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Home My WebLink About1958196 Juror Tax title SELECTMEN'S MEETING January 6, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 6, 1958 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 one juror. Mr. Lawrence Dudley Freeman, 6 Marlboro Road, was drawn for jury duty. Mr. Carroll retired. The Chairman read a letter from Frederick A. Mowatt, Loring Air Force Base, Limestone, Maine, with reference to lots 12 and 13, Block 15, Eaton Road. He stated that on December 26, 1945 he purchased the lots from Array A. Currier and Daisy L. Hartwell. The deed was recorded at the South District Middlesex Registry of Deeds on December 26, 191.5, Book 6921, Page 259. At the time he purchased the land, and since, he has been continuously in the Army. He was told by the Veterans' Administration that as he was in the service, the lots were exempt from tax- ation. However, this is not the case and because the taxes were not paid, the Town foreclosed the title on February 23, 1951. Sergeant Mowatt now wants to regain a clear title to the lots and is willing to pay any charges for taxes and betterments that may be due bo that he can sell the land and give a good title to the purchaser. Due to the fact that he is stationed at Limestone, Maine, he appointed Robert C. Merriam to represent him in the matter. Mr. Stevens said that he recalled similar in- stance where the Board released all right, title and interest of the Town back to the owner, he paying back taxes in the meantime. Mr. Reed reported that Mr. Merriam discussed this subject with him and said this man is sincere about the situation. Mr. Stevens explained that a Town is not supposed to foreclose against anyone in the. Armed Service and there is no doubt in his mind that the foreclosure could be upset.. He suggested that Sergeant Mowatt pay what is due to date plus betterment, and that the Board find out the correct amount from Mr. Carroll. 1 Mr. Stevens reported that Mr. Benjamin Golini, who purchased tax title lots 527-533 Asbury Street, from the Town called him on December 31st and said he is willing to sell part of lot 533 to Clarence Bentley to add to his driveway. The deed was drawn, at the request of the Board, to prohibit Mr. Golini from erecting more than one dwelling and that all the lots were to be combined to make one lot. Mr. Stevens explained that if the Board is in favor, it will have to release lot 533 from the re- striction. He said he would prepare an instrument for the Board to sign and that it should have a ratifying vote passed at the Annual Town Meeting. The Chairman referred to tax title lot 11, Block 88, Short Street, and Mr. Stevens' letter. Mr. Stevens stated that he has not checked at all on the deed that Mr. Borella obtained recently from Mrs. Henshaw. The Chairman said that the Board must decide to whom it wants to sell the lot and if it is to be sold to Mrs. Lembo, the Board must determine what it wants to ask for. it. Mrs. Morey suggested advising Mrs. Lembo that the Board will consider selling it to her for $150 the amount offered by the other interested party. Mrs. Morey asked if Mr. Stevens had given any. consideration to inserting an article in the.warrant this year to cover the Meagherville tax title property. Mr. Stevens replied that he has heard nothing about it. He took a plan to the Assessors' Office and asked for more information on all the lots because the plan as prepared turned out to be only the lots acquired for 1951 and 1952 nonpayment. The Chairman said this is something he will check with the Assessors. Mrs. Morey reported that part of that area is desired for one of the proposed school sites and any- thing that is going to be done should be done before there are a couple of houses constructed there. Mr. Stevens explained that -the area could be selected and the taking made. Mrs. Morey said that the Sites Committee wants to be sure of getting an area there and it needs to knoW how the Town.is going to handle the area. The Chairman asked about the procedure in re- gard to redevelopment and Mr. Stevens said that.he would give the Board a report on the, subject next weak. The Chairman referred to Mrs. Rich's letter of December 16th in regard to unpaid ambulance bills 197 Tax title Tax title Meaghervilb tax title land 198 Ambulance bills Memorial and Veterans' Day budget Tax title Tax title and explained that the. Board is of the opinion that in some instances the charges are collectable. He said the Board wanted to know how she determined they were uncollectable so he asked her and she explained that she wrote letters and made telephone calls without re- ceving any replies. Her Deputy Collector will take on this list for 3% but she has not authorized him to do it. Mrs. Morey. suggested that the Tax Collector turn the list over to the Deputy Collector. Mr, Tucker recommended that the Wt$4 Collector give the Board a list of all charges/paid after a six month period of time in an effort to keep the charges. on a current basis. The Chairman said he would advise the Collector that it is the Board's desire to turn the list over to the Deputy .Collector. Mrs. Morey said that if this subject is mentioned in the Minute -man under Selectmen's Meeting, it should be referred to as old ambulance charges. The Chairman read a letter from Raymond E. Lewis,. Adjutant, American Legion, advising that the Post has received budget requests from Mr. George Foster. The Post will be .glad to help prepare plans and budgets for Memorial Day and Veterans' Day but felt that the Board should appoint a Committee composed of represen- tatives from epresen-tatives'from the American Legion. The Veterans of Roreign Wars, The Sons of Union Veterans and the Lexington Minute Men. The Board submitted for the Board's approval the names of Daniel P. O'Connor and Harold F. Rycroft. It was agreed to make up the budgets for this year using the same figure as was approved last year. Some time before Memorial $ yy the Board will appoint a Committee to arrange/th observance of both holidays. Letter was received from Mrs. Catherine V. Kelly, 65 Bradfield Avenue, Roslindale, in reply to the Board's letter of December 26th, advising that she is still interested in acquiring tax title lot 19, Block 18, Reed Street for 1200. The.Clerk was instructed tp find out how long Mrs. Kelly owned lot 18. The Chairman referred to ten offers received for the purchase of the property at.10 Westminister Avenue, formerly occupied by Mr. Head, taken by the Town for nonpayment of taxes. Mr. Stevens asked if the Board wanted to put any restrictions on it. He suggested that the Board find out how large it is and decide whether or not it wants to advertise for bids, He said he thought the Board would advertise and write all those who have submitted bids. He said he would help in preparing the notice. 