monday evenings are reserved for Board meetings, the Chairman was to write the American Legion and advise them they will try to have a representative present. Application was made by Alan G. Adams for per- mission to conduct a meeting at Estabrook Hall on Use of Tuesday evening, September 10, 1957 at 8: 00 P.M. Hall to discuss Hobbs Brook Basin. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the request. Notice was received from an organization, namely Freedom, Inc., in which they requested an outstanding citizen of immigrant parents to represent Lexington, in a Constitution Day Celebration, which is to be held on September 17th. It was unanimously agreed to investlate the organization before choosing someone to represent Lexington, as neither of the Selectmen had heard of same. The meeting adjourned. at 10:30 P.M. A true record, Attest: Acting Clerk, Selectmen i a- • u. -�, °""Y a.Q fes{-. Pole location SELECTMEN'S MEETING August 26, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 26, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive -Clerk were also present. Mr. Benjamin Pickering, 3 Patriots Drive and two other gentlemen met with the Board. Mr. Pickering said that last Fall the.Board. held a meeting in regard to a telephone pole on Patriots Drive. He said the impression was that the feeling was unanimous that the pole should not be put on Patriots Drive, but on Meriam Street. The Chairman asked among whom the opinion was, unanimous and Mr. Pickering replied amoung those present at the hearing, He said the pole was to he a six inch steel trolley pole. Now he finds that the pole is going to be on Patriots Drive, a wooden pole about 40' long, 13" through the butt above the ground, assuming it goes 10' in the ground. He said he did not know why the decision was changed. The Chairman explained that no permission has been granted by the Board to place the pole anywhere. He said the Board did agree, however, that it would permit an iron pole, of the type Mr. Pickering des- cribed, to be located on Patriots Drive just beyond the sidewalk as it comes up Meriam Street to be used to as an anchor pole. He said he believed the telephone company was informed and there is a note that on December ]4th the next move was up to them to approve or disapprove. The Board has heard nothing further since. Mr. Reed asked if Mr. Pickering was assuming that the company was going to put the pole up or if he had information which the Board did not have. Mr. Pickering said he thought it was to be a metal pole placed on Meriam Street. He said Mr. Holcomb:' happened to be going by and he asked him about it. Mr. Holcomb said it was Eping on Patriots Drive. Mr. Reed asked who Mr. Holcomb is and Mr. Pickering said he is the Secretary of the Episcopal church. Mr. Reed asked if Mr. Pickering.` had contacted the company and he replied in the negative. He. said seeing a wooden pole on the found started a train of thought. 1 1 One of the gentlemen, who did not give his name asked if the pole is to be placed on Patriots Drive and the Chairman replied that it is if they consider a little bit in from Meriam Street as Patriots Drive. He explained that it will be either just in front of or in the rear of a hydrant there. Mrs. Morey asked if Mr. Pickering was concerned only about the fact that it is a wooden pole instead of a steel pole. Mr. Pickering replied in the negative and said he did not want a pole on Patriots Drive because they all paid a premium for no poles and no sidewalks. The Chairman explained to Mr. Pickering by use of a blueprint where the pole is to be located. He said that the Board had also advised the company that an evergreen tree would have to be planted to hide the pole and Mr. Pickering said that could not be done because it will be too close to the sidewalk Mr. Reed explained that the company has not.accepted the Boardts proposal and had not come back with an answer. He said, to hid knowledge, the company has never,put up a`pole without permission from the Board. The group retired at 7:40 P.M. Mr. Stevens said that a week ago Mr. Corrigan was in and Mr. Gould was to call him which he did not do until today. There was much discussion about what Constitutes a Board of Survey Street. He wanted to know why it was not the-townts expense to record the sub- division plan. He also contended that the Board of Survey used to require the installation of utilities and thought he might go back to Mr. Baskin's file. Mr. Stevens said it was his impression that the utilities came up under the subdivision law. Mr. Stevens referred to a letter from the Planning Board with reference to the application of Moore Realty Trust for approval of a definitive subdivision plan, Burnham Farms Section One. This plan includes a portion of a proposed town road with a 70 -feet right-of-way which the Planning Board is recommending as part of the major •street plan for the town. The Trust agreed to grant to the Town an easement for the proposed town road and,.in accordance with the subdivision plan, proposes to construct a portion of the road at a grade of 8% which is sufficient to serve the subdivision. However, where a principal street is involved, the subdivision regulations required that grades shall not be more than 6%. The Planning Board is requiri the subdivision plan to be modified to show a grade of 6% but felt it unreason- able to require the subdivider to provide the extra fill 571 Corrigan developmex Loam - Moore develop- ment 2 Street signs Sidewalk & removal of trees on Mass. Ave. which would/ciangessary to the road to a standard to serve town -wide needs. The Board recommended that pro- vision be made for the additional fill either from attainable funds or by a especial appropriation to be voted at the next Town Meeting, and estimated the cost to be $1225 for approximately 750 cubic yards. It was the unanimous feeling of the Board that funds should not be requested at the Special Town Meeting in September and that the money would be available in the Public Works budget. Mr. Stevens called the Board's attention to the fact tkiat street signs have not been erected on sub- division streets. It was unanimously agreed, that, as of this date, August 26, 1957, the subdivider should erect street signs before bonds are released. Mr. Jules P. Sussman, 2521 Massachusetts Avenue, and twelve other individuals met with the Board. Mr. Sussman, spokesman for the group stated that he had two petitions signed by all present and many others. The first petition read by Mr. Sussman was as follows: Petition and protest to prevent removal and deetrtrtion of trees on Massachusetts Avenue. The undersigned residents of the town of Lexington do hereby voice a strong objection to the intended removal, for the purpose of facilitating sidewalk installation, of trees lining Massachusetts Avenue from Cedar Street to Paul Revere Road. We wish to call the attention of all town officials concerned to the obvious aesthetic value of these trees to the town at large, plus the shade and view offered by these trees to abutters, It is our view that the removal of these trees would consti- tute a needless and wantonly destructive act, and wel:.hereby petition the Board of Selectmen of Lexington to issue an order preventing the removal of any and all of these trees. The Chairman said he thought the group had arrived at the meeting without the Board's previous knowledge. He explained that the Town Engineer would not be present and if the Board had any knowledge that the group was coming, he would have been present and the Board could have ob- tained answers from him relative to the sidewalk engineer- ing. He explained that a sidewalk cannot be installed' without the removal of some trees. He said he felt certain the engineering had been done to provide the best sidewalk taking into account the trees that are there. He ex- plained that provisions must also be made for plowing. He said he could npt make any further comments because he did not know the engineering details. Mr. Sussman said the first anyone on the street knew about this sidewalk and the loss of any trees was last Monday or last weekend when notices were posted on all the 1 1 573 trees that were to be taken. He said the hearing turned out to be nothing but a formality. Mr. Reed explained that this subject was discussed at length at the Town•Meeting which was the time for the people to object. Mr. Sussman said the only notice received about the 'didewalks was the entire booklet, the Town warrant. The abutters themselves received no.seperate notice that this was going to affect them. He said no one was contacted and no seperate notices given. He said they do not feel it was sufficient notice. . The Chairman explained that the group has some Town Meeting members in the area who either voted for or against the project. Mr. Sussman said he discovered that. The Chairman asked how many trees are involved and Mr. Sussman said he thought there would be not more than twelve. One of the gentlemen asked why the sidewalk on the opposite side of the street could not be used. The Chairman explained that the Board had hoped that was going to serve the area but it does not provide safety for the children coming from the Cedar Street area going to'the Maria Hastings school. One of the gentlemen asked why there couldn't be a police officer at the corner of Battle Green Road. The Chairman replied that it would necessitate more women police officers. Mrs. Larken said they all realized the sidewalk was going to be there, but they did not realize it involved taking down so many trees. She said she has lived there for sixteen years and is willing to pay for the sidewalk but is opposed to removal of the trees. She said she realized the sidewalk has to be built but felt that some- thing should be done to save the trees. Mr. Reed asked how near the street the trees are and Mrs. Larken replied that they are in the middle of where the sidewalk is going. Mr. Reed asked how many of the people would be will- ing to give land for a sidewalk. Mrs. Larken replied she would and said she would be willing to pay *100 for the tree at her property. Mrs. Morey asked if all the people who signed the petition would be willing to give two or three feet of. their land for the sidewalk. She explained that there 'must be sidewalks and the Board had decided on straight sidewalks because of the problem in plowing. • A woman asked if curbing could be installed and said the people would not object to the children walking on the Si 4 lawns. She said the curbing would keep the children off the street and preserve the trees. The Chairman said that it was a good suggestion but he was:not qualified to decide. The Chairman said he would like to.suggest that the petition be rewritten to include a sentence agreeing to give the Town approximately two feet of frontage in an effort to save the trees. Upon receipt of such a petition the Board could examine the situation with the Town Engineer and see what might be worked out. Mr. Sussman asked if•'.bhe Town Engineer, or someone authorized to make decisions, could go around to the householders or have a meeting with the people and get the matter straightened out to their satisfaction. The Chairman said he thought little could be accom- plished by such a meeting becaase everyone would have a different opinion relative to the engineering. The Chairman said that the Town Engineer could ex- amine another proposal, if presented, which would include a method of saving the trees and then go over the proposal at some other meeting. Mr. Sussman said that would be agreeable and he thought most of the people would be willing to give the land. The Chairman said if Mr. Sussman could get that permission it would help the Board in determining what can be done. Mr. Maloney pointed out that if a child was hurt and the Board had not done everything in its power to protect the child;en, there would be much more criticism that that of removing the trees. Mr. Sussman said he had another petition requesting the discontinuance of sidewalk construction because of the following reasons: 1. Problems entailing trees. 2. A large sum of money was spent.in the recent past for the purpose of constructing a gravel sidewalk on the opposite side of Mass. Ave. This would seem to fort a fine basis for a permanent sidewalk, if any. 3. To our knowledge the proposed walk is to be five feet wide. We feel that this large width is not, justified. 4. The proposdd sidewalk is not the result of requests by the abutters, who will be taxed for betterments. 5. The only notice given to the abutters, concerning this sidewalk, was in the overall town warrant containing all of the items subject to passage by the town meeting. NO attempt was made by anyone to call the attention. of abutters to the proposal or to elicit their views. 1 575 6. The sidewalk is for the purpose of affording safety to local school children. and the majority of these live on nearby side streets, where no sidewalks exist, nor are intended. Since the sidewalks are for the benefit of the entire neighborhood, and do not add to the value of adjoining property, we feel that the cost of a sidewalk located here, if at all, should. be borne by the entire community. Mr. Sussman asked what action the Board suggested taking. •The Chairman said he would suggest that Mr. Sussman have another sentence put on the first petition as step number one then the Board will ask the Town Engineer to consider what can be done. He said that, for the time being, no trees would be taken down. He said the Town Engineer having considered the subject, a meeting could then be held at which time he could explain what has to be done and the best solution that can be worked out. Mr. Sussman said that would be agreeable to him. The Chairman said that the Board would check the second petition with Town Counsel. Mr. Sussman said that laws are man made and can be changed at any time. Mr. Reed explained,in regard to betterments, that many people living on private streets have not paid better- ments but do travel over streets where other people have paid betterments and he thought this situation was the same. These people ride over streets for which others have paid and others will be using the sidewklks for which these people have paid. Mr. Sussman said, according to Mr. Flynn their Town Meeting member, a group of people have asked to have side- walks installed. The Chairman explained that the sidewalks now pro- posed, of which this is one, are merely the beginning of a large group of sidewalks recommended by the School Com- mittee and not the result of any effort on the part of any Town Meeting member to have sidewalks in his_area. Mr. Sussman said he thought there might be some method of spreading the cost over the entire town or the school district. The Chairman said he knew of no way at the moment, but would check.it. Mr. Maloney pointed out that property owners living on unaccepted streets also pay'taxes as do those oneaa- cepted streets. Mr. Reed explained that last year was the first year the town appropriated any money for sidewalks and this is only the beginning of a sidewalk program and an appropria- tion of *50,000 per year is expected for the installation of sidewalks on main streets. He said that they would not be installed on a lot of the side streets. He said he thought the Planning Board was now requiring subdividers to install sidewalks, but the Selectmen have no thought of installing sidewalks on side streets. Mr. Sussman said he thought people should be notified that there is something coming up for which they will be taxed. Mr. Reed explained that there are precinct meetings, the Town Meeting and the meeting of the Town Meeting Members Association where this subject was discussed. He explained that the Board had advised that a sidewalk was to be put in and the only notices required by law are on the construction of streets. Mr. Sussman said that perhaps new laws are needed requiring Town Meeting members tonotify the abutters. One of the women said that the sewer would be installed this year which would also be an added expense and Mr. Reed explained that the sewer would be installed because the people had petitioned for it. The group retired .at 8:50 P.M. Chairman Grindle, Messrs. Soule,. Abbott, Burnell and Jaquith of the Planning Board met with the Selectmen. Mr. Grindle reported that Miss Edith Willard talked to him the other day and mentioned a few restict- tions relative to a right- of -way. She does not want to have any entrance opposite her house until she had passed away. She has no objection to the use of the further end of the land but does not want anything done nn the North.Street side until she dies. She discussed the matter and proposed putting it on a six year period havi an initial payment of *10,000 making a total of /60,000. He said that there is about fifty-nine acres of land involved. She feels she id giving the town something which she wants to do. Edith If she had the money, she would give the entire parcel Willard to the town. He said he thought the land is worth property *1200 or *1500 an acre. Mr. Grindle explained that Miss Willard was very insistent -that he advise everyone that she would like to keep this confidential. She feels that if she offer; it to the Town far *60,000 and the Town does not take it, it will hurt her selling the property to someone else. She is going away in November and would like an expression of the Boards. Mr. Grindle said the Planning Board has not voted, but the members felt it was a reasonable price for the land. 1 577 Mrs. Morey asked if the Town could sell the -land after Miss Willard passed away and Mr. Grindle replied that is what she told him. The Chairman asked how this would be handled finan- cially. Mr. Jaquith said, in discussing it with Mr. Stevens, he was under the impression that the Town cannot purchase this on a $10,000 this year and $10,000 next year basis without obtaining a special Act, unless all the money is appropriated at one time. There is no way of financing this with a future purchase price to be paid without a special Act. The Chairman asked if the Town could borrow the money to purchase the land, and Mr. Jaquith replied that the Town could borrow the money all at one time and hold it. Mr. Reed asked if the Town could purchase a certain amount of acreage each year that will cover that price and Mr. Stevens replied in the affirmative. Mr. Jaquith explained that Miss Willard wants the entire piece off the tax rolls. Mr. Reed asked if one of the stipulations was to get the property off the tax rolls. He also asked if she wants the Town to purchase it all at once but have payment spread over a period of six years. Mrs. Morey asked how much the property is assessed for and Mr. Grindle replied that the taxes are $L.50. The Chairman said that would be about $9,000. Mr. Grindle said that if the Town does nob give some indication within a year or so she will have to dispose of it somehow because she needs the money. Miss Willard also told him that if anything happened to her, Miss Robinson would not want to live in the house alone. Mr. Reed said he thought the Town would purchase the property if it is properly explained. Mr. Stevens left the meeting at 9:05 P.M. Mr. Grindle said there is the possibility of seventy- five houses being constructed on the land. Mrs. Morey asked if action by the Annual Town Meeting would be soon enough, and Mr. Jaquith replied that the Planning Board could take an`.option. Mr. Grindle said that the Planning Board would also discuss the subject with the Appropriation Committee. The Chairman said it seemed to him that it would be a good thing to do. Mrs. Morey asked if $60,000 was as low as Miss• Willard would go end Mr. Jaquith replied that the Planning Board talked $50,000ibht she felt that was not enough and said it was wbrth quite a bit more. However, she came back with a price of $60,000. 578 Mr. Maloney asked if it was a net price and no in- terest. Mr. Jaquith replied that she did not mention interest this time. Mr. Grind&e said all she ever mentioned was so many payments. He said the Selectmen could let the Planning Board know how they feel about it so that the Planning Board can talk to her again. The Planning Board retired at 9:15 P.M. Jr. High The Chairman read letters, dated August 22, 1957, School from the Town Counsel to the Board of Assessors and the Col - land lector of Taxes with reference to land acquired by the Town from John H. Millican and Esco Builders Corporation to be, part of the site of the new Junior High School. The Chairman read a letter from Mr. Carroll, Town Appointment Clerk, advising that Dr. William. L. Cosgrove has been appointed a member of the Hospital Needs Study Committee to fill the vacancy caused by the resignation of Charles H. Cole. The Chairman read a letter from the Project De velopment Associates with reference to Federal grants -in - Urban aids for urban planning. ' planning Mrs. Morey said this seemed to go along with what Mr. Roland Greeley recently wrote to the Board relative to Meagherville property. No action was taken. The Chairman read a letter from the Town of Stoughton with. reference to a committee in Stoughton Legislation known as the Protect Our Children Crusade. Stoughton is. asking cities and towns to adopt an appropriate resolution urging their. State Representatives and Senators to adopt suitable legislation that will keep the so-called sex offenders In institutions where they can be helped by persons whose business it is to do so. No action was taken. Mr. William I. Burnhan and Mr. Cornelius Cronin tet Carrig with the Board in regard to letter recently received by assessment the Selectmen from James A. Carrig who is displeased with the assessment of his property, Section 3 Lawrence Lane, Mr. Croiin explained that Mr.19Erig came in to the Board of Assessors in January/and inquired about how his property was to be assessed. At that time he was told it would be assessed as acreage and as he sold the lots off, they would be assessed to the individuals. 1 579 What was left, would be assessed for 15,000 an acre. He said that policy was continued until 1956. In the mean- time the policy of the Board of Assessors has changed. Now the developers are using the land as soon as it is laid out. He explained that Mr. Carrig has had the privilege of having the lots laid out at $5,000 an acre assessment. Mr. Burnham explained that the street on the land about which Mr. Carrig is complaining was not put in until 1956, and the Assessors did not increase the value in 1956, but this year he sold lots from $4,000 up to $5,000 and $5,500. The Assessors feel that they should not assess the land as acreage after the street is all in. Mr. Cronin said that the policy has been changed from that followed in 1952. Mr. Reed asked if Mr. Moore would be assessed for lots and not acreage if he puts in the streets in his development, and Mr. Burnham replied he would as of • January 1st. Mr. Reed said, as he understood it, the entire policy has been changed. Now the Assessors are not assessing acreage any more after the street i,ggnput in. If the street was not put in, they would charge/iicreage. Mr. Cronin explained that when Mr. Carrig came in, to appease him, he told him that the policy, had been changed and if he was aggrieved by the tax bill to file an, application for abatement with the Assessors and have them look at the property. He explained this assessment can be changed. He said that Mr. Carrig's son took the application and the Assessors will look at the land in the rear of the 1775 House and he thought Mr. Carrig would be satisfied. He said he would be out of there in 1957 or 1958 because he will have sold the lots. Mr. Maloney said that if a developer such as Carrig thought he was going to be assessed he would lay out only four or six lots at a time „but he felt because of the gentlemen's agreement it was all right to as; the whole thing up. Mr. Burnham explained that Mr. Carrig was assessed on acreage until this year. Mr. Maloney said the policy is good but he thought Mr: Carrig should have been told that the assessment was going to be on lots. Mrs. Morey asked if, after the Assessors lo9k at the land, the amount of assessment put on the approved lots would be the amount put on when the house is built and Mr. Cronin replied in the affirmative. Messrs. Burnham and Cronin retired at 9:50 P.M. 580 Upon motion duly made and seconded, it was voted to sign Orders for installation of sidewalks in the following areas: Adams Street, along the northwesterly side,.extending from a point 180 feet southwesterly of East St. a distance of 2300' ± northeasterly. Lincoln Street, along the southeasterly side, extend- ing from Middleby Road a distance of 2500' + north- easterly. Massachusetts Avenue, along the northerly side, from Woodberry Road, a distance of 350' ± westerly. 448tt$1k Waltham Street, along the easterlyside extending from Allen Street a distance of 200' ± southerly. Bedford Street, on the southwesterly side, extend- ing from Manning Street a distance of 122' _ southeasterly. .Massachusetts Avenue, along the northerly side, ex- tendin$ from Cedar Street westerly a distance of x300' _ Woburn Street, along the northerly side, extending from Utica Street a distance of 3900/ 4' easterly. Mrs. Morey asked if the restrictions on the use of water could be removed. The Chairman said that if it does not rain for another three or -four days, the situation will be just as bad. Mr. Maloney suggested leaving the notice out of the paper. The Chairman reported that he had checked with Mr. Gayer and he does not favor removing the ban until there has been substantial rain. Water Mr. Tucker said he would.be in favor of leaving the restrictions restrictions as they now are. Mr. Maloney asked for how long and Mr. Tucker re- plied until after Labor Day. Mr. Maloney said that if the restrictions were lifted, it might give people an opportunity to salvage their lawns. Mrs. Morey suggested lifting the ban and issuing a statement that it might have to be put back on. 1.4 1 581 Mr. Maloney suggested taking the notice out of the paper after Labor Day and not make any statement. Mrs. Morey said she would like to have the ban lifted this week. Mrs. Morey inquired as to the status of the traffic Traffic regulation relative to no right turn on Hill Street. The Hill Clerk was instructed to have Mr. Gayer call Mrs. Morey. Street The meeting adjourned at 10:10 P.M. A true record, Attest: -pec tive,/ Clerk,�Selectm�n 582 SELECTMEN'S MEETING September 5, 1957 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday evening at 5:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Mr. James J. Carroll, Town Treasurer, met with the Board. Mr. Carroll referred to the loan of *810,000 and said he started preparing for it back in June and Borrowing for one reason or another it dragged along. So much time was lost, they changed the date to August 1, 1957 and when the Board approved it the first time it was approved as of July 1, 1957. He explained that the bonds have been issued and sold, but to make the borrowing correct, it is necessary for the Board to vote as of August 1st instead of July 1st. The Chairman asked if Mr. Carroll now wanted the vote to conform with the date on the bonds that the Board signed and he replied in the affirmative. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to approve the sale of $810,000 bonds to Coffin & Burr, Incorporated, Paine, Webber Jackson and Curtis and Tucker Anthony & R.L. Day as of August 1,'1957, correcting the date from July 1, 1957 previously voted by the Board. Mr. Carroll retired at 5:35 P.M. Mass. Ave. sidewalk The Chairman reported that plans now being pre- pared showing the sidewalks in question, the location of the trees, lot lines and boundary lines so that the Board can review the location of the sidewalk and decide if it should be located some place else in an effort to save the trees. He explained that there are other items the Board can discuss if the members wanted to meet tomorrow night. Due to the fact that it was not possible to get a quorum, no further meeting of the Board will be held until Monday, September 9th. The Chairman said that he has seen the petition relative to the Woburn Street Railroad crossing for the first time this evening. 1 e`y tI He reported that he heard from the Boston Globe and Traveler and told them that the Board had not seen the petition and did not know what it contained, had not discussed it and for those reasons could not make any comment. However, before the hearing the Board would try and determine if what was said in the petition was valid and reasonable and if the Board agreed with it, would present its views at the hearing. He stated that he did not think the Board had sufficient information to determine whether it agreed with the petition or not. He reported that Mr. Stevens had indicated, through the Clerk, that he would attend the hearing and request a postponement until the Board had an opportunity to obtain data necessary to make a decision. Mr. Reed asked what would happen if a continuance of the hearing was denied, and the Chairman replied that he did not know. Mrs. Morey asked how many members of the Board had been contacted by Mrs. Levis and Mr. Maloney Woburn replied that he had. Street Mr. Maloney said he would present the petition crossing to the D.P.U. but would not want to comment without knowing more about it. The Chairman said he thought that was why Mr. Stevens suggested a continuance. Mr. Maloney reported that railroad representatives were in town this afternoon trying to contact people and explain the railroad's position, pointing out that the proposed method of lighting the crossing is much safer.b ��id the railroad is suprised at the objection/of-the modern method of protec- tion. He said that it is the only crossing in Lex- ington now controlled by a gate. Mr. Tucker said it would seem to him that the children would pay more attention to flashing lights and bells. Mr. Maloney said that lights seem to be the method of warning wherever one goes. Mrs. Morey said that perhaps a policeman could be assigned to the crossing rather than a policewoman. The Chairman asked if the Board wanted to request Mr. Stevens to ask for a continuance. Mr. Maloney said he thought it would be the action to take and possibly the railroad would like to meet with the people who signed the petition. Mr. Reed suggested that the Board meet with the railroad representatives. Mrs. Morey said that she would like to observe the children going to school. Mr. Tucker said he would like more information, but if he had to make a decision now, he would vote in favor of the lights. The Chairman said he would call Mr. Stevens tonight and if he has any questions about requesting a postpone- ment he will then contact Mr. Maloney. The signed petition submitted by Mrs. Levis was taken by Mr. Maloney. The meeting adjourned at 5:50 P.M. A true record, Attest: 1 SELECTMEN'S MEETING September 9, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 9, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Arthur E. Johnson, 61 Spring Street; Kenneth D. Warnock, 154 Pleasant Street; Harold M,. Nielsen, 11.49 Bedford Street. Mr. Carroll retired at 7:33 P.M. Mr. Stevens said the first item to discuss was the motions for the Special Town Meeting, September 16th and the Board went over each article. 585 Jurors Mr. Stevens referred to the Boston & Maine Railroad crossing at Woburn Street and reported that the hearing has been continued until October Woburn 7th at 10:30 A.M. Mr. Leavitt, Grade Crossing Engineer Street of the Boston & Maine, is going to meet with the crossing Traffic Committee on Friday, September 13th and go over the matter with that Committee. He said he. thought the Board would be guided by what they recommend and what they propose. Mr. John J. Sullivan, 341 Marrett Road, met with the- Board. He explained he had requested an appointment Sullivan with the Board concerning an automobile dealer's complaint license issued to I. W. Douglas, 60 Paul Revere Road. re Douglas He said he was advised that Mr. Douglas met with the license Board on the 27th day of August, 1956 and at that time was refused such a license at that address and was told he would have to obtain a variance in order to obtain a license. Then he made application for a license at 1844 Massachusetts Avenue, the'•back of the Douglass funeral home. Mr. Sullivan said he talked to Albert Douglass and I. W. Douglass- was given permission to receive mail there. He never was authorized use of the premises, had never been a tenant and never paid rent. 586 He presented trade magazines and journals indicating Mr. Douglas' method of advertising at 60 Paul Revere Road. Mr. Sullivan said he contended, as a company repre- sentative for the Miller Meteor Sales of N. E. Inc. L8 Common Street, Lynn and as an individual that Mr. Douglas holds his license illegally. The Chairman asked if Mr. Sullivan's complaint was that Mr. Douglas was doing business from his home and Mr. Sullivan replied in the affirmative. Mr. Sullivan said he conferred with the Registry of Motor Vehicles and Mr. Douglas' dealers! certificate should be displayed on the premises. With no operation being conducted at 18144. Massachusetts Avenue there is no place for the certificate. The Chairman asked if this was a matter for Mr. Irwin and Mr. Stevens said he thought it would involve the question of a license and also carrying on a business in a residential area. Mr. Sullivan asked if the similarity in names possibly caused some confusion. The Chairman said he doubted that as the Board knows Albert Douglass and Mr. I. W. Douglas did meet with the Board. Mr. Sullivan asked if an investigation of the premises had been made and Mr. Reed replied that the Board took Mr. Douglas' word for it. He explained that the Board refused to grant a license for 60_ Paul Revere Road. Mr. Maloney explained that the Board understood very clearly it was just a mailing. address and that Mr. Albert Douglass was going to permit him to receive mail there. Mr. Sullivan asked if Mr. Maloney maintained he had a right to do that and ly1r. Maloney replied in the affirmative if he had desk space apd a place to do business. Mr. Maloney explained that he could have an office any place in Town and did not need a showroom. The way he wants to operate is his business. Mr. Sullivan said that the Registry of Motor Vehicles has a record of 18114 Massachusetts Avenue and he contends nothing takes place there. Mr. Maloney suggested that possibly professional jealousy entered into the matter. Mr. Sullivan denied this and said that his concern is a corporation doing business out of Lynn and has to pay rent, operating with fixed overhead. Mr. Maloney asked if Mr. Sullivan ever operated from his home. 1 581 He also asked if Mr. Sullivan ever had any hearses or ambulances at his home. Mr. Sullivan replied that he never had more than one. He said he has dealer's plates and never operated as an individual out of this Town. He stated that he has been with the company seven years, operating out of Lynn. Mr. Maloney asvised that he is aware of what goes on, what Mr. Sullivan has done and is trying to do. Mr. Sullivan said that the complaint is being registered as a company complaint. • The Chairman said, in reference to the official complaint that this gentlemen is not conducting a business at the address stated in his license, that the Board would make an investigation. Mr. Sullivan asked if he would be advised of the investigation and the Chairman replied in the affirma- tive. Mr. Sullivan retired at 8:30 P.M. Mr. C. K. Parker, 330 Lexington Avenue, Woburn met with the Board. He said he wanted to find out about residency in Lexington and to determine whether he has one or not. He presented a plan and explained the location of hig property, some of which is in Woburn and some in Lexington. He said that his original home is in C. K. Woburn. Parker Mr. Parker said that his family has friends in residency Lexington and he has had a Lexington telephone number since 1930. The Chairman asked if all the frontage of the lot was in Woburn and Mr. Parker replied in the affirmative. Mr. Stevens said he felt the test of residence depends on the Town in which the principal living utilities in the house are located, and he did not think it depended on where the owner sleeps. He. said he understood the main functions of the house, that is the kitchen and dining room are in Woburn. Mr. Parker explained that two children sleep in bedrooms in Woburn and two in bedrooms in Lex- ington. Mr. Stevens said he would rule that Ar. •Parker is a resident of Woburn on the facts as he now under- stands them. He said if Mr. Parker built a house in Lexington, he would then become a Lexington resident. The Chairman explained that he did not know what the - Board could do and explained that it takes Mr. Stevens' advise on legal matters. 688 Mrs. Morey asked if his children attended Lexing- ton schools and Mr. Parker replied in the affirmative., He said he pays about $810, but it is more convenient for him to send them to Lexington. The Chairman said he did not know what more the Board could tell Mr. Parker than he has already heard, but the Board would see if there is anything more. Mrs. Morey inquired about his real estate taxes and he explained that he pays taxes to both Lexington and Woburn. Messrs. Parker, Stevens and Gayer retired at 8:45 P.M. The Appropriation Committee and Mr. Palmer met with the Board to discuss the articles to be presented at the Special Town Meeting on Monday, September'lbth. The Chairman explained that there are some details about which the Board is not yet completely surer but in general the articles are as follows: Article 2. He said that the Committee would re- call that at the tinaeof the last Town Meeting, the figures requested was reduced. He said the amount requested is required by law so an additional amount must be appropriated and made available. Mr. Madden asked about the amount and the Chairman reported that it is $2,000. Town Article 3. The Chairman said that if he recalled Meeting correctly, this is a perfunctory article merely to change the layout of Rowland Avenue from the layout made and presented to the Annual Town Meeting. The road has been constructed not in accordance with the layout for a good reason which Mr. Gayer could explain., He said the Board is requesting $00 just to make sure of additional land, but it believes no money will be involved. Mr. Gayer explained that there was a small triangular piece oh the northerly side of Rowland Avenue to do for traffic going in and out. The Chairman said it was considered advisable to do that after the taking was made. Mr. Gayer agreed and reported that a tree was also saved. _ Article 4. The Chairman said that money waa appropriated at the last Town Meeting for engineering service's in connection with a layout of the extension of Eldred Street to Grove Street with the understanding that moneyfor eonatruction thereof would be provided by the State; funds in the amount of *52,000 which had,. been allocated to the Town of Lexington under Chapter 218. He said the layout has been made. 1 581 This article is to provide for the acceptance of the layout. If the money had been received at this time the Board would have asked for an appropriation for the money to construct the street. The Town has not received the money. so is asking for $100 gander this article to take care of land'takings which the Board believes will in- volve no money. As soon as the money is received, at the next Town Meeting, an appropriation will be requested for construction. Mr. Rowse asked if the State funds had to be received before the Town appropriated funds and the Chairman re- plied in the affirmative. Article 5. The Chairman explained that there was an agreement with Ryder at the time the High School land was taken which provided that the town would build a road in partial consideration of the land taken so he could gain access to his property up on the hill. The property has changed hands twice since; first to Baskin and now to Corrigan. The owner is building streets and made a layout which has been accepted by the Planning Board. In order to gain access the Town must build this street in accordance with the terms of the agreement. He said that it requires an appropriation of $15,000 to build the street. There are no services involved, no water and sewer. Mr. Rowse asked if the right-of-way Ryder had be- side .the High School was involved. The Chairman replied that to the best of his know- ledge the right-of-way was not given up and the Board is working on it with Mr. Stevens. It was not part of the agreement that he should give up that right-of-way. He said Mr. Gayer would have a more accurate figure in a day or two. Article 6. The Chairman said that no funds are being requested under this article. Article 7. and,8. The Chairman stated that he` was not prepared to discuss these two articles. Mrs. Morey said that bids will be opened Wednesday and Thursday evenings. Article 9. The Chairman said that, in connection with the land for the new Junior High School, it is desirable to obtain proper exit from that land to Hancock Street. There us a right-of-way which the Town owns which provides an exit onto Burli.ngton.Street. The exit onto ington Street is not considered by the Planning/o he Selectmen to be a safe exit point for vehicular traffic coming out of the Junior High. He said that the Selectmen are therefore pro- posing to take a lot of land between the house' now occupied by Ives and land of Millican on Hancock' Street. kajO This will provide a better exit for vehicular traffic, The amount of money involved the Board be- lieves is available within the appropriation already made for land for the Junior High School. He explained that no money is being requested under this article. Article 10. The Chairman said this is a School Committee article. • Article 11. The Chairman explained that the vote passed by Town Meeting provided that the• Town would purchase, in addition to the eight voting machines being rented, sixteen more and provided that these were to be paid for on a lend-lease agreement with the manufacturer. He explained that the Board has been advised by Mr. Stevens that this can't be done. The Town cannot enter into a time -payment basis for pur- chasing any articles. He said that there are two choices.` The Board can ask for an appropriation, if it believes that the Town is serious in ordering voting machines, of $37,000 or thereabouts, and the balance must be paid or the machines returned, and to purchase sixteen more. The Board can ask for an appropriati•om to purchase or pay the balance on the eight machines here which would be $11,000. The eight machines can be returned and the Town have no machines. He said that the Selectmen are going to recommend purchasinghe eight the Town already had and sixteen more for ;37,000. The Chairman explained that the arrangement Mr. Carroll had was that the Town would be paying for these over a period of ten years and that can't be done, they have been rented with an option to buy and the option has expired. The eight purchased were 11545 each and rental of $1200 has been paid so the price, if the Town wants those eight, is AL1,' 160. The quotation on the sixteen new ones has gone up to *1616 each. The sixteen will cost 25,856 and that added to the $11,160 makes a total of 37,116. Mr. Richards &ked if only one concern.:manufactured the machines or if the Town could obtain bids. Mr. Madden said he thought there is an exclusive franchise in this area. The Chairman said that the Selectmen recommend borrowing the money for a period of ten years. He said that Mr. Stevens is checking to determine whether or not a small amount may have to be appropriated. Mr. Rowse.sked when the Board would know what it is going to ask for and the Chairman replied that the Committee could consider $37,000 as being the figure asked for. Mr. Rowse said he thought this type of appropriation• should be presented at the Annual Town Meeting. 1 Mr. Reed explained that Town Meeting voted for the machines. Mr. Maloney said that Town Meeting voted to pur- chase them on a deferred payment plan and Town Counsel pointed out this is a better and a cheaper way. The Chairman said that money can be borrowed cheaper than the manufacturer's interest and they cannot be acquired by the arrangement set up by Mr. Carroll. Mr. Madden recalled that the Appropriation Com- mittee voted unfavorable action on the Appropriation. Mrs. Morey suggested paying for the eight machines and then renting sixteen more. The Chairman said that was a possibility but he did'_not knowif the manufacturer had agreed. Mr. Maloney said that bhly the method of paying for the machines has been changed. Mr. Rowse was in favor of purchasing the eight machines, but was not in favor of borrowing. Mr. Reed asked about Mrs. Morey's suggestion and Mr. Rowse said that the Town would then be in the same position that it is now. Article 12. The Chairman read a breakdown of X14100 being requested by the Additional Town Office Building Committee. Article 13. The Chairman said this article would be presented by the Planning Board. This is a parcel Of land near the corner of North Street and Burlington Street. It is an old sand pit with a lot of water in it commonly used for swimming. The Town has an option on the 10.9 acres of land to purchase it for $5,000 as a recreation area. He said that the Planning Board feels this can be made into a fine recreation area with some filling. The water coming from the springs is good°water and can be used for swimming or fishing. He pointed out that if this property is owned by the Town it can be better controlled. The Appropriation Committee retired at 9:25 P.M. The Chairman read a letter from Patriots Forest Civic Association requesting that signs be posted indicating dangerous curves on Wood Street. The Chairman was authorized to advise the Asso- ciation that the Board is taking the request under advisement. Signs The Chairman read a letter from Edward C. Monahan, Town Manager of Arlington, relative to a complaint Damaged filed with him by Mrs. Collins, 39 Fottler Avenue, rip -rap Lexington about the condition of the brook in Arlington 592 at the easterly end of Brandon Street. The Board of Selectmen of Arlington requested Lexington to repair the rip -rap damaged by the installation of a storm drain. Mr. Gayer reported that Mrs. Collins at one time called him and he went down. She insisted that the bank of the brook had settled between her house and the brook.. He said that there was no evidence of settlement. She then talked about the bottom of the brook and was told that there was no damage. She then asked for a fence between her property and the brook and he advised her that no such expenditure could be made. He said he checked on the rip -rap and it has been damaged. There are four or five stones which were pushed up when the line was put through and he will have them replaced. The Chairman was .authorized to advise Mr. Monahan that the Lexington Public Works Department will repair.the damaged rip -rap caused by the in- stallation of a storm drain. The Chairman read a letter from Mrs. Marie A. W. Zubowitch, 86 Oak Street, requesting removal of a tree from in front of her property. Ie claimed 'Tree that the roots are breaking up the foundation, steps Removal and walk and also creating a hazard. Mr. Gayer said he was called on this and thetree in question is a beautiful one, which may have caused.. some damage, but he told the people there was no reasdn to have it removed and if,they wanted to carry it fur- ther to write the Board. Before taking any action, the Board will'view the area. 1421 1 .The Chairman read a letter from Mrs. Muriel E. .Request York, 231 Bedford Street, requesting the Town to mark for the Manor area off by crosswalks. crosswalks There was some question relative to establishing crosswalks on private property. Mr. Tucker said that the Board agreed with the suggestion in princ %le and said he thought it should be left for Mr. Gayer to work out some suitable loca- tion in an effort to provide further protection for the children going to and from the Parker School. Letter was received from Edwin B. Worthen, Jr. Painting in which he protested the color of the Central Fire T. 0. Station and Cary Memorial Building. He urged the Buildings Board to repaint in white to match what he hoped would be an appropriate selection for the new Town Office Building. The Chairman suggested advising Mr. Worthen that 593 decision was made some time ago insofar as Cary Memorial Building is concerned. Letter was received from Superintendent John Blackhall Smith advising that residents of Woburn Street had contacted members of the School Committee Woburn in support of improved protection at the crossing on Street Woburn Street. crossing The School Committee is in favor of any device or arrangement that will give greater protection to the children of Lexington. Mr. Gayer referred to Miss Blanche Richards! request for an increase in salary. The Chairman reported that he has reviewed the Personnel Committee's description of her duties and Mr. Gayer says that the description prepared at Salary that time is substantially the same as the work she adjustment is now doing. The recommendation of the Committee at that time was that this individual should be in category 2. However, she is in the lowest step in that class and•lt appears, -to him at least, in view of the increased load which is greater than it was three years ago when this was made up, that an increase into the next step which is $2.30 per week making her salary $48.50, is justified in this instance. Mr. Stevens returned to the meeting at 10:00 P.M. The Chairman explained that Miss Richards has been in this position for a year and a half. Mr. Reed askedebout an explanation to the other employees. Mr. Tucker asked what Mr. Gayer recommended. -Mr. Gayer said he recommends that Miss Richards be considered for the one-step increase. The Chairman asked if funds were available and Mr. Gayer replied in the affirmative. Mr. Reed said if the head of the Department recommends, he would go along, but he hoped this would not be establishing a precedent. It appeared that the Board was unanimously in favor of the increase recommended by Mr. Gayer. The Chairman explained that Mr. Gayer has prepared a drawing showing the course of the proposed sidewalk on Massachusetts Avenue in relation to the property Sidewalk lines and in relation to the trees. He presented the drawing which was studied by the Board. The Chairman said that the people were also object- ing to paying betterments since the sidewalk was not for their use but for people on abutting streeta.. 594 The Chairman asked about the width of the sidewalk and Mr. Gayer said it is five feet. Mr. Reed asked if it is all on Town property and Mr. Geyer replied in the affirmative. The Chairman said that the Board suggested, and the group present at the meeting agreed, that they sub- mit another letter telling the Board that they would be willing to give the Town enough land to .provide for changing the proposed location in an effort to save the trees. Mr. Stevens said that he did not know of any provision for putting sidewalks outside the street. Mr. Maloney asked about the people giving the land and Mr. Stevens replied that then it will be like the Rowland Avenue situation. He said perhaps the County would relocate the street. The Chairman said he thought before the Board did anything it should wait for the action the people agreed to take. Mr. Reed pointed out that the Board has signed a contract and the contractor wants to go along, The Chairman said if Mr. Sussman calls Mr. Gayer again he should be advised that the Board is still waiting for the agreement from them before doing anything further. The Chairman said the betterments was the next question. They believe that since this sidewalk.is being put in primarily for the benefit of school children, only a minority of which live in the abutting property, they should not be required to pay the betterment. Mr. Stevens asked if this was true on other. sidewalks. He said it appeared to him to be policy. The Bbard'is not required to assess betterments either by Statute or By-law. The Chairman said if the Board makes an exception on this case, it will be establishing a precedent and will have to change its policy. Mr. Stevens said that some of the sidewalks are put in becuase people want them and others are put in because public travel needs protection. He said a street does improve the property, whether a side- walk did or not he does not know. The Chairman said his position is to continue to assess. Mr. Tucker asked.what action was to be taken relative to the location of the sidewalk and the Chairman replied that the Board must insist that the people send in a letter agreeing to give the land. Mr. -Reed said that if the Board asks them to give the land, it will not be possible to build the side- walk this year. 1 Mrs. Morey said that it should be explained to Mr. Sussman that all the people will have to agree to give land for the sidewalk. Mr. Reed said he is willing to change the location where a minimum amount of change is needed so that it will not be noticeable. Otherwise, he is in favor of taking the trees down. He said he would like to go up and look at the trees. The Chairman said that when any member of the Board looks at the trees on Massachusetts Avenue he should also look at those on Lincoln Street because the same situation exists, and there have been a. number of calls in regard to the trees there. The Chairman read a letter from Mr. Alfred P. Tropeano stating that Fred Fletcher, 7L. Burlington Street, has consulted him regarding the proposed sewer and drainage easement across a portion of his lot on Burlington Street. Mr. Tropeano stated that he would be glad to discuss any phases of this matter with the Board. Mr. Gayer said he thought Mr. Stevens would re- call this situation. The Chairman explained that the last two houses en Boulder Road can't be serviced because of the terrain. • Mr. Stevens suggested that someone talk to Mr. Tropeano.and find out what they are insisting. He said if the Board wants the easements, it will have to make a taking and then take its chances on damages. The subject of the water ban was brought up and Mr. Tucker said that if the Board feels the ban is still necessary the notice should be in the paper. Mr. Maloney said that the water levls are rather low all around. The Chairman asked Mr. Gayer if the ban is still necessary. Mr. Gayer said that he had no way of knowing what would happen if the ban is lifted. He reported that the pressure dropped five pounds as soon as the restrictions were removed in Arlington. He said he was afraid that if the ban is lifted and people try to restore their lawns trouble might result. He said he was of the opinion that people will start using a substantial amount of water once the ban is off. Mrs. Morey said she thought it was the intention, when the notice was kept out of the paper, that there was moderation. 595 Easements Water 596 Mr. Gayer said -he thought that the ban should be either on or off. The Chairman said he would like to modify the ban by permitting people to use water every day but between the same hours. He said he did not think that amount of additional water would cause trouble. Mr. Tucker suggested inserting a notice in the paper advising that the water ban has been modified, explaining that it is' on a trial basis and if the water situation is not seriously affected, let it continue. Mr. Gayer retired at 11:00 P.M. The Chairman read a letter from Westlex Corpora- tion with reference to the type of business that can be conducted on land now owned by the corporation and: located off Westview Street. Zoning The Chairman said that he felt Town Counsel should interpret whether the firm of Avery & Saul, who desire::to purchase the property, qualify under the zoning. If they do, there is no way to prevent them from coming to Lexington. The Chairman was authorized to advise Westlex that the subject has been referred to Town Counsel for his interpretation as to whether or not the prospective purchaser qualifies. The Chairman read a letter from the Board of Fire Commissioners asking whether an overall program has been set up for inoculating Town employees against Innculatins Asiatic Flu. Letter was received from the Board of Health ad- vising that an order for vaccine will be placed this week and it is the intention of the Department to give free inoculations to Town employees on a voluntary basis, The Chairman was authorized to send a copy of the letter to the Board of Fire Commissioners., The Chairman read a letter from David W. Walsh, 9 Alpine Street, offering $200 for tax title lots 223-226 Colonial Avenue; #500 for tax title lots 263-265 Wood Street and 0400 for tax title lots 230 - Tax title 234 Alpine Street. The Board had previously advised Mr. Walsh that the Board did not want to sell lots on Colonial Avenue or Alpine Street. Upon motion duly made and seconded it was voted that a proposal to sell the lots on Wood Street be advertised in the Lexington Minute -man and that further consideration be given the offer at the next meeting of the Board. trl 1 Proposed proclamation for "Emergencies Don't Wait Week" was noted and placed on file. Upon motion duly made and seconded it was voted to sign layout of Eldred Street from the southwesterly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less. Upon motion duly made and seconded, it was voted to sign layout for relocation and alteration of Rowland Avenue from Massachusetts Avenue southwesterly approxi- mately 100 feet. It was agreed to meet on Monday evening, September 16th at 7:00 P.M. inasg�,ch as t e Spcial Town Meeting will be held that nigh ' X i The meeting adjourned at 11:15 P.M. A true record, Attest: -g xecdtive,Pierk, Select 597 Layout Relocation 598 VOID CJ 1 -SELECTMEN'S MEETING September 12, 1957 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday evening, September 12, 1957 at 7:00 P.M. Chairman James, Messrs. Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Messrs. Roland Greeley, William Madden, Thomas Grindle, Donald Clark, and Robert Kent attended the meeting. The Chairman explained that Town Counsel would also be present, but a little late. He said the meeting con- cerned Article 9 in the Warrant which is an article to authorize the Selectmen to acquire a certain parcel of land on Hancock Street, mainly the Gray property, to provide a second means of vehicular access to the Junior High School site. He said that the Town does have a right-of-way a couple of hundred yards from that spot on Burlington Street, but it is not considered desirable to fuse that as.a vehicular access point because of the narrowness of Burlington Street. He said he thought this was all set until a couple of days ago he talked to Austin Fisher and he indicated that he was not at all sure the Standing School Building Committee wanted this piece of property included because it would then require additional expen- diture on the part of this Committee to build a roadway from Hancock Street into the Junior High School. 'He also told the Chairman that he was not at all sure that the School Committee or the Superintendent of Schools was in favor of this, and since confusion seemed to be existing, he, the Chairman, decided to call this meeting of everyone concerned to come to an agreement going to Town Meeting. He said he would like to hear first from Mr. Kent. Mr. Kent said that his Committee has not met since the Chairman talked to Mr. Fisher. Be said that he and Mr. Fisher spent some time and he thought he succeeded in getting information. He stated that, after talking to Mr. Stevens, it was his understanding that this article only involves authority of taking. .He saidthat the Committee hopes to pin down the location of the building on.,the site a week from tonight, and it will probably be.closer to the Adams Street end of the site than the Burlington Street end. He said that it may be 1200 feet from the Building to Burlington Street. He said this puts the Committee in the road building business if it constructs a vehicular access, and it will also be expensive. He explained that the Committee will meet next Thursday with the architect and Mr. Gayer to get some informa- tion in regard to the road. He said he thought it was safe to say it is possible, maybe likely, that the Com- mittee will find it advisable to put a vehicular en- trance to Hancock or Burlington Street. He explained that he was speaking as an individual and that the Committee may conclude that a foot path is desirable because of the expense involved, but because of the number of students coming from the Manor, and the distance, he guessed that the Committee would want a vehicular access. He said the authority to make the taking seems desirable and the Committee should be in a position to take a definite stand within two weeks. Mr. Clarke said that last Monday night the School Committee talked about the various articles in the warrant and there was lack of knowledge about the piece and where it was and the reason for it. They tried to contact Mr. Greeley, but without success. At that time the Committee seemed to arrive at the decision that this was a matter for the Standing School Building Committee. The School Committee said that it would not take a stand that night saying that this is necessary or not necessary and wanted to find out more about it. He said that Mrs. Marek called him this evening and asked him to attend the meeting. She recalled an earlier conversation in relation to an easement going on out there that there had been talk about acquiring this at some time, and that is the way the Committee now stands. He said he was present this evening to find out more"rather than sgy the School Committee feels it is necessary at *1.00 or $15,000 or X number of dollars. It would rather say this is something it would bow to the Building Committee. Mr. Greeley said that the Sites Committee throughout has proceeded �n the premises that a reasonable vehicular access to the site would be needed both from Hancock and Adams Streets. The location of the school building may be an irrevelant factor. The location of the . building will be more than 1200 feet in from Adams Street. If the school building is on the Adams Street side of the site there will be an athletic field development that might be better accessible from Hancock -Burlington Street. The Committee also felt that this should not be a through street and the mis- take made on the Hastings School should not be repeated. 1 He said if there is no access from the Hancock-Burlington area, there will be a number of people making the turn through Coolidge Avenue down Adams Street, etc. He said that circulation is very unsatisfactory and he thought it was important to have vehicular access. He said son king would have to be done about Burlington Street. The right of way is only forty feet wide which is not enough for sidewalks and a good roadway. He said that going onto Burlington Street is putting cars onto a street that is not adequate and he felt the acquisition of this parcel is important. He said the intersection of Hancock, North Hancock and Burlington Street is much better than the right of way the Town now owns going over Burlington Street. Mr. Grindle said that the Planning Board knew nothing about this until today and personally he thought it would be necessary to have two streets. Mr. Greeley said that the Planning Board member of the Sites Committee has been strongly in favor. ' Mr. Jaquith said his personal feeling is that it would be a mistake to put in a vehicular load in that forty foot strip, particularly as far as winter is concerned. He explained that two or three years ago the Planning•Board reviewed the area about the first time the plans for the development of the Lidberg pro- perty came in and it had in mind an easement there. He said the Planning Board•felt there were problems in trying to get a road through the easement because the Gray house is close to the road and Hancock Street coming into the junction goes at an angle. He said this would have a road at an angle and a road from the High School site. If there is a load of traffic out and a load in there, the intersection might have to be widened. Mr. Stevens arrived at the meeting at 7:25 P.M. Mr. Greeley pointed out that this is not a high- way, but is definitely a school way. Mr. Stevens presented a plan and indicated the easement. He said until the exact point is located, it can't be decided whether more of this land or more of that land is needed and the only parcel which might cost the Town some cash is Lot D which has been appraised for him for $4,000. Mr. Jaquith said another factor is that the Town will be building on high land. Mr. Kent said he thought it is inevitable that they have to have a driveway. Mr. Greeley explained that the Committee had intended to have this included in the original Art- icle last Spring, and it was just a slip or technical- ity. Mr. Madden said that on the basis of what the Chairman had bo say the other night, the Appropriation Committee voted to recommend favorable action. Mr. Maloney said the Board thought it was in the plans in the beginning. The Chairman asked if it could be summed up that it is the sense of this group that everyone is in favor of getting authority from Town Meeting to acquire this land. Mr. Greeley said he thought it was his burden and he would present the Article if the Board would like to have him. The Chairman said he thought it would be highly desirable. Mr. Kent said he was in favor of the authorization. Mrs. Morey said that the original appropriation was $65,000 of which $50,000 has been spent leaving a balance of $15,000. Mr. Tucker said that most of the discussion is concerned with the narrowness of Burlington Street. He lives near that part of Adams Street and there is a traffic problem there. Adams Street is narrow and there is a hill there and if more traffic is put on that street there will be more of a problem., Mr. Greeley said that Adams Street has something that passes for sidewalks and Burlington Street does not even have room for sidewalks. Mr. Greeley asked if it would be appropriate to mention the appraisal if there is discussion. Mr. Stevens replied in the affirmative and said he would be willing to tell anyone. He said an appraisal has been made by a real estate expert and it is a matter of record. The meeting adjourned at 7:40 P.M. A true record, Attest: Executiv Oler 1 SELECTMEN'S MEETING September 16, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 16, 1957 at 7:00 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Guy Company for permission to locate two anchor guys and and pole two poles on Morgan Road, a private way running from location Jean Road. Mr. Gayer reported that the proposed locations are on a private way and the owners have signed. The Chairman explained that the petition is for two anchor guys and tqo poles, one of which is on Morgan Road,a private wa and the other one on a proposed private way/'} igh the Town of Lexington is an abutter and that is the reason for the petition. He said the Board had to approve as a property owner. Mr. Gayer said that this installation may be helpful when the new transmitter is put up on the water tower. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant permission requested for the location of two anchor guys and two poles on Morgan Road. The Chairman read a letter from William A. Oliver, 106 School Street, requesting removal of a tree from in front of his property. Letter was received from Mr. Gayer advising that he had Mr. Mazerall check the tree and received a report that it should be trimmed and the dead wood removed, but he did not recommend removal. The Chairman said he felt the Board should go along with Mr. Mazerall's recommendation and report back to Mr. Oliver. The members of the Board agreed. Mrs. Zubowitch's request for removal of a tree at 86 Oak Street was held over from the last meeting of the Board. Mrs. Morey reported that the tree does occupy about half the width of the sidewalk and there are Tree Tree Dump a couple of cracks that should be repaired with cold patch. Mr. Gayer said if the Board wanted to have the tree taken down he would do so, but he did not recom- mend removing it. The Chairman asked if it presented a problem plowing snow and Mr. Gayer replied in the negative. The Chairman said that if there are irregularities in the sidewalk that need patching that could be done and the request for removing the tree denied. The Board agreed. The Chairman read a letter from the Board of Fire Commissioners, together with five recommendations in regard to the dump which they felt would help the Fire Department and also save the Town money and con- serve water. Letter was also received from Mr. Gayer commenting on each of the suggestions. The Chairman asked when the hydrant is to•be in- stalled at the dump and Mr. Gayer replied that he would have it installed as soon as possible, but pre- ferred not to state any definite time. He said that there are other things to be done which he feels are of more impobtanee. Mr. Maloney pointed out that when the water main is put in, many of the fires can be extinguished with out calling the Fire Department. Mr. Tucker reported that yesterday afternoon there was a load of garbage at the dump which had attracted many flies. He asked if it would accomplish anything to have two or three signs, of the type that can be moved, placed near the dumping area, relative to dumping garbage with a brief statement that it is prohibited for health reasons and punishable by a fine. Mr. Gayer said he thought it was a good suggestion. He said the other approach is to have someone from the Health Department take an officer to the dump and spend some time there, but they just don't have time. Mr. Tucker asked if there was a spray that would reduce the fly menace. Mr. Gayer agreed to check and find out whether or not something can be done. The Chairman read a letter from the Town Meeting Members Association stating that it is the desire of the Association to have department heads attend Town Meetings and be prepared to answer c,uestions, having in mind particularly the Planning Director, Director of Public Works and Town Accountant. The letter also 1 asked the Board's immediate attention for the Special Town Meeting this evening. The Chairman said he thought it was a little late for this evening. Mrs. Morey said that the presence of the Depart- ment heads would be more -helpful at the precinct meet- ings and there -would not be the formality that there is at a Town Meeting. She said a Town Meeting hardly seems the place for the Department heads. Mr. Tucker pointed out that a precinct meeting has no official standing. Mr. Reed said that it does not have an official standing, but the Association feels that it wants the meetings. Mr. Maloney said the precinct meetings are where subjects important to the members are dis- cussed and he thought that would be the time to discuss matters with the Department heads. -Mr. Reed said that the Board has had Department heads present when there was some -subject the Board wanted him to explain. He said to have them present at Town Meeting would, to him at least, be putting the employees in an undesirable position. He said the -Board of Selectmen is the Board of Public Works and -should be answering the questions. The Chairman suggested, and the Board agreed, to advise the Association -that the Board would 'like to have this arrangement instituted at precinct meet- ings; it being the opinion of the Board that more in- formation and help would be derived from the Department heads attending Precinct Meetings where there would not be the formality of a Town Meeting. Application for Certificate of Incorporation was received on behalf of Thomas J. Wilson, 73 Meriam Street, and others not residents of Lexington, to be known as Blue Knights Officers Association, Inc. Satisfactory character reference was received from Chief Rycroft. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign the application and return it to Edward J. Conin, Secretary of State. Letter was received from Chief Jelan-Wi Rycroft requesting the appointment of Lieutenant Corr as. Acting Chief during his ,annual vacation beginning Acting 22nd. Upon motion of Mr. Maloney, seconded by Mr. Reed, Chief it was voted to appoint Lieutenant James F. Corr as Acting Chief of Police during the period of time 7 Town Me et3ne Cert, of Inc. 8 Chief Rycroft is on his annual vacation, starting September 22nd. List was received from Freedom, Inc., 110 Tremont Street, Boston, of the names and addresses Good on Good Citizenship awards. Mr. Robert Custance, Citizen- 88 Hancock Street was named for Lexington. ship award Letter was,received from James J. Carroll, Town Clerk, together with copy of Traffic Control Signal Traffic Permit No. 1781 - Massachusetts.Avenue at Adams Signal School. The Board gave further consideration to Mr. David W. Walsh's offer of $500 for tax title lots 263-265 inclusive on Wood Street. A proposal to sell these lots Tax title was advertised in the September 12, 1957 issue of the Lexington Minute -man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Maloney, seconded by Mr..Tucker, it was voted to sell and convey tax title lots 263-265 inclusive tin Wood Street to David W. Walsh. Application was received from Ray Feeley, d.b.a. Lexington Theatre for renewal of his Theatre License. License Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the License. Form letter was received from the United States Day Committee, Inc., together with proposed pro - U. S. Day clamation for observance, October 23rd. No action was taken by the Board. Mrs. Morey suggested that Mr. Adams might be able to use the material in the Minute -man. Mr. Stevens arrived at the meeting at 7:35 P.M. The Chairman reported that Mr. Tucker received a Sidewalk letter from Mr. Sussman, in regard to the proposed sidewalk on Massachusetts Avenue, with a statement signed by property owners indicating their willingness to make such arrangements as reasonable and necessary in order that the sidewalk shall not cause the 'removal or destruction of trees. Mr. Gayer reported that Mr. Sussman had called him and asked if he would be willing to meet with him. Mr. Gayer told him he would, but he heard nothing further. He said he thought the Board should decide to put in the sidewalks. He said Town Counsel has indicated that the Town cannot go back on their property and he thought there is only one solution. 1 Mrs. Morey asked if he meant to proceed as planned and Mr. Gayer replied in the affirmative. He said the Town is trying to do a good job with the least amount of damage. Mr. Reed asked if Mr. Gayer was referring to the original plan or the one with changes. Mr. Gayer said he meant the plan presented to the Board the other evening. Mr. Reed said he thought the group should be in- vited to meet with the Board at which time 4r. Gayer could explain what he has prepared, and the Board agreed. The Chairman read a letter from Mr. Stevens rela- tive to the type of business that can be conducted on land owned by Westiex Corporation and located off West- view Street. It was Mr. Stevens' opinion that the type of business carried on by the firm of Avery & Saul, prospective purchaser of the property, would not qualify under the term "light Manufacturing" as used in our Zoning ByieLaw; The Chairman said he would send a copy of Mr. Stevens' letter to Westiex Corporation. The meeting adjourned at 7:45 P.M. A true record, Attest: xechtive Zoning 10 BID OPENING September 23, 1957 Bids for sewer work, Town of Lexington, Contract No. 7 were received at the Selectmen's Office on Mon- day, September 23, 1957 at 5:00 P.M. Mr. Howard, rep - senting Whitman & Howard, Messrs. Kraynick and Gayer were present. The Executive Clerk to the Board of Selectmen was also present. The bids were opened and read by Mr. Howard as follows: Bidder Ricci & DeSantis Construction J. W. Construction Co. N. Cibotti & Sons (Letter taking exception suggested time.) Joseph Lazaro Corp. Crognale Construction Co. Pitt Construction Co. Richard White Sons C. DiMartino & Sons Susi & DeSantis Co. Proposal $94,585.00 83,370.00 to the time 138,325.00 107,485.00 173,637.50 79,243.35 105,225.00 94,150.00 The meeting adjourned at 5:25 P.M. A true record, Attest: Alternate Check *93:;675.00 162,180.00 81,795.00 without any 115,775.00 107,955.00 93,937.50 77,443.35 102,525.00 91,900.00 $2,000 2,000 2,000 Executive Clerk, Selectmen 2,000 2,000 2,000 2,000 2,000 2,000 1 1 11 SELECTMENt'S MEETING September 23, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 23, 1957 at 7:30 P.M. Chair- man James, Messrs. Reed and Maloney and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Bertram P. Gustin, Chairman of the Town Celebrations Committee and a Mr. Crawford met with the Board. Mr. Gustin said that he brought forth a request from the Celebrations Committee, which he thought came from the Council of Churches, as to whether the Celebrations Committee should have charge of the Thanks- giving service. The Board asked him to investigate the Catholic and Jewish groups to see if they would participate. He said that they have advised that they would be happyto participate in any way. The Chairman asked how the Council of Churches felt about bringing in all the groups and Mr. Crawford replied that is the desire of the Council. The Chairman asked if it would be the thought of the Council that this should be a function arranged, sponsored and executed by the Celebrations Committee. Mr. Crawford replied that in order to have every- Thanks - one participate it would have to be that way. giving The Chairman asked if the Town Celebrations services Committee would be willing to undertake this and Mr. Gustin replied that the Committee would be happy to enlarge its scope. He said he would rather use the term coordinate than the term sponsor. He stated that the Committee could bring the groups in and act as Moderator so to speak. Mrs. Morey asked if the services would be held in Cary Hall and Mr. Gustin replied that is something that would develop. Mr. Crawford said it would have to be in Cary Hall to make it on common ground. Mr. Gustin said if it is successful and properly done, Cary Hall would not be large enough. Mrs. Morey asked if the services would be on Thanks- giving day and Mr. Gustin replied that it has been on a weekday night. Mr. Crawford said he thought it was on Sunday the last time. 12 Mr. Gustin said that would be something to be developed, and not a question that can be answered unless the Board directs. Mr. Maloney pointed out that Thanksgiving morning is usually taken up with the football game. Mr. James said that he believed the services. were held on Sunday and one reason was because there is so much preparation that it took all day Saturday and it is difficult to make preparations during the week. He said he thought, as far as the Board is con- cerned, it did not make much difference and whatever suits the groups will be best. Upon motion of Mrs. Morey, seconded by Mr. Reed, it was voted to authorize the Town Celebrations Committee to arrange, coordinate and execute appropriate services for the observance of Thanksgiving Day, 1957. Messrs. Gustin and Crawford retired at 7:35'P.M. Hearing was declared open upon the application of the Public Works Department for permission to maintain one underground tank for the storage of 4,000 gallons Gasoline of fuel oil at 201 Bedford Street. hearing Notice of the hearing was inserted in the September 12, 1957 issue of the Lexington Minute -man and abutters notified. The application was approved on September 6, 1957 by B. J. Belcastro, Deputy Chief of the Fire Department. No persons appeared in opposition. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to approve the application and grant a license to the Lexington Department of Public'Works to maintain one undermund tank for the storage of 4,000 gallons of fuel oil on the premises located at 201 Bedford`Street. Mr. Stevens, Town Counsel, arrived at the meeting at 7:38 P.M. The Chairman read a letter from Mr. Stevens in re acquisition of land for the new Junior High School. Land for He recommended that Mr. Gayer prepare a plan showing Junior the land owned by Gray, together with the 'portions of High the Ives and Millican parcels. He again suggested School that the terminus of the proposed or possible driveway into the school at or near the intersection of Hancock and Burlington Streets be fixed and the road then projected into the main parcel. It is Mr. Stedens' thought that as soon as the plan has been prepared and approved by the Board and by the School Building Committee that Mr. Ives and Mr. Millican be nditified what the town proposes to take and then have the Board 1 13 adopt an order taking those two portions together with the Gray parcel. The Chairman read a letter from the Outdoor Advertising Authority stating that a public hearing will be held on application .#40580, John Donnelly & Outdoor Sons for sign at 93-97 Massachusetts Avenue, in Room Advertising 355, 80 Boylston Street, Boston, on Friday, September Authority 27th at 10:00 A.M. hearing Mr. Stevens said that he would attend the hearing and register the Town as being in opposition. He said he would like to have Mr. Maloney and Mr. Ferguson attend. At 8:20 P.M. Mr. R. F. Boudreau met with the Board relative to a sewer betterment assessment in the amount of $389.33 levied against lot 4, Lowell Street. Mr. Boudreau explained that he owns a couple of lots on Lowell Street and is building a house on one of them. He purchased two lots intending to build a house on one for himself and the other had a brook going through the middle of it. Now there is a sewer in there. He said he planned to put a septic tank in front. He asked if he could hold up payment of the Sewer betterment on Lot 4. He said he thought he could get Betterment a house on it eventually the way the brook in the Assessment rear has been piped in. He explained that he origin(- ally rigin-ally purchased the lot because he was able to acquire it at a low price. He would like to defer pay- ment of the betterment until the lot is built upon or someone buys it. Mr. Gayer presented a sketch showing the lot in question and the brook. • Mr. Boudreau said he purchased the lot for 41,000 knowing the brook was going through it and noW that the brook is enclosed it can perhaps be built upon. Mr. Reed pointed out that it was not a buildable lot until the sewer was installed. Mr. Boudreau said when he purchased the lot he did not intend to do anything with it. Mr. Reed said that it is now a buildable lot and Mr. Boudreau wants the betterment deferred. Mr. Boudreau said he wanted it deferred until some- one purchases the lot or it is built upon. The Chairman said that the Board would discuss it and see what can be done and let him know. Mr. Boudreau retired at 8:28 P.M. Mr. Stevens explained that the Chapter under which deferments are granted was not meant to apply to single house lots. 14 Woburn Street crossing It was agreed to explain to Mr. Boudreau that if the betterment is deferred, the entire amount will become due and when the lot is sold, built upon or at the expiration of three years and the extension of time will terminate immediately if the facilities of the sewer main are used for the lot. Mr. and Mrs. John Levis and Mr. Cornelius Cronin met with the Board re the Boston & Maine Railroad - Woburn Street crossing. The Chairman said that Mr. Gayer had talked to the railroad representatives concerning the plan sub- mitted and asked him to explain it. Mr. Gayer showed the plan to the group and explained *hat is to come out indicated in red and what is to be installed indicated in yellow. He said he asked the railroad representatives what happens when there is a power failure and they said they have a system with batteries that are tested periodically and the signals can be operated by battery for a certain number of hours. The Chairman asked how many units would have bells and Mr. Gayer replied that he did not know. Mrs. Levis said that Mr. Hill, representing the railroad, told her there would be two bells. Mr. Cronin said that, according to the plan, it looks as if there will be five posts when actually they could have had only three. Mr. Gayer said that the existing building and gates will be taken away. He reported that the rail- road representatives said the only place the company installs automatic gates is where there is more than one track..They are not installed for a single track. Mr. Levis said he was interested in Hayes Lane. The Chairman explained that the Board, inasmuch as it will be xpresented at the D.P.U. hearing, wants to know that the people in the neighborhood are satis- fied with the proposed installation. Mr. Levis said that he could not speak for all the people who signed the petition, but he would prefer the automatic es and will remain on record as preferring them but/theft on it is out of the people's hands. The Chairman said that the Board must represent the people of Lexington at this hearing. Mrs. Levis asked how the Board felt and the Chair- man replied that no decision has been made. He explained that the Board wanted to be sure it had the opinions of those most concerned. Mrs. Levis said that one of the women said 'she would like to see the gates, but if it is a question of the lights and gates, she would prefer the gates. A woman on Vine Street and one on Manley CourtY"oaould 1 rather have the present gates than the automatic lights. The Chairman asked if they had seen the, plan and Mrs. Levis replied in the negative. She said several people on Hayes Lane have seen this plan. The Chairman asked if those people who had seen this plan feel it is better than the manual gates and Mrs. Levis replied in the affirmative. Mr. Cronin asked if the plan had been approved by the Department of Public Utilities and 4Ir. Stevens ex- plained that is the purpose of the hearing, to request permission to do this. Mr. Cronin asked if gates were not installed un- less there is traffic on a two-lane track. Mr. Gayer replied that he was told that they never install gates unless there are two or more main tracks. Mr. Stevens explained the reason they use auto- matic gates is to put a physical barrier so a person won't be mislead by the fact that a train went by when there might be another train coming. On a small amount of traffic with only a single line, they don't think it is necessary. The group retired at 8:50 P.M. The Chairman said his personal feeling is that he is in favor of the proposed installation. Mr. Reed said he was in favor. Mr. Stevens said a check should be made to see if the installation is to be as it is shown on the plan. If it is the same, then he can say that the Board of Selectmen is not opposed to the proposed in- stallation, but some of the people are in favor of automatic gates. The Chairman asked Mr. Gayer to attend the hear- ing and to assure himself that the plan proposed at the hearing is the same as the one the Board had this evening. Mr. Stevens retired at 9:00 P.M. The Chairman read a letter from the County Com- missioners advising that a meeting will be held on Wednesday, September 25th at 10:00 A.M. for discussion of matters pertaining to public roads for 1958. Mr. Gayer recommended continuation of the widen- ing of Concord Avenue possibly to Waltham Street. The Chairman mentioned including Burlington Street and Mr. Gayer said that at one time he had asked if the Board wanted to initiate the layout of Burlington Street but it was the opinion of Mr. Stevens, and the Board, that the initiation should come from the property owners because of the takings. 15 Chapter 90 16 The Chairman explained that he was referring to the part between Hancock Street and Preston Road to Simonds Road. Mr. Gayer said he was guessing that Concord Avenue will cost $60,000 and'$65,000 and he felt an effort should be made to get it done. It was agreed tocarry along Concord Avenue. The Chairman read a letter from Fay Kenny asking the Town to replace a garbage container that the collector threw away. Complaint Mr. Gayer explained that he has not had an opportunity to check into this complaint but Cliffe, one of the better collectors, reported to Miss Kenny that the pail was full of holes and he asked her. several times to get another container. She did not comply so he tossed the container with the holes 1m the truck. Mr. Gayer said he would talk directly to the collector and obtain a statement from him. The Chairman said that, regardless of the con- dition of the container, he did not think the collector should have taken it. He asked Mr. Gayer to find' out more about the incident and report to the Board. The Chairman read a letter from Maurice White, 770 Waltham Street complaining about a leak in his water meter which he claims has been leaking for about a year. He stated that he has reported the leak Complaint several times but has had no success in getting it re water fixed. leak Mr. Gayer reported that last November he re- ceived a letter from Mr. White and he personally went to the house. Mrs. White gave him permission to go into the basement but he could not find a . leak. He explained that he has issued four or five work orders but each time the men have gone down, they have not found any leak. Mr. Moloy went down today and found soma moisture on the meter and tightened the packing nut gland on it hoping it would take care of the situation. The Chairman read a letter from Edward V. Jones, M.D., 32 Locust Avenue, requesting installation of a Sidewalk sidewalk in front of his property. Mr. Gayer reported that an estimate of the cost was mailed to Dr. Jones today for his signature. Street for Petition was received from Robert J. Conley, 1958 Budget 7 Theresa Avenue, et al, requesting acceptance of the avenue from Cliffe Avenue to Bow Street. taie 1 This is an. item to be considered in the 1958 budget. The Chairman read a letter from E. R. Stock - dale, 6 School Street requesting reimbursement of $35.00 which he paid Mr. Paul Mazerall for removing a tree. He stated his neighbor had a tree removed by the Town free of charge. Letter was received from Mr. Gayer explaining that the tree Mr. Mazerall took down was an elm tree but had been dead so long it could no longer help spread the Dutch Elm Disease. Mr. Mszerall told him that, Mr. Stockdale requested its removal because he was afraid it would blow over onto his garage during a storm. 17 Tree removal The Chairman read a letter from A. Clifford Fletcher stating that when he applied for a building permit for 112 Spring Street he was told that a per- colation test was not necessary because sewer was available. Later when he requested an estimate of the cost for water and sewer he was informed that the sewer is not available. Sewer Mr. Gayer presented a sketch and explained to the 112 Spring Board the location of the house and sewer and said Street that there is fourteen feet of ledge on the other side of the manhole. Letter was received from Mr. Lurvey, Executive Health Officer advising that he had never been ques- tioned or notified by anyone in regard to a percolation test on 112 Spring Street and furthermore he has never had any contact with anyone regarding this lot. Mr. Reed asked if the lot could be serviced by a septic tank and Mr. Gayer said he doubted it. Mr. Reed asked what advantage there would be in extending the sewer and Mr. Gayer replied that he did not know. Mr. Gayer said that in the future all applicants for building permits will be required to inquire at the Engineering Department to determine whether or not sewer and water is available. The Chairman said that Mr. Fleteher's only re- course is to petition for a sewer system under the Betterment Act. He requested Mr. Gayer to ask Mr. Lurvey to check the lot. If it proves impossible to bervice by a septic tank, the Board will advise Mr. Fletcher to petition for a sewer. Letter was received from the Mystic Valley Gas Company requesting permission to locate a 4" steel Gas main high-pressure gas main in Adams Street to supply 18 gas to three new houses under construction. Mr. Gayer recommended that the request be denied until such time as the gas company submits a more definite plan. He explained that the plan accompanying the letter does not show anything and he will write a letter to that effect. No action was taken on the request. Mrs. Morey said that she thought the Board should authorize Mr. Gayer to explain to the School Committee just where the utilities in the Corrigan development are to be located so that the Committee will be in- formed. Mr. Gayer retired at 9:45 P.M. Mr. Gorden Steele met with the Board. Mr. Steele explained that he was present as a School Committeenember. He presented a sketch showing the Senior High School and the new wing. He explained they propose a skating area and a hockey rink to make a skating area available for the child- ren and to make a rink for the hockey team to practice on. He said they hope to get the job done as cheaply as possible. They have talked to several contractors who do this type of work and received all binds of Skating proposals. They finally reduced the number to two rink at companies, one in Concord and one in Lexington and it High so happened that they both came up with the same offer. School He said it is an $8,000 job and whatever is realized for selling the loam will be credited to the Town. They suggested to these people that the Committee was interested in getting the excavation done and have the natural bend there to cost as little es passible. Then a local company and a Concord company came up with the same thing. They will clear • the area, retain the front- age of trees, remove the trees and stumps on am exchange basis. They would have 5,000 cubic yards of peat loam in there for the work of clearing, etc. Mr. Steele reported that the School Committee is in favor of it and has -had somewhat of en opinion from Town Counsel but plan to get a more detailed opinion. The Committee felt it wanted the Selectmen to express an opinion and if they do exchange the fill for the work it will be a good deal for the Town costing nothing. He said the Town is interested in taking some of_.1and can pay $2.00 a cubic yard for it. Mrs. Morey asked if the material to be removed was good loam and Mr. Steele replied that it is peat loam. The Chairman asked what kind of an offer was re - 1 ceived which would include excavating, cleaning up and leaving the loam for the Town. Mr. Steele replied that one man said he should get $8,000 for the job. He would sell the loam. He said that Morrow Construction Company in Concord will do it on an even exchange basis. He said that Chesterbrook Company said the same thing. The Chairman said before he makes up his mind he would like to hear what Town Counsel has to say be- cause there is a by-law about removal of soil from the Town. Mr. Steele said that Town Counsel did give an opinion and said the Committee should offer it to the Town if it can be purchased for a price- no greater than the Town is paying now. The Chairman said he would like to have Mr. Stevens' approval before he makes up his mind. Mr. Steele asked if it was all right to say the Selectmen were in favor if Town Counsel approves. The. Chairman said if Mr. Stevens gives his approval from a legal standpoint, he felt there was nothing wrong. Mr. Maloney said that there should be a contract prepared by Mr. Stevens, and Mr. Steele agreed. The Chairman asked if this would be under the con- trol of the School Committee or the Recreation Committee. Mrs. Morey said she felt it should be directly under the supervision of the School Committee, and Mr. Steele agreed. Mr. Steele retired at 10:00 P.M. Mr. Samuel P. Snow, Planning Director, met with the Board. He reported that he went into the State Depart- ment of Public Works today. A Mr. Patts, member of the Right of Way Division of the Department of Public Works, came to his office with a plan of Route 2 which was in more detail than the one presented at the public hearing. He was disturbed about building permits' being issued in various places and Mr. Snow toldhim that Lexington had no idea where the road was going to be. Mr. Snow said that, in asking questions, he found out that the State has the money to have the plan drawn in detail and filed before the first of January. It will be drawn on a 40' scale, and when it goes on record, that is it. Mr. Snow said he hoped some consideration would be given to the work done in Lexington, and the Planning Board hoped to discuss it with the Selectmen in the near future. Mr. Snow told him what he thought should be done, and asked for a conference today and talked tb Mr. Whitcomb and showed him Lexington's 1.9 Route 2 20 plan. He said as far as the State is concerned the Town's plan is a pipe dream because there are no roads in existence, Mr. Snow said Lexington has been talk- ing about Worthen Road for three or four years and Mr. Snow said he was now satisfied in his own mind that it is justified. Mr. Whitcomb said they would not give Lexington an access for,Wen Road on Route. 2. If Worthen Road goes to Waltham Street, the Town will have an access. There will be a cloverleaf at Waltham Street, makinginterchange and said the shopping center was to be determined and if the Town did not vote it, there was no necessity for having an interchange. They are considering a full cloverleaf at Spring Steet. Mr. Snow said he was talking to Mr. Grindle and he thought the Planning Board should discuss the entire subject with the Selectmen as soon as possible. Mr. Maloney said that the Additional Town Office Building Committee was meeting tomorrow night at eight o'clock and suggested a meeting of the Selectmen and Planning Board at nine o'clock. Mr. Snow retired at 10:15 P.M. Police TheChairmanread a letter from Mr. R. M. Dept. .Coquillette commending the Lexington Police De- partment for performance in recovering his stolen car. It was agreed to send a copy of the letter to the Police Department. Another letter was received from John F. MacNeil Insurance with reference to insurance savings and advantages he has to offer the Town. The Chairman agreed to call Mr. MacNeil. The Chairman read a letter frpm David W. Walsh, 9 Alpine Street with reference to tax title lots Tax title 263-265 which the Board voted to sell and convey to him. Mr. Walsh withdrew his offer due to the attitude of.the Board with respect to lots on Colonial Avenue and Alpine Street. Notice was received from the Department of Public Utilities relative to a hearing to be held on October Hearing 23rd re Boston rates and charges. The Clerk was instructed to pace the item ofi the agenda for some meeting prior to the hearing. Signs Letter was received from Mr. Burr Cullom, Nash- ville, Tennessee, advising that on a recent visit to Lexington he encountered difficulty in signs point- fs a total of four. Mr. Snow asked about the Spring Street 1 2 ing to Concord and felt that the direction markers in Lexington are inadequate. Application was received from the Lexington License Cab Company for an additional public carriage license. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the license, Mrs. Morey reported that the suggestion had been. made that the Board call General Morgam'a office at the Base and put out a call for Scout Troop Leaders. She decided to call Sachem Council and inquire as to what is being done about Scout Leaders. Two years ago they did put out a call. This was a case of an individual Colonel in Town feeling there were boys who would do it and he wanted the Selectmen to put out the call. She said she thought it would be better to have Sachem Council handle it, and the Board agreed. The Chairman reported that he received a quos tionaire from Sherwin Williams re Joseph Belcatro who has applied for a position of manager. The Board authorized the Chairman to complete the questionaire and return it. The Meeting adjourned at 10:10 P.M. A.true record, Attest: Scout Troop Leaders 22 SELECTMEN'S MEETING September 30, 1957 A regular meeting of the. Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 30, 1957 at 7:30 P.M.- Chairman James, Mr. Maloney and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr.'James J. Carroll, Town Clerk, met with the Board for the drawing of five jurors. The following individuals were drawn for jury duty: Herbert Pike, Supervisor, 135 Cedar -Street; Charles G. Esterberg, Jurors foreman, 10 Barrymeade Drive; Clare A. Burke, housewife, 8 Daniels Street; Charles J. Egan, engineer, 11 Coolidge Avenue and Jan Leyenaar, assistant foreman, 30 Moreland Avenue. Mr. Carroll retired. Hearing was declared open upon petition of the Boston Edison Company and- the New England Telephone & Telegraph Company for permission to locate one pole, guy wire and anchor on Ivan Street. Pole Mr. Mayon, representing the Boston Edison Company, location was the only person present at the hearing. He explained that there is an anchor on the last existing pole now. Mr. Erickson is building a home and the company desires to extend the line by one pole and to put on an anchor. Mr. Gayer said that it looked all right on the plan, but he has not had an opportunity to go out and look at the proposed location. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole, guy wire and anchor location: Ivan Street, southwesterly side, approxi- mately 240 feet southeast of Bernard Street. Pole location Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to relocate one j/o pole on Woburn Street, 75 feet west of Utica Street. Mr. Mahon explained that apparently the company is regulating the pole on the street. 1 The Chairman asked if it was a slight relocation and Mr. Mahon replied in the affirmative. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole location: Woburn Street, northerly side approxi- mately 75 feet west of Utica Street. (One existing j/o pole to be removed.) Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate ten poles on Concord Avenue. Mr. Gayer explained that the poles are being moved back because of the street widening being done under Chapter 90. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole locations: Concord Avenue, northeasterly side south- easterly from a point ap- proximately southeast of Pleasant Street, -- Two.poles. (Two existing j/o poles to be removed.) Concord Avenue, northerly side easterly from a point approximately 1090 feet east of Pleasant Street, -- Two poles. (Two existing poles to be re- moved.) Concord Avenue, northerly side easterly from a point approximately 1720 feet east of Pleasant Street, Six poles Mrs. Morey inquired about the proposed guy wire at the Episcopal Church. Mr. Mahon reported that he was almost certain• that the entire project had been abandoned. He said he looked it over with the company's field engineer and the telephone company and they thought they might be Mani 23 Pole location pole location 24 Woburn St. Grade Crossing Ross sewer connection charge able to hold the pole in question by running a double anchor, the tree guy either way. He said he believed the telephone company took the matter up with the Tree Warden and he thought the work had been done. Mr. Mahon retired at 7:45 P.M. The Chairman read a letter from the Boston and Maine Railroad to the Department of Public Utilities re D.P.U. 12295 - Woburn Street Grade Crossing. The Boston and Maine requested permission to withdraw the instant petition without prejudice. Such with- drawal would be without prejudice to the filing of a substitute petition seeking "Stop and protect" at the crossing rather than the automatic protection sought in the original petition. The Clerk was instructed to forward a copy of the communication to Town Counsel. The Board took up the matter of establishing sewer connection charges for certain lots in a proposed sub- division of land of Eleanor L. Ross. The Board has taken on three seperate occasions sewer easements for a trunk sewer through land of Eleanor b. Ross that is situated northerly of Paul Revere Road. The taking orders were adopted respectively on June 5, 1956 and recorded in Middlesex South. District Registry of Deeds, Book 8739, Page 302, on July 30, 1956 and recorded in said Deeds, Book 8781, Page 249, and on July 8, 1957 and recorded in said Deeds, Book 8983, Page 510. As the land through which these easements ran had not been laid out in lots when the taking orders were adopted, no betterments were assessed. Since that time a subdivision plan dividing the land into lots has been filed by Mrs. Ross with the Lexington Planning Board. This plan is entitled "Preliminary Plan showing Proposed Subdivision of land in Battle Green Village Lexington, Mass." dated November 19, 1956, Whitman and Howard, Civil Engineers, and the following lots on said plan can be connected to the sewer that has been constructed in the aforesaid easements, namely: lots numbered 14, 13, 12, 17, 18, 19, 20, 83, 82, 81, 80, 79, 15, 96, 97, 98, 99, and 100. Mrs. Ross has requested that the charges to be made in lieu of betterments for connecting such lots to said sewer be established Et this time so that payment may be made. Upon consideration of the foregoing it was unanimous- ly voted: That the total connection charge, in lieu of betterments, for connecting the lots enumerated above to 1 said sewer shall be the sum of $3,500. In addition there will be the customary charges for eonstructing the sewer services connecting buildings on such lots to the Sewer. Letter was received from Ernest J. Corrigan in re- gard to construction of a Board of Survey Street to his property. .The letter was taken by Mr. Stevens who said he would draft a reply. Letter wps received from C. Clifford Hansen, 905 Massachusetts Avenue with reference to Mahoney Bros. and the use of the premuses at 927 Massachusetts Avenue. Inasmuch as this is a matter that comes under the jurisdiction of the Building Inspector the letter was forwarded to him and Mr. Hansen so advised. 25 Corrigan Complaint re Mahoney Bros. Mr. Stevens referred to the Boston & Maine petition and reported that they say there hes to be a drastic change in the operation to effect economy.. lie said there is a question whether it should be considered as a whole or by branches. They want to discontinue the second train in the morning and the last one out at night. They also want to discontinue all passenger ser- vice at Lake Street, Brattle and Arlington Heights, and they know that Lexington can't support one round trip. He said this brings up a serious question which the Legislature will have to handle. It also brings up B. M. the question as to whether or not the area should let train the right-of-way be continued as such for freight by the service Boston & Maine or whether the area should be used for highway, rapid transit or some other use not by the Boston & Maine. He explained that, because of the Bedford Airport, the Government may say there must be rail service ih there. He said the problem is very serious and far reaching. If all the people using the Boston & Maine start to use cars, the roads will be impassable. He said he thought the Board should oppose it. Mr. James asked when the hearing is to be held.and Mr. Stevens replied that he thought it was somewhere around November 12th. He said this is something the Board and the.Planning Board should be thinking about. Mr. Stevens brought up the sale of a parcel of land on Bedford Street by G. 0. Anderson to the Boston Edison Company, and presented a plan to the Board and pointed out the piece of property that has now been sold to the Boston Edison and explained that it involves three better- ments; one, Winter Street for a town way and betterments 26 Partial release of land from betterment 'assessments were assessed in the amount of $4,910. He explained that the lien is on the whole tract. He said this is a case, as in some other instances, where the Board has released a part of the land from the lien..In 1957 the Board adopted an order for sewer on which a better- ment of $2,396. He presented the Board with an instrument for its signatures releasing from the lien the better- ment assessments on certain part of the land of G. 0. Anderson & Sons, Inc. He reported that next week they will come in with an application askidg to divide the sewer betterment on Bedford Street between this land and the rest of Anderson's land. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sign the instrument in the following form: PARTIAL R''LFASE OF LAND FROM STREET AND WATER BETTERMENT ASSESSMENTS The Board of Selectmen of the Town of Lexington at a meeting duly held on October 6, 1947, adopted an order taking an easement for a town -way in Winter Street in said Lexington, with betterments to be asses sed, and attached to said order a schedule of the estimated betterments to be assessed on the particular parcels of land to receive special benefit from the construction of saidstreet, including land of G. 0. Anderson & Sons, Inc., described as having a frontage of 923 feet, on which the estimated betterment amounted to $4,910, which order and attached schedule were duly reeetded in Middlesex South District Registry of Deeds, Book 7207, Page 189, and at a meeting duly held on April 22,1957, said Board of Selectmen adopted an order for tih. construction of a sewer in said Winter Street, with betterments to be assessed, and.attached to said order a schedule of the estimated betterments to be assessed on the particular parcels of land to receive special benefit from such construction,including said land of G. 0. Anderson & Sons, Inc.described therein as having an area of 58,500 on which the estimated amounted $2,395.86; which order and attached schedule were duly recorded in said Deeds, Book 8952, Page 40. The said Board of Selectmen at a meeting duly held on September 30, 1957, hereby releases from the liens securing the aforesaid betterment assessments of $4,910 and $2,395.86, such part of the said land of G. O. Anderson & Sons, Inc., as is included with Parcel A as shown on a plan entitled "Plan of band in Lexington owned by G. 0. Anderson & Sons, Inc. To Be Coueyed Tq 1 27 Boston Edison Co." dated July 10, 1957, and drawn by the Engineering and Construction Department of the Boston Edison Company, which plan is recorded in said Deeds as Plan -No. 1120 of 1957; but nothing herein shall be construed as an abatement of said betterment as- sessments or any part thereof, and the liens securing said betterment assessments are hereby expressly reserved on all of the remainder of staid land .of G. 0. Anderson & Sons, Inc. Witness our hands ifl Lexington this 30th day of September, 1957. Raymond W. James Ruth Morey William E. Maloney Majority of Selectmen of Lexington COMMONWEALTH OF MASSACHUSETTS MIDDLESEX,SS. SEPTEMBER 30,19S7 Then personally appeared Raymond W. James, William E. Maloney and Ruth Morey, known to me to be a majority of the duly elected, qualified, and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed as such Selectmen before me, Hazel J. Murray Notary Public my Commission expires: November 29, 1957 The original was given to Mr. Stevens, one copy given to the Superintendent of Public Works and a third copy retained for the Selectmen's files. Mr. Stevens brought up the subject of the High School hockey rink. He reported that Mr. Smith called him and asked if he knew anything about a member of the School Committee having gone ahead on the basis of awarding a contract to Chesterbrook to do the work for no charge but to keep the loam with the Selectmen having voted to purchase 1500 cubic yards at $2,00' 2�s per cubic yard, subject to approval of, the Town Counsel. Mr. Stevens asked if there had been any written invitation to bid or written proposals and Mr. Smith had replied in the negative. Mr. Stevens told him he would not approve it. The By-law says that except in cases of extreme necessity, whenever any work is required to be done for the Town or any contract for labor or materials, or both, is to be made on behalf o$ the Town, for an amount exceeding the sum of $1,000, two or more proposals shall be solicited. He said he asked about provisions for a band or wages and Mr. Smith told him there were done. Mr. Stevens explained that there are two ways of doing this. One is to send out written invitations, stating exactly what the contactor is supposed to do. The second being that the Selectmen could decide they wanted this loam to stay in town for their own pur- poses and obtain the money, and where Mr. Gayer does not have the money or equipment, they could hire eouip- ment. He said that would bb the fastest method. He said the fastest way of doing it, if Mr. Gayer's fig- ures come within what he can swing, or if the Board couldget the money from a transfer on the theory that High this is unforseen. He said the Board could explain it School wants a transfer so it can keep the loam for the pur- Hockey pose of developing the sand pit. Then Mr. Gayer could Rink put in as much equipment as the money would allow, and" get the work done during the dry weather. Mr. Gayer said that a number of trees are involved and it will be a job to get the stumps out and haul them to the dump. The Chairman asked if Mr. Gayer could have informa- tion finalized befpre next Monday and he replied he would have it before then. Mrs. Morey said it would take a matter of a week to clear the area, a week to get the plans out and a week to get going so there will be three weeks in a11. The Chairman said the other plan is if the Board decides, within the money available or thinks might be transferred, it can do this by the expedient of purchasing loam for the Public Works Department, spec- ifications will not be necessary. Mr. Maloney said the only thing to do was to have the work done by, the Town. He said he would view the area with Mr. Gayer. Mr. Stevens said a group should be selected to draw up a sign by-law with representatives From the Board Sign of Selectmen, the Planning Board, Mr. Irwin and someone By-law from tte Board of Appeals. He,said he would like to have a meeting some night next week. 1 He asked if the Board wanted to decide who would do it and let him set a date and get started on it. Mr. Stevens reported that a hearing had been held on the billboard. He said there will be a view of the location and it looks favorable. 