1 The Chairman asked Mr. Stevens if the Board could not move on the little parcel of land on Reed Street that Mr. Jellis would like to acquire.: He reported that Mr. Carroll said he had foreclosed it.' The Chairman said he would like to sell Mr. Jellis the piece in front of his property and sell Mr. Hossfield the piece in front of his property and keep a right of way. Mr..Stevens said he would take a look at it. 199 Tax title Mrs. Morey brought up the matter of skating on the Baskin Park area. Someone suggested that until the area is made safer, the children should not be en- couraged to skate there. Mr. Stevens explained that the State generally protects a limited access way and if it is not ade- Baskin quate, the State should be requested to make it ade- Park quate. Mrs. Morey said that until such time as there is adequate protection the Town should not do anything and Mr..Stevens said that the Town should show that something is being done to make it safe. Mr. Maloney said the Town should not become in- volved there until something definite has been de- termined in regard to the area. The Chairman brought up the subject of people requesting -the Town to flood skating areas for Skating neighborhood skating. He said he talked to Mr. Stevens areas and he thought the Board would be getting into some- thing that could become involved. If the Board does decide to flood the areas there should be some restriction in regard to the size of the areas. Mr. Stevens said the question of flooding it, keep- ing it flooded and possibly snow removal had to be con- sidered. He said if there was an area not developed where there is no question of lawns being damaged, etc., something might be worked out, but beyond that he thought the Town might be getting into some difficulties. Mr. Stevens retired at 9:25 P.M. The Chairman was authorized to advise the Recreation Committee that this is a project in which the Board does not want to involve the Town. The -Chairman read a letter from the School Committee advising that an article will be needed for an appro- priation to construct a new Junior High School and an Articles appropriation to renovate the currect Junior High School building. If. the Board decides to transfer a part of the Barnes property to the School Committee for administration, another article will be necessary to provide funds for repairs and renovations to that building. 200 Mr. Reed felt that if the building is rented to the School Department the Selectmen should insert the article for repairs. Mr. Maloney said that he is in favor of having officeiv. elsewhere than the building. He does not want to see money spent on the Barnes building, but would like the Committee to have a place suitable for many years to come. The Chairman said he agreed, but the Board would have to answer either yes or no on the request. - Mrs. Morey said if they begin to plan for a new build- ing for administration, it wouldprobably run not less than *100,000. Barnes The Chairman suggested that the School Committee property have that part of the Barnes property now being used by the Planning Board, Welfare and Cemetery Commissioners because according to Mr. Smith, that much is all they need now but they would want to expand next year and the year after. Mr. Reed said he thought the buildings should be controlled by the Selectmen and therefore the Selectmen should put the article in the warrant.. Mrs. Morey said if the School Committee wanted to renovate the building it would still be under the control of the Selectmen and thatihe Selectmen should maintain it. License The Chairman reported that Mr. Howard Butler said the Scouts realized when they took the place that when the Town'needed additional space they would have to move out. They have some long range plans for building a Scout Administration building. If the Selectmen decide to give the School Department part of the building and later give the School Department more room, that .would be all right with the Boy Scouts because it would supply them with inertia to get the new building started, but they would like to know what the Board intends to do.. They would be willing to move much of their activity down stairs and rearrange some partitions. Mrs. Morey said that the Boy Scouts should be told they are tenants at will from June on. The Board decided to move into the space vacated by the Police Department the following departments of the Town: The Planning Board, Welfare Department, Cemetery Department, Veterans' Agent and Civil Defense. It was agreed that School Administration could occupy a portion of the Barnes property and that the specific space and area will be determined at a later date. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant a Common Victualler license to Geo. R. -Reed & Son, 1721 Massachusetts Avenue. 1 Mrs. Morey said she thought the Clerk should call Mr. Greeley and ask if he has the plans of the build- ing built in 1927 which would show construction type in the basement. She said there also should be a wiring.plan. The Chairman read a letter from the Planning Board advising that a signed option has been received from Edith W. Willard and Geneive Robinson conveying to the Town land containing about 59 acres on the westerly side of North Street. The Planning Board requested an article in the warrant for the 1958 Annual Town Meeting under which 'a vote may te'd fared to acquire the land in accordance with the option terms. Letter was received from the House of Representatives, Washingtoi.D.0 together with a questionnaire con- cerning the operation and enforeement of the Hatch Act to prevent pernicious political activities. The Chairman said that he would discuss the subject with Mr. Stevens in an effort to arrive at the answer to some of the questions. The meeting adjourned at 10:4O P.M. A true record, Attest: 201 Article Hatch Act 202 McCormack claim SELECTMENtS MEETING January 13, 1958 A. regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 13, 1958 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. The Chairman reed a letter from Paul J. McCormack stating that in several instances the Town has exceeded its rights and privileges it has under a right of -way on land owned by Mr. McCormack and Albert C. Brun. The right of way in question runs from Lowell Street to the Harrington School property. Mr.'McCormack claimed that concrete stakes and light poles were erected and grading was done on land not owned by the Town. He also stated that the Town installed drain pipes in the right of way, emptying water into an existing water hole in their • land. Mr. Gayer said that he could explain the refer- ence to drainage. It had been assumed that the ease- ment was a general easement over which the driveway was constructed. He said he contacted Mr. Stevens and the easement is for the driveway only and does not include any other use. He explained that down below it empties into school property, but the pond is partly on Town property and partly on McCDnmacks property. Be said he has been working with Mr. Stevens to see what can be done and what should be done. He reported that the catch basin was built in the street so the child- ren could get across from the sidewalk on the other side. It was -run parallel to the driveway and then went into this pond. The Chairman asked when that was done and Mr. Gayer replied just recently. The Chairman asked when the concrete stakes and light poles were put in and Mr. Gayer replied that it was last year. Mr. Gayer said that he and Mr. Stevens are aware of the situation and Mr. Stevens has been working on it. The Chairman agreed to advise Mr. McCormack that Mr. Stevens and Mr. Gayer are looking into the situa- tion. 1 203 Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Pole Company requesting transfer of location for exist- location ing j%o pole to the telephone company. This is apparently a transfer of ownership. Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the transfer of ownership of the following pole: Lowell Street, northeasterly side, approx- imately 25 feet southeast of Fairlawn Lane. Petition signed by Peter H. Grimes, et ale, was received for extension of sewer to include Freemont Street and also for the acceptance of the street. Sewer and The Chairman was authorized to advise Mr. Grimes Street that. it. is too late to include these projects in the 1958 budget. Letter was received from Ernest J. Corrigan, to - 6ether with Rupert H. Stevens' bill in the amount of +.354.44. Mr. Corrigan wished to be advised whether or not the Town intends to pay. the bill. Corrigan Mr. Gayer explained that presumably this is the bills total cost and as it stands now, the Town is paying only for the difference, in the size of the water mains plus a portion of the drain which it agreed to install. The Chairman said that apparently the bill is for sewer and water in Worthen Road and all the Town agreed to do was to pay for the difference of an 8" and 12" water main, as far as this particular bill is concerned. He said he presumed the reply to the letter would be to refer to an earlier letter advising what the Town was going to pay for and what it was not going to pay for. Memo was received from Mr. Paul Palmer, together with literature relative to enabling legislation passed by the State which permits towns to honor payroll deduc- tions for charitable organizations such as the United Fund. Mr. Palmer asked that the Board include an article in the Warrant on the subject this year. Mr. Tucker pointed out that the administrative cost would be exhorbitant and he said he would not be in favor unless a minimum deduction was established. Mrs. Morey questioned whether or not there could be a vote to limit the amount of deduction. Mr. Maloney said that the present bookkeeping system is not set up to handle this. The Chairman was authorized to advise Mr. Palmer that, in the Board's opinion, the amount to be gained by such a system would be considerably less than it would cost the Town to operate it and for that reason, it is not in favor of the proposal. Article 204 Transfer Collecting ambulance bills Barnes property If, however, he felt strongly about the subject, he could obtain the signatOre of ten or more registered voters next year and request the Board to insert an article in the Warrant. The Chairman read a eopjr of letter from the Appropriation Committee to the Recreation Committee, advising that a transfer of $5,000 from the Reserve Fund to the Recreation Committeets Expenses had not been approved. The Appropriation Committee felt that the'proposed expenditure is not unforseen or an emer- gency and that an amount of this size should be ap- proved by Town Meeting. • Mr. Gayer retired at 8:10 P.M. Letter was received from Mrs. Rich, Collector of Taxes, with reference to collecting ambulance bills, suggesting that Mr. Wright, her Deputy Collector, be authorized to collect all accounts receivable for the Town including ambulance, water and sewer house con- nections. The Chairman agreed to discuss the subject with . Mr. Stevens, Town Counsel. The Chairman read a letter from John Blackhall Smith, Superintendent of Schools, with reference to the use of the Barnes property. Mr. Smith would like the large room on the second floor rear for School Committee meetings and other meeting purposes. The Chairman explained that the room is not heated at all. The Boy Scouts use it but they have purchased a couple of space heaters. He said that eventually the School Committee shoad have the main building but he did not see why the Boy Scouts should be dispossessed on short notice. Mrs. Morey said that six months' notice would be reasonable. Mr. Reed said he understood the Boy Scouts wanted the room downstairs. The Chairman explained that they would prefer.it if it were fixed up and they would like to rearrange the partitions. He said they would go there if.it is fixed up so the Board should decide how much it is going to be fixed and who is going to pay for it. Mr. Reed suggested that the Scouts do the.repairs in lieu of rent. Mrs. Morey said she thought the main portion .of the Barnes' propert- should be given to the School Department.. She suggested that it be let to the. School Department who would take care of the expenses and the building remain under control of the Selectmen. She also suggested that the Boy Scouts use the wing and be given six months' notice. 1 205 The Chairman said he thought they would need more than six months' notice. Mr. Reed said that if the School Committee is not interested in the part in which the Scouts are interested, he could not see why they could not stay there indefinitely. The Chairman explained that according to Mr. Smith's figure for ITIS need for the next ten years, the main part of the building is more than the square footage he said he wanted. The only question is the meeting room. He said it would give them a good meet- ing room there in the buildimg but he thought it would be expensive to heat. Mrs. Morey said -it might as well be done properly and she could see no reason wily the Boy Scouts could not use the room for their council meetings. She thought they should be given an opportunity to work it out. Mr. Reed said that if the Hchool Committee requests $13,000 to renovate the building, he would vote against it. The Chairman explained that if the Board controls the Building, it is then up to the Board to decide how much renovation is required, and the first decision is who is to have control. Mrs. Morey pointed out that if the Selectmen are to have control:; they would put the article in•the Warrant. Mr. Reed said he did not think the Board should give the School Department control of the building. Mrs. Morey asked if the Board could give the Committee the use of the building, the Committee to pay for the renovations and upkeep and when they move out, the building will revert to the Board. Mr. Maloney said that once the Town Departments . are out of the building, the Board would have no further use for it. The Chairman said he would like to reply and tell Mr. Smith under what conditions permission is being granted. Mr. Maloney suggested letting it to the School Department for a nominal fee so it will be legal and have that department operate and maintain the building and do the necessary repairs to its satisfaction. Mr. Reed said he would like some reservation for 'the Boy' Scouts. Mrs. Morey said the Selectmen could advise that the Boy Scouts•are to remain in the wing of the building until the apace is needed, but the Board would.expect to know a year in advance when the space will be needed and further that the Bcouts and School Committee are to work out something whereby the Scouts may have the use of the meeting room. 206 Tax title Resignation Mr. Maloney said that the Boy Scout:oftices are poorly heated and if the School Department has to change over the heating system, it would have to go all the way with the change. Mrs. Morey suggested that the Board also advise that some attehtion will:have to be given to the heating system .and the Board woald expect the School Department to provide for it in its renovation. The Chairman said perhaps the School Department would make the renovation on the first floor in lieu of rent. He said they would need some wall board, cleaning up and painting. Mr. Tucker asked if the Board wouldn't also want to reserve the garage for Town use. The Chairman said he would write to Mr. Smith stating that the School Committee will have the main portion of the building, but the Selectmen expect them to make some arrangement whereby the Boy Scouts can use the meeting room on occasion; the wing of the building will remain with the Boy Scouts; the garage will con- tinue to be used by the Town; in the uenovation they' will have to contider the heating problem for the meet- ing room and also for the Boy Scout area; the Committee will be expected to renovate and maintain the building and pay a nominal rent and provide for its own custodian. Mrs. Morey said the Committee should also be ad- vised that any changes in the parking area will be com- pletely at the discretion of the Selectmen and also that the Town will maintain the grass. Further consideration was given to Mrs. Catherine Kelly's offer to purchase tax title lot 19, Block 18, Reed Street. The Chairman reported that Mrs. Kelly purchased her present lot, 18, in 1953 and it has been assessed to her since 1936. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was voted to sell and convey Lot 19,Block 18, Reed Street to Mrs. Catherine V. Kelly for 200 plus sewer betterment in the amount of *113.36. Letter was received from Edith B. Cheever advis- ing that it is necessary for her to resign as a member of the Town Celebrations Committee. The Chairman reported that he had asked Mr. Gustin, Chairman of the Committee, for some suggestions as to replacement but has not received a reply. Mrs. Morey said that Mrs. Cheever had mentioned Mrs. Walter Sands. It was agreed not to take any action until the Chairman has heard from Mr• Gustin. 1 The Chairman read a letter from Mr. Greeley stating that the conversations in re planting were initiated by a member of the Board who talked to him and asked him to make a study tf the planting. Mr. Greeley said it is not his intention to force his services upon the Town, s The remainder of the evening/deavoted to budgets and the meeting adjourned at 11:00 P.M. A true record, Attest: '?4,!1712<) r tiv Cler , Belee e 207 20.8 Garbage contract SELECTMEN'S MEETING January 20, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 20, 1958 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, aid the Executive Clerk were also present. Mr. Stevens had a copy of the garbage contract with proposed changes introduced by Mr. Gayer. He explained that one of the important changes was that the contractor be required to collect once a week rather than twice a week as is required in the present contract. He explained that there also has been a broadAning of the prohibitive materials to include lobster shells. The Chairman asked if the contract prohibited use by householders of paper bag liners. Mr. Gayer replied that he did not think the con- tractor would object to paper bag liners. Mr. Stevens explained that the contract would en- able householders to use them. The Chairman ask how lobster shells would be dis- posed of and Mr. Tucker asked what the contractor's ob-. -ectiof to them. is'. Mr. Gayer replied that it has something to do with feeding the hogs. Mrs. Morey said that with once a week collection, people could not put lobster shells in the garbage pails and they would have to be permitted to take them to the dump. Mr. Gayer mentioned checking with the Board of Health to see if there would be any objection from a health standpoint, and the Chairman explained that any objection would be theoretical. Mr. Stevens said the Board would have to decide whether or not it was going to exclude the paper liner or permit it. Mrs. Morey said that as she recalled, the con- tractor had no objection to the paper liners. Mr. Stevens said that the contract would have to be written so it would be perfectly clear. Mrs. Morey suggested that placing the word.paper at the end of the paragraph which would read "paper, other than bags containing garbage.° 1 Mr. Reed suggested that clam shells, oyster shells and lobster shells be left out of the contract. Mr. Tucker asked what could be done if householders persisted in putting shells in the garbage and Mr. Stevens replied that it would not be collected. Mr. Tucker asked what the householder would do with the garbage. Mr. Maloney said he thought the contract should re- main -as it is except for the suggestion made by Mrs. Morey about paper. It was agreed not to make any changes in item five of the contract, which refers tO cOntract sum. Mr. Reed said he thought the Board should be able to enforce seven day collection, and Or. Stevens said that perhaps it should be spelled out. He guggested that the contract be drawn collections to be/Mg in each calendar week. Mr. Tucker suggested changing the contract to once in every seven days instead of once in the calendar week. Messrs. Allen, Ferguson, Wells, Kelly and Mrs. Wanless, of the Recreation Committee, met with the Board. Mr. Allen explained that the Committee requested an appointment with the Board because the Appropriation Committee refused to transfer $5,000 for necessary materials for the swimming pool. 3hC:Chairman explained that the Committee could include the item in its budget and let Town Meeting vote on it. Mr. Wella epresaed some doubt whether or not Town Meeting would approver it and the Chairman explained that it would be a clear expression of the Town Meeting that they did not want it. Mr. Reed asked if he felt it would be defeated at Town Meeting and Mr. Wells replied in the affirmative. Mr. Maloney said he did not think it would be de- feated as it could be explained. He said he thought the Appropriation Committee refused to make the trade- fer because therlmembers may have felt it was too large an item to approve. The Chairman explaimd that theoretically the Reserve Fund is to be/ddly for an emergency or some- thing unforeseen at the time of the Town Meeting. He said, reading into their opinion, that since this equipaess►tdeteriorated to such an:extent it must have been nearly in that condition at the time of Town Meeting and therefore should have been recognized and an appro- priation requested at that time. Mr. Allen explained that it was only called to his attention last Summer and they did, the best they could for the Summer. He said if the money is appro- priated it can't be spent until five days after the Town Meeting, and the equipment people have advised 2( 9 Recreation Committee 210 that if an order is not placed, the equipment will not be available. Mr. Stevens said that the Committee would have to wait until the adjournment of the Meeting. The Chairman explained that if this item is part of the Expense budget and brought the budget up to $20,000, it would be subject to referendum. Mr. Kealy asked if any other appeal could be made to the Appropriation Committee, and the Chairman ex- plained that the money is not now available. - The Chairman said he thought this was regular equipment but the manufacturer might have a backlog of orders. Mr. Reed suggested that the Committee discuss the item with the Appropriation Cohmittee and said that if the Committee, the Selectmen and the Recrea- tion Committee were in favor, he doubted if Town e Meeting would refuse it. Mr. Reed said that the Building and Plumbing By-laws might prolong the meeting for several weeks and he thought it would be advisable to hold a Special Town 'Meeting for the By-laws at which time the swimming pool equipment could be acted on. The Chairman asked how soon a Special Town Meet ing could be held if the Board decided to call one and Mr. Stevens replied that he could not give an answer on that now. The Chairman said it looks like the Board's pro- blem to decide whether it will call a Special Town Meeting or not prior to the Annual Meeting, to in- clude this item. Mr. Reed asked if the 001 could operate, and Mr. Allen replied that it may. Mr. Reed asked if there was any possibility that it wouldn't, and Mr. Allen replied that there is a very good chance it won't. Mr. Allen said the -Committee would like a passage way into the Batkin playground. He said there is natural skating there now and the childre'h are going over private ei-operty or climbing through brush, and the neighbors are complaining. He said the Committee would like to get a road cut through, and it understands the Selectmen have some very definite ideas about the property. The Chairman said that the Board has only discussed a preliminary plan Mr. Gayer presented about a year ago, just a sketch of what he thought might work out there and something to start discussions. He said the Board had discussed the fence -along Route 128 and the fast that it it:in such a bad state that something should be done about it. • Mr. Allen said the Committee would notify the State as it is the State's responsibility. 1 211 The Chairman explained that Route 128 is going to be widened and the Board did not want a fence in there if the -Town is going to put in any fill. Mr. Allen said that for safety, the fence should be there and if it is down, the State should be notified. Mr. Reed explained that the Selectmen had given. M. Gayer orders not to put a road down there. Mr. Alien explained that the Committee does not want a road, just,a passageway. Mrs. Morey said that until such time as there is a safety fence, and until such time as the Town has made it a desirable place, the Board did not,want to encourage a large number of children going in -there. She said at present it isaswampy area and not particularly safe. She said Mi. Gayer would help get the drag line. Mr. Wells asked what the drag line is for and the Chairman said that apparently there is still some on - fusion regarding responsibility. He said the discussion relative to the drag line goes back a year ago, when Mr. Gayer said he could put in a drag line and put some of the fill from the higher area into the low area. He said he did not expect Mr. Gayer would be doing any- thing until some plan had been approved for development of the property. Mr. Reed explained that the Baskin playground is not part of the recreation program until it is developed. Mi. Ferguson said that the Committee asked for a passageway without going over private property.- Mr. Gayer said he could not do it and the Selectmen say hs should not do it. Now someone is talking about a drag€ line. He said the Committee would like an onion as to whether or not the skating area would be available. He said the Committee is not par enough along to be thinking about drag lines, Mr. Maloney mentioned that there is $10,000 avail- able for improvement of the area, and it is his under- standing that the Recreation Committee would get plans and the Selectmen would spend the money. He suggested that the Recreation Committee proceed to get plans. and submit' recommendations to the Board of Selectmen. r Mr. Wells awked what the Selectmen would do if the Committee should say that there should not be any money spent in this area. - The Chairman explained that Town Meeting accepted the land as a playground and the $10,000 was appropriated to improve it eo it could be used. Mr. Kelly asked if the Baskin land could revert to the' family. • Mr. Stevens explained that the':transfer was for playground and recreational purposes and it Must be made available. Mr; Tucker suggested that the Recreation Committee make some recommendations. 212 Mr. Reed agreed and said that the area should not be used for recreation at the present time, and it is not the Recreation Committee's responsibility now. Mr. Allen said he would like to have it made clear so that townspeople will not be calling the - Recreation Committee. Mr. Maloney explained that people should be told that nothing has been done about the area and if people call about trespassing, it should be brought to the attention of the Board of Selectmen or the Police Department. Mr. Allen said it is not just the Baskin property but also the sandpit. The Chairman suggested that it might help the Committee to have a list of the Town facilities the use of which is the Committee's responsibility. Mr. Ferguson said that he thought everyone was trying to do the right thing but he thought it was a shame not to cut a path through so the children can skate. He said if there is good ice, every child in the neighborhood is going skating. Mr. Tucker said it was his recollection that the Recreation Colmittee was going to come in with recom- mendations on the Baskin area. Mr. Maloney explained that the *10,000 was to be spent for use of Town equipment when it was not busy so that the Town would realize more for its money. . Mrs.. Morey pointed out that the State fence goes through the best part of the skating area and it now stands in water. If Rpute 128 is widened, it might change the skating area because it will fill in over toward that fence and the shoulder will go down to where the fence is. She said she thought the Town should proceed slowly until the engineering work has been done. . Mr. Maloney agreed that the Town should move cautiously and said that a suitable fence that the State would erect up there would cost several thousand dollard. Mr. Ferguson said, going back to the sandpit, the>r. Committee's responsibility is to get plans and then submit recommendations to the Board as to what should be done and what it would cost. Mr. Allen enked what is the proper department to flood skating areas such as the Adams School. The Chairman explained that the Fire Department can be ordered to flood the area by the Committee if it is an established Town Recreation area. However, the Public Works Department should be advised also because it has to protect the hydrants from freezing. Mr. Ferguson said that the Committee had talked to Mr. Gayer who agreed to work with the Committee. Pic L Mr. Allen said if the Committee calls Chief Cook, he does not have authority to flood, that it must come from the Commissioners. The Chairman said that if the Committee called Mr. Gayer, the flooding would be done. The Recreation Committee retired at 9:00 P.M. Further consideration was given to Mr. Paul McCprmack's letter with reference to a right of way from Lowell Street to the Harrington School property. Mi. Stevens explained that the Town Meeting vote and the deed were both clear. The strip going out to Maple Street was included in the fee. The Town conveyed by the plan but on the plan it was shown as A or parcel A so th0.-people in the public Works Department forgot it was a right of way, be- cause the plan did not state right of way. Mrs. Morey left to attend a meeting with the Planning Board.at 9:10 P.M. Mr. Stevens said that John Carroll is under the impression that Mr. McCormack just wanted to have something on record. He said he thought per- haps the Planning Board should be asked what it has in mind. Mr. Stevens said that the Town has the right tb pat: up light poles to light the right of way and stated that he would call Mr. McCormack and ask hire just what he is talking about. Memorandum was received from the Massachusetts Selectmen's Association with reference to H-1389, a bill to make uniform the use of the referendum on all appropriations over $20,000 in all towns and S-318 a petition for legislation to provide for the safety Bills and convenience of patrons on the Massachusetts Turn- pike. Mr. Stevens said he would take a look at the bills. 213 McCormack claim Resolution was received Selectmen's Association with police' force. The resolution was taken to obtain more information on from the Middlesex County reference to a Metropolitan by Mr. Maloney who agreed the subject. Notice was received from the Bureau of Accounts advising that there has been processed for payment to Lexington a check in the sum of *39,000 representing in whole or in part Lexington's apportionment from the highway bond issue voted by the General Court under the provisions of Chapter 718 of the Acts of 1956. Resolution Chapter 718 Funds 214 The Chairman read a letter from the Town of. Burlington with reference to an agreement between the Burlington Water District and.the Town of Lex - Burlington ington, signed December 27, 1955. At the time the Water agreement was signed, it was agreed that use of water would be limited to 12 residences on Muller Road. The Commissioners requested permission to substitute a new residence for bne of the existing residences, at the same time maintaining the agreement as to the total limit of 12 services. Neither Mr. Stevens nor the Board were in favor of granting the request. Further consideration was given to Mr. Corrigan's letter with reference to. R. H. Stevens! bill in the Corrigan amount of k,354.44, which, the Chairman explained, water & is for extra sewer and water work on Worthen Road. sewer bills Mr. Stevens stated that there was to be some contribution made for the extra size pipe and the Chairman explained that the amount had been deleted. It was agreed to return the bill to Mr. Corrigan and point out what was set forth in the Board's letter to him of October 7, 1957. Mr. Stevens retired at 9:50 P.M. Petition was received -from the Boston Edison Com- pany and the New England Telephone and Telegraph Company for location of four poles, guy wire and anchor on the Pole Syrth pole on Leonard Road. location Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole locations: Leonard Road, easterly side, northerly from a point approximately 125 feet north of Woburn Street, -- Four poles Ouy wire and anchor on the north pole. Letter was received from the State Department of Public Works advising that the tentative 1958 Chapter 90 allotments for Lexingtonsare: Project State Town County Concord Avenue $18,500 $9,250 $9,250 Maintenance 1,500 1,500 1,500 The Chairman read a letter from the Boston Edison Company to Mr. Gayer relative to relighting the inter- 1 section of Bedford Street and North Hancock Street and the proposed lighting at the rear of the New. Town Of- fice Building. The Annual increase in operating cost to the Town would be *135.60 for Bedford Street; *24.60 for North Hancock Street and $175.20 for the rear of the Town Office Building, a total of 035.40. The Board was in favor of all the recommendations and it was agreed to include an item in the 1958 budget, Letter was received from the Lexington Food Market complaining about the snow removal in the parking area at the rear of the store. Snow The Chairman explained the snow removal crew was removal aware 'of the situation and took care of it after the letter was written. Letter was received from George S. Wergse, 75 Bertwell Road, cp mending the department of Public Works lbr aiow removal operations following the last storm. 215: Street lighting Letters were received from Paul J. Erickson, 49 School Street end Frederick B. Lewis, 1 Pioneer Road, Arlington, complimenting the Police Department for assistance rendered. ,Upon lotion of Mr. Reed, seconded by Mr. Maloney, it wag voted to approve Surety Bond on behalf of Frederick O. Wright, as Deputy Collector, in the amount of $3,000 for a period expiring Becember 31, 1958; said bond having also been approved by the Com- missioner of Corporations and Taxation. Letter was received from Daniel A. Black, Presi- dnet of the St. Britid's Holy Name Society, request- ing pertission to set/lPrefreshment stand April 19th "off the sidewalk on Massachusetts Avenue at Emery Park. It was agreed not to grant any permits until more definite information is received relative to the pro- gram proposed for this year; the Society to be advised that it -will have first refusal of this particular location if it is to be made available. Letter was received from Mr. Snow with reference to recreational area and landscape development. Mr. Reed said that he thought the Board should receive some expression from the Recreation Cpmmittee before approving Mr. Snow's recommendations. The Chairman said that the Selectmen do not have time to devote to the program outlined by Mr. Snow, and if the Planning Board and Recrektion Committee are in favor, he would not have any objection. Bond April 19th lifiragUTS ment 216 Mr. Reed said he would like to snake sure that the Recreation Committee is agreeable to the proposition. . Report of the examination. of the Lexington Con- tributory Retirement System, as of December 31, 1956, Report was received from the State and it was suggested that the Chairman discuss it with the Town Accountant. Letter was received from Denis Fullerton, 2000 Massachusetts Avenue, requesting that a eager con- nection be made to his house from Estabrook Road. Request Memorandum was received from Mr. Gayer advising for sewer that the sewer line would have to be extended in an easterly direction on Massaehuse*ts Avenue from the intersection of Estabrook Road and Massachusetts Avenue. Only one house can be Bewared if the main is extended at a great coat through ledge on Este - brook Road. It was agreed to advise Mr. Fullerton, at Mr. Gayer's suggestion , to submit a request signed by him and neighbors on Massachusetts Avenue for the ex- tension of the sewer main. Upon receipt of same, an estimate of cost will be prepared for the property owners to sign which will be considered as a 1959 budget item. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign Notices of Intention to lay oat the following streets: Asbury Street, Blueberry Lane, Dane Road, Demar Road, Fairlawn Lane, Fiske Road, Flintlocks Layouts Road, Foster Road, Locke Lane, Mason Street, Peacock Farm Road, Pelham Road, Redcoat Lane, Russell Road, Stonewall Road, Trotting Horse Drive, Tuning Mill Road, Tyler Road, Westwood Road, Wheeler Road, Whipple Road, Constitution Road Ellison Road, Greenwood Street, Leroy Road, Roosevelt, Road, Sherburne Road, Stimpaai Avenue, Theresa Avenue, Winter Street and Winthrop Road. The meeting adjourned at 10:30 P.M. A true record, Attest: xe tiv Clank, Selec e'en 1 SELECTMEN'S MEETING January 27, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 27, 1958 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. Mrs. Marek, Messrs. Chapman, Clark and Martin, of the School Committee, Mr. Smith, Superintendent of Schools, and Mr. Fisher, Chairman of the Standing School Building Committee, met with the Board. The Chairman explained that the purpose of the meeting was to discuss possible use of the Barnes Pro- perty by the School Department for its administrative functions. He said hethought Mr. Smith had recently been through the building and probably has,'by this time, some definite ideas as to the adaptability of the space for School Department use. Mr. Smith said, according to the letter from the Board, received two weeks ago, the Selectmen designated the area now occupied by the Welfare Department, Plan- ning Board and Cemetery. Commissioners. He said that he did not measure the square feet but he thought the Board felt this would be equal in area to what the School De- partment now has. The Chairman explained that it is not as much in area as the Department wanted by 1963. Mr. SYnith stated that by 1963 they will want more than they have now. He said what they have now is' all on one floor and it makes the picture a little differ- ent. He reported that he went over the three areas trying to think how he could place the people they now have, not adding any more, and it ended up with not having a large room where meetings could be held. He said they have meetings almost every afternoon of one kind or another. In the evenings, they have meetings of the building committees and there would be no such room available in the space the Board indicated. He said it also lacked toilet facilities, they would be short storage space and would be unable to accommodate -one person. The Chairman said that the meeting room facilities on the second floor would be fine under certain circum- stances. 217 Barnes property 218 Mr. Smith said it would serve the purpose for meet- ings he'indicated but there is no heat there now.! He said if they could have two of the small rooms on the second floor, this would do for the immediate staff. The Chairman asked if he meant two of the rooms which they now use for storage, and Mr. Smith said they are beink used foroffice.space and are almost directly opposite the large, meeting room. He explained it is not part of the original structure e.nd goes into the wing. The Chairman asked if it was necessary to go down stairs and Mr; Smith replied that there is a door in the corridor on the second floor and that leads into it. Mrs. Morey asked if Mr. Smith was -saying that the entire main structure in itself would serve them, and the Chairman replied that it would more than serve them at the moment since they have not included the rooms on the first floor occupied by the Boy Scouts. • Mr. Smith said he stopped with the room on the right-hand side but did not include it. .He reported that on the first floor in the main building there are three large rooms and a rear room with toilet facilities. Right above, there is one large room in the front and in the back of it, is a room used by the Planning Board and a small office. In back and to the aide of that, is a large meeting room and two small offices, almost opposite the large meeting room. He said if they had this space, they could take care -of themselves for the present. He said he made some notes on how -it could be used, and the Chairman said he did not think that would be of any in- terest to the Board. Mr. Fisher said his Committee raised the question of this move. If it is going to be, it should be done now so the Committee will not have to make temporary changes or delay some changes in the building which would be very desirable at some other time. He said they could make a better school by not doing anything to the third floor. To the Committee, it makes a lot of sense to leave. that as it is and not use it for instructional purposes. The operation of the school is now a four-story building end would become only three* He said from the point. of view of safety, it is a poor layout regardless of what is done up there. The cost per room to renovate those, rooms on the 'third floor is $15,000 each instead of $7,000 or $8,000 for the others. He explained that this means they are spending twice as much to get less desirable rooms and leaving them out, the Committee still has the capacity they were requested to provide. He said the Committee has not verified any space over bbio last year's plan but he felt they now have more. He said their total class room area is more. He explained that some of the. rooms down- stairs are larger than the rooms on the third floor and except for art, that area is less pleasant and more difficult to lay out as a good classroom. 1 219 He said the Committee felt it would save money and improve the operation of the school by doing this. If the Superintendent is unable to move, the Committee will have to use this space and there is a question of getting it ready for Town Meeting. The Chairman asked if Mr. Fisher had any estimate of costs for renovating the Barnes Building and he re- plied that Harry Erickson did come up with some rough figures and he felt a general renovation without re- arrangements would be about $20,000 to do the entire building. including the Boy Scout building but no special -requirements Mr. Smith might need. The Chairman said that did not include anything for heating and Mr. Fisher said it did include some- thing for heating. Hs thought it was $3,000 or $4,000 for another heater, which was for the wing and not in- stallation for the entire building. He said, however, this was not a calculated figure. Mr. Smith said he thought it would cost consider- ably mere than $20,000 to put the entire building in the condition and provide the space the School Depart- ment would like to have eventually. He said his per- sonal feeling is they would need $15,000 to put it in condition for what the Department wants immediately. He was thinking of that over a period of three years and they might want an allocation each year to con- tinue to improve it. In other words, do it in steps and this would be dependent on how soon the Boy Scouts could leave. The large item immediately is heating. which would not be done in steps. The Chairman asked, when Mr. Smith refers to the .entire building, if he meant that in three or five years he would need.the wing in addition. Mr. Smith replied that in five years they would want just about all of the building because they now have people scattered all over the schools and as theyhave more people, they should be in one place for supervisory purposes. This, of course, would be some. years away. Mr. Maloney said the heater itself might be large enough to do a good job if everything was set up properly. He said the heater is not too old. . Mr. Smith said that the rooms ars not being ade- quately heated now. He notices four electric heaters. One room had a small radiator in it under the window and it was a long room. He said he thought the other end of the room would be cold. The Chairman said the question to be decided is whether or not it is worth while to spend the amount of money.required to fix the building for any purpose and second, whether or not the decision should now be. taken that it will become props t of the School De- partment, because it will once/Me is made even in part. 220 Mr. Maloney said it would be easier to build a new building than to put $20,000 into, this one with the square foot area to be gained. He said the Department might get a new building for less than $10 a square foot. Mr. Smith said the Department is not particularly interested in the Barnes property but is after a location. Mr. Chapman said he wondered if it would be right to spend the Town's money to renovate the Barnes property. He said he thought it would be much sounder from a finan- cial standpoint to get something more efficient. Mrs. Morey asked if they would get a building about the size of the medical building on Clarke Street. She said'it would seem foolish not to build more than is presently needed. Mr. Maloney said he doubted if it would cost $10 a square foot if modern methods of office partitions were used. Mr. Smith said the area he was talking about now is what the Department needs now. • Mr. Maloney said the Department would need about 4,000 feet now and Mr. Smith said it would be in that neighborhood.: • Mr. Fisher said it did not make much sense to build half a building now and half a building five years from now. • Mr. Maloney said this type of building would be built unfinished on the inside. Mr. Reed said that it has been his feeling that the location for the new building would be the Barnes pro- perty or the Boys' Club property. He pointed out that there are ample parking facilities. Mr. Fisher asked what would be done with the Barnes property and Mr. Reed replied that there would not be any use for it. Mrs. Morey said she would like to seethe School Department move into the Barnes property because it makes a pleasant approach. Mr. Fisher said there might be strong criticism if the building was taken down. Mr. Reed mentioned that it could become a medical center. • Mr. Smith said he had not checked, but he thought a•School Administration Building would receive the same percentage building assistance as a school building would. Mrs. Marek said that•the School Committee has spent a lot of time thinking about this, and it has been the thinking of School Committem that eventually a building would be needed. She said the thought of using the Barnes property came from the Selectmen. She said the Committee simply needs housing for the central administration and the timing element at this point is very critical., 1 221 Unless there is some place to house the office next Sumner, the Permanent School Building Committee has a problem on its hands. She said it is a matter of having adequate housing, comfortable housing and attractive housing for the Central Administration. She said some decision for renovating must be made and made very quickly. The Chairman said that if the decision is made to go into the Barnes property; it will be very difficult for some years to get some other place for central administration. Mrs. Marek asked if the Board felt the• Town would re- act favorably to a suggestion or motion, supported by both Committees, for a plot of land and a sum of money appropriated to provide central administration offices along with a new Junior High School and renovations. The Chairman replied that personally he thought if it could be pointed out that by moving central administra- tion from the Junior High School the Town would save $30,000 or $14.0,000, and if State aid is obtainable on the same basis it is now, it would provide *60,000 to build a new administration building, the Town would probably do it. Mrs. Marek said that the annual maintenance on a new building would be less than on an old building. Mr. Reed asked if it would be necessary to go to Town Meeting to give the School Departmmne land for school purposes. Mr. Stevens replied that it should be a Town Meet- ing vote to designate that for the School Department and. appropriate money for construction. - Mrs. Morey asked where the administration would go this Summer if renovations are being made, and Mr. Fisher replied that was the advantage of the Barnes property. Mrs. Marek explained that costs have gone up 5% over what they were last year and will probably go up again unless there is a recession. Mr. Fisher said that if by chance neither school is finished, there will be something like 14.00 children with no place to go; one of the buildings should be operatable. Mr. Smith said that there is more than an outside chance that the new building will not be finished. Mrs. Morey asked if the renovation would be done in the Summer months, and Mr. Fisher replied that it should not interfere with the operating of school nett Fall. He said they could schedule it so the worst would be a ahort period of double sessions. He said the auditorium or gym,might not be finished. Mrs. Morey askedere the School Department would go if told to vacate by June, and Mr. Smith replied that he could move very quickly to the basement of the Hancock School. Mrs. Marek said it could be done. 222 Mr. Reed said if the new administration building passed, money was appropriated and the Committee went ahead with the plans, the Barnes property would still be empty. He asked if the School Department could use it without doing any work,,go in as is. Mr. Smith replied that as long as the roof does not leak, it would be all right. He said they could find temporary quartersin the Barnes property or a school building. The Chairman asked if the School Comm.ittee'had to make a decision what it would propose to the Town Meeting. ,Mrs. Marek asked ifthe two groups would like to Separate for a while and each take a vote. Mr. Reed said that personally he would not vote $15,000 to renovate the Barnes property. Mrs. Marek said the School Committee would like to know if the Selectmen would support an appropriationf or a new building. Mrs. Morey made a telephone call and repor#od that State aid would not be available. Mfrs. Marek explained that if aid is not available, approval on the type of building would not be necessary. Mr. Tucker asked if the renovation as anticipated would cost half a million dollars, and Mr. Fisher re- plied that the study his Committee has made ends up the same place as last year's study before starting to re- duce it. He said if there is to be a brand new Junior High School in very good taste without frills but de- signed for the program the School Department thinks it dhould be, the Committee will have to fix up the old building on the same basis. Mr. Tucker said it might not pass Town Meeting. Mr. Fisher stated that the alternative would be to build another Junior High School in the very near future. Mr. Chapman asked if all were in agreement 'that the Barnes property does not look like the best investment to make. The Chairman said that as long as it stSys there, it will be used for some purpose, and if it is used, maintenance work will be required. Hesaid he did not know if it would be wise to do it all et once or nota Mr. Chapman asked if it was a good investment for the Town. The Chairman replied that unless the building'is going to be.torn down, it will be used and money will have to be spent on it. Mr. Chapman asked if the next decision was how long it will be used and is there a use for it. The Chairman replied that he could not see any now, but he was sure that as the Town grows, there will be need for more space. 1 223 Mrs. Morey said if it is used for school purposes, it should be in good condition before the central ad- ministration moves in. The Chairman said that if any other group of people goes in there, there will be maintenance, and the basic decision is whether the Barnes property is to be. continued to.be used or torn down. Mrs. Marek said that was the Selectmen's decision and the Chairman agreed. Mr. Fishes' asked what the Town's reaction would be to abandon an existing building and build another one, Mr. Maloney said the Board made it clear that all offices were to be located in the Town Office building and it was naturally assumed that the building was not going to be used. Mrs. Morey suggested asking for money for tBs. renovation and let the townspeople decide. Mr. Chapman said that the School Committee is not unwilling to go into the Barnes property if it is fixed up. The question is whether or not it is a good build- ing to use and if not, what is to be done. Mr. Stevens explained that there could be an article on the renovation and an article on a new building. Mrs. Marek said she thought a more definite figure should be obtained. Mr. Martin asked what the estimate was to do the job as it should be done,. Mr. Smith said that his own personal figure was $15,000 a year for three years. Mr. Fisher said he.thought a new building would cost more than that. Mr. Chapman said if it could be done for $10 a foot he thought the thing to do would be to face the issue squarely on the Barnes property. Mr. Fisher said that $45,000 seems like a lot of money to do the job. . Mr. Smith said he thought he had what seemed to him realistic figures, He said the property needs reinforcing; he did not know about the heating, changes in rooms, re- decorating, lights changed and sanitary conditions to be readjusted. Mr. Chapman said the problem on the costwould be moving partitions and if the building can be used without getting into that, some money might be saved. Mr. Clarke asked if an attempt could be made to get concrete, good estimates of the cost of repairing the Barnes property to meet the short-term needs and the long-term need and good estimates of the post pf.e new building. Mrs. Marek said she assumed it could be agreed that if the school administration offices are moved to the Barnes property, it would be properly renovated and used for school purposes for at least twenty-five years. 224 Otherwise, it would be money foolishly spent. . The Chairman said that was the way he felt. about it. Mrs. Morey said she did not like to think of what $40,000 would get, and she would like to see a building such as Mr. Tropeano built on Waltham Street which will probably cost $60,000. Mr. Chapman asked if the Selectmen would decide whether or not it is in the best