29 Billboard The Chairman read a letter from J. Robert Sherman, ]4 Ridge Road and John Wasilec, 23 Ridge Road, request- ing extension of the water main from East Street a dis- tance of approximately 500 feet. They also requested a prior opinion by the Board, through Town Counsel, Ridge Rd. relative to possible abatement of the assessment for water one side of Ridge Road because that area would not be bettered. If divided into house lots, there would remain only five feet on which to build after com- pliance with Town specifications for front and rear footage. The Chairman requested Mr. Gayer to determine just what is involved and bring in a sketch next Monday night. Mr. Stevens retired at 8:55 P.M. Mr. Donald Jenkins, 7 Dane Road, met with the Board and submitted signed petitions for the acceptance of Dane Road and Foster Road. He explained that there has been an extension to both Dane and Foster Roads. Mrs. Morey asked if Foster Road is part of a long layout, wouB the Town accept half of it. The Chairman replied whenever people request it as long as it starts at an accepted street. Mr. Jenkins said he did not think Sherburne Road was accepted. Dane and The Chairman said it was accepted down as far as Foster Winthrop Road and explained that the unaccepted Roads portion of Sherburne Road would have to be construct- ed at the same time. He said Mr. Jenkins would have to get a petition for acceptancefbr Sherburne Road for Dane and Foster to be considered. Mr. Jenkins asked what would,happen if the people on Sherburne Road don't want it accepted and the Chairman replied that is rather unfortunate. Mr. Maloney said it could be accepted for the best interest of the community. The Chairman pointed out that if the Board decides Sherburne Road should be accepted, those people will have to pay the same betterment they would if they requested the construction themselves. He said,the Board would be in the,position of telling them they must have the street accepted and they must pay the betterment and sometimes that is not a completely 30 tenable position to be in. Mr. Jenkins said Dane Road was built under the supervision of the Planning Board to town specifications. The Chairman asked when and Mr. Jenkins replied it was done in two sections in 1953. He said where it was built that way and the cost passed along to the ownerp, they feel it should be accepted. Mr. Gayer said that even though it was built to town specifications, there is still a possibility that some work will have to be sone on it dile to the length of time which has elapsed since it was built. Mr. Jenkins said that is why they want the street accepted as soon as possible. He said Sherburne Road is not up to town specifications now and that may be the reason the people are holding back,, Mr. Maloney asked if anyone on Sherburne Road had indicated they wanted the road accepted and.Mr. Jenkins replied that he did not know. The Chairman said if Mr. Jenkins could get someone on Sherburne Road to petition it would work out all right. The entire project could then be taken as a unit; otherwise, it makes it a little difficult. Mr. Jenkins said he did not want to go down and ask them because the people on Dane Road want the street put through without charge, but they know there will be a charge to the people on Sherburne Road. Mr. Maloney asked how the Board could refuse to accept the street when the Planning Board requires that they be built. Mrs. Morey said that the Board would have to look into it. Mr. Jenkins asked when the petition should be in if one were filed for Sherburne Road and the Chairman' replied that it should be sent in right away. He ex- plained that Mr. Gayer's department then has to figure out the cost of every lot and draw a plan and then the property owners have to sign for the amounts. The project would then be included in the budget for the next Town Meeting. Mr. Jenkins said that the people on Dane and Foster Roads want their petition in the warrant with or with- out Sherburne Road. The Chairman said that the Board would investigate and see what can be done. Mr. Jenkins retired at 9:10 P.M. Mr. Jules Sussman and five other residents of Massa- chuatts Avenue met with the Board. The Chairman said that the Board had agreed to -re-examine the engineering aspects to see what could 1 31 be done by way of constructing a sidewalk which would serve the purpose, which would not interfere drastic- ally with town plowing operations, which would present a more or less uniform appearance and which would result in the saving of as many trees as possible. He said that Mr. Gayer has a detailed plan showing the trees and that the members of the Board have examined the plan as well as the location. He said if the group would like to look at the plan Mr. Gayer would show the trees and give his recommendations. He ex- plained that the areas were blow-ups of where the Mass. Ave.. trees exist with the sidewalks should in green. He sidewalk said this was the plan as originally proposed. He explained the location of each tree and indicated the sidelines of the property owners. Mr. Sussman asked if it is possible to cut some of the lower branches, thereby permitting plowing, and run the sidewalk around the trees. He said he did not think it would detract from the aesthetic value to run a sidewalk around a tree because of the fact the tree being there brings ones attention to the fact that the sidewalk is not straight. Otherwise it is a matter of moving the sidewalk many feet one way and many feet the other way. The Chairman asked if he was suggesting that the sidewalk be built as the plan indicates. Mr. Sussman replied in the negative and said they could come close to the tree and then skirt around it. He said no one would ever notice that the sidewalk is not straight, and the purpose is quite evident. The Chairman asked, if it is found desirable to bring these sidewalks inside the trees, if the property owners affected would be willing to give the land. Mr. Sussman said that he would. Mr. Maloney said there is a question as to whether the Town can do that, and the Chairman agreed. He ex- plained that there would have to be a petition to have the street relocated because it is a county way. Mr. Sussman asked if the property owners could give a ninety-nine year lease and Mr. Maloney said there is some question as to ttie legality of that. Mr. Sussman asked if anyone of the property owners could pay the Town 11.00 to construct the sidewalk on their land and Mr. Maloney replied that Town Counsel is quite specific. Mr. Sussman said that the Town constructs the sidewalk around each tree in such manner that the plow can go around the tree he felt that is the major problem and the legal one is the minor problem and can be gotten around some way. Mr. Maloney said he would not know. 32 Mr. Sussman said to have a legal obstacle stand in the way seems absurd. Mr. Maloney said that this is a County way and if the County decides to widen it, they would just come in and'cut the trees down. Mr. Sussman said this is supposed to be some type of democracy. Mr. Sussman said he did not think driveway and trees would interfere and as far as his hedge is con- cerned he would pull out that part which is necessary to make a sidewalk go around the tree. Mrs.•Larkinesked if it is to be a five-foot side- walk and Mr. Gayer replied in the affirmative. Mrs. Larkin said she would pay for resetting the maple tree. Mr. Gayer explained that if the Board accepts * than is necessary to get the walk in. He said he was not anxious to take down trees, but if the Town is going to have to build a sidewalk, it has to build it. Mr. James said he could see only one problem and indicated a tree on the plan. Mr. Sussman said that is the largest tree on the street and is a beautiful one, in front of Mr. Andrews' house. He said if the sidewalk could be run around that tree Mr. Andrew could be contacted and he thought he would be agreeable to means of getting a sidewalk to go around the tree. The Chairman explained that there is not room on the outside and there are legal problems on the in- side. Mr. Sussman asked if he could go a little further with the legal business and find out what can be done and how it can be done. He said there is a way to do it. The Chairman explained that it might take two years to do it. Mr. Sussman said there must be some way around that, and the Chairman explained that things of this type are time consuming. Mr. Sussman said it does not seem reasonable, if a property owner is willing to give his property and if the governing Board of the Town is willing to take such measures to save a tree, that under our laws they are prevented from doing it. The Chairman said he did not say the Board was prevented, but there are legal complications. • Mr. Sussman asked what would be necessary to speed up the process and the Chairman explained that the Board has had some experience and they can't be speed- ed up. Mr. Sussman said that tree is #27 on the plan and asked how long it would take to find out what is neces- * this proposal he would not take down any more trees 1 sary. The Chairman said that the first thing to be decid- ed is whether or not anything is going to be done about the trees other than what is shown on the plan. He ex- plained that if the Board should consider some relocat- ion because of that tree then it will determine what measures are necessary or what action must be taken to accomplish that. If the Board decides then to go further with that, it will put it in motion. Mr. Sussman asked if the Board felt at this time, or if it would be willing to say that it can take the necessary steps to save these trees. The Chairman asked if Mr. Sussman would say minor deviations from this plan would cause no trouble to the other trees, and Mr. Sussman replied that he would not say SQ, Mr. Sussman asked hew and when the Board would notify him of its decision. The Chairman replied that he expected the Board would decide this evening and he would write Mr. Sussman a letter. Mr. Sussman asked if the Board wanted an indicat- ive statement from anyone else whether or not he is willing to give property and the Chairman replied not at this point. He said if the Board arrives at that point it will then make individual requests. Mr. Maloney explained that Town Counsel gave the Board to understand very definitely there is nothing it can do and the Board has to abide by his decision. Mr. Sussman said that if the Board decides that the legal problem is the only thing standing in the way of going around these trees he would like a little time to surmount the legal problems and talk to Mr. Stevens. The group retired at 9:50 P.M. The Chairman agreed to meet Mr. Gayer in the morning and view the area of the proposed sidewalk. Mr. Gayer reported that he had taken Mr. Reed up to see the trees involved and the Chairman in- formed the Board that Mr. Reed is in favor of pro- ceeding according to the plan presented by Mr. Gayer. 33 Lincoln Mr. Gayer asked how far the Board wanted the Street sidewalk to go on Lincoln Street and the Chairman Sidewalk said that he has looked at it, but not in detail. Mre. Morey and Mr. Maloney said that they had looked at it. Mr. Maloney said he looked the location over and whether it is right or wrong the Board decided to do it. The Chairman said he would construct the side- walk all the way down as originally planned. 34 Mrs. Morey said she supposed it might as well go in and the Board might as well do what it said it would do in the first place. The Chairman read a letter from Harry F. Conner, Complaints 287 Waltham Street, calling the Board's attention to re sidewalk the condition of the sidewalk from his property up to Wachusett Drive. Mr. Gayer informed the Board that he -_has issued a work order to relay the stones back to the wall, cut the brush and clean the sidewalk area. The Chairman read a letter from Louis J. Visco, 2118 Massachusetts Avenue requesting permission for a sidewalk from his driveway to the corner of Hastings Sidewalk Road, a distance of approximately seventy feet. Mr. Gayer reported that he has been trying to contact Mr. Visco to determine whether he is asking for permission to put in a sidewalk himself or if he is asking the Town to put it in. Request from the stic Valley Gas Company for Permit permission to locate a" high pressure steel gas main in Adams Street was held over from the last meeting. Mr. Gayer reported that he has received a satisfactory plan and would have no objection to - the proposed location. Upon notion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the request subject- to;the provision that the work is to be done in accordance with Mr. Gayer's specifications and requirements. A bill in the amount of $3.50 was received from Miss Fay Kenny for replacement of her garbage Claim pail •which she claimed the collector discarded. Mr. Gayer reported that he discussed the • subject with the contractor who was going to con- tact the driver and have an answer today. The Chairman said the Board would defer act- ion pending receipt of a report. Traffic Upon motion of Mrs. Morey, seconded by Mr. Rules & Maloney, it was voted to amend the Traffic Rules Regulations and Regulations by adding under Article VIII a new Section to be numbered 19 and to read as follows: - Sec. 19. Certain Turns Prohibited. (a) No driver of a vehicle shall make a right turn from Bedford Street onto Hill Street, between the hours of 7:30 A,M. and 9:00 A. M. 1 Notice was received from the Commonwealth of Massachusetts, Division of Youth Service, advising that the detention facilities for juveniles sub- mitted by Chief Rycroft have been approved. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to construct a bituminous concrete sidewalk in front of house #32 Locust Avenue, a distance of,63' in the following form: LOCUST AVENUE Middlesex, ss. Town of Lexington WHEREAS, The Town of Lexington at a Town Meeting duly called and held on March 18, 1957, and adjourned to the 25th day of March, 1957, duly adopted under Article 18 of the Warrant the following vote: "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one --half of the cost, or otherwise, and to appropriate therefor the sum of 050,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account." NOW THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power and authority us hereto in any way enabling, determine that public convenience requires the establishment of a sidewalk on Locust Avenue in front of house #32 Locust Avenue, a distance of 63' and it is therefore: ORDERED that a bituminous concrete sidewalk be constructed along Locust Avenue in front of house #32 Locust Avenue, a distance of 63' and that one half of the cost thereof be assessed upon the abutting estates. Annexed hereto and made a part hereof 'is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. 35 Sidewalk 36 Witness our: hands at Lexington aforesaid this thirthieth day of September, 1957. Raymond W. James Ruth Morey William E. Maloney Majority of Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, Ss. Lexington, Mass. September 30, 1957 Then personally appeared Raymond W. James, Ruth Morey and William E. Maloney and severally acknowledged the foregoing instrument and statement by them sub- scribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town. of Lexington, before me. Hazel J. Murray My commission expires Nov. 29, 1957 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO TN THE FOREGOING ORDER Owner as of Jan. 1, 1957 'Frontage Assessment, Edward V. Jr., & Jane Dabney Jones h/w 63 $63.00 1 The Chairman read a letter from Collin S. Camp- bell, 2409 Massachusetts Avenue. He signed a request for the sewer on Minute Man Lane because his house faces on Minute Man Lane. During the course of con- struction, the engineer on the job looked at his property to determine where the sewer connections should be made. The construction is now completed and the sewer main did not reach his property. It was suggested he could connect to Massachusetts Avenue which will necessitate rearranging all the plumbing in his house. • Mr. Gayer explained that if the sewer was con- tinued up Minute Man Lane to reach this property, the cost would have been exhorbitant because of ledge, as he can be connected from Massachusetts Avenue for much less. The Chairman said it will cost Mr. Campbell more. He said according to the drawing submitted, by Mr. Campbell it looks like a very expensive proposition. Mr. Maloney asked if the Town contracted to have the sewer go by this property and Mr. Gayer replied that he did not think the plans were ever intended to. The Chairman asked Mr. Gayer to have complete information for the next meeting as to how much it will cost to reach this property on Minute Man Lane. Mr. Gayer reported that Anthony Busa asked him if the Town would be willing to install a 48" pipe if he purchased the pipe. He desired to build a street between Lowell Street and his new development in A Street area. He pointed the location out to the Board on a map. Mr. Gayer said he looked at the Metcalf & Eddy drainage report and that called for an open channel at that point 14' wide and 4' deep. He said in his opinion the 48" pipe will some time or other back up and will not carry the flow of the brook. He said he feels that if Mr. Busa wants a 48" pipe in there hw should do it on his own so the Town will not be responsible for dam- age because it participated in it. Tf.Mr. Buss installs the pipe himself, he will then be re- sponsible. He said if Mr. Busa wants this as a permanent structure he thought it should be as shown in Metcalf & Eddy's report. Yr. Maloney said Mr. Busa felt inasmuch as he furnished all the material a little help from the Town would not be out of order because of the school buses and transportation that will go over there. 37 Sewer Busa's drainage 38 Mrs. Morey asked how large a pipe would be ade- quate and the Chairman replied about an 8" pipe. Mr. Gayer said Mr. Busa is proposing of the capacity recommended by Metcalf & Eddy. He said if the Town puts in a L8� pipe and help install it and it backs up and does some damage, he thought the Town would be liable. The Chairman asked if Mr. Gayer had told fir. Busa about the Metcalf & Eddy Report, and Mr. Gayer replied in the negative. He said he tried to reach him but has been unsuccessful. The Chairman suggested that Mr. Gayer advise. Mr. Busa of the report and find out what his reaction is. He said it is his thinking that if Metcalf & Eddy re- commended a ditch havibg that capacity there must have been a good reason for it, He said he did not think one could expect any less water than they ex- pected. He said if that is the size they recommend, that is the size that should be put in there. He skid who pays for it is another question. He suggested that Mr. Gayer advise Mr. Busa what has to be done accord- ing to the drainage report and get his rection. The meeting adjourned at 10:4.5 P.M. A true record, Attest: 1 SELECTMEN'S MEETING October 7, 1957 A regular meeting of the -Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 7, 1957 at 7:30 P.M. Messrs. -Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion of Mrs. Morey, seconded by Mr. Tucker it was voted to appoint Mr. Reed as Acting Chairman. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. Percy F. Crowell, electronic technician, 11 Sherburne Road, was drawn for jury duty. Mr. Carroll retired. 39 Juror Hearing was declared open upon the petition of the Boston Edison Company and the .New England Telephone and Telegraph Company for relocation of one pole on Pole Spring Street. location Mr. Mahon, representing the Boston Edison Com- pany, was the only person present at the hearing. Mr. Mahon reported that Robert J. Trebino has requested that the pole be relocated to the lot line in order to give him relief to his driveway. He explained that he looked at it today and the pole appeared to be directly in front of the man's . driveway. Mr. Stevens asked if the pole was on the same side as the driveway and Mr. Mahon replied in the affirmative. He said he met Mr. Trebino while he was there and he indicated that he intends to hot - top the driveway. Mr. Mahon explained that the wires from this pole cross Mr. Trebino's property to service the Kilgour house. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following j/o pole re- location: Spring Street, northwesterly side ap- proximately 585 feet northeast of 40 Shade Street, -- one pole. (One existing pole to be re- moved.) Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one i/o pole on Raymond Street. Pole Mr. Mahon was the only person present at the location hearing. Upon motion of Mr. Maloney, seconded by Mrs.. Morey, it. was voted to grant the petition and sign the order for the following pole location: Raymond Street, northeasterly side approximately 65 feet southeast of Clark -Street, -- one pole. Mr. Mahon retired.at 7:40 P.M. Mr-. Stevens. presented a plan and indicated land of G. G. Anderson & Son, Inc. to be conveyed to the Boston Edison Company, He mentioned that last week G. 0. the Board released the sewer and water betterment Anderson assessment for Winter Street, and said there was a betterment sewer betterment put on in connection with the sewer put in Bedford Street. He submitted a request from G. 0. Anderson & Sons, Inc. and the Boston Edison Company asking that the sewer betterment as- sessment be divided into three parts; first on parcel A now owned by the Boston Edison Company; the second on land still owner by Anderson lying. between a portion of parcel A and Bedford Street. Mr. Anderson is asking that the betterment on the remainder of the land be postponed under the special Act. Mr. Stevens explained that the original better- ment assessment was $3,317.86. Mr. Gayer computed that the amount would be $]14.5.39 if the fifty -foot frontage were used and Mr. Stevens said he assumed that amount should be put on Parcel A, and the total would be $436.18. Taking $436.18 and subtracting $145.39 leaves $290.79 for the second parcel which would leave a balance of $2,681.68 postponed under the provisions of Chapter 159 of the Acts,of 1950. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to divide the sewer betterment as follows: Parcel A as shown on a plan entitled "Plan of Land in Lexington owned by G. 0. Anderson & Sons, Inc., to be conveyed to Boston Edison Co." dated July 10, 1957 - $145.39. 1 41 Land still owned by G. 0. Anderson & Sons, Inc. lying between a portion of said Parcel A and Bed- ford Street and bounded northwesterly by an ex- Sewer tension to Bedford Street of the most northwester- betterment ly boundary of said Parcel A - $290.79. divided. Remaining land of G. 0. Anderson & Sons, Inc. $2,881.68. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of sewer betterment assessment in the amount of $2,881.68, without interest, on remaining land of G. 0. Anderson Sons, Inc. until said land or any part thereof is built Sewer upon, sold, or until the expiration of three years betterment from the date hereof, whichever event occurs first, deferred provided, however, that this extension of time shall terminate immediately if the facilities of the sewer are used for said land or any part thereof. Mr. Stevens reported that Mr. Smith, Superinten- dent of Schools, called him last week and said that Ernest J. Corrigan is continuing to go across the school land to get into his subdivision. Mr. Stevens reported that Corrigan's.attorney told him that Corrigan had made other arrangements and was going in over the land of an abutting owner and was paying compensation for it. He asked Mr. Gayer to check today to see what was being done. Mr. Gayer reported that Corrigan is still using the school land. Mr. Maloney asked how much he was using it and Mr. Gayer replied just to go in and out. Mr. Maloney reported that he has been over there many times and didn't see any excess use at all. Mr. Stevens said he applied for an extension of time to use the land after September 3rd and the School Committee denied it. He said he told Mr. Smith he would bring the matter up this evening to find out whether or not there is anything the Board wanted to do. He asked if the Board wanted to'inter- cede for Corrigan with the School Committee. Mr. Maloney asked about the town's agreement and when it is supposed to do the work. Mr. Stevens replied that the Town will do the work after certain things have happened. Those things have happened and the Town is supposed tp do it. The water and sewer should be in before the street is finished. He said he told'Corrigan's attorney the Town would not treat their having put in the water and sewer as a waiver and in the interest of getting the road built, they should work out with Mr. Gayer the joint operation. They will have to put in the water and sewer. Corrigan's use of school land 42 Mr. Maloney asked if the Town was obligated to put in the water and sewer and Mr. Stevens replied that in his opinion the Town is not. Mr. Maloney said that the road is going in by the School and the Board has never abandoned the original idea. The Chairman said that the Board put the road in with the idea of connecting to the development. There never was any idea until the suggestion was made to put it on the land they took under option for Worthen Road. Mr. Maloney said Corrigan could not be stopped from using the road because it has never been abandoned. Mr. Stevens said that whatever was in the mind of the Board when that drive was built gave Corrigan, -. Baskin or Ryder no rights. He said the Board is going ahead with the construction of the road, but it has to work out putting in the water and sewer so the con- struction won't be delayed. That is what Corrigan was supposed todo but he didnt do it. The answer Corrigan's attorney gave to Mr. Stevens to the denial of the School Committee was that his client had made other arrangements. He said he thought Corrigan should take ore position or another. Mr. Maloney said it seemed ridiculous because last year there was more trucks and equipment over there and there never was a complaint. Mrs. Morey said that Corrigan said he would be out and he is not out. That is all that is bother= ing Mr. Smith. The Chairman said he could not understand how the School Committee could refuse him as that was supposed to be ail access road and it was the full intent all along. Mrs. Morey suggested advising the School Com- mittee that until the other access has been construct- ed, Corrigan should be allowed in there. The'Chairman said he would like to have the Board write a letter to the effect that the Selectmen feel that, until the road is constructed for Corrigan on Waltham Street, he should be entitled to•the use of the access road which goes through the school property. Mr. Maloney said'that the Town is obligated to give Corrigan a Board of Survey Street and put it in the way it is supposed to and then let him worry about the water and sewer. Mr. Stevens said that Mr. Gayer coq.ld work out somthing with Mr. Corrigan which would be to the best advantage. 1 43 Mr. Maloney suggested that the Board proceed with what the Town is supposed to do and ignore the water and sewer if that is Corrigan's problem. Mr. Stevens presented a plan of land owned by Miller, Ives and Gray taken for the Junior High School and said he was submitting it just to find out if there were any questions about it. He pointed out Junior parcels A and.B on the plan and said the Town expects High to give B and take C, and if that is so there is a School building on it. He pointed to a line on the plan and Land asked if it was still the intent to go to that line and Mr. Maloney replied in the affirmative. Mr. Stevens reported that he had contacted the Town Counsel in Arlington relative to the proposed dtation closings by the Boston & Maine Railroad. The Arlington Board of Selectmen voted last week to oppose it. Even though Arlington is in the M.T.A. district, they feel the trains should continue to run and are going to discuss the subject further. ' Mr. Stevens said Lexington should ask the D.P.U. to set Lexington trains down for a seperate"bearing with the hope that the question of freight profits might be brought up. Mr. Alexander D. Traill met with the Board. Mr. Gayer presented a plan showing Curve Street and three properties, 905 A, B and C Massachusetts Avenue and explained that in order to get the sewer line low Sewer enough to serve these properties, a section 'of the 905 A, B, Curve Street sewer will have to be rebuilt. He ex- C Mass. plained that Mr. Traill is uding Mr. Doran's septi Avenue tank and the other owner is not interested in the sewer. The Chairman said as he understands the situa- tion Mr. Doran and Mr. Traill are not interested in a connection charge but want a betterment charge which can be apportioned over a period of years. Mr. Traill said as fas as he knows, Mr. Randolph will give the easement. The Chairman reported that Mr. Doran assured him that Mr. Randolph will give a temporary ease- ment during construction. Mr. Doren's concern is whether there will be a connection charge or a betterment charge. Mr. Traill asked if it was up to the Board to decide and the Chairman replied in the affirmative and explained that the Board wanted to check with Town Counsel. Mr. Stevens agreed to a betterment charge. Mr. Gayer explained that the owners would still have to pay from a point which he indicated on the plan to the house. 44 Mr. Reed said they understood the house connec- tion charge. Mrs. Morey said that the third house would eventually need the sewer. Mr. Traill said they have water down the right of way from Massachusetts Avenue and it serves the three homes. He said they don't have much pressure and would like to be connected. Mr. Gayer said that is a service and as such they would have to pay 'for it but this subject has never been discussed with him. The Chairman said that if the sewer is put in now and these'two gentlemen are charged betterments, the third property owner should be charged now. Mr. Maloney asked how expensive this would be and Mr. Gayer replied that he did not know. He said it would be about seven feet deep along most of the time. Mr. Traill said it is about 900 feet to the middle of Curve Street. The Chairman asked if he was sure about the dis- tance and Mr. Traill replied in the affirmative. The Chairman said that betterments would be charged so the payment could be apportioned over a period of years. The cost would have to be estima- ted by Mr. Gayer. The Chairman said that the owner of the third house should pay a portion of the betterment charge because the sewer will be available to him whenever he wants it. He said the Town would be running a sewer in for two houses which then becomes available at a later date to the third house. He asked how, the Board could change these two people a betterment and not the third owner. Mr. Traill asked if the third property owner• could be charged if he does not want the sewer. The Chairman explained that usually if 65% of the property ownensrequest a sewer, it is put in regardless of the fact that there are those whb:do not want it. Mr. Gayer said it could be put in and these two lots charged just as'1f they were out on Massachusetts Avenue and then extend it at a later date. ' The Chairman asked if he was talking about a connection charge or a betterment and /d!r. Gayer re- plied he was talking about a betterment. Mr. Gayer asked if Mr. Traill would like to approach the third owner now and the Chairman said before he did that, he should find out what the amount of the betterment will be. Mr. Gayer saidthat he would let Mr. Traill and Mr. Doran know what it will cost them and then give 1 them a figure as to what it will cost the third in- dividual so they can discuss it with him. Mrs. Morey pointed out that if Mr. Traill and Mr. Doran's water service is bettered, the service in the third house will be bettered. Mr. Gayer said he was not sure about connecting with the water and he would like to checks the plans on that. The Chairman said that Mr. Gayer would give Mr. Traill an estimate of the cost. Mr. Traill retired. Notice.was received from the Department of Public Utilities advising that the hearing relative to the Woburn Street grade crossing which was scheduled for today had been cancelled. Copy of letter t dd#sit� evens from the Board of Appeals was received/that ReNsrs. Nickerson and Ripley will represent the Board of Appeals on a Committee to study.the matter of signs with a view to rewriting a By -Law so that it can be enforced. Mrs. Morey said she would be willing to rep- resent the Board of Selectmen and it was also agreed to have Mr. James, as Chairman, represent the Board. Letter was received from the Emergency Board, together with two votes, authorizing to borrow in accordance with Chapter 645 of of 1948, for construction of two elementary additions. Finance the Town the Acts school The Chairman read a letter from the Lexington Golf Club relative to additional parking space in the vicinity of the Club. The Club feels that a suitable area appears to be possible about 200 or 300 feet easterly of the Club house. When Hill Street was relocated, there was left an unused dr abandoned strip of the former travelled way. The Club would like to know if this strip can be made available for parking. Mr. Maloney asked if the Town had full rights in the street and Mr. Gayer replied that it is something that should be discussed with Mr. Stevens. He said there is no record of any takings or givings. -Mr. Stevens asked if this was -e County layout and Mrs. Morey replied that the County built it under Chapter 90. Mr. Stevens explained that on Chapter 90 work the County makes the layout. He explained that if the Town lays out a town way and deviates from the location of the private ,street, the rights of the 45 CroAsing Sign Committee Borrowing authorized Golf Club parking 46 portion retained by the Town are not lost but are still there. If there is once a town way and the Town relocates it, any part that is not included in the relocation is considered to be abandoned. He explained that the Town does net have any right in the land which was abandoned unless it has a fee and hefdid not know if the Town had a fee. He said if this is a town layout over a previously unaccepted street, then•the Town has no rights. Mr. Gayer presented a plan which he explained to Mr. Stevens. who said that either way one looks at it, the Town has no control of that portion and he did not see why the Club could not use it. He recommended that the Board just write a letter say- ing it could see no reason why the Club can't use the land. Mr. Joseph Fitzgerald and -another gentlemen met with the Board relative to a petition, sub- mitted by Mr. Fitzgerald, requesting the Town to prohibit hunting in the Great Meadows. Mrs Fitzgerald said the hunters are supposed to be in the Meadows but they come right up to the houses. He explained that many of the people who signed the petition have bullet marks in their houses. The Chairman explained that hunters must ob- tain permission from the Town of Arlington to hunt and they also have to obtain permission from the Chief of Police or Board of Selectmen in Lex- ington. He said that to prohibit all shooting• in the Town of Lexington would require a vote of Town Meeting, and the Selectmen have no authority Hunting to restrict hunting. Great Meadows The Chairman said, as he understands the petition, the people want hunting prohibited only in the Meadows and Mr. Fitzgerald said that is what he is concerned about. Mr. Stevens explained that hunters have to obtain written permission from the owners of the land and the Chief of Police. • The Chairman said the only alternate is to • have the Chief of Police refuse to issue permits to hunt in the Great Meadows. • Mr. Fitzgerald asked if hunters could be arrested if they came up onto private property and the Chair- man replied in the affirmative. He explained that they are not allowed to shoot within 500 feet of any building. Mr. Fitzgerald said that the Town of Arlington has a list of names of persons who have been given permission to hunt in Lexington. 1 47 Mrs. Morey said the Board should get that list and check it with the Chief of Police. The Chairman reported that usually the Chief has a list of the locations where the hunters are going. Mr. Maloney suggested that the Board write a . letter to the Chief and ask how many people have permits and advise him that hunting in the Great Meadows creates a hazard. The Chairman pointed out that the Chief does not have any knowledge of this petition andrray have already issued some permits, but the Board could find out what he has done. The Chairman said that the Board would talk to the Chief and find out who has permits and see if the hunting can be curbed. He said the Board may instruct the Chief to limit the permits. Mr. Fitzgerald and the other gentlemen retired at 8:50 P.M. It was agreed to write Lieutenant Corr asking if permits have been issued this year for hunting in the Great Meadows and ask to have any further grant- ing of permits held up until the Board has discussed the matter. Further consideration was given to Mr. Robert Sherman's request for the extension of a water main to service his house at 14 Ridge Road. Mr. Gayer presented a plan showing the property owned by Mr. Sherman and also the property owned by Mr. Wasilec, and pointed out the land he assumed Mr. Sherman was referring to in his letter of September 30th. Mrs. Morey asked if Mr. Sherman owned both sides of the street and Mr. Gayer replied in the affirmative. The Chairman said no indication has been given that he could not purchase additional land. He said Ridge Rd. he would be in favor of deferring the water better- water ment assessment, but would not be in favor of abat- ing it as someone could build on the land. Mr. Gayer indicated Mr. Wasilec's property and explained that he also owns a mall strip on the other side and •that is evidently what he is con- cerned abput. The Chairman said that the betterment on that side of the road could be deferred for a period of three years, but he did not think the Board should abate the betterment. Mr. Gayer asked if he should make up an estimate and the Chairman replied in t•he affirmative. He said the Board would tell Mr. Sherman that the betterment may be deferred but not abated. • 48 Mr. Stevens said he had a contract on the voting machines which was given to him by Mr. Carroll just before he came into the meeting Voting this evening. Inasmuch as the vote authorized machines the Selectmen, it calls for the signature of the Board. Mr. Gayer referred to water in Winter Street and reported tat he has discussed the subject with Mr. Stevens. He reported that the main was put in from Rangeway to Grove Street and no bet- Winter terments were charged. Now there are people Street wanting to connect to the main and he asked if Water they should be charged an amount equal to the betterment. Mrs. Morey asked why no betterments were charged and the Chairman replied that there were no houses there. Mr. Stevens said that there was no Order for the construction. He said this came up some years ago and the Town has no easement there. Mr. Gayer presented a plan which he said was used as a basis for determining where the main was to be put. Mr. Stevens reported that the Planning Board took the view this was not a street Within the meaning of the subdivision control laws. Then it turned out that this was being used and plow- ed by the Town. A strong argument was made that this was a subdivision street. If they laid this out forty feet and gave the Town an easement for a water line, the Planning Board would then endorse it Approval not Required. The Town would then have a water line easement. He said he never heard any- thing more about it until he was told some time later that there was a water line in it, which was not put in under the Betterment Act. The Chairman asked where the houses are now getting water. and Mr. Gayer replied that about eight houses are connected and never paid a betterment or any connection charge. They did pay for the cost of the line from the main into the house. Mr. Gayer said now there is a house under con- struction and the builder has applied for water. He asked if he should charge him an amount equal to the betterment. The Chairman said that there are now eight houses connected and asked if anything could be done at,::this late date. Mr. Stevens replied in the negative. The Chairman asked how, out of fairness to the man building the house, the Board could charge him. Mr. Gayer asked what he would do from here on 1 49 and the Chairman asked how many there are. Mr. Gayer replied that there are a lot. Mr. Stevens said the Town owns the water 'line. The Chairman said he thought the Board should request acceptance of Winter Street. Mr. Stevens said it is all laid out and shown on a land court plan. The Chairman told Mr. Gayer to furnish the water but not to do anything about it. Mr. Stevens said he did not see how the Board could now charge him. Mr. Stevens retired at 9:25 P.M. Notice was received from the New England Telephone and Telegraph Company relative to abandonment of a Pole j/o pole on Massachusetts Avenue, northerly side, abandoned approximately 6G feet west of Estabrook Road. The Chairman read a letter from the Lexington Historical Society recommending the erection of a eigii-at Five Forks directing traffic to Lexington Center. The Board agreed with the recommendation are Sign instructed Mr. Gayer to have an appropriate sign erected. The Chairman read a letter from Henry C. Little- john, 24 Adams Street, suggesting that the Town con- sider adopting "'Yield Right of Way"signs for vehic- ular traffic. The Chairman was authorized to refer the sub- ject to the Traffic Study Committee. The Chairman read a letter from Mr. Gayer in reference to Mr. Collin S. Campbell's recent letter in regard to the installation of a sanitary sewer in Minute Man Lane. The letter explained that at no time were there any plans to install a sewer Campbell's main on that part of Minute Man Lane on which sewer house 2409 Massachusetts Avenue faces. The studies assessment and plans which were made by Whitman & Howard in- dicated from the beginning that this house would be served from Massachuset �s Avenue. Mr. Gayer thought/�4iibly Mr. Campbell was referring to the fact that he was assessed on Minute Man Lane and the method of assessment used follows the policy of the Engineering Department and does not necessarily indicate the actual loca- tion of the sewer in the street. Furthermore, had Mr. Campbell's assessment been made on Massachusetts Avenue it would have been about $40 higher due to the fact that he has more frontage on Massachusetts Avenue. Traffic Sign 50 Mr. Gayer suggested that Mr. Campbell contact the Engineering Department if he has any further questions. The Chairman was authorized to send Mr. Camp- bell a copy of the letter. Mr. Gayer said that Mr. Busa on Grant Street has a bridge across the brook. A wooden bridge was constructed in W.P.A. days' and this was re- built by the Town in 1950 when a concrete bridge Busa Bridge was constructed. Last night the bridge was dam - Grant St. aged due to the heavy rain and Mr. Busa has request- ed the Town to repair it. Mr. Gayer asked if this was a Town function. Mr. Maloney asked about the extent of the damage and Mr. Gayer replied that it took out one of the piers. Mr. Stevens said that the Town is not respons- ible unless it assumed it in some way. Mr. Maloney inked how the Town could construct the bridge and not be responsible. Mr. Stevens explained that it may have found it cheaper to put in a good bridge. Mr. Maloney asked how much it would boat to re- pair it and Mr. Gayer replied that he would have - the answer tomorrow. Mr. Stevens said it might be well to have an understanding now that this is thelast time. The Chairman said he would. meet Mr. Gayer in the morning and go over to see Mr. Busa. Mr. Stevens retired at 9:45 P.M. Mr. Louis J. Visco's letter requesting per- mission for a sidewalk from his driveway to the corner of Hastings Road was hsld over. Sidewalk Mr. Gayer reported that Mr. Visco wanted to put in a sidewalk fron his driveway which is part way into the road to the Town in the Town direct- ion. He advised Mr. Visco that if the Town partic- ipated in a sidewalk, it would have to go all along his property because the abutting owner might want to put in a sidewalk also. He has not heard any- thing further from Mr. "Visco. Further considerationywas given to the con- struction of a Sidewalk on Massachusetts Avenue extending from Cedar Street a distance of 3200 feet more or less. Mrs. Morey suggested putting it in as it is Sidewalk with the reservation that any trees by staying up would not narrow the sidewalk less than four feet and keep the line straight, that it be so left and the property owners be notified that if any damage is done to the property they will not complain. 1 51 Mr. Maloney instructed Mr. Gayer to put the sidewalk in and use his own judgement. Mrs. Morey said to put the sidewalk in per- fectly straight and narrow it where necessary to save trees. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to sign an Order for the installation of a sidewalk along the northerly side of Massachusetts Avenue, extending from Cedar Street, westerly a distance of 3200 feet more or less, in the following form: MASSACHUSETTS AVENUE Middlesex, as. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 18, 1957, and adjourned to the 25th day of March, 1957, duly adopted under Article 18 of the Warrant the following vote: "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost or otherwise, and to appropriate therefor the sum of $50,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account," NOW THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power and authority us hereto in any enabling determine that public convenience requires the establishment of a sidewalk along the northerly side of Massachusetts Avenue, a public way in said Town, extending from Cedar Street westerly a distance of 3200 feet, and it is therefore; ORDERED that a bituminous concrete sidewalk be constructed along the northerly side of Massachusetts Avenue, extending from Cedar Street westerly a distance of :3200 ± feet and that one half of the cost thereof be assessed upon the abutting estates. • Annexed hereto and made a part hereof is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. 52 Witness our hands at Lexington aforesaid this seventh day of October, 1957. Ruth Morey William E. Maloney Ralph H. Tucker Majority Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. October 7, 1957 Then personally appeared William E. Maloney, Ralph H. Tucker and Ruth Morey, and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed .and the free act and deed of the Board of Selectmen of the Town of Lexington, before me. Hanel;: J. Murray 'Notary Public My commission expires Nov. 29, 1957 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Owner as of January 1, 1957 Lot No. Frontage Assessment Mary H. Green B 83.77 $83.77 Hanna B. Breslin 100.0 100.0 1 53: Owner as of January 1, 1957 Frank P. & Mary E. Ryc,roft, h/w Gardner P. & Hazel D. Ladd, h/w George E. & Sonja F. Stone, h/w Roy & Ethel M. Johnsen, h/w Community Nursery School,. Inc. Albert T. & Janet W. Pitt, h/w Dennis McNamara James L. & Winifred M. Sullivan, h/w John Sullivan Edwin H. & Hazel P. Davenport, h/w James F. & Ruth M. Andrews, h/w Jules P. & June E. Sussman, h/w John & Gabriella Fernandes, h/w John K. & Virginia C. Clymer, h/w Gerhard R. & Anne Marie MicZaika, h/w Robert K. Taylor Oscar R. & Garnet W. Reed, h/w 29 125.00 125.00 Lot Number Frontage Assessment 60.0 060.00 A 164.15 164.15 A 144.5 144.50 B 75.0 75.00 325.0 325.00 85.3 85.30 85.0 85.00 73.0 73.00 125.00 125.00 22 136.69 23 134.0o 24 134.00 25 125.00 26 125.00 136.69 134.00 134.00 12.5.00 125.00 27 125.00 125.00 28 125.00 125.00 54 Owner as of January 1, 1957 Lot. No. Frontage Assessment Isadore D. & Virginia M. Larkin, h/w 38 133.91 133.91 Johanna P. M. Versteeg 37 110.00 110.00 Lawrence K. & Alice A. Casey, h/w 36 101.0 - 101.00 The Chairman read a letter from Mrs. John F. Noonan, 12 Kimball Road referring to a petition Light that has been circulated in the neighborhood re - Shield lative to a street light in front of 8 Kimball Road. She did not understand what the petition was for. If it is for a shield she would have no objection, but she would strongly object if it is to have the light removed. The Chairman was authorized to advise Mrs. Noonan that a request had been received by the Board for a shield on the light at 8 Kimball Road. The Chairman read a letter from Mrs. Daniel E. Foran, 36 Lawrence Lane, calling the Board's attention to offensive garbage odors emanating from a local piggery. Complaint The Chairman was authorized to acknowledge the letter, send a copy to the Board of Health and also call it to the attention of the owner of the piggery. Application was received from Philip G. Licenses Whitney, 32 Crawford Street, Arlington and Theron W. Osgood, 63 Gleason,Road, Lexington for a Common Victualler and Sunday Sales License, to do business at 865 Massachusetts Avenue, the Corner Variety Store. Satisfactory character references were re- ceived from Acting Chief of Police.•• Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the licenses. Further consideration was given to the subject of whether or not the American Legion should pay the janitor's overtime fee for services rendered on September 9th, Annual Installation of Officers. The Chairman said that the policy of the Board, when the budgets were being prepared, was to include money in the Public Works' budget to pay the Janitors for all fees incurred by any group renting Cary • 1 55 Memorial Building. When a group rented the building, they were to be charged janitor's fees and were to be billed by the Town and the Town was to pay the janitor from the amount of money included in the budget. Janitors are not to be paid by anyone using the Janitor's building, and all organizations, not Town organiza- fees for tions, using the building are to be billed by the Town. overtime With regard to the Legion, the Chairman was authorized to advise the organization that no charge was made for the use of the hall but that the janitor should be paid and enclose a bill for the same. The Chairman read a memo from Mr. James relative to the water situation. Mr. Gayer said the Board could order the ban lifted and see what the results are but once lifted it is difficult to put it back on again. Mr. Maloney said if the ban is off, something could ba,put in the paper to the effect that it may have to/�bt at again. He said it could be tried but it would incur much more trouble. Mrs. Morey pointed out that the ban is not be- Water ban ing enforced now, and she thought one sound truck out for a couple of hours would take care of it, but Mr. Gayer did not agree. Mrs. Morey suggested that the ban remain in effect and the sound truck used. She said if the Board continues the ban, she felt it should be en- forced. It was finally decided to insert a notice in the paper advising that the ban has been lifted strictly on a trial basis. Co-operation by con- sumers in limiting the use of outside water to bare necessities is requested and if it is found that adequate pressure cannot be maintained under these conditions, the watering restrictions will once again be put into effect. The .meeting adjourned at 10:30 P.M. A true record, Attest: ec€ftive✓ Cler Select/en 56 SELECTMEN'S MEETING .October 14, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 14, 1957, at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs.. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for j/o pole location on Bernard Street. Mr. Mahon, representing the Boston Edison Com- pany, was the only person present at the hearing. Pole He explained that a builder is constructing two location homes on Justin Street; one on lot #46 easterly, of Eldred Street and one on lot'#194 just westerly from Bernard Street. In order to get service to those homes on Justin Street, there being no poles in the immediate area, the petitioner proposes to extend the existing line. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the petition and . sign the order for the following j/o pole location: Bernard Street, southeasterly side approximately 15 feet southwest of Justin Street. Instrument was received from the Boston Edison Company and the New England Telephone Company, re- questing the Board's signature for the location of Pole & guy two anchor guys and four poles on Worthen Road. location Mr. Gayer explained that there is a consider- able amount of excavation to do in the area and he asked if location of the poles could be deferred. He reported that the trees have just been cut down this week. Mr. Maloney asked how soon Mr. Gayer would be ready and he replied very shortly. He said that there is about twenty feet of peat in there now and he did not know what the poles would be set on. Mr. Mahon suggested that action on the subject be held over until he has had an opportunity to discuss it with Mr. Conailvio of the Telephone Com- pany. 1 57 Mr. Mahon retired at 7:40 P.M. Mr. Gayer brought up the subject of Mr. Busa's bridge on Grant Street and said the only thing to be resolved is whether or not his department is to repair it. Buss's Mrs. Morey recalled that Mr. Gayer and Mr. bridge Reed were to look at it. Mr. Gayer reported that they did look at it and found it to be in rather bad condition. He said he has not prepared an estimate of the cost to repair it because he did not Want -to -become too involved until it is determined whether or not the Town is to repair it. Mr. Maloney said that someone will have to decide whether or not the Town is going to re- pair it. Mr. Stevens reported that the Clerk has not found any written instrument whereby the Town is in any way obligated to maintain the bridge. He said he looked at the Registry of Deeds today and could find no written agreement. He said that there are releases from Busa. One in 1939 and one in 1938 releasing all claim for damages. He said no where is there any mention made of the Town assuming the obligation to maintain the bridge. It looks as though in doing the work it disturbed the bridge, which was probably not wide enough to bridge the new channel, so the Town went in with a new bridge and stated it would be as good as the one there. Mrs. Morey asked why the Town built a bridge for Mr. Busa in 1950. Mr. Stevens replied that the reason for build- ing the first one is obvious but he did not know the reason for building the second one. Mr. Gayer said that Mr. Busa told him there was an agreement between him and the Town which was made when the P.W.A. bridge was put in; but he has not been able to locate the agreement. Mr. Stevens said that if there is such an agreement he would like to see it and Mr. Busa must have a copy. Mr. Stevens said that there was a brook there and Mr. Busa had to have a bridge. He was faced with the necessity of building a bridge, but.the Town said it would build the bridge when the work was being done and the bridge would be as good as the one he had. If that was done, it was put back as good as it was before and there would be no obligation. 58 Mr. Maloney said -there is a concrete bridge - there that should have lasted more than seven years if it were properly installed. He said it seemed that Mr. DeFoe obtained the price from Custance in 1950 and he was a very careful operator and would not do anything unless he had some authority to go on.. Mr. Gayer said he would talk with Mr. DeFoe to see if he could find out anything further. It was suggested that a letter be written to Mr. Busa advising that nothing was found in the Town records to indicate that the Town is obligated to maintain the bridge and to ask him if he has any- thing in writing. Mr. Gayer brought up the subject of water in Winter Street and the Chairman asked if it was true that there was no order of construction, no ease- ments and the Town does not own the line. Mr. Stevens said if the Town has no easement, and he knows of none, it owns the pipe because it was put in by the Town. Mr. Gayer reported that a petition has been received for the acceptance of this section of Winter Street. Winter Mr. Stevens said that legally, the Board has Street no right to assess betterments now as they were water supposed to have been assessed within a certain period of time, and he knew of no statute stating that persons cannot tie into the line unless they pay something to the Town to compensate for it. Mr. Maloney said that whatever has happened, has happened and he did not see how betterments can be charged at this point. Mr. Gayer said as he understood the situa- tion, no betterments are to be charged on this particular water main from Rangeway Street to Grove Street. Permit Letter w&s received from the Mystic Valley Gas Company requesting permission to locate a 4" steel high pressure gas main in Appletree Lane for the purpose of supplying gas to one new house under construction and two houses soots to - he started. Mr. Gayer said he thought the proposal was all right. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the request sub- ject to the provision that the work is to be done in accordance with Mr. Gayer's specifications and requirements. 1 59 Letter was received from Mrs. Joan Sheehan, 54 Asbury Street, requesting extension of the water main to supply her house. • Request Mr. Gayer reported that it will take approxi- for mately 200 feet of main, but he did not know how water many houses it would serve. He said he would find out how many houses and lots are involved and ad- vise the Board next week. Mr. Gayer reported that he has received a petition from residents on Lockwood Road and Byron Avenue requesting a sewer line. He explained that there are two possibilities. One is a long main up to the trunk line and the other is to put a small ejector station down there just for this area. He said he would obtain an estimate of cost of both methods. The Chairman asked if more people than those who -signed the petition would be served and Mr. Gayer replied in the affirmative. Mrs. Morey inquired as to how many families signed and Mr. Gayer replied approximately twelve. Mr. Robert E. Corb, 34 Eldred Street and Mr. Malcolm Smith, 10 Eldred Street, met with the Board. Mr. Corb said he would like to take up the matter of the extension of Eldred Street and stated that he had mentioned it to Mr. James at the last Town Meeting. Since then he has been Eldred doing a little checking around Town and, as he Street said at the Town Meeting, has more or less ac- quiesced to the facthhat Eldred Street is going to Grove Street and/agrees that it is a good thing. He said he has talked to Mr. Gayer, the advisor to the Planning Board and a member of the Planning Board in connection with traffic control on Eldred Street and it is pretty well agreed that something is required there because of the number of children on the street. He said the street, as now planned, is a straight, level street almost half a mile long and that it will be a busy street goes without saying. What he would like to propose in the way of traffic control is to have the extension go into Justin Street at some other place than directly in line with Eldred Street, say fifty feet west or northwest of Eldred Street. He said the only objection to this ex- pressed so far is that it is bad for traffic and that is why he wants it. He said the primary con- cern seems to be the movement of traffic through 60 Lexington, and very little consideration has been given to the residents on the street across which this traffic must move. The Chairman asked if Mr. Corb had discussed the subject with the Planning Board and he replied that he has talked to Mr. Soule. Mr. Smith has talked to the advisor to the Planning Board and his prime concern is traffic. The Chairman said the only comment he could make is that thetraffic which would be using that street presently must come down Grove. Street to Burlington and must come.down Burlington or go up Simonds Road. He said he lives close to Simonds Road and has never noticed any undue traffic hazard on Simonds Road and he has never heard of any serious incident or anything approaching it there. Mr. Reed explained that this extension has been planned as a main street for this Town since 1950 and it was only this year presented to Town Meeting. He said that it was planned as a main road before the houses were built. It will open up both sides and there will be a crossroads. He said when this was first planned there was no idea of a school in the area and it was to be a road to go through to Grove Street because Grove Street and Burlington Streets are so narrow. These two streets cannot be widened because of the amount of property damage that would be involved. The only alternative was to build Eldred Street and that was decided in 1950. Mr. Corb asked if there would be any objection to putting a jog in the street and Mr. Reed replied that it would defeat the purpose for which the road is being constructed. Mr. Reed asked if a fifty -foot moveover would be considered a minor change and, the plan having, been accepted by Town Meeting, would it have to be presented to another MMeeting with a new layout. Mr. Stevens replied that there would have to be another layout. Mr. Reed explained that the street has already been accepted as laid out and unless it is again presented to Town Meeting, it will go through as is. The Chairman said that the Board could discuss the subject further and decide if recommendation is to be made for a change. Messrs. Corb and Smith retired at 8:45 P.M. Messrs. Stevens, Gayer and Reed also left the meeting. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sign the Order for Eldred Street as follows: 1 61 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. At a meeting of Lexington held 1957, it is Town of Lexington of the Board of Selectmen of the Town on the twenty-third day of September, ORDERED: Whereas the Board of Selectmen of the Town of Lexington having determined and adjudged that common convenience and necessity require that a town way be laid out in the location hereinafter described and having complied with the requirements: of law relating to notice, did on the third day of September, 1957, lay out as a town way the way known as Eldred Street from the.south- westerly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less, accordingly and duly filed their report of such laying out with the boundaries and the measurements of the same in the office of the Town Clerk on the tenth day of September, 1957, and whereas at a Special Town Meeting duly called, warned and held on the sixteenth day of September, 1957, in accordance with the provisions of law, applicable thereto, it was VOTED: To establish as a Town, way, and accept the layout of as a town way, Eldred Street from the south- westerly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less, as shown on a plan on file in the office of the Town Clerk, dated May, 1957, and to authorize the Selectmen to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, and to appropriate for land acquisition the sum of $350 and provide for pay- ment thereof by transfer from the Excess and Deficiency Account. NOW, THEREFORE, WE, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 79 of the General Laws, and of any and every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a town way for the use of said Town of Lexington, the land in said town bounded and described as follows: The southeasterly sideline of Eldred Street begins at a point in the southwesterly sideline of Grove Street, said point being northwesterly and distant 128.27 feet along a curve of 604.64 feet radius from a stone bound marking a point of reverse curvature, thence S 820 24', 40° W 62 distant 397.15 feet to a point of curvature, thence bearing to the left with a curve of 145100 feet radius distant 453.82 feet to a point of tangency, thence S 64° 27' 00" W distant 404.57 feet to a point of curvature, thence bearing to the left with a curve of 25.00 feet radius distant 39.27 feet to a point in the northeasterly sideline of Justin Street, thence 3 75° 45' 36" W distant 50.99 feet to a point in the southwesterly sideline of Justin Street, thence N 25° 33' 00" W distant 80.00 feet to a point, thence N 53° 06' 24" E distant 50.99 feet to a point, thence bearing to the left with a curve of 25.00 feet radius distant 39.27 feet to a point of tangency, thence N 64° 27' 00" E difitant 404.57 feet to a point of curvature, thence bearing to the right with a curve of 1500.00 feet radius distant 469.47 feet to a point of tangency, thence N 82° 24' 40" E distant 320.11 feet to a point of curvature, thence bearing to the left with a curve of 51.62 feet radius distant 83.38 feet to a point of reverse curvature, thence bearing to the left with a curve of 604.64 radius distant 112.34 .feet by the southwesterly sideline of Grove Street to the point of beginning, all as shown on a plan entitled "Plan of Eldred Street in Lexington,. Mass., Scale 1 in. = 40 ft,, May, 1957, Richard J. Gayer, Town Engineer. The above description is intended to conform to a plan entitled "Plan of Eldred Street in Lexington, Mass., Scale 1 in. = 40 ft., May, 1957, Richard J. Gayer, Town Engineer", which plan is on file in the Town Clerk's Office in the Town Office Building and a copy of which will be recorded with Middlesex South District Deeds with a copy of this Order. All trees, if any, upon the land taken are In- cluded in this taking. Betterments are to be assessed for this improvement. The area which itis expected will receive benefit or advantage tither than the general ad- vantage to the community from such improvement is described as follows: The same being lands now or formerly of Richard H. Soule and Lawrence H. Witherell as shown on a plan entitled "Plan of Eldred Street in Lexington, Mass., Scale 1 in. = 40 ft., May, 1957, Richard J. Gayer, Town Engineer." The said area comprises the several lots shown 1 63 upon the plan herein before referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed 'upon each parcel of land to be as• shown in the schedule which is hereto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. WITNESS our hands at•Lexington aforesaid this four- teenth day of October, 1957. Ralph H. Tucker William E. Maloney Ruth Morey Selectmen of Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. October ]4, 1957 Then personally appeared William E. Maloney, Ralph H. Tucker and Ruth Morey, and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act'and deed and the free act and deed of the Board of Selectmen and Public Works of the Town of Lexington, before me, Hazel J. Murray Notary Public My commission expires Nov. 29, 1957 64 Postage Meter machine SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Name of Owner Lot No. Frontage Richard H. Soule N 758.0 Richard H. Soule M 752.0 Lawrence H. Witherell 3 :380.0 Lawrence H. Witherell 2 340.09 L. C. Assessment Cert. No. $7,580.00 86027 7,520.00 86027 3,800.00 3,405.90 Mr. W. F. O'Connell and Mr. LeVasseur, represent- ing Pitney -Bowes, Inc., met with the Board. Mr. O'Connell presented each member of the Board with comparative prices per thousand of commercial 24 sub. white wove and government stamped standard quality envelopes (without ptstage.) The Chairman said that the Town has four or five so-called sealing machines. He asked what they are and how the Pitney -Bowes machine is better for that one function. Mr. LeVasseur replied that there is no machine by itself on the market today that can be classi- fied as a sealing machine. They are moistening machines. His machines, as compared to the sealing machine will provide far better sealing. Mr. O'Connell said those machines are not com- parable in operation. They are a brush type sealer and the proper moisture may be obtained from the brush if the envelope is not going through too fast. He said at high speed a brush type sealer will clog up and in many cases there is flooding which causes the envelopes to stick together. He explained with the Pitney -Bowes metallic sealer there is just the proper amount of moisture at all times and nothing to foul up. He said they get a sealing that will handle 175 pieces of mail a minute. The Chairman asked what the present machines would handle and Mr. O'Connell replied 125 a minute at best. The Chairman asked if, from what Mr. O'Connell has seen, it is conceivable to have the machine located at one spot and have the mail go through that spot. Mr. O'Connell suggested that the mail be cen- tralized in the Tax Collector's Office. He said that is where there is the largest single mailing which would disrupt the ordinary office routine. 1 65. The next largest mailer is the Public Works Depart- ment and it would mean one trip a day and passing it through the window. The Chairman asked if he thought the time at preseit in the Tax Collector's Office could be utilized to handle the mail for the entire building and Mr. O'Connell replied definitely. The Chairman asked if it would be practical to have the machine in one office but have it worked by clerks from several departments. Mr. LeVasseur replied that it is done. He explained that with a metered mail setup the post- age does not exist and it eliminates accountability for one department. He said if it still remains that each department is held accountable for its postage, a reading can be taken before and after the .department uses the machine. Mrs. Morey asked what the price of the machine is and Mr. O'Connell replied $785. Mr. Tucker asked what about the additional cost for a check signerand Mr. O'Connell replied $285. Mr. Tucker asked if the check signing unit could be used on the model being recommended and Mr. LeVasseur replied in the affirmative. The Chairman asked about service. Mr. LeVasse.ar said that there is a guarantee the first year for defective parts or workmanship. The machine can be put under an agreement for 056 annually. This is four actual inspections and eight free ones in the event of any jams, so there are twelve calls included in the $56, which is for clean- ing, oiling, etc. The Chairman asked if he would recommend the contract the first year and Mr. LeVasseur replied that is up to the purchaser. Mr. O'Connell said that they are required by postal regulations to have each meter checked every quarter. The inspector would be in at least four times a year. The Chairman asked if that was something the owner of the machire would have to pay for and Mr. O'Connell replied in the negative. He said they must do that to protect their franchise. -The Chairman asked if the inspector was authorized to do any work and Mr. O'Connell re- plied in the negative. He said he would have to check with the company first. Mr. LeVasseur said that there is a cabinet which is optional equipment and sells for $135. The Chairman asked how many people purchase the extra unit and fir. LeVasseur replied 50%. 66 Mrs. Morey asked the price of the stacking unit. Mr. LeVasseur replied $395. Mr. O'Connell said the power stacker would sell itself after the machine is installed. He said he would not push it too hard at the present. time. He said the mailing machine is what will save the Town money and it will gmost pay for itself the first year. The Chairman asked about handling Special Delivery mail. and Mr. LeVasseur replied it is handled the same way. He said they have a hand stamp. The Chairman asked if the required amount of postage would still be put on Special Delivery and Registered mail and Mr. LeVasseur replied in the affirmative. The Chairman asked if a weighing scale was in- cluded in the price and Mr. LeVasseur replied in the negative. He said that is another operation as the action of the machine would throw the scale off. Mr. O'Connell said that they could speed up the handling of the mail and give flexibility that is not obtainable under the present system. He said the system would save $500 a year in the cost of envelopes alone. Mr. O'Connell said if the machine is ordered, for price protection, and the funds are not appropriated by the Town Meeting, the machine would be taken out as it would be on a conditional contract. Messrs. LeVasseur and O'Connell retired at 9:20 P.M. The Chairman read a letter from Mr. Greeley re- ferring to a colored slide showing the planting of shrubs as previously approved by the Board, and ask- ing if he should send a memo of his charge covering studies on the work to date. He stated that he spent time on the studies obtaining prices, making draw- ings, etc., amounting to $112. The cost of the T. 0. eleven page,specification and the slide bring the total Building to $159. shrubs The Chairman said he would refer to the minutes of the meeting at which Mr. Greeley discussed the subject with the Board and write him on the matter. Messrs. Allen, Kelly, Ferguson, Wells, Mrs. Wan- less of the Recreation Committee, Mr. Samborski and Mr. Snow met with the Board. Mr..Allen said he would like to discuss the Baskin property first. He said the Committee under- stands there was $10,000 approved for this property and he would like to know what is going to be done about it. 1 67 The Chairman said it was his understanding that the money was appropriated to be available for use by the Public Works Depn.rtment to use to get a start on improving the area, if, as and when time permitted it this year. Mr. Allen asked if anything had been done and the Chairman replied in the negative. Mr. Allen asked if anything would be done and the Chairman replied that he did not know. He said he understood a representative of the Public Works Department met with the Recreation Committee. Mr. Allen said that he was asked what had been done and the Committee was told that borings had been taken and the property surveyed. Mr. Kelly said that he did make the statement that he would not have time to do anything. Mr. Ferguson said what the Committee really.is interested in is who has authority to spend the money. Mr. Maloney said he thought the Board of Selectmen would spend the money and suggestions from the Committee would be very helpful. Mr. Alien reported that this had been discussed with Mr. Snow and he had a representative from Olm- stead Brothers who advised that it would cost rough- ly $1500 to have plans drawn. Mrs. Morey said that would be 10% of $15,000. Mr.' Maloney asked what could be done for $15,000. He said it is not kno.n how much fill or grading has to be done. He said the Committee thould recommend some of these things and the problem of the Board of Selectmen would be to spend the money. The Chairman read the vote adopted at the Annual Town Meeting at which time the $10,000 was appropriated. Mr. Kelly asked if, after talking to Mr. Snow they could get some bids. The Chairman asked if the Committee expected to get a plan for a finished article or a number of suggested plans and have finished plans made from one of those they select. Mr. Ferguson said that personally he did not ex- pect to spend $1500. He said if the Committee does Plan for need some money, it would like to spend it with .the Baskin Board's approval. He said Mr. Snow thought he could play - do some of the work for the Committee, and LI' he can, ground it will not need anywhere that amount of money. The Chairman said that he would like to have the Board authorize, this evening, an amount of money but if the Committee is not going to spend $1504 he wanted to know how much the Board should authorize. Mr. Ferguson suggested that the Board authorize $10,000. 68 Mr. Tucker said he would like to ask how far the Committee wants to go. He asked if a plan could be worked up to be done in sections so it won't cost the Town $100,000 all at once. Mrs. Morey suggested an overall plan which could be presented to the Board. Mr. Tucker said he recalled one item included in the $10,000 figure was to enable removing some of the muck and making a skating rink. The Chairman said he would like to see the entire $10,000 spent this year if it could be spent on a definitive plan. Mrs. Morey said she would like the Board to see the plan and then authorize the Committee to go ahead. Mr. Allen asked if he understood now that the Committee is authorized to proceed to obtain a plane and Mrs. Morey replied in the affirmative. Mr. Ferguson asked if the Committee could spend an amount up to $10,000 to get the plans going and Mr. Maloney replied in the affirmative. Mr. Allen said another problem is the swimming pool which has been in operation for about thirty years without any maintenance being done to the Swimming mechanism. After looking it over this summer, two pool business concerns one, Bowser and the other Philco, expressed amazement that it is operating at all. Mr. Allen said there are more children who partic- ipate in the swimming program than any other recrea- tion activity in Town. Both these concerns are definitely of the opinion that the pool needs com- plete reinstallation of pipes, pumps, filters, etc., which will cost about $12,000. If the work is to be done it should be started some time in January so it will be completed by the opening date, or at least they should have the approval to go ahead and start to get the material to do it. The actual work won't take that long. The Chairman asked if the Committee wanted to go to Town Meeting with this as an article as it is the only way it can be done. Mr. Allen said that Town Meeting will not be until March but he would like to see something done before that. The .Chairman said a Special Town Meeting could be called and asked if the Committee wanted one called if there isn't one planned for this Fall. Mr. Alien said before asking for a Special Town Meeting he would like to discuss the subject with the concerns and find out whether or not the Annual Town Meeting would be too late. 1 10/21/57 Mrs. Morey corrected records on Baskin Playground "Mr. Maloney said that the Combtittee could spend an amount to get the plans and when approved the Board would authorize $10,000. Mr. Snow said there would be time enough if all the material is there. The actual work can be done in three weeks. The Chairman pointed out that if the Committee waits until March, the money could not be spent until April which would be too late. Mr. Snow said he would check again and see if the work could be started right after Town Meeting. Mr. Ferguson inquired about the balance in the Reserve Fund and the Chairman replied that there is $21,4.44 and he pointed out that a transfer would be up to the Appropriation Committee. Mr. Ferguson asked if the Board wanted a Spec- ial Town Meeting or to request the Appropriation Committee for a transfer. Mr. Maloney asked how this becomes an emergency. Mr. Tucker asked if it could be called an emerg- ency in December when the pool will not be used until June. He asked if the companies would take a con- ditional contract and Mr. Ferguson replied that they have not been asked. Mr. Tucker inquired about the materials and Mr. Ferguson replied that they are pumps, tubing, etc. Mrs. Morey explained that with an order of this size, bills would have to be obtained. The Chairman asked if the Committ iwould re- commend going to a Town Meeting with/th Bnly article in the warrant. Mr. Ferguson said that if the Committee goes into the summer without having the equipment re— placed and it breaks down, someone will be embar- rassed and he did not want to be embarrassed. Mr. Kelly said that off hand he would say it seems a little extreme to have a Town Meeting for / this one item. Mr. Maloney asked when this condition was brought up before. Mr. Allen explained that Mr. Samborski was having trouble over there and he was hiring a pump from the Water Department. He said he went over himself one morning and felt that the con- dition had gone on long enough and that was the beginning, He suggested that Mr. Samborski have someone look it over. The Chairman said his suggestion would be if by November 15th it is determined that there will not be a Special Town Meeting, a request could be made to the Appropriation Committee for a transfer from the Reserve Fund. Mr. Ferguson agreed as did the rest of the Com- mittee. 69 70 Mr. Allen referred to the sandpit and asked if any surveys had been made or any boundaries. Mr. Maloney said that there is only a plot plan. Mr. Ferguson said the Committee would like to find out what the land is suitable for and then pre- sent at least a solution of something to do with the plan, but there is no money available. Sandpit Mr. Tucker asked if the Planning Board had any recommendation and Mr. Snow replied that the Plan- ning Board recommended that the property be acquired. He said there is a property map, a survey was made by an engineer and the plan is on record. He said he did not think there is any need of having a bound- ary line survey made. He said he didnot think the Committee could work on a plan and come up with tie cost figures until it is determined what material is in there. He said he recommended a topographical survey. Mr. Allen said that the Committee has three ap- proximate costs on a topographical survey and asked if they should be opened with Mr. Snow. He explained that the Committee does not have funds to pay for them. He said he wanted to talk to Mr. Snow to find out what the surveys will mean to the Committee. Mr. Snow explained that the pnly property lines in question would be the land owned by Monre and he is making his own property line survey so in a neg- ative.way the Committee will have that line established. Mr. Maloney asked about the amount of moneyin- volved and Mr. Allen replied $300 or $500. The Chairman said that he thought something could be worked out on the engineering work. Mr. Kelly asked if the Board thought $400 or $500 would be unsurmountable and the Chairman re- plied in the negative. The group retired at 10:20 P.M. _ Mrs. Morey referred to the subject of shooting in the Great Meadow and Mr. Maloney agreed to con- tact Chief Rycroft in the morning. Mr. Maloney left the meeting and the Chairman explained that he owns lots 1 through 4 on Massachusetts Avenue and would like to purchase tax title lot 5. It will take a lot of digging to make these lots usable and Mr. Maloney will give the gravel Tax to be used on Worthen Road. He will make a formal title offer if the Board is willing to sell. Mrs. Morey said she thought the Board should establish a policy of notifying the abutters on tax title offers. 1 71 Upon motion of Mr. Tucker,. seconded by Mrs. Morey, it was voted that a proposal to sell tax title lot 5 Massachusetts Avenue (Munroe East Lexington) be advertised in the Lexington Minute- man and that further consideration baa given the offer at the next meeting of the Board. The meeting adjourned at 10:35 P.M. A true record, Attest: ecuiive✓Cler Selectm 72 SELECTMEN'S MEETING October 21, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 21, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Ir. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. The Chairman read a letter from the Arlington Board of Selectmen relative to proposed curtailment of passenger service on the Boston & Maine branch. The Arlington Selectmen is of the opinion that joint Boston & opposition by Arlington, Lexington and Bedford would Maine be more forceful than individual municipal opposition trains and felt that the matter could be discussed at a meeting of the committee appointed to make a study of the Great Meadows, which will be held within the next two weeks. The letter stated that members of both Boards have been invited. The Chairman advised that the Lexington Board had not received any invitation to such a meeting. Mr. Maloney reported that Mr. Greeley, Chair- man of the Committee, has talked to him several times over the telephone and is ready and willing to meet with a committee from Lexington. He ex- plained that perhaps Mr. Greeley thought he had invitedthis Board through Mr. Maloney. He said he thought it would be a good idea to have Mr. Greeley set up the meeting as he felt there was more room in the Selectmen's Room in Arlington. Mr. Stevens pointed out that the Town of Bed- ford would not be interested in the Great Meadows, but would be interested in the railroad. Mrs. Morey said that both matters could be dis- posed of at one time but she thought Bedford should be present at the discussion pertaining to the pro- posed curtailment of passenger trains. Mr. Stevens said he thought the only thing to do is to get an Act through the Legislature to get the title to the Great Meadows cleared. That would involve some procedure in the Act setting up claims of Lexington and Arlington. Mr. Stevens suggested that a meeting be held as indicated and that the representatives from Bed- ford be invited for discussion of the railroad situa- tion. 1 73 At a later time during the same evening, Lex- ington and Arlington Selectmen could discuss the Great Meadows. He advised informing Arlington that nothing has been heard about the meeting mentioned, in this letter. The Chairman read a letter from John R. Mclsaac, Chairman of the Brotherhood of Railroad Trainmen, with Trains reference to the petition filed by the Boston & Maine to discontinue train #3212 and #3217. Mr. Mclssac said he hoped the Board would take action against this petition and have Town Counsel present to oppose it. Mr. Stevens referred to Contract No. 7, sewer work, between the Town and a partnership d.b.a. Sewer Pitt Construction Company of South Lincoln, and re- contract ported that it is now in order for the Board to sign. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign the contract as presented by Mr. Stevens. All copies were taken by Mr. Stevens, Mr. Stevens reported on Dr. Howard Foley's suit which came up for hearing this morning. He re- ported that last week he contacted Mr. Seth and last Saturday morning he met with Mr. and Mrs. Seth, Mr. and Mrs. Maxner and went over the situation with Foley them. They allowed hi,m to borrow a property pur- suit chase of sale agreement which was dated the same date as the Town Meeting which accepted the layout, which calls for the sale by the Seths and Maxners to the three Foleys, including th part of the strip in front of the Viano land/tRe part of the strip in front of the Whalen land, all subject to the Town voting to accept the layout. He told them it appeared to him this was now exhausted and they were under no agreement to convey the land and in fariness to the Town, the land should not be conveyed to Foley except on the basis of better- ments. In view of the fact they are charging $500 for the land, he recommended that the Town abate the $500. He saidthat they were very co-operative and said they had no desire to see the Town come out se poorly on this or to see Dr. Foley being put in a position where,he could not be protected. Mr. Stevens said that he was going to see their attorney in the morning and he thought they would go on the theory that they are still willing to convey the land but not unless Dr. Foley agrees to pay betterments. Mrs. Seth said Dr. Foley mentioned a figure of $3,000 having been given to him by some- one on the Board and it was all right with him. She also said this was the first time it ever had been 74 explained to them thattA thought of the Board, or Mr. Stevens, was that/s old convey this to the Town with the understanding that the Town would convey it to Dr. Foley upon payment of what the betterments would have been. Mr. Stevens reported that at the hearing in Court today, prior to appearing before the Judge, he talked to the attorney and it is a matter of dollars and cents. They checked the records and feel, according to what they find in the records, that betterments were not put on until more than six months after the work was completed and where they were only put on two property owners instead of all of them, that it can't be supported. They also admit it is not fair for him to get the road without paying. They feel Dr. Foley should pay his fair share, but his fair share is not the full amount of the betterments be- cause the land the other people gave was not the amount of the betterments they were estimated to be assessed on them. He said he told Berry there were many considerations the Board had in mind in putting this through. Some people were in favor of having it go through as Seth and Maxner, and there were those who were not, and there never was any thought that Dr. Foley should be admitted to the road with- out payment of whatever the betterments were. He has a portion of the land in business and gained a direct substantial benefit from it. Mr. Stevens said he told him he did not think Seth and Maxner were going to convey the land. Mr. Stevens said he recommended to him to find out if Dr. Foley now wants the land. Mr. Maloney said he thought it would be better to have the Town own the land. Mr. Stevens reported that he told the attorney that if Dr. Foley does not want the land he would recommend that the betterment be abated, but if he is going to have the land, he should pay the better- ment. It was left that Mr. Stevens would talk to the Board about it tonight and call him tomorrow. Mr. Stevens said if Dr. Foley does not get title to the land, the betterment should be abated. He also told Seth and Maxner it was not fair for them to con- vey the strip in front of the Viano or Whalen land. They said Mrs. Whalen did not want it but he told them he did not think she understood it. Mr. Reed asked about the Town purchasing the land and then agree to sell it to Dr. Foley if he paid the betterment. Mr. Stevens advised that it would be better to have it worked out between the parties. 1 Mr. Stevens returned two subdivision agreements; one between the Board of Selectmen as a Board of Survey Agreement and George W. Sarano, dated May 13, 1946 and one between the Town and R. Lockwood Tower, et al, dated March 24, 1941. He said he told Mr. Gould, attorney for Mr. Corrigan, Friday that the School Committee wanted to know what was going on. He explained that he told Mr. Gould he understood from him that they would not need an access across the school land and he said that was correct. He was to let Mr. Stevens know but he has not heard from him. The Chairman reported that he met with Mr. Corrigan and Rupert Stevens. He listened to their proposal for an amicable settlement which was to include their supplying water pipe, fittings, drain pipe and sewer pipe and the Town would do the work. Their position, they said, was upheld by the fact in one of these agreements which Mr. Stevens just returned, Mr. Gould indicated that a Board of Survey street defined was one that included the installation of water and drain. It did not include sewer in these instances because there was no sewer to connect to. Having been so advised by Gould, they felt they were reasonable.. The Chairman explained that he talked to Mr. Stevens, Town Counsel, who felt Gould's interpreta- tion was somewhat in error so they will be required to put in the water up to eight inches. -If the Town requires anything more than that it will pay for the material. They are to pay for their own sewer con- nections and all drainage down to a point on this street. The Town will pick it up from there because of the jog in the drain pipe. Mr. Stevens said that a Board of Survey Street includes the drain. He asked if the Chairman meant through their own land and the Chairman replied in the affirmative. He said they are going to bring it part way down to this street. Mr. Stevens said the Town would build a Board of Survey Street and a drain is part of the Board of Survey Street. Mr. Reed said he did not see how the Town could make them go that far. He said it was all right if they would, but he did not think the Board could tell them they have to. Mr. Stevens explained that anyone reading this agreement would be misled because it says "The sub- divider will construct the ways in the manner and location shown on the plat as finally approved by the Board of Survey and will conform to the regula- 75 Corrigan 76 tions of the Board of Survey regarding such con- struction. The subdivider will construct all the ways shown on the said plat in accordance with the 'Construction and Materials Specifications for Streets, Sewers, Drains, Water Mains, and Services' adopted by the Board of Selectmen and Public Works under date of July 8, 1910, a copy of which is hereto annexed, so far as applicable, Type B. Surfaces to be deemed applicable." He explained that this tells them what they have to do to construct, but it does not tell what to construct. He pointed.out that there is no agreement in this that he will put in either water or sewer, and water has nothing to do with a Board of Survey street. He explained that a Board of Survey street was of certain type, grades, etc., and that is what the Town is going to do. He said he thought the Town had been fair. Mr. Gayer asked if he was to run the drain from. the subdivision down to the Town line. Mr. Stevens replied that wherever drainage is required in that street, having in mind it will tie into the drainage of the subdivision, he would think the Town would put it in. Mr. Gayer asked about the section from here, in- dicating it on a plan, up to the development._ Mr.. Stevens said it seemed to him that if this was being put in as a Board of Survey street, the Selectmen, as a Board of Survey, would require drain- age all the way. He said in fairness he thought the drainage should be included. He said if they do not come in to put in the utilities, the only thing the Town can do is build the street and it will have carried out its obligation. . Mr. Stevens referred to the voting machine agree - Voting ment which was left for him by Mr. Carroll. He read machines it and advised that it is now in order for the Board to sign. (Original and copy returned to. Mr. Carroll.) Mr. Reed asked what is to be done about Mr. Busa's bridge, and reported that he is anxious to have an answer. He said he felt certain that Mr. Busa intend- ed to insist upon the Town repairing it. Mr. Reed said he looked into the records and also went down to see Mr. Busa. Mr. Busa told him that there never was any- thing in writing. He reported that he also talked to Howard Custance because he was the one who put the bridge in and he feels that the Town has a definite obligation to maintain it. He feels that the Town, if the case went to court, would lose because it is dumping water in the brook from all parts of the Town. 1 77 Mrs. Morey reported that Mr. Busa maintains that when some of his land was taken, it was guaranteed that he would have access to his land. The Chairman asked what the Town had for agreements and Mr. Stevens replied that there is nothing. He said that the Town has the right to put water in there from all over Town. That was the right the Town took and Mr. Busa had his claim for damages. The damage he sus- tained was whatever was taken from him by the widening of the brook. The bridge he had, Mr. Stevens assumed, was not wide enough in its span to cross the widened ditch. He said the record is clear that the Town would build a bridge just as good as the one he had, so he was no worse off and he was paid some amount for his damages. He said it would be most unusual to have an undertaking by the Town that the bridge was to be maintained in perpetuity without having something in writing. The bank was in on it and its representative wanted to be convinced that the settlement being work- ed out with Busa was satisfactory. Mr. Reed said the point he brings out is why did the Town replace it with a cement bridge, and no one Busa's seems to remember why. He said Mr. Busa does not have bridge access to his land and the water the Town is dumping in there is washing it and widening the brook. He said there is no question in his mind that whoever put the pillars in did not go down deep enough. Mr. Custance said he did not put the pillars in.. Mr. Reed said that the normal course of the channel cannot go through the bridge. He said there is a question of whether Mr. Busa put the rocks there or of the pillars are on the rock. Mr. Gayer said that Busa said he put the rocks in so he could collect water for irrigating in the Summer. Mr. Stevens said that actually Mr. Busa has no right to put the rock there. Mr. Reed explained that Mr. Busa is going on the basis that because the Town had the cement bridge constructed, the Town should maintain it. Mr. Stevens said that when it was done, there is no doubt it -was done under the assumption that it was the Town's obligation to do it. The Chairman said he thought whatever the Board does should be done right and can be supported. Mr. Stevens said if the Town repairs it and Mr. Busa will excuse the Town from doing anything further, the matter would be disposed of. Mr. Reed said that Mr. Busa is under the impression that it is to be a continual maintenance by the Town regardless. He said he is guaranteed access to his 78 land and to him that means the Town is to maintain the bridge. Mr. Stevens said there is not much more to do ex- cept check the files and check with Mr. DeFoe who was Superintendent at the time. Shannon Upon motion of Mr. Reed, seconded by Mr. Maloney, option it was voted to exercise the option for the acquisition of land owned by Shannon in the following form: EXERCISE OF OPTION By instrument dated July 30, 1957, Clarence Philip Shannon, of Randolph, Massachusetts, for consideration paid, granted to the Town of Lexington an option to purchase certain land situated on North. Street in Lexington as therein des- cribed. NOW, THEREFORE, pursuant to the provisions of said instrument, the Town of Lexington, acting by its Board of Selectmen, hereby exercises said option to purchase said land subject t.o all of the terms, provision's and conditions set forth in said instrument. Signed at Lexington, Massachusetts, this 28th day of October, 1957. TOWN OF LEXINGTON By '' Raymond W. James Haskell W. Reed William E. Maloney Majority of the Board of Selectmen 1 Mr. Turzyn met with the Board to discuss the pos- sibility of getting water for a house he is construct- ing on Freemont Street. He said that all the people around him have long services. He discussed the sub- ject with Mr. Gayer who did everything he could and even talked to some of the people in an effort to get them to sign a petition for the installation of a water main. However, the people already have water. He said when he purchased the land, he did not ex- pect to build, but where he is now living is being taken over for a development and he has to move. He knew this six months ago and started to build a house. He said he applied for water and could not get it. Mr. Turzyn said if he could arrange for a temporary connection now, he would be willing to sign a statement agreeing to pay betterments when the water main is installed. He said the bank will hold back his next payment until water is available. Mr. Gayer submitted a plan of Lexington Farms and pointed out Mr. Turzyn's lot and also pointed out where the water main comes to at the present time. He said several houses have long services. He ex- plained that Mr. Friel has built a house and indicat- ed the lots owned by him. He said that Mr. Friel paid his betterment on Freemont Street and gave the Town an easement across one lot and the Town gave him a water service. He said the problem is get- ting the extension of the main which is a routine matter except this gentlemen is in a hurry. The Chairman asked if the only way`the Town can supply him with water is to extend the main and Mr. Gayer replied in the affirmative. The Chairman asked what it would cost to do that and 4r. Gayer replied $1800. He explained that there is a six inch pipe there now. Mr. Reed asked how much it would cost to put a service in for this man from the corner of Home- stead Street and also asked if it could be done. Mr. Gayer replied that it could be done if he had the time which he does not have. He said he is running four to six weeks on services. Mr. Reed asked why the main could not be extend- ed at this time and the Chairman replied because it will cost *1800. Mr. Reed asked if requests for such short dis- tances as 300 feet were being held up. He said he thought the main should be extended for this distance rather than to have a service put in. Mr. Gayer said he would not recommend a long service as there are too many of them now. Mr. Maloney asked if Mr. Turzyn's house was under construction and he replied that the plumbing is about finished and it is ready to be plastered. 79: Request for water on Freematt Street 80 Mr. Reed asked if he saw the sign about water when he toolt out his building permit and he replied in the affirmative. Mr. Reed asked if he was being forced tobuild sooner than he anticipated and he replied in the affirmative. Mr. Turzyn said when he started to build, he tried to get the people to sign a petition for water and sewer. Mr. Dwyer held out and then no one else would sign. Mr. Maloney asked if there was anyone who would be willing to give Mr. Turzyn permission to tie in- to their line temporarily. Mr. Gayer said if he could do that and get by., this water main might be put in under the Betterment Act in another year. Mr. Reed asked if Mr. Friel would give him per- mission to tie into his property now and Mr. Turzyn replied that he might. Mr. Maloney said if Mr. Turzyn could get per- mission from Mr. Friel.he would have water in there. Mr. Gayer said that the Board could then con- sider the petition which Mr. Turzyn gave him today so that he might get water there next year. Mr. Reed• pointed out that Mr. Turzyn would have to have an agreement whereby he could tie in until such time as the water is available; otherwise, the owner could shut him off, Mr. Gayer said he would be better off to be tied into the street. The Chairman said he thought the Board understood the problem. He suggested that Mr. Turzyn contact Mr. Friel and let the Board know how he makes out. • Mr. Turzyn said that he is in favor of getting the main regardless of whether he can get water now from Mr. Friel or not. Mr. Turzyn said he would advise Mr. Gayer as to how he makes out. Mr. Turzyn retired at 8:55 P.M. The Chairman reported that a Town Meeting member said that every Town Meeting has to be hurried because Town of the time limit on salaries and asked why those could Meeting not be acted upon at a seperate Town Meeting with two Warrants. One Warrant would take care of Article 4 and one Warrant would take care of everything else. Mr. Stevens said that the Board could have as many Warrants as it wants but there are several things that should•be done at an Annual Town Meeting and there is only one Annual Town Meeting. Mr. Donald Jenkins, Jr., 7 Dane Road and Mr. Roger T. Westcott, 3 Foster Road, met with the Board. 1 81 Mr. Jenkins said he wanted to know if the Board had arrived at any decision relative to acceptance of Dane and Foster Roads. He said that the problem as he recalled it, was that the Board would like to have the streets accepted which have been built ac- cording to the Planning Board rules and regulations but they must abut on a previously accepted street. Mr. Stevens said that in each occasion where this question came up, the Board has taken the posi- tion that it would only accept streets when they did Dane and connect with a public way. Foster Mr. Jenkins asked if the streets in question Roads were built to the Town specifications and Mr. Stevens replied in the affirmative. He explained that what has happened is a petitiontjgs been filed to have the Town lay out as Town ways/connecting streets. The Town then has rights over its own ways but would be taking on an obligation to maintain a way to which it does not have access. He explained that the Board does have the power to lay out the streets. It in- volves assessment of betterments so the people liv- ing on them are affected. Mr. Foster said that in a sense he paid for an accepted street and Mr. Stevens explained that it was not for an accepted street but for an approved street. He said there have been other streets built which the people did not want accepted. Mr. Reed explained that now it would probably not cost anything to have the street accepted but two or three years from now, it may be necessary to do some work on it at which time it would cost money. Mr. Westcott said that is correct and they are not too happy about it. Mr. Reed said that the people on Sherburne Road would probably not be happy to have betterments as- sessed against them either. The Chairman asked if anyone had talked to the people on Sherburne Road and Mr. Jenkins replied in the negative. Mr. Reed said that Sherburne Road is not in good condition and it would cost those people money. Mr. Westcott asked if the policy of not accepting a street unless it joins an accepted street is a law or a policy. Mr. Stevens said that he has never had to rule whether it is legal. He said it does not make much sense to accept a street that does not abut an ac- cepted street because the Town does not have the right to go in a street and do the work it has to do. He explained that the Planning Board rules and regula- tions are to protect the purchaser. He said if Mr. Jenkins' street was built to a cheaper standard, he would find himself doing maintenance work the first year. 82 Town Report He said the regulations protect the buy the lots and also saves on cost accepted. Mr. Stevens said that when the it accepts liability for defects in said the Town goes as far as it can Sherburne Road will have to come in people who when the street is Town participates, the streets. He and obviously some time. Mr. Reed asked if Mr. Jenkins would be willing to contact the people on Sherburne Road and advised him that the Board requires signatures of 659 of the prop- erty owners for a street to be•accepted. The Chairman said if Mr. Jenkins wanted to get some indication that the people on Sherburne Road would go along with this, it would be fine, but it has to be done fairly rapidly because the Board likes to have the -petitions for street acceptances in by the 15th of October, to be figured late in December so that the Appropriation Committee can consider them for Town Meeting. He said the Board would like to have the petitions as soon as possible to be con- sidered this year for next yearb budget. Mr. Jenkins said that unless the people on Sherburne Road sign a petition, Dane and Foster Roads have no chance and the Chairman repled that is correct. Messrs. Stevens, Jenkins and Westcott retired at 9:15 P.M. Mr. Floyd R. Judd, representing Spaulding -Moss Company, met with the Board, and said that his reason for an interview was to discuss the possibilMy of printing the Town Report by offset. He said that at the recent Town Clerk's convention. in Great Barring- ton, he spoke about off -set printing. He explained that his concern does a great majority of the street listings in Towns by offset and is now doing a number of Town Reports by offset. He said that the reports they do have pictures, charts and graphs. Spaulding - Moss has done reports for Wilmington, Methuen and Con- cord and can save $600 the first year. They have also. done Gloucester, Beverly and Melrose. The:. reports are all typewritten. He explained that the key to saving money is that the Town has its various departments type their own reports. He said he felt he -could save the Town 50% of what it paid last year. The Chairman asked if he meant that the Town designs its own report and Mr. Judd replied that is what it comes to. Mr. Reed asked about going out on bid and Mr. Judd explained that the Board could go out on the same specifications. The Chairman said that the Board would have to write its own specifications. imiar 1 Mr. Judd said the Board would state that it is to be off -set printing, everything ready for the camera, page by page. Mrs. Morey asked if all the reports would be done on the same typewriter and Mr. Judd replied that in some towns they bring all the material to one depart- ment. He said he would be glad to show the girls in the offices how to type their reports. Mr. Judd said he borrowed one of Lexington's Town Reports and had a bid made up which may not be accord- ing to the Board's specifications. The bid for 600 copies was $1,110. Mrs. Morey asked who would make up the index and Mr. Judd replied that the Town would and stated that some of the reports do not have an index. The Chairman asked how long itwould take to issue the report after the copy had been submitted and Mr. Judd replied that it would not take more than three weeks. he explained that photographs cost a little more than type. The Chairman asked how much it would add to the cost if Spaulding -Moss did the typing and Mr. Judd replied about $2.00 per page. The Chairman said that the Board would discuss the subject and contact Mr. Judd one way or another. Mr. Judd retired at 9:50 P.M. Mrs. Morey said she would like to make the sug- gestion that the Town by-laws be put together and doing it this way might not cost very much. She said these people could do it and then the Board would have a sample of the work. She said she would like to have the By -Laws done eveh though they are not revised so they can at least be read. Mrs. Morey suggested that when Mr. Judd is in again he be shown the By -Laws and asked to submit a priceas to how much it would cost. Petition was received from the Boston Edison Company and the New England Telephone .and Telegraph Company for relocation of a j/o pole on Bedford Street 205 feet northwest of Worthen Road. Mr. Gayer explained that the relocation is to. enable the First National Stores to widen their driveway. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sigh the orderfor the following j/o pole reloca- tion: Bedford Street, southwesterly side, ap- proximately 205 feet northwest of Worthen Road, 83 By -Laws 84 Pole location Sewer extension Young Street RequeEt for Water Asbury Street One pole. One existing j/o pole to be removed. The Chairman read a letter from A. Clifford Fletcher requesting extension of the sewer, under the Betterment Act, to service 112 Spring Street. Mr. Gayer reported that this extension would be about fourteen feet deep and is solid ledge. The Chairman was authorized to advise Mr. Fletcher that his request will be included in the 1958 budget and considered when appropriations are being discussed for presentation to theAnnual Town Meeting in March. The Chairman read a letter from Dominic Simeone, requesting installation of sewer in Essex Street. It was felt that this would be an item for the 1958 budget but Mr. Gayer was instructed to obtain more information relative to the installation of sewer in this street and also in Laurel Street. Petition was received frog residents of Young Street requesting that the street be accepted from #24 to #34 Young Street does not connect to an accepted street, but has been constructed according to the Towns specifications. A street now under construction by Mr. Frizzore, when completed, will connect to Young Street. Mr. Gayer was instructed to obtain more definite information as to the time when Frizzore's street will be finished. Mrs. Joan Sheehan's request for water at 51+ Asbury Street was held over. Mr. Gayer reported that he received a petition from Asbury Street for' installation of sewer and street construction. He presented a plan and explained the location of Mrs. Sheehan's house. He said an extension of 200 feet would reach her lot, but if the street is to be constructed, he thought the water should be put in the entire length. The Chairman asked if the petition was for both street and sewer and Mr. Gayer replied in the affirma- tive, ffirmative, The Chairman asked if, providing funds are avail- able, Mr. Gayer could get a contractor to do this and do Freemont Street. He said if there is enough money, he would be in favor of inviting bids and getting these two pieces done. Mr. Reed asked if all that was needed was another shovel, and Mr. Gayer replied in the negative. He said the biggest job is laying the pipes. 1 85 The Chairman read another letter from Edward R. Stockdale, 6 School Street, in reference to the Boardts Tree letter of September 26th denying his request for re- removal imbursement of money paid by him for the removal of a tree. The Board was of the opinion that there is noth- ing to justify a change in its decision. The Chairman read a letter from the Department of Public Works advising that J. J. Carroll Construc- tion has requested an extension of time on Chapter 90 work on Concord Avenue. The Department recommended an extension to November 23, 1957. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the J. J. Carroll Construction an extension of time on Chapter 90 work, Concord Avenue until November 23, 1957. The Chairman read a letter from Miss Edith A. Tuttle, 12 Hancock Street, complaining about an old barn and fence at the railroad track near her house. The Board felt this was something over which it had no jurisdiction and referred it to the Historic Districts Commission for a possible solu- tion. The Chairman read a letter from the Planning Board to the State Department of Public Works rela- tive to the re -design of Route 2 and the recently completed major street plan for Lexington. Mr. Gayer said that he is of the opinion, if the Board could spare some time, that it should sit down with Mr. Snow to discuss this and he would like to be present also. He said there is a substantial amount of money involved and if he tries to get estimates on all that was brought up, it will take about six months. The Chairman said he thought the Board should devote a whole evening to the subject and go into it thoroughly. It was agreed to meet Thursday night, October 2Ll_th, if it is convenient for Mr. Snow and the Plan- ning Board. Mr. Gayer said that his estimate on sewer services at this time indicates that he will need approximately $4,000. He reported that he will have about $1,500 after this week's bills are put through. He.said if the estimates are correct and the weather is right, he will probably spend about $8,000. The Chairman suggested that Mr. Gayer call the matter to the Boardts attention again when the ac - Chapter 90 Complaint Route 2 8ti count is down to about $1,000, at which time con - Water sideration can be given to requesting a transfer services from the Reserve Fund. Mr. Gayer retired at 11:00 P.M. Letter was received from Mrs. Henry J. Gartin, 11 Fairview Avenue, advising that she would like to acquire title to the parcel of land located between so-called old Wood Street and new Wood Street. The Chairman was authorized to advise Mrs. Gartin to consult an attorney for advice and assist- ance in acquiring this property. The Chairman read a letter from Raymond F. Sewer Boudreau, owner of Lot L., Lowell Street, requesting betterment deferment of the sewer betterment assessment levied deferred against this lot. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of #389.33 sewer betterment assessment, without interest, until said land or any part thereof is built upon, sold, or until the expi aQ n of three years from the date hereof, whichever/o�'cl±s first; provided however, that this extension of time shall terminate immediately if the facilities of the sewer main are used for said land or any part thereof. The Chairman read a letter from Mr. Carroll advising that the additional voting machines are due for delivery any time after November 1st. He said that it will be necessary to change the voting places of precincts one and two because there is no storage space in the Adams School or the East Lexington Fire Station. Mr. Carroll suggested precinct one at the Harrington or Munroe School; precinct two and three at Cary Hall; precinct four at the Senier High School; precinct five at the Central Fire Station and precinct six at Maria Hastings School. Mrs. Morey said if the voting at the Adams School was downstairs, she felt sure there would be room to store the machines. • Mr. Maloney said he thought there was storage space available in the basement of the East Lexington Fire Station. The Board decided to view the voting places be- fore making any decision relative to Mr. Carroll's suggestions. The Chairman read a letter from the Planning Board stating that it is their understanding that office space is to be rearranged upon completion of the new Police Station. The Planning Board has Voting Precincts 1 87 in mind continuance of its present office and the addition.df the office now used by the Cemetery Commissioners. Mr. Reed reported that Fred Johnson, a member of the Standing School Building Committee, said that they would like to take over the Barnes property for the Superintendent of Schools. The Chairman said he thought the Board should spend an evening to discuss this entire situation and determine who is going to go where and why. Mr. MalonRy e plained that the furniture and "t' equipment/Plie ew building has been purchased for the people they determined were to Office be in that building. space The Chairman said that as far as the old Town Office Building is concerned, and arrangements for the Barnes property are concerned, nothing definite has been done. Mr. Reed said that Mr. Johnson told him rather than lose three class rooms he would like to see the Superintendent of Schools located in the Barnes building. The Chairman read a letter from Gerald E. Foley, 76 Adams Avenue, Everett, requesting permission to hunt in that part of Lexington known as the Great Meadows. The Chairman was authorized to advise 1Ir. Foley that, according to our By -Laws, permission must first be obtained from the owner of the land, Lexington not being the owner, and then from the local Chief of Police or Board of Selectmen. The Chairman read a letter from the Town Meeting Members Association stating that they definitely want heads of departments present at Town Meetings. Mr. Reed said that the Board of Selectmen is the head of Public Works Department and not the Superin- tendent. Mrs. Morey said she thought the only way it could be done as the way the School Department does it. The Superintendent is present but never has to say atiyth±ng. She said the Town Accountant is also present and he does not have to say anything. The Chairman said he presumed the Association means the head of the Fire and Police Departments, Board of Assessors and Cemetery Commissioners. Mrs. Morey suggested that the Chairman acknow- ledge the letter and ask what is meant by depart- ment heads. The Chairman reported that James M. West has resigned from the Standing School Building Committee Hunting Department heads at T own Meeting S8 ;resignation and it will be necessary for the Board to appoint someone to fill the vacancy. The Chairman said that during. the Bummer, the Board did not complete viewing tax title properties tpx title and asked if it would be convenient to continue this on Saturday. It was agreed to discuss those parcels that the Board had looked at on Thursday night. The Chairman said that he has received two or three letters from other towns who want a copy of Salary Lexington's salary schedule. They have sent copies plan of their schedule now in existence and contemplated changes. He said it is plain to him that Lexington :s salary plan will have to be revised this year upward to be in line and it will be a major job to do that. He said he would be glad to undertake it if the Board wanted him to. No one objected and it seemed apparent that the other members of the Board would like to have the Chairman continue his work on the schedule. 'Tax title The Board gave further consideration to Mr. William E. Maloney.':s offer of $400 for lot 5 Mass- achusetts Avenue (Munroe East Lexington). Apro- posal to sell this lot was advertised in the October 17, 1957 issue of the Lexington Minute -man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was voted that the offer be accepted and that Lot 5 Massachusetts Avenue (Munroe East Lexington) be sold and conveyed to Mr. Maloney. The meeting adjourned at 11:35 P.M. A true record, Attest: ftmak MC 1 SELECTMEN'S MEETING October 28, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 28, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. •Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. - • Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following individuals were drawn for jury duty:. Jacque A. Hogg, 111. Maple Street, Edmund LaFlamme, 5 Fairland Street, Brooks Davis, 1 Benjamin Road and James W. Coveney, 12 Revolutionary Road. Mr. Carroll retired. 89 Jurors The Chairman read a letter from Ernest J. Corrigan advising that in view of the fact it is imperative that water and sewer facilities are provided for his sub -division, he proposes to install these utilities Corrigan in co-operation with the Town during the construction subdivision of the "board of survey" street, but in so doing, does utilities not waive his right, in any manner, to seek compensa- tion and/or reimbursement from the Town for his ser- vices and expenses incurred in the installation of the utilities. Mr. Stevens advised the Board that he would draft a reply to Mr. Corrigan's letter. The Chairman read a copy of a letter sent to Mr. Corrigan; signed by Mrs. Marek, Chairman of the School Committee, advising that his request for an extension of time to use school property at the Lexington High School site had been denied and unless he complies with the decision, the Committee will have to enforce Use of the decision. school Mrs. Morey called attention to the fact that land by Mr. Corrigan will have to go into the school prop- Corrigan erty to connect his subdivision to the sewer. Mr. Tucker asked why the School Committee was adamant in its letter and the Chairman said all he knew about its decision was the information contain- ed in the letter. Mr. Stevens reported that Mr. Gould advised him that' Mr. Corrigan has not made another access avail- able. 90 Pole location Mr. Stevens asked Mr. Gould if Corrigan had the legal right to another access and he replied that he did not know. He said that Corrigan handles so much of this himself that he is not informed. Mr. Stevens told Mr. Gould that Corrigan only comes to the Board when he has to. Mr. Maloney said he was wondering what authority the School Committee has. Mr. Reed said he thought, in getting the road away from the school, wasafavor to the achool and he thought it was just common courtesy for, the Com- mittee to permit Corrigan use of the land. Mr. Tucker asked how long it would be before the new road was completed and Mr. Gayer replied that it would be about a month. The Chairman said that as far as he could see no action is necessary by the Selectmen as the use of the road is something between Corrigan and the School Committee. Mr. Reed said that Corrigan is going to connect the sewer and will have to have access to get in. Mrs. Morey said that the Selectmen should write the School Committee and advise them of the situation relative to the sewer connection and explain that the water service is going to Waltham Street so he will not have to use the street for that connection. The Chairman was authorized to so advise the School Committee. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for a j/o pole location on Spring Street. Mr. Gayer explained that the distance described in the original petition was 585' and it should have been 535' which necessitated another hearing. No persons appeared in favor or in opposition. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location: Spring Street, northwesterly side, approxi- mately 535 feet northeast of Shade Street, one pole (one existing j/0 pole to be re- moved.) The Chairman read a letter from A. Clifford Fletcher with further reference to his request for extension of a sewer main to service his house at 112 Spring Street. Mr. Fletcher explained that due to circumstances imposed upon him by the State, his house will be ready for occupancy in November, 1957. 1 The Chairman explained that Mr. Fletcher lives on Blossomcrest Road and has received notice from the State Department of Public Works that he must vacate by June of this year. The State then served another order ex- tending the time to anindeterminate date so he does not know when he will have to move. The other problem is that he borrowed money to build the new house in ex- pectation of receiving money from the State. Mr. Maloney asked if Mr. Fletcher would pay the entire betterment and Mr. Gayer replied in the aPfirma- tive. He said the problem is that this extension in- volves a depth of fourteen feet of solid ledge, but if so instructed by the Board, he would try and do the project somehow. Mrs. Morey asked how many requests Mr. Gayer had received for sewer extensions fromindividuals need- ing help just as much as Mr. Fletcher. Mr. Gayer replied that he has quite a few but the circumstances are different. The Chairman asked where the money would come from presuming there is time and available equip- ment. Mr. Gayer replied that he thought he had enough money. The Chairman asked how much money is involved, and Mr. Gayer replied that it will cost several thousand dollars. He said he would want to extend it to at least the next manhole unless he knew definite- ly that the sewer would not be used beyond Mr. Fletcher's house. He said that there is land on the other side. Mr. Maloney said if the Board knew how far the State .intends to go into this area, the Board might decide not to extend the sewer at all. Mr. Gayer said that there is also the possibility of the relocation of Spring Street. Mr. Maloney said he did not think the Town should spend several thousand dollars without knowing more about the State's proposal. The Chairman said that he presumed the relocation of Spring Street is fairly well established on a plan and if a copy of that plan could be obtained, the Board would then know where it comes in relation to this property. Mr. Gayer said the State would, not give him a copy and Mr. Reed said they might be willing to give some information if it was explained that the Board is considering installation of a sewer in Spring Street. The Chairman instgggpeOlIr. Gayer to obtain whatever information f om a State and then the Board will decide what action to take on the re- quest for the extension of the sewer to serve the house at 112 Spring Street. 91 Request for sewer extension Spring Street 92 Mr. Donald Jenkins and Mr. Roger Westcott met with the Board to discuss further acceptance by the Town of Dane and Foster Roads, Mr. Gayer reported he had given Mr. Jenkins a maximum figure of $15 and explained to him that it would not exceed that and probably would be less.. He said he has never written one for less than that for regrading and putting in the blacktop. Mr. Reed recalled that•Buckman Drive and some other streets were less. Mr. Gayer reported that Moonhill was $7.50 and that street was paved. He said he did not think a lower figure should be used. Mr. Jenkins said that he has not had any success in obtaining a petition for the construction of Sher- burne Road. The Chairman asked if he meant no one on Sherburne Road would sign and Mr. Jenkins replied that no one will take the petition around. Mr. Foster said he did not feel he should go around with it. Mr. Jenkins said that from heresay about one third of the people involved are in favor. He report- ed that there are six people on Foster Road who would like these streets accepted and four on Dane Road. He said that only eight people are involved on that part of Sherburne Road where they cantt•get signatures. He said there is a total of 565 of the people involv- Foster ed who are in Favor. and Dane The Chairman asked how many on Dane and Foster Roads Roads did not want the street accepted and Mr. Jenkins replied that there are none. The Chairman asked if he meant 100% were in favor and Mr. Jenkins replied in the affirmative. He said one person is now abroad but he would sign. He said more people are in favor than are opposed and that is another reason why it should be put through. He said that there are four houses now in the building stage on the continuation of Dane Road so in 1958 there will be four additional taxpayers whose street is built to Town specifications and there will be 63%. The Chairman asked if those four people were in favor and Mr. Jenkins replied that there is no reason why they wouldn't be. Mr. Jenkins said that there are nineteen lots, including the four being built on now, plus eighteen he spoke of first or twenty- nine out of thirty-eight that want this, or a total of 76% of the individual lots. The Chairman said he still thought they should have some signatures from people on Sherburne Road. Mr. iabsttrett asked if a package deal of Foster, Dane and Sherburne could be worked out. 1 93 The Chairman said that the Board has in the past considered two unaccepted streets coming in as a unit, but he did not know that the Board had con- sideredalready constructed to Town specifications as a unit. Mr. Reed pointed out that there are two streets already constructed so they could not even be in- cluded in the same article. Mr. inbst'cett asked if the policy the Chairman spoke of has been in effect since the Town of Lex- ington was incorporated. The Chairman explained that it has been in effect for a long time and there is a good reason for it which was explained last week by Mr. Stevens. Mr. Reed said that there is nothing that says the Board won't go along or that it will. Mr. Jenkins said he thought the Board would not go along. - Mr. Reed said he thought signatures should be obtained from Sherburne Road because if the Board forces this on those people there will be hard feel- ings. However, if someone explains to them what the situation is, there will be harmony. Mr.idAstegtt said that one person on Sherburne Road said they are trying to collect $25 from each individual to have the street patched. Mr. Reed said that then those holes would be ripped up and the people on Dane and Foster Roads would not be paying anything. The Chairman explained that the Board could not definitely say that it would go along with these streets until some time before Town Meeting after a hearing. is held, which the Board is required to do. Mr. Jenkins asked if that would be too late for 1958 and the Chairman replied in the negative. He said that he strongly urged that signatures for Sherburne Road be obtained. Mr. Jenkins asked if his petition now was held in abeyance and had not been turned down and Mr. Reed e•repiied in the affirmative. 'Mrs.. Morey asked how many undeveloped lots there are on Sherburne Road and Mr. Jenkins replied only one. The Chairman recommended obtaining as many sig- natures as possible and explained that it would have better results at the public hearing. Mr. Maloney stated that this has to be sold to the Town Meeting, and Mr. Reed said that the Planning Board also has to approve it. Mr. Jenkins asked what would happen if he can't get signatures from Sherburne Road and the Chairman explained that Town Meeting might act unfavorably even if the Selectmen recommended acceptance. 94 Messrs. Jenkins and Westcatt retired at 8:15 P.M. Mr. Angelo Busa, 187 Grant Street, and his son met with the Board. Mr. Busa said he wanted to know why the Town has not taken care of his bridge, and said it is delaying his work. He said that he wants to start hauling fertilizer tomorrow and has no place to put it on the other side. He said the bridge was taken care of by the Town when it was built in 1938. The Town agreed with him to have a good bridge. He said the bridge broke down and he came to the Town Hall and complained that the bridge was impassable. The Town ripped the old bridge and built a cement bridge. The Chairman asked if Mr. Busa had an agree- ment with the Town. Mr. Busa replied that there was no agreement either way to fix it or not to fix it. He said. the road used to belong to Simeone and the only road with a right-of-way is thirty-three feet right-of-way from Grant Street. He said there was a bridge'before he bought it. He said when he bought the land, he built a bridge. He started cutting down the trees and put them across the brook. When the Town took his land, he was asked where he wanted the bridge and he said it was•better to have it in the middle. He said the Town did not sign anything to agree to take care of the bridge or not to take care of the bridge. • Mr. Reed said that Mr. Busa mentioned a right- of-way and asked if it is still there. Mr. Busa replied in the affirmative and explained that it is from Thomas Cavanaughts to Bowser's. He Busa's said it is a private right-of-way, anyone can go. bridge through and no one can stop them. The Chairman said it appeared to be a public way and Air. Busa said he never stopped anyone from using it. The -Chairman explained that the Board has been trying to find some agreement and Mr. Busa said that there is no agreement at all one way or another. The Chairman explained that an agreement would give the Board a reason to repair the bridge. • Mr. Busa said that when the bridge was there, he owned the land on the other side of the brook and there was no way to get into it. Mr. Salvucci asked him where he wanted the bridge and for his convenience he said he wanted it in the middle of the farm. The Chairman asked if •this was ln 1938 and Mr. Busa replied in the affirmative. • The Chairman said that it was then replaced in 1950 and Mr. Busa said that there was no signature or anything either way, and the Town took care of the bridge twice. 1 95 Mr. Reed said if, and repeated the if, the Town decides to repair the bridge would Mr. Busa expect the Town to continue to take care of it. Mr. Busa said years ago the Town was small and very little water went through Vine Brook. Now there is a lot of drainage through that brook,and the Town should take -care of the bridge. He said at one time there was no water at all and now all the drainage goes through it. The Chairman asked if the brook was widened in 1938 and Mr. Busa said it is 45' wide now. The Chairman asked if that was the width of the bridge or the stream and Mr. Busa replied the bridge . and the brook. • Mrs. Morey asked if there were any other bridges constructed in 1938 for other people. Mr. Busa said he did not remember. He said the Town built a bridge for Bowser and built a dam and the Town is still responsible for the darn. He said there is a bridge at Bowser's, one at Burnhamt and his. The Chairman said that the Board would continue to discuss the subjeot and see what can be done. Mr. Busa said he hoped the Board would be quick because he has seventy-five loads of fertilizer he has to bring over the bridge. The Chairman asked if he could cross it now and Mr. Busa replied in the negative. He said he could cross with a small tractor but not with a truck. The Chairman said that the Board would decide something and let Mr. Busa know. Mr. Busa and his son retired at 8:40 P.M. Mr. Reed reported that he.called Mr: Burnham. Mr. BUrnham said^that the Town constructed the bridge in the W.P.A. days and it is a different type of bridge. According to him, the Town owns the bridge and the bridge is on the easement and he certainly would expect the Town to maintain it. Mr. Reed said that a 45' bridge is a difficult bridge to maintain andrit'1 a'wide bridge to ask a land owner to maintain when it is taking water frog the Town. Mr. Stevens asked what was being done on the other bridges and Mr. Gayer replied that they are.a different type bridge. Mr. Reed said that when this bridge was construct- ed, the pillars on the bottom were not put down far enough to take' care of it and Mr. Gayer agreed. Mr. Tucker said the most convincing argument for maintaining the bridge is the fact that the bridge was widened out. • The Chairman said that there was a bridge across 96 a brook and by development of the Town the quantt y of water was increased to the extent it damaged the bridge or its support. Mr. Stevens said he would like to know how wide the taking is. In some circumstances the Town might be liable and in others it might not. He explained that the release covers the quantityy of water. He said ordinarily the Town is not obligated to build bridges across a brook. The Chairman asked what more the Board needed to make a decision and Mr. Stevens said possibly Mr. Burnham would remember something. Mr. Reed said that the original estimate to redly construct the bridge which is now on Busa's land was $3,000. Mr. Gayer said if the Board wanted him to, he would work up an estimate, but he would like to make some punchings. underneath the piers. The Chairman asked if he could do that in a week, and Mr. Gayer replied in the affirmative. The Chairman said he thought Mr. Gayer should find out what the situation is and also get an estimate of what it will cost to repair it. Mrs. Morey asked why Mr. Gayer should get an estimate until the Board decides what it is going to do. She said the Board should tell Mr. Busa either the Town will fix the bridge or it will not. Mrs. Noonan, Mrs. Ryan, her sister and another sister met with the Board in regard to tax title lots 35 and 36 Hillcrest Street sold and conveyed Tax to Mr. Harry M. Sullivan. title Mrs. Noonan said that these lots were formerly owner by her father, Mr. Roma, and they are interest- ed in getting them back. Mr. Stevens explained that the right to redeem the land,was foreclosed before the sale by the Board of Selectmen. Mr. Stevens said it was handled by the Town Treasurer and he supposed notices were sent out. Mrs. Ryan said she was up here last summer her- self and did get a letter saying she would get'a price. Then she received a letter from the Land Court. Mr. Stevens said that if she contends she still owns the land, she should enter an appearance at the Land Court. Mr. Stevens asked if she had been told she would have an opportunity to purchase the land and Mr. Maloney asked if she made an offer. Mrs. Ryan said they did not make an offer but were told to write a letter making an offer. She said she wrote a year ago and received an answer advising wheat 1 97 she could purchase it for. However, she was taken ill and went to a hospital and never followed it through. She said they have still been talking about it not realizing it was sold. Mr. Stevens ekplained that is why a notice was sent from the Land Court so they could attend the hearing and protest the validity. Mrs. Ryan said they were wondering what it was sold for. Mr. Stevens explained that once a tax taking is made, the property is held by the Town Treasurer. If the unpaid taxes and costs are not paid, the right to redeem the land is foreclosed. The property is than reported to the Selectmen as property which was tax title and the right to redeem it has been fore- closed. He said the Selectmen advised her what they would sell the land for, but apparently the offer was not accepted and at a later date, someome else wanted to buy it. He explained that it was advertised and the Board accepted the offer. He said if Mrs. Noonan claims any right tothe property because she thought her right to redeem it was not properly term- inated, she should take it up with the Land Court. He said,that it has gone completely beyond the juris- diction of the Board of Selectmen. Mrs. Ryan asked if she could find out what it was sold for and Mr. Stevens replied that the price has nothing to do with it. Mrs. Ryan said she should have been notified when the land was being sold, and Mr. Stevens ex- plained the notice she should have received was at the time Of the foreclosure. He said that whoever filed a petition in the Land Court has a deed. Mrs. Ryan said they should have received a notice. Mr. Stevens explained that she was offered the property at a price but she did not accept So+natur- ally the Board assumed she was no longer interested in acquiring the property at that price. Mrs. Noonan asked if they would have to go to the Land Court if they want the property back and Mr. Stevens explained that they will have to buy it back from the present owner or tell the Land Court it was not properly foreclosed. He said that -the Selectmen cannot undo what they have done. Mrs. Ryan asked if they could find out what the land was sold for as they are particularly interes- ed in that. Mrs. Noonan said that the price was their business and Mr. Stevens disagreed. He said their rights added when the property was in the Treasurers Office, 98 When it came to the Board of Selectmen, it was proper- ty of the Town. He said they asked if they could buy it and were told what they could buy it for. They went no further than that so they have no business now with the Selectmen. He explained that the price for which the property was sold has nothing to do with it. Mrs. Ryan said she would like to know. The Chairman said that if there was no objection, he has the figure. Mr. Maloney explained that there were betterments. The Chairman said that the price,includimg better- ments, for these two lots was $2,321.90. Mrs. Ryan said that was the price offered to her and asked what Mr. Sullivan paid for it. The Chairman replied that Mr. Sullivan paid $2,321.90. Mrs. Ryan said that she would engage a lawyer as she intends to follow this through. The group retired at 9:10 P.M. Sewer Mr. Gayer reported that he still needs $4,000 services for sewer services. The Chairman asked about the balance in the ac- count, and Mr. Gayer replied he has about $1500. Mr. Gayer reported that he has received another application from the Mystic Valley Gas Company for Permit permission to install a 4" steel high pressure gas main in Appletree Lane which replaces the permit submitted on October 114., 1957. Upon motion duly made and seconded, it was voted to rescind the vote of October 14, 1957 granting permission to the Mystic Valley Gas Company to install a 4" steel high pressure gas main in Appletree Lane. Mr. Maloney asked if the installation of this main would necessitate digging up the hardtop and !tyle) Mr. Gayer said that the company could not dig up the hardtop unlvss it obtained easements from the owners. He explained that the main will cross Town pavement but it will be on the pavement along Apple - tree Lane. Upon motion of Mr. Maloney, seoonded by Itr. Reed, it was Voted to grant permission to the Mystic Valley Gas Company to locate a 4" steel high pressure gas main in Appletree Lane according to the plan sub- mitted with the petition dated October 28, 1957. Mr. Stevens stated that Mr. Gayer sent him notice of an accident involving a Town vehicle driven by Samuel Redman and a vehicle owned by Nary Tagg and operated by Agnes Tagg. r -C aa 1 99 Mr. Redman said his vehicle was parked near Colony Road and the Fiske School and when he started, he backed into the Tagg car. Mr. Stevens received an esti- mate of $92.35 to repair her car. Mr. Gayer submitted another estimate which he Accident received this afternoon in the amount of $85.85. Claim Mr. Stevens explained that Mr. Redman was clean- ing catch basins at the time. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to authorize settlement of the claim in the amount of $85.85; Mr. Stevens to prepare the nece- sary release. Mr. Gayer retired at 9:30 P.M. Letter was received from the Arlington Board of Selectmen relative to a meeting scheduled to be held Trains in that Board's office on Tuesday, October 29th at 8:00 P.M. for the purpose of discussing proposed curtailment of train service and The Great Meadows. A copy of the communication was sent to each member of the Board and also to Town Counsel. Great Meadows The Chairman read a letter from the Outdoor Advertising Authority advising that at a meeting of that Board, John Donnel]y & Sons' application #10580, Sign for sign 93-95 Massachusetts Avenue, Lexington, was considered and given leave to withdraw. The Chairman read a letter from the Massachu- setts Conservation Council, together with a copy of Chapter 223, an Act authorizing cities and towns to establish conservation commissiors to promote the development of natural resources, and to appropriate money therefore. Mr. Stevens said offhand he did not see any necessity for such a commission and Mrs. Morey sug- gested that a copy of the letter and Act be submitted to the Planning Board for any comments that Board may care to make. Notice was received from the M.D.C. advising that a public hearing will be held at the office of the Commission, 20 Somerset Street, on Friday, November 1st at 3:00 P.M., on the subject of Proposed Improve- ments or Extensions to the Metropolitan Water Supply M.D.C. System. annual Mr. Stevens explained that this is an annual meeting meeting to advise cities and towns what the Commis- sion plans to do. 'He said that there would be a written report and he would be glad to obtain one for the Board. Conservator Commis SIMS 100 Statement from the M.D.C. relative to current appropriation accounts was noted and placed on file. The Chairman read a letter from Whitman & Howard Water advising that they expect to deliver a report by the study end of November on the water study now being trade for the Town of Lexington. Mr. Stevens retired at 9:40 P.M. The Chairman read a letter from Superintendent John Blackhall Smith relative to the availability of space in the Barnes property as a possible Central Office of the schools. Letter from the Planning Board inquiring about additional space in the Barnes property was held over. The Chairman explained that the School Depart- ment wants 4,000 square feet. Mr. Maloney said that appears to be all of the Use of room and thought the Board should not make a decision Barnes immediately. property The Chairman reported that he had Mr. Gayer ob- tain some floor plans and he suggested that the Board discuss the entire subject some evening. Mr. Reed said that there are floor plans of the present Town Office Building prepared in conjunction with the new Police Building. Mr. Carroll's letter relative to proposed change in the voting places for Precincts One and Two was held over. Mrs. Morey suggested that the Board contact Mr. Smith to find out where the new voting machines can Voting be stored. precincts The Chairman agreed to discuss the subject with Mr. Carroll and find out how he determines there is not sufficient spaee in these two precincts. He also agreed to look at the East Lexington Fire Station to see if there is any space available. Application for Certificate of Incorporation was received from the Secretary of State on behalf of Cert. of George Bourget, 9 Marlboro Road, the corporation to Inc. be know as the Key - Bird Flying Club Inc. Satisfactory character reference was received from the Chief of Police. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign the application. Application for a peddler's license, with certif- icate of character, was received from Edward G. Sullivan, 6 Cottage Street. Peddler's license 1 SELECTMEN'S MEETING November 2, 1957 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday morning, November 2, 1957, at 9:00 A.M. Chairman James, Messrs. Maloney, Tucker and Mrs. Morey were present. Mr. ,Gayer, Superintendent of Public Works, and the Executive Clerk were also present. The Board gave further consideration to Mr. John A. Sharkey's offer of $50 for tax title lot 13, Hazel Road. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to entertain an offer of $200, the offer to incle40 a forty foot setback so that the road when constructed will swing away from his. garage; the deed also to contain a restriction whereby this lot will not be built upon individually. Mrs. Morey suggested, and the Board agreed, that tax title lots not be advertised on Thursday to be con- sidered on the following Monday but have the offers considered a week from the following Monday. It was also decided to send a copy of the advertisement to the abutters. Further consideration was given to an offer of $1,000 for lots 213-258 Asbury Street from Mr. Joseph Sheehan. It is the Board's understanding that Mr. Sheehan has passed away so it was decided to write Mrs. Sheehan and state that it is assumed she is no longer interested in acquiring the property and to advise the Board if this assumption is not correct. The Board gave further consideration to Mr. Paul B. Llepd's offer of $500 for tax title lots 228 through 233, Freemont Street. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted that a proposal to sell the lots be ad- vertised in the Lexington Minute -mom and that further consideration be given the offer in two weeks. Further consideration was given to Mr. Robert R. Williams' offer of $150 for tax title lot 11, Short Street. The Clerk was instructed to find out who owned lots 5 through 10 and if the Town does not own them 102A Tax title Tax title Tax title Tax title 102B a proposal to sell lot 11 is to be advertised in the Lexington Minute -man and further consideration is to be given Nr. Williams' offer in two weeks. Further consideration was given Mr. Onel Deflice's offer of $100 each for tax title lots 1 and 2, Block 29, Reed Street. Upon motion of Mr: Maloney, seconded by Mrs. Morey, it war voted to entertain an offer of $200 each plus sewer betterment assessment of $175. The meeting adjourned at 10:20 A.M. A true record, Attest: 103 SELECTMEN'S MEETING November 4, 1957 A regular meeting of the Board of Selectmen'waa held in the' Selectmen's Room, Town Office Building, on Monday evening, November 4, 1957 at 7:30 P.M.,flesers*; Reed, Maloney and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Bertram P. Gustin came into the meeting' and said that arrangements have been made to conduct Thanksgiving services "on the evening of November 21i.th in the Senior High School Auditorium. The services will include Catholic, Protestant and Jewish faiths Thanksgiig and the speaker will be Judge Felix Forte. Musin services will be furnished by the Lexington Choral Society. Mr. Guatin explained that the entire Board is invited to attend and the Committee would like to have someone from the Board, preferably the Chair- man, read the official State proclamation. The program will commence at 8:00 P.M. Mr. Gustin reported that the Committee has 3a little money left and All need a little more to pay the school custodian and for printing the programs. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to have Mr. Reed serve as Chairman in the absence of Mr. James. The Chairman read a notice from the Department' of Pubiic Utilities re petition of the Boston and Maine Railroad for approval by the Department of the substitution of present protection Monday through Friday from 6:15 A.M. to 12:00 Noon and from 4:50 P.M. to 5:30 P.M. at its Woburn Street grade crossing for Woburn protection by stopping trains before crossing with Street a member of the train crew preceding train with a red grossing flag by day and red lantern by night. A public hearing is to be held in room 166, State House, on November 18th at 2:00 P.M. Mr. Stevens explained that this notice'takes the place of the former petition for flashing signals and bells. He stated that it is difficult to oppose it as it is a safe way, the train has to come to a stop. Mrs. Morey said it is a safe way to a point. She has been.:many, many people skid at the North Lexington crossing. 104 Hearing re: Curtailment of Train Service Street lighting Mr. Stevens reported that this Stop and Protect method is used at Lake Street, Arlington, where the traffic is heavy. He suggested that the notice be re- ferred to the Traffic Study'Committee and also that a copy be sent to the group that was interested in the original petition. Mr. Stevens referred to the petition of the Boston and Maine Railroad to discontinue two trains. The Chairman read a letter from the Brotherhood of Railroad Trainmen stating that the D.P.U. has changed the hearing dates at up in November to December 3, 4 and 5 in the Gardner Additorium to start at 10:00 A.M. on December 3. Mr. Stevens suggested that the Board of Select- men hold a public hearing in Estabrook Hall and invite all interested citizens to attend. He further suggest- ed that.the Board insert a notice in the paper and ask Mr. Adams to give the subject some publicity in the editorial column. It was agreed to schedule a hearing in Estabrook Hall on Monday, November 18th, at 8:00 P.M., the Board to begin its regular meeting that night at 7:30 P.M. and return, if necessary, after the hearing in Bata - brook Hall. Mr. Marden, representing the Boston Edison Com- pany, met with the Board. He explained that he came out this evening at Mr. Gayer's suggestion in regard to proposed changes in street lighting on Massachusetts Avenue. He re- ported that the company's' lighting engineer has made recommendations and thought he laid this out about nine years ago. He 'said the lighting is not too bad now. If the Board desires to improve it and bring' it up to more modern standards, he recommended 15,000 lumen lights. He reported that the City of Waltham has them on Main Street; Watertown will have them on Galen Street. The estimated increase in cost for 15,000 lumen lamps would be $7.30 per year. He explained that the job has not been engineered out in the field to deter- mine the installation cost, but it might cost the Town between $3,000 and' }.,000 for making changes in the street lights on Massachusetts Avenue between the points in question. Mrs. -Morey asked if any thought had been given to improving the lighting without changing the lumens. She explained that she meant more poles or different placement of poles. Mr. Marden replied that the pole locations are very desirable, and it would be just an increase in lumens. He said if the company put in incandescent lights, the operating cost will be more. 1 105 Mr. Gayer mentioned the color of the lights and Mr. Marden stated that they do have a light color, greenish blue. He said there has been no objection from any of the susto a s, that they are being accepted, and Needham has just/tEMm put in their shopping center. He said that in Quincy all the lights will be of mercury vapor type of installation. The Chairman asked if Mr. Marden was referring to replacing the fixtures that now exist, and he replied in the affirmative. Mr. Marden said that they would put on a bal- last and a new luminaire on the present pole. He explained that they have to rewire in the manholes. The Chairman asked if the Board extended itbe- yond the now existing underground lighting system if it would be less expensive to do it at this time. Mr. Marden replied that if the lights to be replaced are twenty-five. years or are older than the p esent'ones then the average age would be more than fine years and the company would absorb more of the cost. He said, however, that Waltham Street would be a separate street itself. Any installation on that street, the average age is over twenty-five years so there would be no installation charge. He said that he did not know what the lighting engineers would recommend. As far as installation cost is con- cerned, there would be none for the Town of Lex- ington. If the wires were underground, however, that would be different. If the fixtures are twenty-five years old and the company is just replacing the lamp post, there would be no cost to the Town. ' The Chairman said he was thinking about Muzzey and Clarke Streets as it is dark on both those streets. Mrs. Morey asked how many poles there are on Massachusetts Avenue and Mr. Marden replied in the area considered, from Bedford Street to Woburn Street, there are thirty-two. He said a hurried estimate figures about $10,000 as the overall cost. He explained that they deduct the added new business and take a propor- tionate amount of the bill 9/25's which will cost the Town about $3500. He said he would obtain an exact cost from the engineering department and there would be no obligation. However, if it is something the Board is not interested in at the moment, they would hesitate to tie up their engineering department. Mr. Gayer explained that the Chamber of Commerce originally brought the subject up and he was asked to obtain an estimate of the cost. The Chairman asked if this was something Mr. Gayer expected to do now or next year, and Mr. Gayer replied that it is something to be included in next year's budget. 106 The Chairman suggested obtaining a cost estimate for the budget to include Massachusetts Avenue, Waltham Street, Clarke and Muzzey Streets. Mr. Maloney said he thought the estimate should be obtained now. The Chairman requested Mr. Gayer to obtain an exact figure for the 1958 budget. Mrs. Morey explained that the Board must not do any- thing in the area by the Library without consulting the Historic Districts Commission. She asked if the Board could have a figure also for putting brighter lighting down Clarke Street, down Muzzey Street and down Waltham Street and keep what is on Massachusetts Avenue. The Chairman said he was asking for an estimate of the installation cost and he assumed there would net be any on these otrter streets. Mr. Maloney said he did not think there should be a very bright light coming into Waltham Street and then enter into darkness on Massachusetts Avenue. He said there is much better lighting in the parking area:•than there is on Massachusetts Avenue and he thought every- thing should be considered. Mr. Gayer said he was considering going down to Park Drive on Waltham Street and asked if the Board wanted to go down that far on Muzzey Street. Mr. Maloney said he would think so. The. Chairman asked if an estimate could be pre- pared by December 31st and Mr. Marden replied in the affirmative. The Chairman referred to the road between Depot Square and said that it seemed to him that something. should be done to improve the lighting in that area. Mrs. Morey recommended Meriam Street as far as the railroad crossing. The Chairman said that something,apould be done with the semicircle going in around/Ddr6t. Mr. Marden said he would have an engineer make a report. Mr. Marden said that there is a lamp post at the Town Hall which the Town wants moved and for which there will be a charge. Mr. Gayer explained that it is necessary to move it because the driveway is to be widened. Mr. Marden said that his suggestion would be. that the Board take the pro rata coat now and see what happens when it decides on Massachusetts Avenue at some later date. Mr. Marden retired at 8:35 P.M. Mr. Stevens referred to the Great Meadows and said it seems to him that the Board should consider 1 107 this and reach some conclusion as to the procedure to be followed. Arlington is looking for something from Lexington as to -what Lexington would like to see done with and about it. He said he thought the Selectmen and the Planning Board should consider it and see what is to be done. Ha stated that the attitude of those in Arlington is that they would like to see it kept as an open area. Some of the people felt,. where Great Arlington owned it, Arlington*stay in the *should Meadows picture and possibly own it jointly. Mr. Greeley felt that Arlington had enough to do without spending money on it. Mr. Stevens suggested that where it is in Lexington and Arlington did not need it for water purposes, they should drop out of it and Lexington should acquire the area if Lexington wants to do so. He also suggested that if Lexington is going to acquire it, it would require legislation and Lexington would have to proceed by eminent domain and work out some agreement with Arlington. He said he thought everything he said was favorably re- ceived. He said if the Board feels it is something it wants to go into, he thought it should get started on the title examinations. The first step would be to get the Planning Board in on it and determine just what the area consists of. He said it would have to be put out on a plan as to what it is Lexington wants. The Chairman •said that when this Board became aware of the fact that Arlington had put an Article in the warrant requesting authority to seal the land, Lexington was opposed. He suggested getting an agree- ment from Arlington whereby they would give Lexington time to find out what it wants to do with tt. Mrs. Morey said that Mr. Greeley did bring up the subject of what Lexington would be willing to pay for it - assessed value plus 25%. She explained that the School Sites Committee is interested in.get- ting a school site down in that general area and the Planning Board's by-pass road, if it gets going, would be in that area. Those two along would be worth obtaining title to it. Mr. Stevens said he thought the Board should find out roughly what the title situation is, but first it would be necessary to have a plan to know what it is Lexington wants. He said he thought Mr. Snow could come up with some kind of a compiled plan and then the Board would know more where it is going. Mr. Maloney asked if it was a function of the Planning Board to advise the Selectmen what it to be done with the area and Mr. Stevens replied that he thought so. He said the Board could ask them for a report and in the meantime tell Arlington not to take any steps to dispose of the property and to keep it open for the time being. 108 kir. Maloney said he thought something should be done now. Mrs. Morey said that Arlington wants a letter from the Lexington Selectmen telling them that Lex- ington feels the land should be acquired by Lexington for the purpose of being maintained aa an area for recreation purposes as a mutual benefit to both com- munities.. Mr. Stevens said it should be referred to the Planning Board at the same time. The Chairman. requested Mr. Stevens todraft a letter to be sent by the Board to the Town of Arlington and Mr. Stevens agreed. The Chairman said that in the meantime the Board would inform the Planning Board that some action should be taken by that Board. Mr. Stevens referred to a claim againstt.khe Town for a street defect on behalf of Mary Ellen Bedrotti, a youngster. He reported that she stepped in a hole in a catchbason cover on August 197 1957 amd hurt her leg. Mr. Gayer has replaced the cover and said it looked as thought_it was a recent break. He said if it is recent enough so that the Town will not be held to have known about it, there is no claim on the Town, Mr. Buckley of. Arlington filed a claim through the girl's father. She went to the doctor only once. Mr. Stevens said it seems to him that it would be well to dispose of the claim by settling for 150 which they will take. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to authorize Mr. Stevens to settle the claim for 50 and obtain necessary releases. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted an Order of Taking of certain land owned by Clarence Philip Shannon in the following form: 1 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held this lith day of November, 1957, it is ORDERED: - Whereas by a vote of a Town Meeting duly called, warned and held on the 16th day of September, 1957, the Selectmen were authorized and empowered on behalf of the Town of Lexington to purchase or take by eminent domain the land hereinafter described for playground or recreational purposes, and an appropriationof money was made for the purposes:, as will more fully appear by reference to said vote, an attested copy of which is annexed hereto. 109 NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursilant to said vote and under and by virtue of the provisions of Section 14 of Chapter 45 and of Chapter 79, both of the General Laws of Massachusetts, and all acts.in amendment thereof and in addition thereto, and of anyAnd, every other power and authority us hereto in anyCiikkbling, take in fee in the name and on behalf of the Town of Lexington for playground or.recreational purposes the following parcel of land situated on North Street, southerly of Adams Street, in said Lexington and bounded and described'as follows: NORTHERLY by the line of North Street three hundred ninety-four and 6/10 (394.6) feet; NORTHEASTERLY by land now or formerly of Benjamin F. Holt and by land now or formerly of R.E. Saul, eight hundred eighty- nine (889) feet; SOUTHEASTERLY by land now or formerly of Holt two hundred one and 4/10 (201.4) feet, more or less; SOUTHERLY by land now or formerly of Albert H. Burnham six hundred twenty-five and 3/10 (625.3) feet; SOUTHWESTERLY by said land now or formerly of Burnham four hundred twenty-five and 3/10 feet; (425.3) feet; and NORTHWESTERLY by land now or formerly of Brown three hundred twenty-three (323) feet; and containing ten and 9/10 (10.9) acres more or less. Said land shown on a plan entitled, "Land of Albert H. Burnham at Lexington" dated May 1928, F. P. Cutter, C. E,, recorded in Middlesex South District Deeds in Plan Book 415 as Plan 32. This taking is made subject to the flowage easement taken by the Town of Lexington by order dated February 13, 1939 and recorded in said Deeds Book 6279, Page 318, and subject also to the transmission line easement granted by Clarence Philip Shannon to Boston Edison Company by instrument dated October 3, 1947 and recorded in said Deeds, Book 7204, Page 573. Alltrees upon said land and structures affixed thereto are included in this taking. 110 We award the damages sustained by the parsons in their property by reason of the taking hereby made as follows: To Clarence Philip Shannon of Randolph, Norfolk County, Massachusetts, the .sum of One (1.00) Dollar. In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date., but if the name of the owner of any interest insaid land is not correctly stated, it is to be under- stood that such interest is owned by an owner or owners unknown to us, and in such case our award is made to the lawful owners thereof. No betterments are to be assessed.for the improve- ment for which this taking is made. WITNESS our hands and seals in said Lex .ngton the day and year first above written. Haskell W. Reed Ruth Morey William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, as.. November 4, 1957 Then personally appeared the above-named Haskell W. Reed, William E. Maloney and Ruth Morey, known to ne to be. a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknow- ledged the foregoing instrument to be their free act and deed, before me, Hazel J. Hurray • My commission exiiiree: Nov. 29, 1957 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at a Town Meeting duly called, warned and held on the 16th day of September, 1957, in accordance with the provisions of law applicable thereto, the following vote 4as duly adopted: "VOTED: That the Selectmen be and hereby are author- ized to purchase or take by eminent domain for playground 1 111 or recreational purposes a parcel of land situated on North Street containing 10.9 acres more or less. and shown on a plan entitled "Land of Albert H. Burnham at Lexington" dated May 1928, E. P. Cutter,•C. E., recorded in Middlesex South District Registry of Deeds in Baan Book 415 as Plan 32, and that the sura of $5,000.00 be appropriated and be provided by transfer from the Excess and Deficiency Account." A• true copy. Attest: James J. Carroll • James J. Carroll, Town Clerk Mr. Stevens reported that someone from the State Department of Public Works has said that the law has been changed so that Chapter 718 funds -cannot be used if betterments are assessed. He said he expected more information on the subject tomorrow. Mr. Gayer referred to Mr. Angelo Busa's bridge on Grant Street are reported that to rebuild the ex- isting bridge, as compared to a new bridge, will cost very roughly between 42,000 and 0,000, to go in with sheathing and excavate around the abutments. He ex- plained that it will involve considerable hand work. The Chairman reported that he went down there the other day with Mr. Nickerson, who Was on the Board when this subject came up some years ago. Mr. Nickerson felt the only repairs needed was at the abutment where it is washed -away, put the cement down there and then go up the brook about ten feet and put up a control spill*ey the same as the one down at Burnham's farm. The Chairman said he personally feels that all the pillars should be deeper in the ground but the suggest- ion of a spillway and flashboards up ten feet would stop the brook from being washed sway. Mr. Gayer said he wanted to clean the brook and if that is done it will lower it. He said he thought if the flashboards had been placed at a different loca- tion the Town would not be having trouble now. The Chairman asked when he could do the work and Mr. Gayer replied that he would try and get at it if the Board decides it should be done,. Mrs. Morey said it is her feeling that itshould be done, because at .times the brook is forty-five feet wide. Thr Chairman said it is close to that and it seems to be/very large bridge for an individual to maintain. 112 He said he would be in favor of repairing it. Mrs. Morey asked if thereis some way whereby this can be limited. to the time during which the land is operated as a. farm. She said she felt the Busats Town owed it to Mr. Buse since the easement was through Bridge his property but did not think it should includednyone who might in the future develop the land. Mr. Maloney said he thought the bridge should be repaired and asked who would do it. Mr. Gayer replied that his department might do it. Mr. Maloney said if it is not to be done with town help, he thought it should go out on bid; all jobs should go out on bids in the future regardless of the time involved. Mr. Stevens explained that the Board should make it clear between advertising and getting bids. The Chairman said that bids have been invited for town cars, pipe, etc., and he did not think the Board was doing anything it is''not permitted to do. Public He asked if Mr. Maloney menet to hold up bhcthe Works standpipe and Mr. Maloney replied in the negative. Department He said he meant all jobs in the future. Following further discussion relative to the Public Works Department, Mr. Gayer offered to re- sign as of January 1, 1958, if the Board felt it was satisfactory. Mr. Gayer and Mr. Stevens retired at 8:50 P.M. The Chairman read a letter from Mr. Stevens Tax title with reference to tax title lots 30 and 31, Block 18, Ward Street, for which the Board had received an offer from Mr. John.Cassello, In making_a customary check on the taking and foreclosure instruments, Mr. Stevens found that the taking of lot 30 was invalid. Mr. Cassello was so advised and was willing to wait until the Town was in a position to sell it. Mr. Stevens said that originally it was the Boardts intention to have lots 30 and 31 combined with lots 28 and 29 already owned by Mr. Cassello. Lot 31 is, of course, separated from lots 28 and 29 by lot 30 and he does not see any practical way'by which in a deed of lot 31, it can be combined for building purposes wirh lots 28 and 29. Mr. Stevens said he was convinced that it would be better for all concerned if the Board delayed conveying lot 31 until' the Town has a clear title to lot 30. He suggested '— that the situation be explained to Mr. Cassello, and if he goes along with it, that the $200 plus better- ments and taxes which he has paid be refunded. The Chairman read a letter from the Town Meeting 1 113 Members Association advising that the Committee de- Town sired to have present at all Town Meetings the Super- Meetings intendant of Schools, the Town Planner and the Chairman of the Public Works Department. The Chairman read a letter from the Boston Na- tional Historic Sites Commission requesting a date that would be convenient for the Selectmen and Plan- ning Board to meet with the Commission regarding the recommendations on the Lexington - Concord Battle Road. The Clerk was instructed to forward a copy of the letter to the Planning Board and also to ask that Board to suggest a convenient date for such a meeting. Further consideration was given to offers re- ceived from Edwin A. Wheeler and Donald Gibbs for the purchase of tax title lot 19, block 18, Reed Street. The Clerk informed the Board that lot 18 is owned by one Catherine V. Kelly and lots 20 and 21 are owned by Edwin Wheeler. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to so advise Mr. Wheeler that the Board will entertain an offer of $200 plum sewer betterment of $113.36. When a reply is re- ceived, the Board will then write to Mr. Gibbs. Notice was received from the Board of Appeals relative to a hearing to be held on November 12th upon petition of Rosewell M. Boutwell for permission to erect a flashing, double-faced sign at 55 Massa- chusetts Avenue. The sign will be 20' long, 16" wide and approximately 18' from the street. Notice was received from the Historic Districts Commission relative to a hearing to be held on Novem- ber 5th upon application of the Hancock Congregational Hearing Church for a certificate of appropriateness as to the proposed erection of an addition to the existing build- ing at 1912 Massachusetts Avenue. Mrs. Morey called the Board's attention to the fact that there is an appointing authority and explained that the Board has no authority to make an appointment to fill the vacancy on the Standing,School Building Committee to replace Mr. West. Mrs. Morey called Mr. Healy, Commander of the American Legion, to find out whether or not any Veterans' plans have been made for the observance of Veterans' Day Day, November llth. She reported that Mr. Healy ad- vised that the program will be the same as last year Nat'l. Hist. Sites. Comm. Tax title Board of Appeals 114 and the Legion would like to have the Chairman road a proclamation. The meeting adjourned at 10:10 P.H. A true record, Attest: ae i+%tivrCle k, Selectmen 1 SELECTMEN'S MEETING November 13, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday, November 13, 1957 at 7:30 P.M. Chairman James, Messrs. Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Super- intendent of Public Works, and the Executive Clerk were also present. Mr. Stevens submitted five copies of a contract for putting in the foundation for the standpipe and explained that he would hold the five copies for his signature until tomorrow. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign the contract as pre- pared a'trd submitted by Mr. Stevens. Mr. Stevens explained that he had prepared a petition to the Department of Public Utilities rel- ative to setting down for a seperate hearing that portion of the Boston and Maine Railroad service curtailment that pertains to the Lexington branch. The petition was signed by the Board and returned to Mr. Stevens. Mr. Stevens asked Mr. Gayer if the Traffic Study Committee had an opportunity to study the proposed stop and protect system of protection for the Woburn Street grade crossing. Mr. Gayer replied in the negative and said that the proposed protection would be safe but he did not know what effect it would have on the passenger train service. Mr. Stevens said that it would slow the trains down a minute or two. Mr. Stevens took a memo received from Mrs.. John Levis,, Hayes Lane, that a group of the neighbors be- lieve this would be an opportune time to request the , railroad to remove the shack at the intersection of Woburn Street,VLte Street and Hayes Lane. The Chairman referred to the public hearing to be held in Estabrook Hall next Monday relative to the Hearing re: petition of the Boston and Maine Railroad for approval Trains by the Department of Public Utilities of the discon- tinuance of certain trains. 115 Contract Petition Woburn Street grade crossing 116 Mr. Stevens suggested that the group be told ex- actly what the railroad proposes. Be said he under- stood pamphlets are to be passed out to the commuters and said the Chairman could explain that the hearing is being held to get the views of those using the trains and also tell them that if the trains are taken off, it will necessitate people using the trains to use some other method of transportation. Be said perhaps some information will be given at the hearing that will cause the Board to suggest that the railroad at least make a schedule change. Be said the Board should get some idea how much affect this change, if . carried out, will have on the two other trains. Mrs. Morey asked if the Board should pass out some information and Mr. Stevens said that had been done before but not much response was made. Be said . any notice should be passed out at the station because it is the Lexington people the Board is interested in. Mrs. Morey said that if the Board counts only on the people reading the notice in the paper,"it will not have a fair representation. The Chairman reported. that he knew of a number of people who ride on the train that have seen the notice. Mr. Maloney said he thought that the people who ride the trains are very conscious of this. Mrs. Morey said she would like to make sure they are well informed. The Chairman read a letter from William Gibbs, 1.9 Grapevine Avenue, relative to attacking dogs in his Complaint neighborhood. re: dogs Mr. Stevens advised that the Board should refer the communication to the Dog Officer who would obtain more detailed information from Mr. Gibbs and then the Board could set a date for a hearing. The Chairman agreed to contact Chief Rycroft and arrange for an officer to investigate inasmuch as the Dog Officer is now in the hospital. Mr. Maloney referred to the Great Meadows and Great said that Arlington would like a definite proposal, . Meadows for instance, for its right title and interest $20,000.. Mr. Stevens said he was trying to find out the name of the Committee and also the name of the Chair- man so that he could draft a letter for the Chairman of this Board to sign. Mr. Maloney reported that Arlington feels Lex- ington should be definite in a proposal so that when the Town Meeting comes up, they will have an article to cover it. 1 1 1 1 Mr. Stevens asked if Mr. Maloney meant next March and he replied in the affirmative. Mr. Stevens said he would like to get a plan that shows what is being discussed. He stated that Mr. Snow is so busy he did not know if he would be able to give . this the attention needed to settle this quickly. He said he should have some kind of a plan that will show the area in which Lexington is interested and then he could start checking and see what they have in there. Mr. Maloney suggested that Arlington be given a sketch of what they are now paying taxes on. Mrs. Morey suggested approaching it just from Arlington's holdings in Lexington. Mr. Malone, reported that Mr. Greeley would like something definite because members of the Committee have many ideas and said he thought a fair price, dealing with a Townwould be $20,000. Mr,. Stevens said Lexington would want to make a taking and then pay Arlington. Mr. Maloney said he thought this should be on a very friendly basis and the Board might advise Arling- ton what it intends to do with the property so it can be presented to the Arlington Town Meeting. Mr. Stevens said he would draft a letter now and then follow it with a more definite letter. Mr. Maloney reported that Mr. Greeley told b.t some of the people do not want to relinquish.this property but Mr. Greeley thought it would be fine for . Lexington to develop a park and not restrict it to the use of people in Lexington. Mrs. Morey said that the Board should not make any promises as to what the land will be used for, and the Chairman said that the Board could say whatit will not be used for. Mrs. Morey said that the property should be kept as an open area and moved that Mr. Stevens draft such a letter, Mr. Tucker asked if Arlington used some of the water now and Mr. Stevens replied in the affirmative explaining that they don't need to use it. Mr. Tucker said he doubted.if Arlington would want to give Lexington the water rights. Mr. Stevens said that the Town Engineer has a plan and°perhaps he could work from that. Mrs. Morey said that in the first letter, the Board does not have to go into great detail. Mr. Stevens agreed and said that when Lexington gets to the point of acquiring the property, the Board will have to be nore specific than it will in this first letter. 117 118 Article Financing The following members of the Standing School Building Committee met with the Board: Chairman Fisher, Messrs. Johnsen, Potter, Davis, Kent and Mrs. Fox. Mr. Fisher asked how the Committee is expected to handle preparation of items for the warrant and the Chairman suggested that the Committee deal directly with Town Counsel for writing the articles. Mr. Fisher said he would like to have as much time as possible and the Chairman explained that if the Appropriation Committee wants to act within the letter of the law, it does not have to consider any request received after December 20th. Mr. Fisher referred to the method of financing and asked who would work out the amounts to be bonded and the amount to come out of other funds._ The Chairman replied that the method of finan- cing is a function of the Appropriation Committee. Mr. Fisher asked if there were any new develop- ments on the additional piece of land for the new Junior High School and said he was referring to the parcel between Ives and Milliken, He asked if the Sites Town was going to acquire it. Mr. Stevens explained that as soon as a plan has been prepared, the 'owners will be contacted. Mr. Fisher said he understood theme is to be an elementary school and asked if the site would be owned by the Town by March or April. Mr. Stevens explained that the Town owns that property now. Mr. Fisher explained that his Committee cannot engage an architect until the Town owns the land. Mr. Fisher referred to financing the renovation of the Junior High School and said that in talking with Mr. Stevens, it was suggested that the Committee Bonding look into special permission for bonding outside the debt limit. Be saidit, turned out that if the Com- mittee is going to do this, Mr. Stevens should have been able to start a week or so ago. He said his Committee has talked to the School Committee, Appro- priation Committee and Capital Expenditures Committee.' Their first reaction was that this might be undesir- able because of increasing the bonded debt, and might also increase the interest rate. However, it will be :just the reveres,, The State would be saying that it has looked into the situation and find the Town's credit all right. He said that the Appropriation Committee would like to see this come out bf the tax levy but feels it is not practical because of the size. 1 119 He said it seems to him that the Selectmen should request Mr. Stevens to go through the necessary motions to ask for permission to bond the renovation outside the debt limit. The Chairman asked if the Committee had any idea what the figure is, and Mr. Fisher replied in the nega- tive. He said they do not think it will be less than $300,000 and it maybe $400,000. Mr. Stevens explained that there would have to be a figure in the Act. He said it could be written with a blank figure but he thought an amount should be put into start with. Mr. Fisher said that although there is an amount in the Act, the Committee does not have to use it and would like to ask for $400,000 just to be safe. Mr. Stevens asked if this included equipping and furnishing and Mr. Fisher replied that the entire building would not be equipped. Mr. Stevens said he would have to put in equipping and furnishing and could try and get it excluded from 2Sj of the assessed value. Mr. Stevens explained that the entire amount on the new school could be borrowed, but on the other, it would depend on what the Act says. He said if it was all right with the Board, he would make a draft. Mrs. Morey said there is no reason why this amount could not be borrowed for tan years where it is for renovation. Mr. Stevens said the length of the bonding seems to be what gets it over and twenty years is the maximum. He said it could be presented for a lesser borrowing period if it seem desirable. The Chairman said that as far as arranging the financing is concerned, once the policy is established, it is a function of the Appropriation Committee. Mr. Fisher reported that the Committeets program on the new Junior High School is moving along very nicely. The preliminary plans have gone into the School Building Assistance Commission and a meeting • is scheduled for tomorrow morning. The rough estimate is still $2,000,000. but they hope to get below that. Mr. Stevens retired at 8:35 P.M. Barnes Mr. Fisher explained that the Committee realizes property more and more what it means to have the Superintendent's office on the first floor, He said that it is not too satisfactory with Mr. Smith and his Secretaries at the Junior High School, and the Committee started looking for some way to have the Superintendent in another loca- tion. The only possibility they could find was, of course, the Barnes property. He explained what they are doing by leaving the Superintendent where he is, 120 is sacrificing three good classrooms and being forced to use three very poor ones on the third floor. He explained that the cost of renovating those three rooms for use would be $20,000 or $30,000 which would not need to be spent if they can find a location some- where else for the Superintendent. He said that the School Committee feels if the move'is to be made in the next few years, it should be made now. The Com- mittee asked Harry Erickson to look at the Barnes property which he did with Mr. Irwin and their opinion is that it is in good enough condition for a number of years and could be fixed up at a reasonable cost. Mr. Smith would like it if an arrangement could be made, and is willing to work out Whatever can be done' within the space available. He said that the School Committee is 100% with the Committee in this request, and would have attended the meeting this evening ex- sept for the fact that they are at another Meeting in Cary Hall. He said that the Committee feels this is worthwhile from the Town's point of view and it ' realizes there are tenants in the building which com- plicate the situation. The Chairman said he had a few comments. First he thought it is a desirable thing to have the school administration located in one place, preferably in some place other than the schoolbuilding. When the change is made, it should be a change that is permanent, that it should not be a temporary change with regard to location. If the change should be made to the Barnes property, he thought it would be temporary and not last more than ten years. He said that Mr. Smith's figures indicate what he needs for the whole staff is 4,000 square feet which is more than there is in the build- ing. He said it seems to him that it is not adequate now let alone the nember of people Mr. Smith will ac- quire as the school system grows so in that event it will be temporary at best. He asked if the Committee had any figure as to how much it would cost to renovate the building for school purposes. Mr. Fisher replied that Harry Erickson said $10,000' would be plenty as against $30,000 they would have to spend in the other building. The Chairman said he would not want to see any change made that would be temporary. Mr. Potter said that, in discussing this as some thing temporary, to him it is an emergency. He said the Superintendent could move in to'the Barnes property which will make available three classrooms that are so badly needed at this time. He said he did not know what provisions the Board had for the Welfare Depart- ment which takes up a good part of thie building but ' it will not take as much room to accommodate that department 1 1 1 1 in the future -as it has in the past because Social Security will take over a good part of its work. The Chairman explained that there is no plan to keep the Welfare Department in that building, and it . will move. Mr. Fisher showed the members of the Board a plan of the Superintendent's office in the Junior High School. Building. He said the arrangement will be temporary if the Superintendent is left where he is and money will have to be spent at a later date. He said the School Committee does not feel that the Town can afford com- mercial rental rates for the Superintendent. He said the Committee is anxious to get a decision as it. is holding up the architect at the moment. He explained that the first and third floors are hanging in the balance waiting a decision as to what is to be done with the Superintendent. He said that they still have the same number of class rooms but have poorly lighted and poorly ventilated classrooms on the third floor. These definitely are substandard rooms being fixed up as compared to three good rooms on the first floor. He said the upper rooms are unsafe and have no lavatory and to fix them up will cost about *25,000 plus fixing the downstairs for the Superinten- dent so that is where the $30,000 comes from and it could be more than that. Mr.'Maloney asked if they 'estimated $10,000 for the Barnes property, and Mr. Fisher replied that they have no specific estimate on. the Barnes property, but the otbar figures are estimates. to said he did not think/P the rooms in the Barnes property would have . to be changed. Mrs. Morey inquired about the heating system and Mr. Maloney replied that it is separate from this building and a good adequate system. Mr. Potter said that the heating system was put in within the last few years and Mr. Maloney agreed that it is quite modern. Mrs. Morey asked if the Committee would take out the third floor and Mr. Fisher replied that they would do nothing with it and it would be locked off. Mr. Maloney asked how soon they would want the Barnes property and Mr. Fisher replied in June or July,,when they start tearing the building apart. He said the most desirable time would be when the contractors move in Which will make it impossible for Mr. Smith to work. Mr. Maloney said that if the Superintendent took the Barnes property, it would take some time for re- modeling. Mr. Fisher said that apparently this would have to be done by Town Meeting so they may have to make 121 122 Water bill some other provisions in one of the other schools. Mrs. Morey asked if the Committee felt this must be done next Spring and Mr. Fisher replied in the af- firmative. He said if it is not done this Spring, it will Wait until 1960 and their problem is that they may be left with no Junior High School at all. Mr. Potter said that it is agreed then that the Welfare will be going out of the building. The Com- mittee's question was whether or not the building would be available. The Chairman said he was not sure even with the Welfare going out. •There must be some place for the Planning Board. He said this is something the Board can't say yes or noon tonight. He explained that the Board is studying the allocation of space now and it works out well except for the Planning Board and the Boy Scouts. Mr. Fisher said that he did not think the Plan- ning Board would be bothered by the School and to him the Boy Scouts seem to be the real problem. He said he was sorry for the Boy Scouts but if the Town needs the building, this is a decision for the Board. The Chairman aaid there/6fie figure he would like. He would like to know what it will cost to get the building renovated with the minimum space required by the Superintendent. Mr. Fisher said that he would have the Superinten-, den't ideas. The Chairman said that the suggestion was made to build an Administration Building on the Boys' Club property. Mr. Fisher said he did not know if they could have a well considered estimate next Monday night, but Mr. Smith would restate his space requirements. The Chairman said that the Board would have to examine the position of the Boy Scouts and what the Town's obligations are there. Mr. Potter said he understood that the Boy Scouts are 1boking for a building of their own before very long. Mrs. Morey asked if there was any reason why Lexington should provide them with space and pointed out that the council includes Arlington.and Bedford. The Chairman said the Board would consider it anyway and the group retired at 9:05 P.M. Letter was received from Mrs. E. J..LaFlamme, 259 Lowell Street, inquiring why her water bill dated November 1, 19571as so high. Mr. Gayer recommended that Mrs. LaFlamme be advised to talk to Mr. Jefferson who can explain it to her. He reported that her letter contains several mistakes. 1 1 1 1 The Chairman said that he would suggest that she contact Mr. Jefferson and if she has anything further to discuss, she can then meet with the Board. The Chairman read a copy of a letter from Mr. Gayer to the State Department of Public Works con- cerning his displeasure at the progress made by the contractor, J. J. Carroll, on the reconstruction of Concord Avenue. Mr. Gayer reported that they came out immediately upon receipt of his letter and succeeded in getting the contractor to work. Mr. A. Clifford Fletcher's request for extension of sewer main to service a house at 112 Spring Street was held over. Mr. Gayer" reported that he sent a letter to the State Department of Public Works and received a re- ply today which stated that present plans for the relocation of Spring Street in conjunction with the reconstruction of Route 2 do not indicate any changes in the section of Spring Street in the area described by Mr. Gayer. As far as the State is concerned, the extension of the sewer main to service the house would in no way conflict with their plans. Mr. Gayer said that if it is agreeable with the Board, he has started, at least, to include this as an item for the budget. He said he was sure he could not get it this Fall as it is about fourteen feet deep and ledge. Mr. Maloney asked Wiere the money would come from for that type of installation. He also asked how many feet it is from the sewer to the manhole and how sleep the ledge is. Mr. Gayer said that the main line is fourteen feet deep and he would say off hand, 150 feet. Mr. Maloney asked if he could be serviced a dis- tance of 150 feet and have him pay for the service rather than have the Town extend the main. Mr. Gayer replied that he could only go to tabs top. Mr. Maloney said that there may never be another house put down there and he would not want to see the Town spend several thoudand dollars for one house. Mr. Tucker said this man is building a house and asked what happens if he does not have the service. Mr. Maloney said if it is going to cost some money he should pay for it. The Chairman said if just a service is put in, itwould not be necessary to go fourteen feet. Mr. Gayer said he would like to extend the sewer main a few feet and bring a chimney up. 123 Concord Avenue Sewer, 112 Spring Street 124 Mrs. Morey said this is a special case and even thoughthe Board has said it would have no more long cervices, this is different. Mr. Gayer said he should be charged an amount equal to a betterment plus the cost of putting in the service. Mrs. Morey said he would be put on the list and taken care of in as good time as possible. • The Chairman suggested that Mr. Gayer advise him of what it will cost him. Mr. Gayer asked if the Board wished him to cor- respond with Mr. Fletcher and the Chairman replied in the affirmative.- Mr. ffirmative. Mr. Gayer asked if the Board wants him to con- sider a rubbish collection program this year, and asked if it should be included in the budget or not. Be said he could give, basically, what the cost might be. It would require three unite 16 yard bodies and each unit would run about $10,250./.Rn estimate for a full year 'it would take nine men, roughly $38,000, including vacations and sick leave. For 1958 he has $30,750 for the capital expenditure of equipment and roughly *40,000 . for salaries, $1,000 for gas, oil and repairs or about $51,750 for a six -months period. The Chairman asked how long the trucks would be . good for on an annual basis and Mr. Gayer replied that, in Bangor they had truck bodies for ten .years but the trucks had to be replaced. The Chairman said if they are good for five years, it is about $6,000 a year for equipment, $38,000 a year Rubbish for labor and about $3,000 a year for gas, oil and re- colleodbnairs or abeub *48,000 a year to do this job which is about $1.00 on the tax rate. To start this would be once a week with the understanding that the property owner would place the Container on the street. Mr. Maloney said there is nothing worse than people putting rubbish on the street and he would never agree with it.' The Chairman explained ifsit is picked up from the garage or house, it will double the cost of labor. • Mr. Maloney said he did not think it would double - the cost, because unlike garbage, rubbish would not be picked up•at every house. Mrs. Morey said if there is Town pick up, there Will be more rubbish than people take to the dump and she thought the Board should negotiate with Belmont to see if they would like Lexington•to be joint tenants. The Chairman explained that this has been dis- cussed before and it would not make any difference on the cost. 1 125 Mrs. Morey said she could see twice as much going to the dump than. goes there now. The Chairman said this was discussed with Arlington a couple of years ago and as far as an incinerator is concerned, it has nothing to do with rubbish collection. Mrs. Morey said if there is rubbish collection, the dump will be filled that much faster and the Board should consider where it is going. She said she thought the Board should empower the Chairman to talk to Belmont and the M.D.C. Mr. Maloney said he did not think either Belmont or Arlington is interested in tying in with Lexington. Mr. Tucker said they are still talking about it in Arlington. Mrs. -Morey said she would like a straight answer from Belmont. The Chairman suggested that Mra. Morey go over tb Belmont and said that this is not something that could be satisfactorily answered by correspondence and should be a personal interview. Mr. Maloney said that if land is not developed for industrial purposes, there is plenty of land. Mrs. Morey said the Board should have an answer to everything; what area it wants to set aside and now. Mr. Gayer said that he is working oh budgets and the Chairman said that the figure of $75,000 comes back to what has been discussed before. He said if the people want rubbish collection service, it will add 1.00 or $1.50 on the tax rate. He suggested that Mr. Gayer insert a seperate budget sheet and then it can eiAher be used or discarded. Mr. Tucker said that the garbage contract comet Garbage up next year and he thought the Board should discuss that some time. Mr. Gayer said he would be glad to discuss it with the Board very shortly. Mr. Tucker said that there is no Town ordinance re burning leaves on the streets and asked how much harm it does. Mr. Gayer replied that it does considerable harm Burning to asphalt streets. Where leaves are burned one will leaves find pot holes after the frost has worked on it. Mr. Tucker asked'how many streets are asphalt and Mr. Gayer replied a good portion of them. The Chairman said that substantially all of the streets as they are not gravel. Mr. Gayer referred to Eldred Street and the use of Chapter 718 funds. He asked if those funds were Eldred to be used elsewhere and betterments charged on Eldred Street Street. 124 Mr. Maloney said the Town would take land there - end asked if the betterments would be abated. The Chairman said the Board should know what the situation is. If the people have agreed to pay betterments, the street should be constructed with betterments. Mr. Gayer agreed to look into the subject and report next week. Mr. Gayer reported on the status of Depot Square re water and sewer. He said that the water and sewer• contract was awarded to Susi and DeSantis April 15, 1957. On the 16th, after a meeting, he called Whitman & Howard and asked them to delete the Depot Square work until Depot advised otherwise as the Board was going to negotiate Square with Mr. Smith. The Chairman asked if the contract included the street and Mr. Gayer replied in the negative. Mr. Maloney asked if the funds were still avail- able and Mr. Gayer replied in the affirmative. Mr. Maloney said he would like to discuss the subject further with Town Counsel. Mr. Maloney asked what the reason was for Tower Park. Mr. Gayer replied that Charles Brenton always talked to him about wanting to put in blacktop be- cause of the washing gravel problem, and last year discussion was held relative to including an item in the budget but it was decided not to. He said it was brought to his attention that there was a park fund for care, maintenance and improvement of Tower Sark. He asked for bids, assuming it was the thing to do, to put in a very narrow walk to replace the gravel path. Mr. Maloney said if funds are available, the least the,* can be done is to put 'some peat around the shrubs. He said there is no sidewalk on the street and now there is a sidewalk in the park. Mr. Gayer retired at 9:55 P.M. The Chairman read a letter from Mr. Carroll, Town Treasurer, relative to bids received for $180,000 Borrowing school project loan, Act of 1948 bonds. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was unanimously voted that the sale to Kidder, Peabody & Company at 100.237 and accrued interest pf the $180,000 3.60 per cent'School Projefit Loan, Act of 1948 bonds (Nos. 1 to 180) of the Town dated November 15, 1957, payable November 15,1.0,000 in 1958 and 1973 and $5,000 in 1974 to 1977, and reciting Tower Park 1 1 1 1 that they are issued pursuant to Chapter 645 of the Acts of 1948 as amended and votes of the Town duly passed,_is hereby approved. The Chairman read a letter from Mr. Palmer, Sec- retary to the Appropriation Committee, advising that Mr. Madden has resigned as Chairman: and Mr. Richards wns elected to that position. The Chairman read a letter from Jack Frost, Yankee Homecoming, relative to proposed highway mark- ers marking the Yankee Trail", to be installed.at Yankee Home - points throughout New England. The location selected coming for Lexington is North bound on Massachpsetts Avenue markers about 500 feet north of the intersection of Massachu- setts Avenue at Routes 4 and 25 South of the Lexington Green. The Board had no objection to the proposed location bht desired to have more definite information relative to the design, size and whether or not the markers are to be erected for a certain period of timie or if it is intended to make the installation permanent. Bids were received for printing the 1957 Report as follows: The Lexington Press Inc. 500 copies: $765 per page 600 copies 7.15 per page Town Report 200 School Deports $115.00 50 Accountant Reports $100.00 Somerville Printing Company, Inc. 600 copiers *5.05 per: page 200 Scheel Reports $2275 per page 50 Accountant's Reports f2.65 per page Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to accept the low bid submitted by the Somerville Printing Company. The Chairman said that the Board has discussed several time what should be done about mechanizing the Town offices and it seems that the Board does not have time enough to determine whether it is desirable or how to make a decision. He asked if the members Mechanizing of the Bocrd thought Town Meeting or the Selectmen Town Offices should appoint a committee of individuals familiar with office procedure to look into the subject cf how the offices can best be mechanized. 127 Resignation & Appointment Annual Town 128 Mr. Maloney said that.once the new building is occupied and the offices in the present building are set up, it might be desirable to have such a committee. The meeting adjourned at 10: 25 P.M. A true record. Attest. 1 129 SELECTMEN'S MEETING November 18, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 18, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England. Telephone and Telegraph Company for a pole location on Upland Road. Pole Mr. Mahon, representing the Boston Edison Com- location pany, was present. He explained that the telephone company advised that the present pole is pretty. much decayed and needs to be replaced and suggests relocat- ing it to the lot line. Upon motion of Mr. Tucker, seconded by Mrs.. Morey, it was voted to grant the petition and sign the order for the following j/o pole location: Upland Road, northwesterly side, ap •proximately 200 feet southwest of Glen Road, One pole. (One j/o pole to be removed.) Miss Elizabeth Howe, !} Chandler Street, arrived for the pole location hearing and explained that she was representing Mrs. Arthur B. Howe. Mr. Mahon explained the proposed location. Miss Howe did not register any objection and retired from the meeting. • Upon motion of Mr. Tucker, seconded by Mrs. Morey, Licenses it was voted to grant the following licensed: Mawhinney Motor Sales 581 Marrett Road , 1st Class Agent(Renl.) Auto Engineering, Inc. 436 Marrett Road Rowe -Jackson Chevrolet 39 Bedford .Street " Request for permission to locate two anchor guys and four poles on Worthen Road was received from the New England Telephone and Telegraph Company several weeks ago and held up for more detailed information. Poles and guy wire locations 130 Mrs. Morey asked if the proposed poles would be on the left-hand side of the road and Mr. Gayer re- plied that they will be on the right-hand side. Mr. Gayer explained that if the poles are set on the right-hand side it will be necessary to set another pole and still have the guys. Mrs. Morey said it would seem to her that the poles should be where they are the least conspicuous. Mr. Gayer said that it.would not make any dif- ference -from the school, but it will make a difference from Waltham Street. Mrs. Morey std that she has observed that poleg are not always placed from am aesthetic viewpoint. Mr. Mahon said that the poles are on private pro- perty, Town property, end that is the reason for this type of petition. He asked if the locations as selected were agreeable. The Chairman said that, if he was correct, even if these first three poles were :._.moved to the other side of the road, number four would still have to. be in the same place. Mrs. Morey said that would be better looking, and she does not like telephone poles running through empty land. Mr.• Mahon explained that the telephone company is trying to bring down Baskin Road and if they come on this side, which he indicated on the plan, they have an open area in which to make a turn, he said he could see no reason why the poles could not be replotted with a view to bring the line down on the other side. He said he would take the matter up with the telephone company, meet with their engineer on the field and see what can be worked out. The Chairman said that would be fine and asked how soon the Board could expect an answer. Mr. Mahon replied that it would not be sooner than next Monday. The Chairman suggested that Mr. Mahon discuss the subject with the telephone company and if they think the Board's recommendation is possible, it can be ap- proved.• If for some reason they .say it is not possible, the Board may then approve this method. Mr. Mahon retired at 7:45.P.M. and took the peti- tion with him. Mr. Gayer reported that, in reference to the con- Eldred struction of Eldred Street, the people do understand Street that betterments are to be charged. He said he could Chapter 718 proceed on that and then it would be in order to use Chapter 718 funds elsewhere. He explained that the State wants to know what the Board has in mind and asked if he could now at least report that these funds will not be used for Eldred Street. 1 Mr. Stevens explained that betterments would be assessed against Soule and betterments would be assessed against Witherell but payment postponed under the Special Act. The Chairman reported that he had written a letter to the Associate Commissioner, State Department of Public Works, summarizing the points agreed upon at the meeting held on November 7th. The Board adjourned to Estabrook Hall to attend a public hearing scheduled by the Board relative to the petition of the Boston and Maine Railroad for ap- proval by the Department of Public Utilities of the discontinuance of trains between Boston and Bedford. The hearing was declared open by the Chairman at 8:07 P.M. He said he had hoped there would be more people in attendance and explained that the meeting was being held to discuss the changes in the railroad service proposed by the Boston and Maine Railroad. He said that a public hearing will be held December 3, 4 and 5 at the Gardner Auditorium, State House. That hearing is to discuss all changes being proposed by the Railroad and not just the change on the Lexington branch. He reported that the Board has filed a petition with the Department of Public Utilities for a separate hearing on the Lexington branch because it feels that the Lexington branch is a problem itself and does not necessarily coincide with those in the other cities and towns. The Chairman explained that the Boston and Maine Railroad proposes to eliminate one morning train and one evening train and to leave one morning train and one evening train to serve this branch. The remain- ing train in the morning will leave Bedford at 7:30, leave Lexington at 7:40 and arrive in Boston at .8:04. The evening train will leave Boston at 5:22, arrive in Lexington at 5:46 and arrive in Bedford at 5:55. He said that some people now using the railroad will be .affected by the change in schedule, if nothing more, to such an extent that they will have to find other means of transportation. He said it is obvious to him that the step proposed by the railroad is another step in the program to eliminate passenger service on this line. He said the Selectmen and the Town Counsel would represent the Town at the hearing in the State House and present the attitude of the Town. He said in order to do this fairly and represent the feelings of the whole Town, the Board must know the attitude of the people that use the train and that is the reason for the hearing this evening. He said the Board would record the expressions and be provided with more ammunition to serve the people at the hearing. 131 Hearing re Curtailment of train service 132 Mr. Charles Albert Barrett, Jr., 1299 Massachusetts Avenue, said that he is very strongly opposed to any changes in the passenger service on the Boston and Maine Railroad because he depends on the two evening trains and would like the service kept as it is indefinitely. He said it would be inconvenient if thesetrains were taken off because he works near the North Station. He does not drive a car and opposed any curtailment. of service whatever. Mr. Franklin H. Howell, 108 Woburn Street, said he wondered, assuming that the railroad is given permission to discontinue commuter service, if it would be feasible for the railroad to run a single unit Bud Line from Bed- ford to Boston to arrive in Boston the same time the second train does at 8:31 in the morning, also having an evening train leaving Boston the same time as the S:48. He asked if the volume of passenger traffic would be enough so that the railroad could operate the train at a reasonably profitable degree. He said that he does not own or drive a car and depends on the trains. He would be forced to take the bus and M.T.A. whioh i■ three• changes from his house to his final destination. The Chairman asked if he meant the Bud Line would replace the train now to be removed. Mr. Howell said that in the• pamphlet given out, the railroad intends to substitute Bud Liner equipment. An individual, who did nbt give his name, asked if any thought had been given to splitting the time between the two trains. The Chairman said he could not answer that as all the Board knows is the schedale that has been proposed. He said one thing to find out is first, if the schedule is approved, how many people now using the train could not use it because it would arrive either too early or too late. • Mr. Wilber M. Jaquith, 42 Somerset Road, said that he has lived in Lexington about ten years. One of the things he did before he came was to check on the train service. At that time, there were four trains. One train was dropped and then another train was dropped. Now the people are faced with dropping the third train. He said he felt that within a year there will be no trains but the Boston and Maire will want to use a freight line. He said he would be of no advantage to the Town to have a railroad just for bringing revenue into the Boston and Maine. He said if they want to continue to: run freight, they should provide reason- able commuter service. He said, however, that he thought the railroad has something to be said on its side. It is not 100% in favor of the commuters, and, according to the railroad, they are losing money. He has not seen any figures proving the amount of money it is lesing. 1 133 He 'said he thought it was up to the railroad to show where it is losing money and why. He said he endorsed the Board's suggestion that Lexington have a seperate hearing on the Lexington branch because, it might turn out they are not losing money on the Lexington branch. He said all these facts have to be brought before the Commission if the Commission is to decide in Lexington's favor. He asked what the railroad proposed in lieu of service for Lexington. He said that there is nothing at the moment that will solve the problem. Taking more ears into Boston will put more traffic on the roads and result in spending more money for roads and high- ways. He said the M.T.A. is not the volution and the people- of Lexington do not want the M.T.A. He said there is no bus line direct from the Town to Boston and asked if the Commibhiek would issue permits for a private bus line either for public or private transportation. He stated that there must be some solution and the Com- missionshould be requested to suggest a solution if it approves the petition of the Boston and Maine. Mr. Jaquith said he thought the commuters should consider what they are going to do if this train is taken off. They are all faced with the same problem and are the ones who have the problem. He said the Selectmen could go to the hearing, and talk but if they are not backed up by -:the commuters, the Commission will not have a great deal to go on. As commuters, he thought they might be of some assistance to the Board in getting the facts before the Commission. He said that would require work on someone's part and he thought it was upto the commuters. A woman who did not give her name said that she does not live in Lexington but arrived on the Lexington branch train. She 'said she had figures that say 970 people take the train from Cambridge to Bedford every day and this is being considered by the Selectmen in Arlington this evening at a private meeting. She said the line carries a lot of freight and the people in Arlington do not think they should be permitted the freight unless there is passenger service too. The Chairman askedihere she obtained her figures and she replied from the Conductor, taken daily, both trains in the morning and the two in the evening. She said there are 970 paid fares a day. The Chairman asked if that included Arlington -people, and she replied in the affirmative. Mr. Barrett said that he thought when the fares were raised last Spring the trains lost a lot of passengers: He said if the fares were dropped more people would ride on the train and not drive their ears. 'Mr. Lewis M. Reynolds, 7 Eaton Road, said he would 1,34 like to go on record as being opposed to this change. He said he rides every day in the week and will miss the last train. He said he would not consider a fare increase. His fare is about 45g to North Lexington and it costs 40¢ by subway. To increase the fare would .drop the patronage. Mr. Francis T. Rice, 65 Blake Road, asked the Chairman is he thought if the commuters get together and made a concerted effort to put before this Coni mission it wouldcarry more weight, if the railroad comes to the decision they are going to take this train off anyway. The Chairman said he could not answer that. Mr. Rice said that Pearlman, in one statement, thought the communities should take over the commuting service. The Boston and Ohio railroad has asked the commission to let them take off twelve trains because. their passenger service dropped over 146%. He said he wondered how much the commuters could do to get the Commission to keep this second train on. He said the schedule shortens:it up at night and lengthens it in the morning. He explained that it is difficult to leave an office at 5:00 and get a train twenty-two minutes after. He said he supposed the schedule is to fit the crew workday, as.they don't want to pay them for more than eight hours. Mrs. Roy B. Maynard, 6 Grove Street, said they took a petition on the train last June and obtained over 500 names. That was submitted to the D.P.U. She said she would like to know if the men on the train aren't trans- ferred to other trains after they leave these, The Chairman said that it has been difficult to get the railroad's figures. Mrs. Maynard said she knew that. She said she was interested in Arlington because she gets on and off there. She said she would like to know why the ticket man's salary is all charged to the passenger service as he does not spend much time selling passenger's tickets. One individual asked about the rent from the Stations and asked if it went to the railroad. He asked if that income was given to freight and not passenger train ser- vice. Mrs. Maynard asked if she could obtain•a stockholder's report. The Chairman explained that any stockholder has one. Mr. Barrett said if the second train is taken off, it will mean people getting in before nine and they would be too early. He said if they miss that train, they will have to go a roundabout way to get to Bostoi. He said the two trains are needed for the benefit of everyone. Mr. Jaquith said that there is quite a bit that could be done in getting facts about Lexington comms routers. 1 135 He said he does not know how many there are, how many take the trains or how many would be stuck without the trains. He said he was wondering if it is worth considering having the Selectmen appoint a committee of commuters to work on this or for the commuters themselves to organize a group to get some facts and work with`the Selectmen on this, so when they go to the hear- ing, they will be able to present Lexington's case backed up by facts. The Chairman said the Board would like very much to have information of that kind and asked if Mr. Jaquith would like to organize a committee of commuters. Mr. Jaquith said he would see what he could do but would like a, suggestion as to how many should be on the committee. One individual said it was unfortunate that there was not more publicity given the subject and another individual said he could give the Board a count. The Chairman said that as long as Mr. Jaquith will Chairman the Committee, he should receive such infor- mation at the moment. He asked if there was anyone who would like to help Mr. Jaquith. Mr. Jaquith said he had in mind a questionaire which would be a factual setup with a number of questions to be answered that would be based on each train. The committee could then go on from there. Mr. Roger H. Stone, 8 Bertwell Road, said he has been riding this line for ten or fifteen years, and apparently all those people who get on. the first train this morning are not too disturbed. He said he would like very much to work with Mr. Jaquith and stated that it is up to the commuters to work on it. He said he talked to Mr. Adams a few weeks ago, and was assured that•there would be publicity. Be said what they need to do is to get out and ring door bells if they are going to -save one train. He said he would like to see both trains continued, and perhaps the. committee could do something to get a Bud Liner out here. He said one could not blame the railroad for wanting to take off that second train as on November llth, which he admit- ted was a holiday;, there were only four people on the train with a crew of five. Perhaps if the Railroad feels it cannot continue the two -car train, it may con- sider sending a Bud out and back again timed similar to the one in existence now. He said he was on record as being opposed to the removal of the second train and would work with the committee to try and sell the commuter's cause. Mrs. Stillman P. William 9 Sheridan Street, asked about the responsibility of public utility companies. Mr. Stevens explained it always has been the re- sponsibility of any public utility company to furnish service. 136 He stated that the railroad company, according to them, have reached the point where they can't continue service because of the loss incurred, -and unless the State or public body can furnish funds, they will have to curtail service. He said that, in a nutshell, is their position. He said the freight earnings in this branch Should come into the picture, but they are losing out of pocket on the passenger trains on the Lexington branch,. He said the freight figures have never been disclosed and at thelast hearing, the D.P.U. refuse t o require to be furnished. One individual asked if the railroad was trying to force public subsistence and the Chairman replied that any answer he would give would be an opinion. The Chairman said if there were no more comments to be made perhaps there could be a showing of hands of those in favor of the petition. No one present raised his hand in favor, The Chairman asked for a showing of hands of those who opposed the petition. There were twenty- four people present and twenty -four -people opposed. Mr. Rice asked if there would•be any objection# in advertising a meeting and said if they go before the Commission with twenty-four people and 900 riders, it will not make very good ammunition. He said they have a little over•two weeks to have another meeting and get more people out. He said he mentioned this meeting to several people on the train and they did not know about it. The Chairman suggested that perhaps the commuters' committee might hold a meeting and have it publicized. He said the Board could arrange for space for sueh a meeting. The Chairman explained that the hearings start, as now scheduled, on December 3rd. The Selectmen have had no reply to their petition for a separate hearing, so as far as they know, it will be the 3rd, 4th and 5th of December. One individual said a point to -be considered at the hearing is the parking problem inEast Lexington. The Chairman said that there is parking space, heat and lights; all factors which the Board will bring out. The hearing adjourned at 8:45 P.M. at which ti*e the Board returned to the Selectmen's Room to continue its regular meeting. The Chairman read a letter from the Board of Fire Commissioners advising that, in reply to the Board's request to use the East Lexington station for voting and storage of the voting machines, the Commission is happy to comply with the request and will be ready to help out any time the machines are taken down. 1 137 The Chairman reported that he has not been able Voting to discuss this subject with the School Committee yet. The Chairman recalled that the Board had received a letter from the Massachusetts Conservation Council re legislation passed for the establishment of a con- servation committee by various cities and towns. The communication was referred to the Planning Board. A letter was received from the Planning Board advising that in the opinion of the Board the Act is not particularly applicable to Lexington. The development of the natural resources of the Town has been given considerable study by the Board in the preparation of a long-range development plan. Some recommendations tor the development of these resources have already been made and others will be included in the near future. Mr. Stevens said that at the meeting last week with the Standing School Building Committee, it was decided legislation should be sought for renovation of the Junior High School. He said he thought the Board should sign any petition for legislation by next Monday and he wanted to run through a draft to get the Board's views. Following that he will put it in final form. He explained that he has gievn the committee a copy of the draft and will send a copy to the Appropriation Committee. The Board recommended no changes in the pro- posed draft, with the exception of the period of borrowing. Mr. Stevens also read a draft of proposed legis- lation relative to the Historic Districts Commission. Mr. Stevens reported that the hearing was held today on the Woburn Street grade crossing. If the petition is granted, the railroad will take away the shack and trim up the shrubs oh both sides. If they can do what they propose without gates, it will save .4,000 a year. He explained that there will be twenty-four hour a day protection with Stop and Protect. He agreed to advise Mrs. Levis of the situation. Mr. Stevens retired at 9.40 P.M. Application was received from the Secretary of State for Certificate of Incorporation on behalf of John Silk, 19 Patriots Drive. The Chairman read a letter from Chief Rycroft giving a record on-fi1enwit}} t a?Bberdo*fmrrob&.t.on dating from June 1, 1927 to November 23, 1951. Conservation Council_ Legislation Cert. of Inc. 138 It was unanimously agreed to insert after the words "and report the following facts" the words "see record attached" and attach a copy of Chief Rycroft's letter. Application was received from the Secretary of State for a Certificate of Incorporation on behalf of David Fo ,Sgykes, 39 Greenwood Street. A satis- Cert, of factory character reference was -received from the Inc. Chief of Police. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to sign the certificate. Further consideration was given to Mr. Paul Lloyd's offer of $500 for lots 228 through 233, Freemont Street. A proposal to sell was advertised in the November 7, 1957 issue of the Lexington Minute -man. A letter, was also received from Philip J. Knox, Jr., 18 Greenwood Street, offering $550 for the same lots. On January 22, 1957, Mr. Knox had submitted an Tax title offerer $300. The offer was acknowledged and Mr. Knox lots advised that the Board would include it in a list of tax title offers to be decided. upon some time in the last Spring or early Summer of 1957. However, when the Board•viewedthe property, Mr. Knox'6 offer was not given to them. Mrs. Morey said if these lots are sold, they should be restricted to the erection of one house and she also felt that the Board should know who owns lots,225 and 226. According to the Assessors' records, Mr. Knox owns 227. She further suggested that dispositiom:of the lots be discussed with the Planning Board. The Chairman read a letter from Mr. Edwin A. Wheeler, 221 Charles Street, Waltham, advising that he will pay the price of $200 plus sewer betterment of $113.36, entertained by the Board for lot 19, Block 18, Reed Tax title Street. Mr. Wheeler now owns lots 20 and 21, Block 18, lots Reed Street. A Mr. Donald Gibbs, 41 Wamsutta Avenue, Waltham, also submitted an offer of $150.for the same two lots. It was agreed.to advise Mr. Gibbs that it is the intention of the Board to sell the lots to the abut- ting owner and to advise Mr. Wheeler that lots 19, 20 and 21 will be restricted to the erection of one house. The Clerk was instructed to bring in a plan so the Board would know definitely the size of the lots in question. Ima Xio 1 139 The Chairman read a letter from Norman T. Mey, advising that Mr. Onel Deflice is willing to pay $200 each for lots 1 and 2, Block 29, Reed Street, plus a sewer betterment of $175. Upon motion of Mrs. Morey, seconded by Mr. Reed, Tax title it was voted that a proposal to sell the lots be ad- lots vertiaed in the Lexington Minute -man and that further consideration be given the offer in two weeks. A detailed estimate of $2314. for printing 500 copies of the General By -Laws was received from Spaulding -Moss. . Upon motion of Mr. need, seconded by Mr. Maloney, it was voted to authorize Spaulding -Moss to print 500 copies of the General By -Laws. The Chairman reported that he met with Superin- tendent Smith, Mrs. Marek, Mr. Fisher and Mr. Erickson Saturday morning and went over the Barnes property. Mr. Smith now says he will need only 2300 square feet of space by 1967. Mr. Smith would like space in the main part of the building and Mr. Erickson estimates it will cost $10,000 to make the building suitable. The Planning Board, Welfare Department and Cemetery Commissioners are not part of that space. The Chairman said that the Wel ars and Cemetery Departments • are going to move over/Eut over/uthe Board still has to find a place for the Planning Board. He said he thought the basement of this building would be adequate. Mr. Maloney said there would have to be some alter- ations and by such an arrangement all Town Departments would then be in the two buildings. Mrs. Morey asked if there was any reason why the Cemetery Commissioners go along with the We]tkre. She said there is a conference room in the new building that the Cemetery Commissioners could use. She said the Planning Board does have a number of plans and could use the vault in the Police Department; the Wel- fare and Cemetery Commissioners could have a seperate entrance and the Planning Board would have a seperate entrance. The Chairman said that the Board would have to ask the Boy Scouts to constrict the area in which they are working or by fixing up a part of the wing which is being used by the Red Feather they would have room. He said, however, by doing that, the heating system will need some work done on it. Mr. Maloney asked if the Board was ready for the School Department to take over the building; if so, say so. Mrs. Morey said she thought the Board should tall the Boy Scouts they are there on a temporary basis and By -Laws Barnes property 140 should be looking for other quarters. The Chairman explained that this is something that would take place about next June. If they 'renovate the third floor and renovate the first floor to take care of the Superintendent's office, they will spend $38,000. It will cost about $5,000 to refurbish the same area for three classrooms and according to Mr. Erickson, it will cost $10,000 to fix the Barnes property, so by their figures the Town will be saving 20,000 by this move. The ideating adjourned at 10:40 P.M. • A true record, Attest: tiv ;Cler 1-4 1 SELECTMEN'S MEETING November 25, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 25, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel,and the Executive Clerk were also present. ` Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to sign a deed, prepared by Town Counsel, conveying tax title lot 5 Massachusetts Avenue (Munroe East Lexington) to William E. Maloney, 289 Bedford Street, Lexington. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to sign a deed, prepared by Town Counsel,,, conveying Lots 73 to 76 inclusive, Block D, Garfield Tax title Street to Mr. Donald Edward Watson, 65 Reed Street, Lexington. Mr. Stevens presented a petition for legislation authorizing the Town to borrow money for remodeling, reconstructing and making extraordinary repairs" to its existing Junior High School building and for re- Legislation equipping and refurnishing said school building. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to sign the petition for legislation to borrow outside the debt limit. Mr. Stevens presented a petition for legislation to further define the membership, powers and duties Legislation of the Historic Districts Commission. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sign the petition.' Mr. Stevens referred to the sewer, which he under- stood was for the motel, formerly Seabury and now Asso- ciates Realty Trust of Lexington, and explained that it Seabury was originally designed to cross Route 128 and extend sewer across Lot B, conveyed to the Town by Seabury, and then through an easement, conveyed by the Town, and across the church land to School Street. He said there was some discussinn about substituting a sewer running along Route 128 out to Massachusetts Avenue, and presented a plan which showed a strip for a tempo- rary sewer easement of twenty foot width. 141 Tax title 142 He explained that the Town is in no position to grant an easement without a Town meeting vote. He said as he understood the situation, from John Carroll, the idea is a trunk sewer to go up there at which time this sewer which is to be put in by and at the expense of the Associates Realty Trust will be taken out. He said he thought they would be satisfied with just a permit that they will release the sewer easement across Town land when the trunk sewer is built. Mr. Maloney said he thought the Town was going to'charge them the cost and put in the trunk line down to that point. Mr. Reed said he brought this up once before. It was his understanding that it would be less expensive for them to extend the trunk newer to that point or the Town extend it and they pay for it. Mr. Stevens said that John Carroll may not have this correct. Mr. Maloney said that eventually the Town is• going up there with a sewer main. He said the people in the rear section were told that the sewer would be up there and it was the Board's intention to put the trunk line in. 'Mr. Reed said he thought the Town would be saving money if they extended the trunk sewer. • Mr. Stevens explained that Seabury filed a plan and Mr. Snow advised him to get in touch with Mr. Stevens. Mrs. Morey said they would still have to go under Route 128 and Mr. Stevens said he did not know if there had been a meeting of the minds yet. The 'Chairman said that it seemed to him obvious that someone would have to talk with thew. Mr. Stevens agreed to talk to John Carroll to- morrow. He said it would be the Town's line and an easement would not be necessary. Mrs. Morey asked how much a trunk sewer cost per foot and the Chairman replied that they average $50 a foot.' He said the ordinary laterals are running $15 and this will be the same size main just put in which is twenty-seven feet. Mr. Reed explained that they will save money if the Town extends the sewer and the Board should find out if they will go along with the extension of the trunk. The Chairman said he thought someone should sit down with them and determine what it will cost to put in a pumping station. Mr. Stevens said that someone should talk with them on the time this has to be done. If they are willing to pay a substantial part and the money is available to do it, it would be a substantial saving. 1 143 He said the Town would have to give them the right to put it in subject to some reservations. He said the Town could not have someone else do it but he thought something could be worked out and agreed to discuss it with John Carroll in the morning. The Chairman read a letter from Mr. Stevens re the Maria Hastings School lot, He has completed acquisition of the parcel of land containing about Maria 2.9 acres that the Town Meeting voted, under article Hastings 60 of the Warrant for the 1957 meeting, be acquired School lot l by the Selectmen for school and playground purposes and to be added to and made a part of the school lot. The deed is dated November 8, 1957 and was recorded on November 21, 1957. The Chairman read a letter from Mr. Stevens ad- vising that the Department of Public Utilities has granted the Selectmen's:request for a local hearing on the Boston and Maine Railroad petition. No date has been set for the hearing and as the petition did not ask that the hearing be held locally, he assumed the separate hearing will be held in Boston. Letter was received from Mr. Stevens with refer- ence to tax title lots 1 and 2, Block 18, Reed Street which was sold in 1953 to James F. Sawyer. Mr, Stevens wanted to know if it was the Selectmen's intention to have a provision inserted in the deed requiring these two lots to be combined for building purposes or to require them to be combined to adjoining land, if Mr. Sawyer owns, such, for building purposes. Mr. Reed explained that in 1953 the Board was not requiring tax title lots to be combined. The Chairman said that he could • .see nothing practical to be gained by requiring these two lots to be combined for building purposes and would so advise Mr. Stevens. Boston & Maine Rail- road hearing The Chairman read a letter from Mrs. Marek, Chair- man of the School Committee, advising that the Committee Use of has voted to grant Mr. Corrigan permission to use the school High School driveway as request in the Board's letter driveway of November 18th. The permission was granted with the understanding that Mr. Corrigan must make the necessary arrangements with Mr. Smith. Letter was received from Mr. George C. Sheldon, together with petition requesting the Board to call a Special Town Meeting at its conventience to consider whatever action may be advisable in relation to the proposed shopping center at Routes 2 and 128. Petition for, Town Meeting 144 New Town Office Building The petition also requested that the Planning Board hold necessary hearings prior to the Special Town Meeting. The Chairman reported that Town Counsel advised this is not a legal petition since it does not con- tain the correct wording and Mr. Carroll reported that there were only 223 names on it properly signed. He said that, nevertheless, it does represent an obli- gation on the part of the Board and he felt something should be done about it. He reported that Nr. Grindle, Chairman of the Planning Board is to find out whether or not that Board is prepared to write an article at this time, hold public hearings and then have a Special Town Meeting called as soon as possible. He told the Board that Mr. Grindle would report back this evening. Mr. John H. Brooks, Jr., Chairman of the Additional Town Office Building Committee, and Mr. Frederic K. Johnson, a member of the Committee, met with the Board. Mr. Brooks reported that he received a letter from Mr. Greeley, the architect, advising that he New Town has accepted the building as of November 19,1957 Office and at any time now the various departments can Building move in. Mr. Brooks said the Committee would like to have the moving started because if there are any things°:.that might be discovered that they would like to discuss, it would be well to know about them as soon as possible. He asked if the Committee would instruct the departments to move in or if that was something for the Seleetmenttto do. The Chairman said that he thought it was the responsibility of the Selectmen. Mr. Reed asked if Mr. Brooks wanted to discuss plans for open house. Mr. Brooks said he would like to know whether or. not the Committee should give notice to the paper and then assign some time the building would be open for inspection. The Chairman said that he thought that was a good suggestion but after the moving is completed. He said he would like to see the departments in and then a date set for open house. Mr. Brooks asked if the open house would be taken care of by the Board and Mrs. Money said it should be both the Committee and the Board. The Chairman said this was an official notice that the building is ready for occupancy and said he thought it might be well for the Committee to put it ih writing for the record. Messrs. Brooks and Johnson retired at 8:08 P. M. 1 The Chairman reported that Mr. Leonard Jellis called him and said that Mr. Carroll had telephoned and told him that the Town now owns that triangular piece of land. Letter was received from Mrs. Ruth King, 50 Burlington Street, together with copy of letter to the Public Works Department, relative to the accumu- lation of water at the foot of her driveway. It was the opinion of the Board that the con- dition should be corrected and the Chairman was authorized to discuss the subject with Mr. Gayer. The Chairman read a letter from Brewer & Lord reporting that the Superintendent of Schools has asked him to submit to the Board of Selectmen a proposal for Burglary and Theft insurance on the contents of the school buildings. Recently a type- writer was stolen from one of the schools and, to the best of Mr. Hill's knowledge, this is the second time it has occurred within the last year or so. Mr. Smith thinks that the minimum amount of insurance that can be written, namely $1,350, would be sufficient. There is a policy on the High School contents, written some years ago, which leaves eight schools to be considered at a cost of $1,350 being $.7.25 per school or a total of $378 for three years. Mrs. Morey raised the question as to why insurance on school contents should not be paid for from the school budget. Mr. Stevens said that actually it makes no dif- ference as it is all town money. The Chairman asked if this particular coverage would include items such as a stolen overcoat and Mr. Stevens replied in the negative. Mr. Reed reported that, in his report on insurance, Mr. Robert Cave advised the Board not to carry it. Mrs. Morey felt that the schools were more likely to have vandalism than actual theft. Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted not to place Burglary and Theft insurance on the contents of the school buildings, it being the opinion of the Board that theft from school property is not extensive enough to warrant the expense involved for such coverage. Messrs. MacDonald, Madden,tEmereon:an.doRieker, of the Group Insurance Study Committee, met with the Board. Mr. MedDonald explained that the Committee would like to make certain it is not going beyond what it was authorized to do by Town Meeting. 145 Tax title Drainage Insurance 146 Mr. Ste gens explained that the Committee is to make a study and submit recommendations. He said the Com- mittee may have to make a written report and have it circulated as there will be no opportunity pp rtunity to explain this because it has to be accepted on the ballot. He said that if the Committee decides on what it thinks is the best plan for the Town and then gets approximate figures, not bids, because it will be necessary to have an approximate cost, the Committee would not be in an embarrassing position. M;. Stevens said that the idea was that the Selectmen would have a report from the Committee and eventhough Group the question is put on the ballot, if the report was IInsurance sent to the voters, it would be something to guide them. If the report is sent out about the time the Warrant is sent out, it will guide the voters when they go to the polls. The Chairman explained that the Warrant has to be sent to the printer about the twelfth of February. He said there is still a possibility of having a Town Meeting before the Annual Meeting. Mr. Stevens explained that the voters are the ones who need the report and it was thought at the time that there would be a Fall Town Meeting. Mr. Stevens stated that if it is accepted on the ballot, the Selectmen can take it up from there, and it would be in operation the first of June or July. There- fore, something will have to be appropriated at the Annual Town Meeting. The group and Mr. Stevens retired at 9:25 P. M. The Chairman read a letter from the Recreation Com- mittee requesting $12,000 to make the necessary repairs and replacements for the swimming pool mechanism. The Chairman said he thought there would be sufficient funds in the Reserve Fund to enable the Com- mittee to purchase the long-term delivery items about Transfer which it is concerned. He said it is possible that the Committee may not need the entire $12,000. It was agreed to request the Committee to submit an estimate of the cost of the long-term delivery items that it will need. Upon receipt of this information, the Board can then request a transfer from the Reserve Fund to cover those particular items, the Committee to explain the situation to the Appropriation Committee. The Chairman read a letter from Superintendent Smith statingthat there isquite a bit of explaining to do when three of his principals have 3200 lbs. of equipment is dropped into their buildings without any warning. He also mentioned that there have been at 1 least four incidents during thepast six months in which varioustown departments have imposed matters on the schools and personnel. The Chairman said that he did not know about the incidents to which Mr. Smith referred, butthe first one was probably the voting machines. He discussed the subject with Mr. Smith last week be- fore the machines arrived and at that time, he agreed to take them. The Chairman said he woad call Mr. Smith and dis- cuss the matter with him. The Chairman read a letter from Donald T. Clarke, Secretary to the School Committee, stating that the facilities in the Barnes property could be used advantageously by the Central Administration of the schools for a good many years. The School Committee would like the Selectmen to consider the matter and meet with the Committee to discuss the subject. Mr. Maloney suggested that the Board charge rent for the use of the building and the Chairman agreed, stating that the building would still be under the control of the Selectmen. Mrs. Morey said the Board could give the School Committee space, let the Committee renovate it to suit it and the Town could maintain it. The Chairman said he thought the Board should defer action on this particular request until it is determined how the people now in the Barnes property are going to be arranged. He said presumably there is no objection to the School Committee using the build- ing if suitable space can be found in this building for those departments now occupying the Barnes property. Mr. Reed said he thought the new building should be occupied first and he suggested that the Chief be advised to move in as soon as he can. The Chairman agreed to contact Chief Rycroft. Letter was received from Philip Banks, 420 Memorial Drive, Cambridge, requesting permission to carry on geological investigation in the Great Meadows for use in his Bachelor's thesis. The Board had no objecti6n. Report was received from the Police Department relative to an investigation made of complaint from William Gibbs, about vicious dogs in his neighborhood. The Chairman explained that the situation has been taken care of and it will not be necessary for the Board to hold a hearing. Further consideration was given to Mr. Edwin A. Wheeler's offer to purchase Lot 19, Block 18, Reed Street. 147 Schools Barnes Property Dogs Tax title 148 Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted that a proposal to sell be advertised in the Lexington Minute -man and that further considera- tion be given to the offer in two weeks. Further consideration was given to Mr. John A. Sharkey's offer to purchase Lot 13, Hazel Road. Tax title Upon motion of Mrs. Morey, seconded by Mr. Reed, it was voted that a proposal to sell be advertised. in the Lexington Minute -Man and that further con- sideration be given the offer in two weeks. Further consideration was given to offers to pur- chase Lots 228-233 inclusive on Freemont Street, re- ceived from Philip Knox and Paul Lloyd. The Chairman agreed to hold a conference with Mr. Knox and Mr. Lloyd to see if some arrangement can be worked out whereby Mr. Lloyd might acquire two lots owned by Mr. Knox, thereby making an access to Mr. Lloyd's property for possible future development. The Chairman reported that Mr. Charles G. Davis, of the Historic Districts Commission, had called the Selectmen's Office stating that Mr. Russell Kettell,.• whose term on the Commission expires January lst, Appointment should be urged to accept re -appointment. If he refuses, Mr. Davis feels it is of utmost importance that an architect be appointed to replace him. The Chairman agreed to write Mr. Kettell and ask him to continue to serve on the Commission. Tax title License Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant a First Class Agent's license to the Colonial Garage, Inc. Memo was received from Mr. Gayer advising that he would like to use Chapter 718 funds for reconstructing Massachusetts Avenue. Chapter 718 The Chairman said he would like a recommendation funds from Mr. Gayer as to whereto use the entire amount of money available. Mr. Maloney said he would like to have something done about the curve at Pelham Road. The Chairman agreed to ask Mr. Gayer to consider that location and submit a list of work he recommends be done with these funds. Dumps Mrs. Morey reported that she talked with the Chair- man of the Belmont Incinerator Committee and found that they are having a meeting tomorrow night to request the Selectmen to call a Special Town Meeting to appropriate money for an incinerator. The amount re - requested is $465,000 which will provide for an incinerator 1 1 to operate five days a week with a capacity of seventy- five tons. Originally they wanted a $640,000 incinerator but the Town did not act favorably. She reported that the road to the site has been constructed. She brought up the point that Lexington might go into this on a co- operative basis but the Chairman advised her that was interesting but they are all prepared to go to Town Meeting. The Chairman explained that at a meeting held some time ago, Mr. Flett made it very clear that Belmont did not want any other town involved. Mr. Maloney pointed out that if Lexington is not going to have industry, there is ample land available for dumping. The Chairman explained that two dump sites' mentioned were at the opposite ends of town; one in the Utica Street area and the other on Westview Street. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to ask the Planning Board, following the recommendation of the Refuse and Garbage Disposal Study Committee, to consider the subject and submit recommenda- tions as to where two dumps should be established. Mrs. Morey reported that the School Sites Committee would like to meet with the Selectmen for half an hour next Monday night. The Chairman agreed to write a letter relative to complaints about planes flying from Bedford Airport and also to Senator Saltonstall relative to funds for schools. The meeting adjourned at 10:30 P. M. A true record, Attest: 149 150 SELECTMEN'S MEETING December 2, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 2, 1957, at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Mr. Alan G. Adams met with the Board and referred to a meeting held some time ago at which time, the Chair- man of the Board acted as Moderator on the Hobbs Brook Basin discussion. He reported that he talked to a number of people in other towns, unofficially, and there Petition was the question of how to proceed. The other day, he re Hobbs mentioned the subject to Senator Ferguson and realized Brook the date for filling a bill is close. After discussing this with Senator Ferguson and others, he felt it was advisable to file a bill. Mr. Ferguson suggested that either the M.D.C. or the State Department of Natural Resourses take it. Mr. Ad s said he agreed with the suggestion of having the/amission on Beaches study it and report at the next annual session. He said that there appears little to lose and probably there will not be much opposition to having a study made. Mr. Adams presented a petition which he asked the Board to sign as individuals or as members of the Board. Mr. Adams retired at 7:40 P.M. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to sign an instrument granting permission to the Boston Edison Company and the New England Tele- phone and Telegraph Company for permission to maintain two anchor guys and three poles on Worthen Road running from Waltham Street. The Chairman read a copy of letter from Mr. Gayer to Mrs. Ruth King, 50 Burlington Street, with refer- ence to her complaint about drainage in front of her property. He advised that the problem can be corrected Drainage with hot top and he has issued an order for this work to be done as soon as possible. The Chairman explained that Mr. Gayer would like to try this first as he is ofihe opinion it will cor- rect the situation. If not, he will then do something about the drain. Pwat ►-c 1 Letter was received from the Mystic Valley Gas Company requesting permission to locate 480' of 4" steel high pressure gas main in Worthen Road for the purpose of supplying gas to a new development on Baskin Road. The proposed location was approved by Mr. Gayer Mrs. Morey reported that work has already been started and said she thought the company should not start laying mains until the request had been made and acted upon by the Board. She suggested that a memo be written to Mr. Gayer advising that if the Board has to approve proposed installations or sign any instruments, the work should not be started until approved by the Board and that all installations should first go through regular formalities. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted that the request be granted subject to the installation be done according to Mr. Gayer's require- ments and specifications. Request was received from John Cuccinello, 72 Valleyfield Street, d.b.a. Champion Disposal Service, for permission to distribute circulars at the dump on December 14th and 15th from 9:00 A.M. until 4:00 P.M. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the reouest and issue a permit for December 14th and 15th between the hours of 9:00 A.M. and 4:00 P.M. The Chairman read a letter from Town Counsel with reference to tax title lot 11, Block 88, Short Street. Mr. Stevens reported that record title of the land has, at least until very recently he was told, been in the name of Mary E. Henshaw. The property was taken for nonpayment of the 1951 and 1952 taxes by in- strument recorded in Book 8106, Page 274, and the tax lien foreclosed by deed from the treasurer to the Town dated November 15, 1956. As the result of the receipt of an offer for the land, the Board advertised and received a call from Mr. Samuel Borella who stated that his mother, Concetta Lembo, purchased the lot some time ago but never recorded the deed, In talking to Mr. Carroll, he was advised that Mr. Borella showed him the paper which was called a deed, but it/M§Pely the deed to Mary E. Henshaw. Mr. Carroll understands that very recently Mr. Borella obtained a deed of this lot from Mrs. Henshaw and has now recorded it. Mr. Stevens explained that this would have no effect on the Town's acquisition of the land for non- payment of taxes. The question for the Board is whether 151 Gas main, Pe rmi t Tax title 152 or not to sell the lot to the person who made the offer or to Mrs. Lembo. The latter apparently owns the ad- joining lots 9 and 10. Mr. Maloney said he thought the only fair action to take would be to have Mrs. Lembo pay all the expenses, back taxes, advertising, etc., which would be the pur- chase price. The Clerk was instructed to find out what the taxes would have been. The Board gave further consideration to Mr. Onel Deflicea3 offer of $200 each for lots 1 and 2, Block 29, Reed Street, plus sewer betterment of *175. A proposal to sell these lots was advertised in the November 21,-1957 issue of the Lexington Minute -man. Tax title No -persons contacted the Selectmen's Office as a re- sult of the advertisement. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sell and convey lots 1 and 2, block 29 Reed Street, to Onel Defiles for $200 each plus sewer betterment in the amount of $175. Letter was received from the Lexington Field and Garden Club requesting permission to plant shrubs Emery Park in Emery Park next Spring and to place markers on . & Common the trees on the Common for identification purposes. The Board had no objection and Mrs. Morey sug- gested that the Club discuss the subject with the Historic Districts Commission: Appointment 1 The Chairman read a letter from Mr. Russel H. Kettell with reference to the Historic Districts °emmission. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to reappoint Mr. Kettell a member of the Historic Districts Commission for a term expiring January 1, 1963. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the following licenses: Lexington Liquor Mart, Inc. 1849 Mass. Ave. Package Gds. St. Ren. Joseph Trani, inc. 1757 Mass. Ave. " " " " I. W. Douglas 915A Waltham St, First Class Agnt. " At 8:15 P.M. Mr. and Mrs. Anthony Graziano, 20 Thesda Street, Arlington, met with the Board. Mr. Graziano said that he has a problem on Phil- omen Street. He bought the property in 1946 amid found that some of the lots were not taxed to:hitm. He consulted his attorney, who was Mr. O'Connell, at the time. He died and in the meantime, Mr. Graziano came into the Town Offices and had tho.matter straightened out. He stated that some of the lots were put back on his tax bill and he paid taxes for them. Then they were taken off the tax bill and he did not discover it until after it was done. He went to the Assessor's office but could not find out why. Mr. Reed recalled a meeting some time ago with the Board of Assessors and Mr. Carroll after which it was agreed to put these lots back on his tax bill and he paid it. He said he thought it would be difficult for the Selectmen to make any decision with- out checking with the Board of Assessors. The Chairman suggested consulting Town Counsel, Mr. Graziano stated that Mr. Carroll had a letter from Town Counsel which explained the situation but since that time some of the lots have been taken off his tax bill and no one seems to know why. He said he tried to get a copy of the letter from Mr. Carroll but he cannot find it. The Chairmap asked what was the last year in which Mr. Graziano paid taxes on the lots and he re- plied that he thought it was two years�a He did not discover this until one of the. Town Engineers gave him a map and he checked back on the numbers. Mr. Reed asked what the lot numbers are and Mr. Graziano replied 354, 355, 366, 367, 368, 369, 370. His 1955 tax bill showed lots 365, 366, 367-370 in- clusive, 373,- 385 inclusive, 390-393 inclusive, part of lot 135, 349-355 inclusive. The Chairman said that he would contact Mr. Cronin in the Assessors' Office and see if the matter can be straightened out. Mr. and Mrs. Graziano retired at 8:35 P.M. Chief Ryeroft and Lieutenant Corr met with the Board. Lientenant Corr said he had four copies of the Rules and Regulations for speed zoning which are to be signed by the Board of Selectmen and attetsted. They will then be sent to the Registry of Motor Vehi- cles who call a public hearing, after notice of the hearing has been published in the local paper for three weeks. If, after the hearing, there are no objections to the posted speed limits, the Rules and Regulations will then be signed by the Registry and returned to the Town to become a part of the Traffic Rules and Regulations. Lieutenant Corr said that since the Town purchased, the radar machine, the Department has been taking so- called frontal readings'of cars on all the streets they plan to zone. They arrived at what they call the 85% frontal speed. This is determined by taking the speed of 100 cars, then counting down fifteen x's. If the 85th car is going 33 miles an hour, that is 85 frontal speed. 158 Graziano lots Philomen Street 154 He explained that they take into consideration one or two land traffic, thickly settled, business, sidewalks, etc. Lieutenant Corr explained that the regulations have been prepared the 'way the Registry of Motor Vehi- cles and Department of Public Works wants them. A man was sent out to show the Department exactly how the regulations were to be set up. The Chairman said that it would be necessary to get an appropriation at the next Town Meeting for the signs. Lieutenant Corr said that the cost for the signs, complete, including installation, will be approximately ;3600. Chief Rycroft reported that he had talked with Mr. Palmer, who had been in touch with Mr. Dine. Mr. Dine said he could not see how money could be held over so Hold over they would not have to wait until.next April. He ex- plained that Town Counsel was going to check further. The Chairman'asked if the Chef had any report as to the examination and he replied in the negative. He said he probably would not know until about the twenti- eth of April and then there is a period for appeals. Mrs. Morey mentioned that the Board had talked about restricting parking to one side of Bedford No Parking Street at Dr. Piouht property. The'Chief said that he would recommend no park- ing on the lett.-hand side going up Bedford Street and his reason was that patients' would not have to cross the street to get to the doctor's office. • Mr. Tucker asked about restricting parking in front of the Central Block between the hours of 4:00 P.M. and 6:30 P.M. and the Chief stated thAt he would be in favor. Chapter 718 funds The Chairman reported that he had Mr. Gayer check into the use of Chapter 718 funds. The estimate cost of widening Massachusetts Avenue at Pelham Road, re - ;lacing the stonewall and relocating Pelham Road is 53,000 of which ;211.,000 is for the stonewall. The Chairman said he would like to see a detailed plan showing exactly what Mr. Gayer proposes to do and the Board agreed. Mr. Reed said he would like to make this a number one project and use these funds. The Chairman said that the Board could let a con- tract and go ahead with the work. Mrs. Morey said that she would like to see a lay- out before voting on it. Mr. Tucker suggested that the Police Department IPRa 1-C UaP 1 be requested to submit area. The Chairman said at the same time, what of the street. an accident report for this that the Board should consider, ie to be done on the other side The Chairman reported that Mr. Gayer advised him that he will need *800 for Sewer Maintenance to carry him through the balance of this year. Of this amount, $400 is the Boston Edison bill for December and the balance is for miscellaneous sewer blocks. Upon. motion of Mr. Reed, seconded by N. Maloney, it was voted to request the Appropriation Committee to transfer the sum of $800 from the Reserve Fund to the Sewer Maintenance Account. 155 Transfer The Chairman reported that he talked with Mr. Stevens today in connection with Dr. Barnes/ claim for damages. Some time ago, the Board authorized him BarneeAr to settle for $2,500. Now Dr. Barnes wants another claim *100 or *200. Mr. Stevens said that he would refer the matter to the Board. The Board voted not to increase the amount author- ized to settle the claim. The Chairman reported that after the meeting last week, he talked to the Planning Board relative to the petition for a Special Town Meeting and they said they were not prepared to write an article now. If they have to, they would be opposed because the traffic problem has not been solved. He said that he explained to them that it was something for the Selectmen or the people to decide. Mr. Maloney said he thought it would be better to have the subject go to a referendum. Mrs. Morey began to discuss a meeting to be spon- sored by the Selectmen to discuss the proposed zoning change, but at that time the following members of the Recreation Committee came into the meeting: Chairman Allen, Messrs., Ferguson, Kelly, Wells and Mrs. Wanless. Mr. Samborski was also present. Mr. Allen explained that the Committee would like the Board to know how much money the Committee will request for next year. The Chairman referred to his letter relative to the $12,000 transfer and explained that the Board did not feel justified in recommending the entire amount. Mr. Allen asked what the Chairman meant by long-term items. .The Chairman explained that one of the points the Committee made was that there were some long- term delivery items, pumps, motors, etc., which if 156 Transfer they waited until April to order, they would not be delivered in time to have the pool operating in the• Summer. He said if the Board knew now what the cost of those items was, it would recommend a transfer of that amount. Mr. Samborski explained that one company broke it down to the extent that the equipment would be $4500 and the installation would cost again as much or the two combined would be $10,000. He said the equipment would be in the vicinity of $4500 or $5000. He said he could get it broken down if he had to in a day or two. The Chairman explained that if the Selectmen recommend a transfer of $12,000 and it it approved, there would not be sufficient funds in the Reserve Fund to take care of a possible snow storm. He said the Board would prefer not to put itself in that pos- ition. • Mr. Allen said that would be all right because the installation would not come until. after the Annual Town Meeting. The Chairman said that the Board does not want to deplete the Reserve Fund any more than necessary. Mr. Allen asked if the Committee could use the money after Town Meeting or the first of April, and the Chairman explained that they should make provis- ions to have,it carried over. Mr. Reed advised that the Committee should include the difference in the 1958 budget, and said if there is $12,000 left in the Reserve Fund after the last day of December, the Selectmen could request the Appropria- tion Committee to transfer it. Mr. Ferguson suggested that it be _determined whether or not the companies.would sign a contract for the mater- ials and sign a contract later on for installation. Mr. Samborski said that one company suggested that the bids go out that way; one for equipment and( one for installation. Mr. Allen said that the Committee would obtain the figures and submit them to the Board.. Mr. Samborski said that they have to get out rather fast with the bids and asked if the money can be used as soon as it is transferred. The Chairman explained that he could get bids on the equipment then. Mr. Samborski said that as soon as the transfer is made, he will contact Town Counsel. Mr. Reed asked if the Appropriation Committee might want to talk to the Recreation Committee and the Chair- man replied he thought so. Mr. Ke]ay said that step number one is for Mr. Samborski to get some figures. The Chairman said that step number two, on the 1 ,basis of that, the Board will request a transfer and step nember three is for the Recreation Committee to meet with the Appropriation Committee. Mr. Ferguson said the understanding is that the Recreation Committee will get a breakdown of the figures and give it to the Board of Selectmen who will then ask for a transfer for materials. If there is money available at the end of the year, the Selectmen will request another transfer. Mr. Allen said that he has some figures on his budget for next year and gave the amount of $10,$ 7 for Persoanal Services. The expenses amount to 24,657. He called attention to the fact that there is a change in the Personal Services, the outstanding change is for clerical and secretarial work. They would like to clange it from $300 to $800 and the $500 increase is for someone of the girls in the building or part- time help. The Committee would like to have someone in the building at least answer questions when people call. Now they do not know who to call and if they do call, no one can give any information about recre- ation. The Chairman asked if the $500 item was for serv- ices after hours and Mr. Allen replied in the negative. The Chairman asked if the $500 was to defray part of the salary of some girl already employed, and Mr. Allen replied in the affirmative. $500 Mr. Reed asked how the Committee would use the to pay a girl and Mr. Ferguson rep]isd that the Committee does not know. It is a bookkeeping proposition. Mr. Allen said that the amount for supervisors and instructors has increased because the Committee feels they have beenreceivingthe minimum of pay. The Com- mittee wants to retain the good instructors it has and this increase means $5.00 a week more. He explained that the Committee would like to illuminate the center skating rink and the closest figure the Committee has been able to get is $1800. They have a figure of $3500 for track facilities. The Committee would like to recondition the track because it received a letter from Mr. Abel stating that if something is not done about the track, the Lexington team will be barred from taking part in track events. There is an item of $2500 for playground improvements. The Committee would like to hardtop a section for basket- ball, but not necessarily have a basketball court. Mr. Allen said they would like to resurface, reloam and recondition the hockey field which is anything but good now. He stated that they have no definite figure but have suggested figures. It could go as high as $5,000. There is an item of $7,000f or putting the 157 Recreation Budget 158 playground at the Adams School in playing condition again. A figure of $1,000 has been included for paint- ing the stands at the football field, the painting to be done with Town help. He said he did not know if this item should be in the Recreation budget or in the school budget, but the Recreation Committee paid for it the last time. Mrs. Morey asked why loaming the fields and play- grounds should not be in the Park Department budget. Mr. Reed said he thought it was taken out of the Recreation budget last year and put in the Park Depart- ment.. Mr. Allen said the Committee does not necessarily want it in their budget but the work should be done. The Chairman asked if the Committee had any plana to ask for an appropriation over and above that already appropriated for the Baskin area or the sandpit area. Mr. Kefly .said that the Committee hesitated to ask any specific amount. He sal.d it seems at times that the Recreation Committee takes care of certain itmes and then at times the Park Department takes care of them. The Chairman said that, at least for the moment, he thought the Recreation Committee should include these items in its budget and let someone else dis- perse them. 1Ir. Reed said he thought repairing the track should be in the Park Department budget. Mrs. Moreyeeked if the Recreation Committee • was supposed to administer a recreation program for the Town.' She said certain items are necessary for administrating the program. The grandstands to watch it is maintenance. She suggested that the Committee recommend capital expenditures and said that the Select- men are then supposed to allocate the items to the de partment that would'properly handle them. The Chairman pointed out that some of the items are repairs, improvements and maintenance. Mr. Allen explained that the recreation facilities of the Town are down so low now the Town will have to consider spending a lot of money. Mr. Kelly said that all the things listed in the budget have to be done fairly soon. Mr. Ferguson said that there is the possibility there may be some more land the Committee will want to acquire down by the Harrington School and how much it• would cost is anyoneLi guess. The Chairman explained that the Committee makes the recommendation to the Planning Board, that Board gets.the option and the Selectmen acquire the property. Mr. Ferguson said that the Committee will recommend to the Planning Board that it acquiresland adjacent to Wax 1 the old reservoir. It has been used for skating for a number of years and not much has been done to it. He explained that the Ctmmittee:'is loathe to do anything - until it can get sone other access to it other than off Matrett Road. The Committee would like to acquire some land in back which ittbud be levelled off and made into a play area for the children in the fpring, Summer and Fall and used as" a parking area in the Winter when there is skating. Mr. Ferguson*said that the Committee in also go- ing to ask the Planning Board to be on the lookout in the Lowell Street area, East Lexington. , Mr. Reed said that the Pla:3.ning Board has an area in mind off Circle Road. Mr. Ferguson said that ChaAles and Oak Streets is another area where they would lilts to acquire some land. Mr. Wells said a lot of the Committeets planning depends on the attitude of the School Committee. Mr. Ferguson said that if the school playground areas are not going to be available, it will change the Committee's thinking on them. Mr. Ferguson referred to long-range planning and explained that the other projects they have con- sidered for five-year period is the Baskin property, the development of the gravel pit, lighting other skating•areas, development of more base ball diamonds around theTown and an additional swimming pool. The Chairman suggested that the Committee might consider the Great Meadows in its application to the recreation program. He explained that the Board is. discussing it with the Board of Selectmen in Arlington and trying to work ogt some way by which Lexington can acquire it, now owned by Arlington, for recreation purposes so it won't be sold for housing developments. The Chairman said that all that can be done as far as development is concerned, is for the Committee to establish sone figure for every year and go as far as that amount of money allows., The Committee retired -at 10:30 P.M. at which time the meeting adjourned. A true record, Attest: xecitiveClerk, Selectn 19 160 Jurors Pole location Pole location SELECTMEN'S MEETING December 9, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 9, 1957 at 7:30 P.M. Chairman James, Messrs. Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Couhsel, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following individuals were drawn for jury duty: Charles R. Alexander, 62 Reed Street, Joseph G. Connors, 54. HardingRoad, Anthony Frasca, 987 Waltham Street and Thomas P. Cerulli, 249 Lowell Street. Mr. Carroll retired. Petition was received from the Boston Edison Company for the location of one pole on Muzzey Street. Mr. Gayer explained that the installation of a Side- walk necessitated relocating one pole. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following pole location: Mussey Street, northwesterly side approxi- mately 135' southwest of Forest Street, One pole. (One existing pole to be removed.) Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate nine poles, guy wires and anchors on Eldred Street., Mr. Gayer stated that since the street has been accepted by the Town, the petitioners apparently want to bring their records up to date and the Chair- man explained that this petition is merely a formality. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following pole, guy wire and anchor locations: Eldred Street, northwesterly side north- easterly from a point approximately 25 feet northeast of Bedford Street, -- Nine poles Guy wire and anchor on second, eighth and ninth poles. 1 The Chairman read a letter from Alfred P. Tropeano requesting installation of larger street lights in front of his building at 114 Waltham Street. Mr. Maloney suggested that Mr. Tropeano be ad- vised that the Board is having a survey made by the Boston Edison Company relative to better illumina- tidn for the entire area and when the inforpation is received, he will be advised. Letter was received frpm Maxfield Parrish, Jr., 7 Paul Revere Road, complaining about the removal of trees on Massachusetts Avenue for a sidewalk. Mr. Gayer reported that the trees have been taken down and the base course is in. Mr. Tucker inquired about the number of trees removed and Mr. Gayer reported that there was about a half dozen. He said that two or three were saved that it was believed in the beginning would have to be taken down. It was agreed to advise Mr. Parrish that the work is so far advanced now there is nothing further to be considered. • Mrs. Morey said she thought that before the Town does any more Chapter 90work, the sidewalks should be put in and assessments levied without any questions being asked. The Chairman said that last week, after discussing estimate of cost with Mr. Gayer relative to taking out the curve at Massachusetts Avenue and Pelham Road, the "suggestion was made that an accident report be obtained from the Police Department. He read the report submit- ted by Chief Rycroft which explained six accidents that occurred between the period of April 27, 1953 to''Decem- ber 14, 1956. Of the six accidents, two involved per- sonal injuries. Mr. Gayer presented plans and explained possible solutions to the problem. He also explained by use of the plan what the State felt should be done last; year. Mr. Gayer said he would try to see what he could work out in regard to relocating Pelham Road. Mr. Tucker suggested placing deflectors on the curve and Mr. Gayer agreed to check into that also. Mr. Stevens brought up the matter of the better- ment assessment of $4,243.00 assessed by the Board on April 15, 1957 upon Howard W. Foley and others, 5 Harrington Road, Lexington, in connection with the lay- ing out and construction oe Worthen Road. This better- ment had been assessed on the Foley land, a]ihough such land did not actually abut on Worthen Road, because df the representation by Dr. Foley to the Town Meeting 161 Street light Sidewalk Sidewalks Curve at Pelham Road Foley better- ment abated 162 Order of Taking, Jr. High School when the laying out of the road was accepted that he had entered into arrangements to acquire the small strip of land lying between his property and Worthen Road from the owners, Mr. and Mrs. Ruben L. Seth, and Mr. and Mrs. James O. Maxner. It now appears that Dr. Foley has not acquired title to this intervening strip and he and the other owners of the property have brought a court pro- ceeding against the Selectmen, asktlng that the better- ment be determined to be invalid. Mr. Stevens said that` since the intervening parcel had not been acquired by the Foleys, the basis on which the betterment was assessed no longer applied and he recommended that the' betterment be abated. After consideration thereof and upon motion duly seconded, it was unanimously voted: To abate the street betterment of $4,243.00 assessed to Jane A. Foley, Mary H. Foley and Howard W. Foley, 5 Harrington Road, Lexington on April 15, 1957 and all inr terest thereon. Mr. Stevens said he had prepared en Order of Taking of three parcels of land for the Junior High School. He indicated on a plan the properties owned by the Town, Gray, Ives and Nillican, and presented a statement signed by John H. Millican as follows: I, John H. Millican of Lexington, Middlesex Count,, Massachusetts, hereby consent to the taking by the Town of Lexington of a portion of my land situated easterly of Burlington Street in Lexington and shown as a parcel of 3370 square feet more or less on plan hereinafter mentioned, reserving however all claims to damages for such taking, and waive any hearing prior to such taking. Said parcel is shown on a plan entitled "Fart of Junior High School Site at Burlington & Hancock Streets, Lex- ington, Mass.", dated November 22, 1957, Richard J. Gayer, Town Engineer. Mr. Stevens explained that the statement was ob- tained from Mr. Millican because the land being taken is used for agricultural purposes. Upon motion of Mr. Maloney, seconded by Nr, Tucker, it was voted to adopt an Order of Taking in the following form: : COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 9th'day of December, 1957, it is ORDERED:= Whereas by a unanimous vote of a Town Meeting duly called, warned and held on the lehday of S ptember, 1957, the Selectmen were authorized and 1 13 empowered on behalf of the Town of Lexington to take by eminent domain or otherwise acquire the land here- inafter described for school and playground purposes or for access thereto, and an appropriation of money was made for the purpose, as will more fully appear by reference to said vote, an attested copy of which is annexed hereto. NOW, THEREFORE, we, the undersigned, being a maj- ority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby,. pursuant to said vote and under and by vir- tue of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts in amendment thereof and in addition thereto, and of any and every other power and wuthority us hereto in any way enabling, take in fee in the name and on behalf of the Town of Lexington for school and playground purposes and for access thereto the following three parcels of land situated on and easterly of Burlington Street in said Lexington and bounded and described as follows: Parcel 1. A parcel of land bounded: Westerly by Burlington Street, one hundred twenty-five (125) feet; Northerly by lots C-1 and C-2 as shown on plan hereinafter mentioned, two hundred thirty-six and 50/100 (236.50) feet; Easterly by Lot E as shown on said plan and by other land now or formerly of John H. Millican, eighty (80) feet; and Southerly by land now or formerly of John H. Millican, two hundred twenty- six 1226) feet; and containing 23,700 square feet, more or less, as shown on said plan. Said parcel is shown as lot D on plan entitled "Plan Showing Part of Junior High School Site at Burlington & Hancock St's. Lexington, Mass." dated November 22, 1957, Richard J. Gayer, Town Engineer, to be recorded herewith. Parcel 2. A triangular parcel of land bounded: Southerly by lot D as shown on the plan here- inabove mentioned, ninety-three (93) feet; 164 Northwesterly by lot C-1 as shown on said plan, ninety-seven and6/100 (97.65) feet; and Easterly by lot E as shown on said plan, thirty-eight (38) feet; and containing 1,760 square feet, more or less, as shown on said plan. Said parcel is shown as lot C-2 on said plan. Parcel 3. A parcel of land bounded: Westerly by lots C-2 and D as shown on the plan0he einab vfeeentioned, fifty-eight and 8 Northerly by land of the Town of Lexington, one Hundred and ten (110) feet; Southeasterly by land now or formerlyof John H. Millican, one hundred twelve and 9/100 (.12.96) feet; and Southerly by land nvw or formerly of John H. Millican ten (10) feet; and containing 3,370 square feet, more or less, as shown on said plan. Said parcel is shown as lot E on said plan. This taking is make subject to the sewer ease- ment taken by the Town of Lexington by order dated November 21, 1938 and recorded in said Deeds, Book 6258, Page 274, which easement is indicated on the aforesaid plan and marked "25' Sewer Easement." All trees upon said land and structures affixed thereto are included in the taking. We award the damages sustained by persons is their property by reason of the taking hereby made as follows'. OWNER LAND AWARD Freeman M. Gray and Stella L. Gray Parcel 1 ]A0 Robert S. Ives and Anne Ives Parcel 2 $1.00 John H. Millican Parcel 3 el.00 1 In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or: is not correctly stated, it is to be understood that such interest is owner by an owner or owners unknown to us, and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for the improve- went for which the taking is made. WITNESS our hands and seals in said Lexington the day and year first above written. Ralph H. Tucker Raymond W. James Ruth Morey William E. Maloney Majority of the Board_ of Selectmen COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. December 9, 1957 Then personally appeared the above-named Raymond W. James, William E. Maloney, Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowleed the foregoing instrument to be their free act and deed, before me, Harold E. Stevens Notary Public My commission expires: September 16, 1961 Certificate of Vote I, James J. Carroll, Clerk of the Town of Lex- ington, hereby certify that at the Town Meeting duly called, warned and held on the 16th day of September, 1957, the following vote was unanimously adopted: 165 166 "VO1tvhhn W h fS c il be and hereby are authorized/Eo purc?iasei the by eminent domain or otherwise acquire for school and playground purposes or for access thereto, the fee, any easement or other interest in any part or parts or all of the following parcels of land situated in Lexington: situated 1. A parcel/a or near the intersection of Hancock and Burlington Streets believed to be owned by Freeman M. Gray and Stella L. Gray, which is shown as Lot D on a plan entitled "Plan of Land in Lexington, Mass." dated December 22, 1950, L. C. Brackett & Co. Civil Engineers, recorded in Middlesex South District Regis- try of Deeds as Plan no. 301 of 1951 in Book 7716, Page 87. 2. A parcel of land situated on Burlington Street believed to be owned by Robert S. Ives/and shown on the aforesaid plan as Lot C. Anne ves 3. A parcel of land abutting on and situated north- easterly of the aforesaid Lots D & C and believed to be owned by John H. Millican, and that the unexpended balance of the sum of $65,000.00 appropriated for acquisition of land for school and playground purposes in the vote adopted under Article 17 of the warrant for the Special Town Meeting held on November 19, 1956 be and hereby is made available for such land acquisition." A true copy. ATTEST: James J. Carroll Town Clerk The Chairman referred to Mr. Anthony Grazianots meeting with the Board relative to certain lots located on Philomen Street and said that he had discussed the Graziano subject with Mr. Cronin today. Some of thelots are lots partly in Arlington and some partly in Lexington. Some of the lots which Mr. Graziano says he owns are being asseeeed to one George Jordan, of Arlington, now deceased. At least three of the lots were sold by Jordan to someone else who sold them to Graziano and no deed was ever passed. Mr. Stevens said that this is nothing which the Selectmen have anything to do with and it is entirely outside of their jurisdiction. Be laid he was sure the 1 Assessors would talk with Mr. Graziano and if it develops that they need. legal advice, Mr. Cronin can get in touch with him. It was agreed to write Mr. Graziano and suggest that he bring to the Board of Assessors the deeds he has, and that are recorded at the Registry, showing the property he believes he owns. If advi_te of Town Counsel is required, Mr. Cronil:14ill contact him and arrange for a meeting in the Assessors' Office. Mr. Gayer referred to street construction and installation of sewer in Boulder Road. Mr. Stevens explained that he was requested to prepare a grant of easement. Where it goes down to a boundary line onto Burlington Street, the owners are not. willing to grant the easement. He said he was told these ownerswould want damages and it will become an expensive proposition and explained that a taking would have to be made because they are not willing to grant the easement. He reported that he went up and looked at the area and these two people on the top of the hill can't be sewered. Under the circumstance, he felt that the Board would want to consider postponing any action until it sees what develops. The Chairman said the Board should postpone action and abate on those two lots. Mr. Stevens asked if they had been assessed and Mr. Gayer replied in the negative. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to abate in full the betterment assessed on land of Waldo F. & Katherine M. Davis in connection with the installation of sewer in Boulder Road from Blake Road a distance of 375' 4' in the estimated amount of $610.51 This betterment, which has not been committed, was set forth in the schedule of estimated betterments at- tached to the Order of Taking, and was adopted on April 22, 1957 and recorded in the Middlesex South District Registry of Deeds on May 17, 1957, Book 8950, Page 605. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted to abate in full the betterment assessed on land of Helen C. Fernald in connection with the in- stallation of a sewTr in Boulder Road from Blake Road a distance of 375' - in the estimated amount of $549.49. This betterment, which has not been committed, was set forth in the schedule of estimated betterments at- tached to the Order of Taking, and was adopted on April 22, 1957 and recorded in the Middlesex South District Registry of Deeds on May 17, 1957, Book 8950, Page 605. • Mr. Stevens retired at 9:10 P.M. 167. Abatement 168 Tax title Letter was received from Pitney -Bowes, Inc., ad- vising that the sales representative W. F. O'Connell understood from Mr. Maloney that the Board is in favor of Metered Mail. The Chairman explained that no definite action was taken and asked if the Board wanted to include an item in some budget. The Board was in favor of purchasing equipmentnaeees- sary to establish a Metered Mail System and agreed to include &n item in the Selectmen's Expendes budget for 1958; the tbeettMequipment, if purchased, to. be placed in whatever office the Board determines. Letter was received fro* Claude J. Harvey, 203 Boston Road, Chelmsford, requesting permission to have the diner formerly owned by J. J. Waldron moved by A. H. LaFleur, a licensed mover, of Worcester to Chelmsford via Route 4.. The Board agreed to issue a permit and advise Mr. LaFleur that it is his responsibility to obtain permission from the State to travel over the State highway, as the Selectmen can grant him permission to travel over Town ways only. The Chairman read a letter from the Fire Com- missioners stating that they. notice the traffic lights at the Center Station have been relocated. and in their tpinion it is. unfortunate that the lights in front• of the station were not located 20 or 30 feet nearer Lexington Center. Mr. Gayer said he in under the impression the two lights to which the Commissioners refer have not been moved. It was suggested and agreed that the Chairman and Mr. Gayer would arrange ba meet the Commissioners in an effort to determine what they have in mind. Notice was received from the Secretary of the Com- monwealth advising that Gilbert G. Barclay, 3I. Sherburne Road and others, not residents of Lexington, has applied for a Certificate of Incorporation. Satisfactory character reference was received from the Chief of Police. Upon motion of Mrs. Morey, seconded by Mr. Tucker, •it was voted to sign a certificate of character and return it to the Secreatry of State. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign a deed, prepared by Town Counsel,, conveying tax title lots 1 and 2, Block:1.8, Reed Street to James F. Sawyer, et ux, 5 Center Street, Lexington. Upon motion of Mrs. Morey, seconded by Mr. it was voted to grant the following licenses: Countryside Pharmacy Five Forks Spa Elwell Inc. Regent Delicatessen Old Coffee House Connors Bros. Inc. Berman's Market 317 Woburn St. Com. 286 Lincoln St. " 55 Mass. Ave. 1729 Mass. Ave. 1775 Mass. Ave. 1777 -Mass. Ave. 12-14 Mass. Ave. n er h Pakg. tt Tucker, Vic. Mani.) n n n n n n M ti Gds. Stre. hien.) a n M 169. Mr. Gayer reported that the Road Machinery Account is low and he will need $110 for gas, labor will run about$650 and repairs for the balance of the year will make a total of $4,000. The Chairman inquired about the shortage and Mr. Gayer explained that the main reason is that he has gone through most of the equipment on a preventative mainten- ance program. The Chairman asked if the gas went into all the equipment and Mr. Gayer replied in the affirmative. The Chairman asked what the repair item was and Vi. Gayer explained that it should be parts only, as there is very little work going out. The Chairman asked if that item did not include labor except as he may have it done outside and Mr. Gayer replied in the affirmative. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to request the Appropriation Committee to transfer the sum of $4,000 from the Reserve Fund to the Road Machinery Account. Mr. Gayer referred to the installation of sewer and water for MacNeil's building and said that he called Susi and DiSantis. They are not interested in doing this under the contract because they have a job In Burlington. H Water & said that the major portion of the work will be on Merlam Sewer Street which he thought wou4LAake a week. He stated MacNeil that he had $7400 of which/WM to Whitman & Howard Building for plans so there are sufficient funds to do the work, but he did not think he would have the time. The Chairman said that meant in order to get the work done reasonably soon, it would have to go out on bid. Mr. Gayer then suggested that this project be done by the Town and he could hire someone to put in services. It was agreed that the work in connection with Mr. MBNeil's building is to be done by Town help and if necessary Mr. Gayer was authorized to rent a backhoe to do services. 170 Mr. Gayer explained a solution he arrived at rela- tive to providing sewer far`the Motel and the Board authorized him to proceed as indicabedc.an a plan he presented. Mr. Gayer retired at 9:50 P.M. Mr. M. Lawrence Allen, Chairman of the Recreation Committee, met with the Board. ent He reported that the long-term/items the lwimmimg pool will cost $5,000 and not over. The Chairman asked if that figure included pumps, piping, filter bed, etc., and Mr. Allen replied that he understood it includes all the equipment necessary. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to request the,Appropriation Committee to transfer the sum of $5,000 from the Reserve Fund to the Rebreation Committee Expenses Account, and advised the Committee that the Recreation Committee will explain the request for additional funds and why it is being made at this time. The meeting adjourned at 10.05 P.M. A true record, Attest: 1 171 SELECTMEN'S MEETING December 16, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 16, 195.7 at 7:30 P.M. Chair- man James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon application of The Gasoline Grey Nuns' Charities, Inc. for permission to maintain hearing one underground tank for the storage of 1,000 gallons of gasoline on premises located at 10 Pelham Road. Notice of the hearing was inserted in the December 5, 1957 issue of the Lexington Minute -man. No persons were present at the hearing in favor or in opposition. The Application was approved on December 3, 1957 by B. J. Belcastro, Deputy Chief, Lexington Fire Depart- ment. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to approve the application and grant a li- cense to The Grey Nuns' Charities, Inc. for permission to maintain one underground tank for the storage of 1,000 gallons of gasoline on premises at 10 Pelham Road. The following members of the School Sites Committee, School Committee and Planning Board met with the Select- men: Messrs. Greeley, Steele, Abbott, Harding; Mrs. Marek, Martin, Clark, Chapman; Grindley Jaquith; Mr. Smith and Mr. Snow. Mr. Greeley explained that he had two purposes in mind in suggesting that the groups meet together. One reason was to bring those who are not up to date and to see if an agreement can be reached on the overall picture and officially to ask for instruction as to procedure from here on. He stated that he had statis- tics if anyone desired to ask questions. Mr. Greeley said that it looks as if the Committee was talking in terms of another Junior High School im- mediately and three or four. additional elementary schools by 1970 and then further ahead about eight, may- be nine or ten additional elementary schools by the time the Town fills up under present zoning conditions, and the population reaches 50,000 or 55,000 maybe a third Junior High School, and either a greatly expanded Senior high School or two Senior High Schools. School sites 172 He explained that if the Senior High School is expanded, it means building practically a 100% duplicate plan. He said as far as the Committee can make out, whether it becomes an expanded Senior High School plan or a two High School setup, the construction is about the same and any saving may be in the land. Mr. Greeley mentioned that there is the possibility of a Junior College n com o the picture, not as a municipally supported,/b °•.ttthe State helps the Junior College, Lexington might want to be in on the ground floor and at least have a site. He said the more immdd- iate aspects the Town has is four to eight elementary schools which the Committee feels sure the Town is going to need. He said the Town will need three Junior High School sites, including the Adams, Hancock Street site, and may -need a second Senior High School site. The Com- mittee has looked at a great many sites. Mr. Greeley referred to a large map which he placed on the -wall and explained eight possible locations, some including town -owned property and following his comments on each site, all present agreed that the Town should acquire eight sites at one time and as soon as possible. The group retired at 8:14.5 P.M. Mr. Peter Zitso and Mr. William -Cavanaugh met with the Board. The Chairman explained that Mr. Zitso called him one day last week and said he had something he wanted to talk about. The subject discussed had to do with an assignment which Mr. Zitso has, National Engineers' Week, to be held around the middle of February. Mr. Zitso explained that Mr. Cavanaugh has been hired by the Committee for National Engineers' Week to guide and promote the celebration in greater Boston. Be said that they had prepared a proposal which he would like to read, and which he proceeded to do, a copy of which he left with the Board. Mr. Tucker asked about selection of a Model Town and Mr. Zitso explained that there would not be too much selection being done. They would like to have it Lexington. National Mr. Tucker asked from what the Town would be Engineers' selected, and Mr. Zitso replied it would be the greater Week Boston area. Mr. Cavanaugh said there would not be another one in the country. Mrs. Morey inquired about Mr. Zitso's connection. with National Engineers' Week and he replied there is none. His connection is with a committee made up of re- presentatives of many engineering organizations. The Chairman said it might be of some interest to point out that National Engineers' Week has been held for a number of years, but no one ever heard of it. 1 173 The New England group now feels this is the time to promote this to make everyone aware of it. Mr. Tucker asked what kind of programs there are nationally for this week and Mr. Cavanaugh replied that there will be different local engineering groups. Mr. Tucker asked if there was a national pattern and Mr. Zitso replied in the affirmative. Be said the National Society of Professional Engineers have set up a kit to promote National Engineers' Week. This kit includes speeches, banners, etc. Mr. Tucker inquired as to what kind of engineers are -involved and Mr..Zitso replied it includes all regis- tered engineers regardless of type. .They represent all the engineering profession. The Chairman said, as he understands it, itis the hope of the National Committee and the local Committee that by starting a program this size in some town of significance, the idea will catch on.and spread through- out the country that other towns may try and copy the kind of program started by this first town. Mr. Zitso said that was correct and he has a pro- gram of promoting and publicizing. Mr. Cavanaugh said they hope to get a national magazine to cover this and a national T.V. program to cover it. Mr. Tucker referred to the cost of WO and asked if that was a cost to the Town. Mr. Zitso said that he dlinot know actually what it will cost. Mr. Tucker, asked if these would be public funds and Mr. Zitso replied not necessarily. He said he as- sumed there would be a cost to Town Committees to cover stationery, postage and secretarial help. He explained it could be donated by organizations. He stated that there is no cost as far as the Greater Boston Committee is concerned. Mr. Cavanaugh said the cost could be written into the departments. He said they wanted the Board to ap- point a Committee to do this and everyone will want to be on that committee. The Chairman said he did not think it is quite that simple. Mrs. Morey pointed out that schools will be closed that week and asked if they had discussed ittitth the School Committee. - Mr. Zitso explained that it is celebrated that week because of Washington's birthday and they will move the school program up a week before. The Chairman said that as he understood it, the Town would only be committed to appointing a committee and making Cary Hall available for a meeting. Mr. Zitso said that was about it. 174 Drainage Sewer & Water for Seabury Licenses The Chairman said the Board would discuss the sub- ject and he would advise Mr. Zitso in the morning of its decision. Messrs. Zitso and Cavanaugh retired at 9:35 P.M. Letter was received from Mrs. Elizabeth McKeon 40 Bernard Street, relative to an accumulation of. water on her lawn which she claimed to be a result of the construction of the street. The subject was discussed with Mr. Gayer and he said that this is a case of a little loam and a little gravel and he thought it could be taken care of with- out much trouble. Mr. Gayer referred to water and sewer betterments in connection with the Motel and reported that he had discussed the subject with Mr. Seabury and also added the cost of a meter. He said in this case their 6" line runs from Massachusetts Avenue over to their hew building site, and since this is their main, he thought the meter should go in a pit in Massachusetts Avenue. He reported Haat a fire meter, which would be required to pass the Fire Underwriters, plus a 3" bypass meter, will run $1200, with a total to them of $3,545. This figure comprises $1745 for sewer, $600 for water and 01200 for meter. He said they dontt see why they should pay betterments, but he thought it could be explained to them. The Chairman asked if they were going to put in their own sewer connection all the way up to Massachu- setts Avenue in addition to this and Mr. Gayer replied in the affirmative. Mr. Gayer said he told them he would build the manhole for the meter and would be willing to maintain it* He said he felt the Town should keep the meter in repair. Mr. Maloney agreed and asked if the cost for installing the meter was included in the.$1200 and Mr. Gayer replied in the negative. Upon motion duly made and seconded, it was voted to grant the following licenses: Schragle Motors, Inc. 34 Bedford St. 1st. Cis. Agnt. Renl. Morris Motors 400 Waltham St. . " " Countryside Delicatessen 321 Woburn St. Com. Viet. Renl. Hancock Market 6 North Hancgek " " Howard D. Johnson, Co. Mary A. Rowland The 1775 House, Inc. Village Variety Store Wild Acre Inn Route 128 150 Lowell Bt. 130 Pleasant St. 93 Mass. Ave. 50 Percy Road " x " 1 175 The Chairman referred to an accident that occurred at the corner of Hancock and Bedfo §areets, where a Street boy was hit by an autbmobile, and/. Gayer to find out lights whether or not better illumination can be provided. An order was received from the Department of Public Utilities granting its consent to•the removal of the Woburn Stred manually operated crossing gates by a gate tender at grade the Woburn Street grade crossing, provided all trains crossing stop before passing onto the crossing and the movement of the train is protected by a member of the crew dis- playing a red flag by day and a lighted red lantern by night. Mr. Stevens referred to a claim for damages in the amount of $95, for damages to a car owned by a Mr. Cormier caused when a length of water pipe fell off a • Town water trunk. Upon motion duly made and seconded, it was voted to authorize settlement of the claim, proper releases to be obtained by Mr. .Stevens. Mr. Stevens retired at 10:00' P.M. Claim The Chairman read a letter from the State Depart- ment of Public Works relative to a proposed Special Speed Speed Regulation for certain town ways. Speed Control Control personnel from the Department and from the Registry have found the proposed limits in accord with Depart- ment 'and Registry standards. As soon as possible, a public hearing will be held at 100.Nashua Street and notice of the hearing will. be advertised in the local paper. Application for a certificate of incorporation was received from the Secretary of State on behalf of Sanborn Co Brown, 37 Maple Street; the corporation to be known as the New England Section of the American Association of Physics Teachers, Inc. Upon motion duly made and deconded, it was voted to sign the application and return it to the Secretary of State. Cert. of Inc. The Chairman read a letter fromSuperintendent Town John Blackhall Smith relative to inclusion of financial Report statistics in the 1957 Annual School Report. Letter was received from J. H. Westerbeke Corp. • relative to a Service Agreement for maintenance of the emergency generating equipment in the hew Town Office Building, the charge $70 per year. It was the Board's decision not to enter into such an agreement. Generator maintenance 176 Bonds Tax title Tax title Appointment Dog Officer Appointment Tax title Notice was received from the Department of Corpora- tions and Taxation advising that the sum of $74,300 has been established as the amount not lees than which the 1958 bond of the Treasurer shall be written, and the sum of $89,700 has been established as the amount not leas than which the 1958 bond for the Collector of Taxes shall be written. Letter was received from Philip P. Spencer, 41 Asbury Street, offering $400 for lots 21.3-258 inclusive, on Asbury Street. Mr. Spencer owns lots 533539,. The Chairman was authorized to advise Mr. Spencer that the Board is not interested in disposing of the property at the price he offered. The Board gave further consideration to Mr.'John, A. Sharkey's offer of $200 for lot 13, Hazel Road, A. proposal to sell this lot was advertised in the Dec- ember 5, 1957 issue of the Lexington Minute -man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sell and convey lot 13 Hazel Road to Mr. Sharkey for $200, the deed to include a forty -foot setback ao that the road, when constructed, will swing away from his garage and also a restriction whereby this lot will hot be built upon individually. The Chairman read a letter from Chief Rycroft, ad- vising that Officer Forten is willing to take oiler the duties of Dog Officer. Upon motion duly made and seconded, it was voted to appoint George W. Forten Dog Officer in the Town to fill the unexpired term, ending March 31,1958, caused by the math of James F. Mowat. Upon motion duly made and seconded, it was voted to reappoint James J. Connell, providing he is willing to accept, a member of the Board of Assessors for a three-year term expiring January 1, 1961. The Chairman reported that he had talked to Mr. Philip Knox and Mr. Paul Lloyd relative to tax title lbts 228-233, Freemont Street. He asked Mr. Lloyd if he would consider acquiring the two lots owned by Know if the Board decided to accept Mr. Knox's offer, and Mr. Lloyd felt that would be a good arrangement. He talked to Mr. Knox and he was not pleased. He owns six twenty -foot lots and planned to build two houses on 120 feet and wanted to acquire these lots to build two more houses, a total of four houses on six- ty foot lots. The Chairman told him that even if the Board decided to sell him six lots, he would be re- stiicted and could build only one house. 1 177 He also told Mr. Knox if the Board accepted his offer, Mr. Lloyd would not have any access and therefore it was doubtful if the Board would sell the lots. Mr. Knox said he would think it over and advise the Chairman of his decision. The Chairman reported that representatives of Cabot, Cabot and Forbes wanted to meet with the Selectmen and the Planning Board Saturday morning at 9:00 A.M. to discuss land, on which they have an option, at the corner of Route 128 and Route 2. Letter was received from Mrs. Rich, Collector of Taxes, together with a list of ambulance charges which she has been unable to collect. She asked that the Board consider abating the charges, some of which Ambulance dated back to 1951. charges The Board was under the impression that abatements made last year brought the unpaid accounts up to date and decided to askcthe Collector if this recent list includes all unpaid charges and also why they are con- sidered to be uncollectable. The meeting adjourned at 10:30 P.M. A true record, Attest: 178 Jurors Gasoline hearing Tax title SELECTMEN'S MEETING December 23, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 23, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met for the drawing of three jurors. The following individuals were drawn for jury duty: Thomas J. Costello, 36 Allen Street; Manuel F. Silva, 73 Webb Street and Thomas D. Kennedy, Jr., 124 Grant Street. Mr. Carroll retired.: Hearing was declared open upon application of John H. Millican'for a license to maintain an under- ground tank for the storage of 2000 gallons of gas- oline on premises located at 93 Hancock Street. Notice of the hearing was published in the Decem- ber 12th issue of the Lexington Minute -man, abutters notified, and the application approved by Deputy Chief Belcastro. Mr. Milliean was the only person present at the hearing. He explained that he had a tank which is twenty-five or thirty years old and he would like to replace it, at the same time increase the capacity. Upon motion of Mr. Reed,, seconded by Mr. Maloney, it was voted to grant a license to Mr. John H. Millioan to maintain one underground tank for the storage of 2,000 gallons of gasoline on premises located at 93 Hancock Street. Mr. Milliean retired. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to sign a deed, prepar 1gpw ounsel, conveying tax title lots 534 and 53 o ra Holton and Nisha Holton, h/w, 14 Trotting Horse Drive, Lex- ington. Mr. Stevens explained that in 1948 a contract was let to Daddario to construct North branch of Vine Brook sewer, stating that is the one that goes over Marrett Road. The contract was dated October, 1948, and it was supposed to be completed by July, 1949, and was for $13,606.75. Mr. Daddario got behind in �..s aab 1 his work and in July/hhe Med He said the bonding company wa and it was assumed under the b come in and finish the work. refused, stating the Town shou not going to do the actual wor The result was that Metcalf & contract, readvertise and in D the remaining part of the work and the Continental Casualty C bond as the result of some neg went along and Raimo got into and did not pay any salaries. Company came in and ran the Jo' of claims against him and ende Stevens said the Town has bee trying to get straightened out Casualty. He stated that all exception of one involving the the Town, have been disposed o the trustee processes have bee way or another and he thought position where it can complete are sufficient funds available the best way is first with Rai fished up the work Daddario was final estimate of Raimo's work were things he had to do to co not done properly. Out of the retained 2% as the surety for That was due December 5, 1951 was $25 a day for seventy-five liquidated damages. The Town $17,056.10. There was another estimate but which should have do it, and that was $383. He $3,276.43 to be paid and it sh Continental Casualty Company a and that will close the Raimo Mr. Stevens referred to t all operations. the Continental Casualty •nd that the company would demand was made and they d go ahead as they were but only pay the cost. ddy had to draw a new cember the contract for was awarded to Raimo •mpany were on Raimo's •tiating. The work inancial difficulties The Continental Casualty . Raimo had all kinds up in bankruptcy, Mr. from then until now with the Continental. Court cases, with the insurance companyvand f, He said that all taken care of one he Town is now in a settlement, and there He said he thought o who came in and fin- upposed to do. The was $56,866,68. There rect work Daddario had $56,866.68, the Town 4 one-year guarantee. nd never paid. There days, a total of $1875 old out for claims item not in the final been, as he agreed to aid that there is uld be paid to the the assignee of Raimo ont rat . e Daddario contract and explained that Metcalf & Eddy's engineering fees for new plans, etc.: was $2,472.62. Mr. Stevens had the bonding company attorney appro e every payment before it was made and accept it as a valid claim. The cost of extra work by Raimo was $6,972.82, and the additional amount paid Raimo over and abate what would have been paid to Daddario was $332,26. He said liquidated damages were charged from Aug st 1, 1949 to September 5, 1950, the date in Raimo's contract. as extended, at $25 a day, $8,375, attorney's fees $3,500,, a total. of 179 Raimo and Daddario 180 $21,652.70. He reported that he was able to estab- lish that the liqu ated damage fee was less than amounts paid to Metcalf & Eddy for supervision. Finally they agreed to all except the attorney's fees. There was nothing in the contract that said in addition to raking good loss and damage that they would have to pay attorney's fees. He said he did not feel this is something the Board should insist on. He explained the total value of work Daddario performed was $81,785.65. (Mr. Reed left the meeting at 7:50 P.M.) Daddario was paid $59,148.25 leaving a balance of $22,637.40 and deducting from that the damages and expense.the Town estimated of $21,652.70, it leaves the Town owing $984.70 having taken out this attorney's fees. Putting that back gives an amount of $4, 484.70 and that is the amount the surety company is willing to accept. Mr. Stevens said he thought it should be paid. He explained that.he insisted that the company give the Town an agreement that it will indemnify and save the Town harmless by claims of Daddario up to the amount of $4,484.70, and this means both these contracts will finally be taken care of. Upon motion of Mrs. Morey, seconded by Mr. Maloney., it was voted to authorize payment of $3,276.43 to the Continental Casualty Company, Assignee of Joseph Raimo, d/b/a/Raimo Contracting Company and payment of $4,484.70 to the Continental. Casualty Company Assignee of Attilio D. Daddario. Mr. Stevens retired at 8:05.P.M. Mr. Donald Jenkins, Jr. and Mr. Roger T. Westcott met with the Board relative to acceptance of Dane and Foster and Sherburne Roads. Mr. Westcott said that he had talked to a number of people on Sherburne Road, but they are not in Favor. One man, is deftnitely in favor but he does not want to sign:the petition alone, representing Sherburne Road. Dane, Foster Mr. Jenkins said he took the Board's sugges- arld Sherburne tion that one signature might help, but he could not Roads get more than one, and that one individual does not want to be the one that might result in acceptance. Mr. Tucker asked if the people objected be- cause of the cost involved and Mr. Jenkins replied in the affirmative. Mr. Jenkins said that the situation the people on Sherburne Road are in is the situation he dood not . want tit) be in. 1 Mr. Westcott said he feel contact all of the people. The Chairman said he did could recommend acceptance of Town without a substantial num road wanting it. He said that might have been all right, but members have the attitude if i cessary, they will not approve Mr. Jenkins asked if ther involved and the Chairman repl. definitely would, as Sherburne strutted. Mr. Jenkins asked if. the approve money to rebuild Sherb would be assedded to the peopl the Chairman replied in the af. Mr. Jenkins asked if it w cept it and built it later. The Chairman replied in t that it must be built to Town approved by the Town Engineer Mr. Westcott said his str acepted until Sherburne Road i the Chairman said he was subst He said the Board would have t construction requests and dete it would be a good gamble to t light of the entire financial Board could recommend acceptan it appears in_the public inter tight, it takes a high degree He said the Board would t when the budgets for 1958 have see whether or not this has a explained that it will not be the Board again and if the Bo commend this, there will be a there has to be, and all prop notified. At the hearing, th portunity to approve or disep tion. Messrs. Jenkins and West P.M. A Mr. Ruggerio, who said Road, met with the Board, and ested in talking to the Board He said he has looked into th tablishing a public incinerat nearby. He has talked to the he does not want to of see how the Board herburne.Road to the er of people on the some years past this now the Town Meeting isnot really nec- the money. would be any Money ed that there very Road has not been con - own would have to me Road and if it on the road, and irmative. s possible to ac- e negative and explained pecifications and efore it can be accepted. et would never be accepted, and htially correct. o look at its street mine whether or not to do this in icture. He said the ce.of the street if . est but whenmoney is of• public interest. ake another look at it been discussed and reasonable chance.. He necessary to contact rd decides to re- public hearing, which rty owners will be y. will have an op - rove the recommenda- ott retired at 8:10 he lived .on Marrett said he tus inter - about incineration. possibility of es - r in one of the towns towns relative to the 81 Public incinerator 182 possibility of burning their rubbish and garbage. and has been very well received, and would like to know is Lexington would be interested. He said the more communities he could get, the lower the price would be per ton. The Chairman said he could say that no one on the Board is disinterested in it and he would like to hear wore about it. Mr. Ruggerio said that he does not have an in- cinerator built and is aware of the legislation that was passed in which cities and towns can contract for the disposal of rubbish and it was because of that, he made a study. He said he has a location at Exit 35 off Route 128 in Burlington. It is an industrial tract of land and that is where he proposes to locate the incinerator, This will give access to a group of communities along the highway and the rubbish can be hauled without going through other cities and towns. He has looked into equipment, priced it and has layouts. Now he wants to talk to interested communities so he can determine the amount tb be burned and then he can discuss price and any other items the town wants to know. He said he would locate depots in one or two places in the town and will deliver a trailer to the depot and have a ramp going to it so the people can dump their rubbish and garbage into the depot. He said he would leave a trailer which would be covered and post a bond guaranteeing that he will live up to everything he says. He said as far as tonnage 1s concerned, in the United States, the per capita rubbish collection is three pounds per person. Mr. Gayer asked if there was a plant of thistype in operation now and Mr. Ruggerio replied in the negative. He said if the Town was considering the possibility of operating an incinerator, the Board might look into this as it is rather expensive for a city or town not only from the amount of money to be invested but also from the operating point of view.. He said the Town could not hope to operate more than eight hours a day and he will burn sixteen or twenty hours. He said he thought they were working ten or twelve hours a day in Newton. He explained.that there are no privately Awned incinerators in this area, but. there are through New 4ersey, Mayland and they are doing a good job. Mrs. Morey asked if he proposed no pickup service, and Mr. Ruggerio replied in the affirmative. He said they might select a site like Lincoln Street, build a ramp twelve feet high and bring a trailer to the end of the ramp. The trailer is thirty feet long and would be backed in alongside the ramp. 1 183 The people would walk up the ramp and dump directly into the trailer. When the trailer is filled, an empty one would be delivered and remove the full one. He said the partially filled trailer would be taken away every -night so there would be no garbage running over. He stated that the idea is to find out if Lex- ington is interested in this because he definitely has towns that are interested. If he can determine theamount of rubbish he can burn and set up the plant accordingly, he would burn twenty-four hours a day. Mr. Tucker asked about garbage and Mr. Ruggerio replied that he would not pick it up. He said the Town might want to work its own collection system in which case it could collect and:el-larger trailer could be rbought to the same ramp. The truck could be backed up on the ramp and he would take the mix- ture of garbage and rubbish. Mr. Maloney asked why the garbage could not be dumped at the plant and Mr. Ruggerio said he wanted to eliminate trucks coming into the place as he would have no control over them. He prefers to take care of the plant operation himself and dump the material in a receiving pit.. Mr. Mal'oneyEsked if he wanted complete control of the plant and Mr. Ruggerio replied in the affirma- tive. He said the distance does not mean anything as it is only down about four miles. .Mrs. Morey asked if the location was the Acme Sand and Gravel and Mr. Ruggerio replied that he operates that and he expects he will continue. This is a new. enterprise and eventually he may dispose of the gravel interest. . Mr. Ruggerio explained that he does not expect to quote a price as he doesn't have a price. He just wants to get the Board's reaction. He said in two or three weeks, he will have some commitments and at that time, he can discuss price. Mr. Gayer asked how soon the plant would be in operation, and Mr. Ruggerio replied that he has con- sulted with his attorney and feels he may have to have a special permit from the Town of Burlington before he can proceed to construct the plant which will cost a substantial amount of money. He .said if everything goes according to schedule, he should have an incinerator in operation by September of 1958. Mrs. Morey said she assumed he had taled to other communities. Mr. Ruggerio stated that Winchester has a com- mittee on incineration and that committee is holding up its report until it has talked With him. 184 Mr. Ruggerio said the serious problem is garbage with the piggeries being pushed out of business. Mrs. Morey asked how he would handle brush and Mr. Ruggerio said anything that can be handled in a trailer he would prefer to have dumped at the depot. He said stumps and boulders were not much of a problem and the Town may have its own dump to receive theft. He said that type of rubbishwould have to be decided upon when they get down to talking about how he can do it and what he does, He said that he would not run an open dump. The Chairman said he thought this was a subject the Board would like to discuss and it should be con- sidered in the light of the problems it will bring to the Town. Mr. Ruggerio said he would not say he has the answer, but he thought he could offer incineration far less than any Town could do it. He said a Town could not put up a steel structure covered with al- uminum such as he could. The Chairman said he thought the Board should discuss the subject and then advise Mr. Ruggerio by letter what it would like to have him do. Mr. Ruggerio retired at 8:35 P.M. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the following licenses: Licenses Mrs. Sidney B. Heywood 271 Merrett Rd. Common Viet. Reenl. Geoffroy's Pharmacy 316 Marrett Rd. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to approve petitions and sign orders for Pole the following j/o polelocations, all having been ap- locations proved by Mr. Gayer. Waltham Street, easterly side approxi- mately 20•feet south of Allen Street, One pole One existing j/o pole to be removed. Waltham Street, easterly side northerly from a point approximately 710 feet north of Allen Street, Eight poles Eight existing j/o poles to be.removed. Waltham Street, easterly side northerly from a point approximately 550 feet nath of Blossom Street, 1 Two poles Two existing j/o poles to be removed. Utica Street, southeasterly side north- easterly from a point approximately 55 feet northeast of Woburn Street, Four poles Boulder Road, easterly from a point ap- proximately 45 feet east of Blake Road, Four poles Adams Street, northwesterly side south- westerly from a point approximately 785 feet southwest of Westwood Road, Eleven poles Eleven existing j/o poles to be removed. Adams Street, northwesterly side south- westerly from a point approximately 25 feet southwest of Westwood :Road;::, Five poles Five existing j/o poles to be removed. Notice was received from the Department of Natural Resources advising that the Town of Lexing- ton's determined financial liability for 1955 Dutch_. Elm disease control is *7,200 and control and sup- pression of other public nuisances is $6,500. Mr. Gayer said that when Mr. Charles Brenton re- signed, Mr. Mazerall was never officially appointed to replace.him. He would now like the Board to ap- point him. . The Chairman asked if this was a requirement of the Commonwealth and Mr. Gayer replied in the affirmative. Upon motion duly made and seconded, it was voted to appoint Paul Mazerall Superintendent of Pest Control to fill the vacancy caused by the resignation of Mr. Charles H. Brenton. The Chairman read a letter from Mr. Greeley relative to a study, which he said the Board asked him to make, for planting for the Town Hall Group of Buildings. Mrs. Morey said that there has to be some plant- ing and she thought it unfortunate that the layout of the building is such as it is. 185 Dutch elm and Insect Sup. Appointment 186 She said she thought the townspeople were under the impression they were voting a second Town Office Building and now everything in the way of an office has to go in the back door. She said the Maift stair case is being shut off from public use and the townspeople are supposed to ge in the back door. Mr. Maloney said he thought that would be the proper way for them to go in particularly when they Landscaping ehter from the parking area. Town Office Mrs. Morey said that since it has been done Building that way, she thought there should be a black Walk laid from the front door to the back door so the people will not have to go all the way around, and this will affect the outdoor work. Mr. Maloney said there will be a sign at the door, and Mrs. Morey said there should be a walk connecting the front door and the back door. She asked if a gate could be put across, with police control, at the stairs going down to the cell block which would keep the public from going down the stairs.` Mr. Maloney said he did not think -the plan submitted by Mr. Greeley is what the Board wants. The Chairman suggested that the work be done by the Park Department. Mrs. Morey said she does not like the public being excluded from the main stairs of the new ✓_ office building and she thogght another walk was needed and the Board should tell Mr. Greeley that the planting is not to be done. The Chairman read a letter from Mrs. Rich, Tax Collector of Taxes, with reference to the office Collector's vacated by the Assessors. She would like a new Office counter at the cashier's window, new grille work, the light over the present cashier's window moved and to retain the vault which she is now using, to be used with the one in the Assessor's office,. The Chairman reported that he told Mrs. Rich the office would be refurbished and said he would not talk to Mr. Carroll about. his requirements as he claims he too needs more vault space. • Further consideration was given to tax title Lot 19, Block 18, Reed Street, which Mrs. Catherine V. Kelly, who owns lot 18 wants to purchase and which Mr. Edwin A. Wheeler, who owns lots 20 and 21 wants to purchase. The Chairman said he would be in favor of.sell- ing the lot to Mrs. Kelly because otherwise she would be left with only one small lot. It was agreed to advise Mrs. Ktlly that the Board has established the price of $200 and to ask her if she is Willing to pay that for it. Tax title 1 187 The Chairman referred to Mr. Zitso and his pro- posed.program for National Engineers' Week and reported that four people have been contacted and are willing to serve on a local committee, namely, Robert Cave, Aiden Ripley, Harry McCormack, Assistant Principal, National and Mr. Freeman, who works for Yewell. He explained Engineers' that it appears it is up to the Board to appoint Week these individuals to a committee to undertake this effort. He said that he had contacted Robert Sieg - flied as a fifth member,'but he is on the M.I.T. Fund as a solicitor and that will be going on at the same time. Mr. Zitso has talked to these people and told them exactly what he explained to the Board, with the exception of Mr. McCormack, but he did talk to Mr. Smith. Mr. Maloney said if these people are willing to give their time, he would not be opposed. The Chairman was authorized to contact these people and officially ask them to serve on this com- mittee far the Town. The Chairman reported that the Chairman of the Recreation Committee talked to him the other day and so did the Fire Department. They wanted to know Skating what they should do when private citizens request that areas they flood an area which they want for skating which will be for the entire neighborhood area, but on private land. Mr. Maloney suggested that the Board ask Town Counsel if the Town would be assuming any liability. The Chairman said that possibly the Board could makeup a form for the people to signy stating that the Town would flood the area initially but any fur- ther flooding, maintenance, snow sweeping, etc., would be up to them and that the Town could not be held liable for any injury, damage or otherwise. Mrs. Morey asked if the Town was going to go around and flood every one of these places because four or five children are going to skate, or for a neighborhbod..The Chairman explained that would be in the agree- ment. Mr."Tticker asked'where` the Board would draw the line and the Chairman ss.id they should agree to let any neighboring citizen use the area. Mr. Maloney said he thought the Board should limit the size of what the Town should flood. The Chairman agreed to contact Mr. Stevens on the subject. Mr. Gayer said he would like the Fire Department to obtain permission to open the hydrants so his department can protect them from freezing. The Chairman said he would discuss this with the Fire Department. 188 The Board discussed the suggestion recently made relative to the expenditure of $15 or $20 for an ex- periment with the Selectmen's table and it was also agreed that the Selectmen and Clerk should have nose plates so that citizens meeting with the Board would know the members. It was also agreed to obtain in- dividual folders for the members of the Board with their names and possibly the Town seal, in which to keep the agend&rand any other letters, By -Laws or papers pertinent to the meetings. The meeting adjourned at 9:45 P.M. A true record, Attest: 1 189 SELECTMEN'S MEETING December 30, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 30, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney and Mrs. Morey were present. Mr. Stevens', Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Pole and Telegraph Company for permission to locate one location pole on Grove Street. Mr. Mahon, representing the Boston Edison Com- pany, and Mr. Charles S. Fowler were present at the hearing. Mr. Mahon explained that the proposed pole is required to shorten up the section in order to get both telephone and Edison service into Tech Built homes. He reported that he went over the area to- day and said there is a goodly number of homes and poles on Gould Road. The Chairman asked if this would be an addi- tional pole and Mr. Mahon replied in the affirma- tive. Mr. Charles S. Fowler said he did not believe the proposed pole location concerned him as he sold his property on Grove Street three years ago. Upon motion of Mrs. Morey, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following j/o pole location: Grove Street, easterly side approxi- mately 25' south of Gould Road, -- One pole. Messrs. Mahon and Foter retired at 7:38 P.M. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the following licenses: Jennie's Lunch 62 Mass. Ave. Martin's Drug Store 1793 Mass. -Ave. Anna Phillips 29 Depot Sq. Com. Viet. Removal It tt n 11 ,t !t Licenses 190 Woodhaven Country Store 424 Marrett Rd. Corner Variety Store 856 Mass. Ave. The Clerk reported that Mr. Clarence Bentley, 39 Asbury Street, came into the office and stated that he wished to acquire a portion of lot 533 Asbury Street. In 1955, the Board sold lots 527 to 533, inclusive, to Tax title a Mr. Golini, subject for a period of ninety-nine years to the restriction that, for purposes of building, all of the lots were to be combined together to form one lot and that no more than one dwelling should be erected or placed on the combined lot. Mr. Stevens advised the Board that the owner, Mr. Golini, should be the one to bring the subject before the Board and said he would be very glad to discuss it with him. He said it would be necessary to get a con- firmatory vote of Town Meeting to permit Mr. Golini to dispose of a portion of the lot. Mr. Robert Johnson, 60 Wood Street, met with the Board. He said that there is some land adjacent to where he lives on Wood Street that he purchased ten years ago from Lulu Blake, originally tax title 'land. The Chairman asked if Mrs. Blake Bad a deed and Mr. Johnson replied it appeared as if she did. The Blakes purchased the land from the Town in 1922, 1923 or 1924. At that time, there were 'fifty or sixty lots assessed to Lulu Blake and he purchased some of those out of that group. The Assessors adsessed him for nine lots and he paid taxes. Two years later, he tried to buy some more from the same parcel, which he did. Then the Assessors refused to assess him, stating they could not take them out of an existing parcel. He said he received a bill for the whole. parcel of which he only purchased one-third. He said he advised Mr. Carroll that he was paying taxes but he did not have a deed and Mr. Carroll advised him that there was nothing he could do. He said then he met with the Board and Mr. Stevens was to pass judgement as to whether or not they could take these lots out of the parcel or not. Mr. Cronin told him he could not assess him for the second group of lots because he could not take them out of the whole parcel and Mr. Carroll advised him to let the matter drop and perhaps the Town could give him a title later. Mr. Johnson's attorney, Mr. Ayer, told -him that before proceeding in the Land Court, he must have some kind of a title from the Town. He asked if he could make some restitution to the Town and get at least as good a title as he had before with the Blakes so he can land court the lots. The Chairman asked Mr. Johnson when he last paid taxes and he said he paid taxes on some of them. Com. Vict. Renewal n n n Tax title 1 191 The Chairman asked if he considered that he had some kind of a title on some of the lots and Mr. John- son replied that the whole group is going to be land courted. Mr. Reed asked if he had a bill of sale to the lots and Mr. Johnson replied in the affirmative. Mr. Stevens asked if he received a deed and had it recorded. Mr. Johnson replied in the affirmative and said the Assessors assessed him the entire parcel. Mr. Stevens suggested that Mr. Johnson have his attorney write him a letter setting forth the situa- tion. He said he would then take it up with the Board of Assessors and then it could be determined what, if anything, can be done. Mr. Johnson said he understood the title was hazy and he paid accordingly. Mr. Johnson retired at 8:10 P.M. Mr. Stevens also left the meeting. Letter was received from Milton L. Gould, Secretary of Minute Man Highlands Association, requesting the Board to include funds in the budget for installation of street lights in Lawrence Lane. Street Mr. Gayer explained that he has included this item lights in his 1958 budget. A second letter was received from Mr. Gould re- questing installation and erection of suitable signs pertaining to speed limits, official school bus stop and children at play on Concord Avenue. Mr. Gayer explained that there are several signs on Concord Avenue.now. Letter was received from Minute Man Oil Sales, 8 Camellia Place, asking if the fuel oil for the new Police Station is open for bids. Mr. Gayer reported that he will advertise for bids right after the first of the year for fuel oil to supply all departments under public works. Letter was received from William J. Kdernan, Jr., 162 Lowell Street, requesting removal of two trees Tree which he claimed to be located on town property.' removal Mr. Gayer reported that he inspected the trees and agrees that they should be removed but stated that they are not located on Town property, but are on Mr. Kiernan's land. Fuel Oil A bill in the amount of *265 was received from Miller ? Nylander for services making topographical survey and taking soundings in ponds, North Street gravel pit. 1.92 Street acceptance The Clerk was instructed to request Mr. Allen, Chairman of the Recreation Committee, to approve the bill which is then to be paid from Engineering Department budget. The Board ajourned at 8:20 to attend the Board of Appeals hearing in Estabrook Hall on the Nashoba Realty Trust petition for permission to erect a hotel at 1722 Massachusetts Avenue. The meeting resumed at 9:LI.5 P.M. at which time the following members of the Planning Board met with the Selectmen:: Chairman Grindle, Messrs. Burnell, Jagm.ith, Soule and Mr. Snow. The Chairman explained that the subject of this meeting has been brought about by a particular situation, but it leads to a more general consideration of the requirements by the Town, under the subdivision control law, of building streets which are in condition to be accepted yet they do not abut on accepted streets. He said this has been brought to the Board's attention by people who live on Dane and Foster Roads, which are connecting streets, and Dane Road abuts on Sherburne Road, an unaccepted `street. He explained that the people on Dane and Foster Roads want their'streets accepted but the people on Sherburne Road do not. He stated that as long as the people on Sherburne Road do not, and it has been the policy of the Board for as long as he knows not to accept a street like Dane Road unless Sherburne Road is accepted, it poses somewhat of a problem. Presumably in developments of this kind the sub- division control law requires them to be built according to specifications and in a condition to be accepted. He said the Board would like to discuss the subject first, to see if the Planning Board has any information and secondly, should there be some change in the sub- division control law whereby streets of this kind could be taken care of,. He explained that this •is not an isolated situation. Mr. Jaquith said that Dane and Foster Roads are new, built under the sub -division law so they are in condition for the town to accept them. He said a section of Sherburne Road would have to be rebuilt. Mr. Snow said that Sherburne Road would only need to be blacktopped at a cost of $7.00. Mr. Reed explained that men on Dane and Foster Road have gone around for signatures on Sherburne Road but they were ableto get only one person who is in favor and he did not want to be the only individual to sign. Mr. Snow said that there is a portion of Dane Road in the Colonial Acres Section One that is un- accepted, there being two subdivisions involved on Dane Road. 1 193 The Chairman asked if the portion that abuts Sherburne Road was constructed and Mr. Snow replied in the negative. He said to his knowledge the Town has never had any conveyance of utilities or ease- ments in the first section of Dane Road and this also applies to Sherburne Road. Mr. Jaquith said when there is an area being developed acceptance of the street leading up to it could be required so this situation would not happen. Mr. Snow said on that basis Sun Valley would never have been developed. Mr. Reed said that the people on Dane and Foster Roads purchased houses with a first-class street and after a year they find the Town will not take care of it because it is not accepted. They come to the Town and are told it can't be accepted because it isnot connected to an accepted street. Then by the time it is accepted they have to spend some money on it. He said the Board could put an article in the Warrant for Sherburne Road but the people don't want it. The Chairman pointed out that there may be oppo- sition to accepting Sherburne Road at Town Meeting. Mr. Snow said that if a subdivider had to lay out a road and complete it within a year he could not develop the land any further until such time as the Town accepted the land he already laid out. The Chairman explained that the Board was posing this as a problem to find an answer. Mr. Jaquith said if a subdivider who wants to develop further on still has control of the section of the street not accepted but with houses on it, there may be some control over that situation in the law now. He said a good many cases will come up where it is an old development, the lots have been sold off by someone else. Mr. Reed said he did not think there was any law preventing the Board from accepting a street, bait it has been policy hot to in instances such as this. He explained that Mr. Stevens, Town Counsel, is of the opinion that Town equipment would be going over pri- vate property and the Town is trespassing. Mr. Maloney said it would not be considered tres- passing for the Town to plow or repair a water main. Mr. Snow said that releases have been obtained from one section of Dane Road but not on the section adjacent to Sherburne Road. He explained that Mr. Stevens had prepared the instruments and sent them out but they have not been returned. .Mr. Jaquith said that if a subdivider comes in for a subdivision of the land beyond, there may be some control over the old section but that is dome- 194 thing that would have to be worked out with Town Counsel. The Chairman said that every year the Board gets one or more of these and usually they can be resolved by asking the people to get the abutters on the con- necting street to petition for -acceptance. Mr. Maloney said that if this was going to come up each year he thought the Board should change the policy of trying to get the streets accepted. These people have lived up to Town regulations and the Board should not tell them the street can't be accepted. He said the streets should be accepted if they are satisfactory to the Planning Board and the Selectmen. Mr. Snow said that there are three subdividers Ryder, Colonial Development and the second Colonial Development. He asked why the second Colonial could not be told that he could not lay out a subdivision herebecause he has to connect to a privately owned water and sewer line. Mr. Jaquith said that whoever,.. owns the water and sewer line might give him releases and that does not take care of the street question. Mir. Reed said the Board had asked two representa- tives from Dane and Foster Roads to goo to the people on Sherburne Road, He said he did not know whether it would do any good to have someone from the Public Works Department contact them. Mr. Snow explained that the only thing involved would be pavement itself which will amount to only $7.50. Mrs. Morey said that it is $7.50 divided by two. Mr. Snow said that if there are no drains, that would be something else, but he thought the. drains were in. Mrs. Morey reported that Mr. Gayer advised that $7.50 per foot would take care of the street and that covered both sides. She suggested tellingthe people on Sherburne Road that it will cost only 3.75 this year and next year it might cost $5.75. Mr. Reed asked about inviting the Sherburne Road people to a meeting. The Chairman explained that if the Board does meet with them it will be to hold a hearing and tell them the street is going to be accepted. He suggested doing it this way and no one objected. Mr. Soule said as a street becomes constructed by a subdivider or developer and it meets the Townie- specifications he thought it should be accepted. He asked what objection there is if for some reason or other Town equipment has to cross private property. The Chairman explained that Town Counsel has some reservations. 1 195 Mr. Grindle said that the Planning Board will meet with Mr. Gummere and his engineer to discuss the land on Spring Street next Thursday evening. He said the Board of Selectmen would be welcome. The meeting adjourned at 10:10 P.M. A true recored, Attest: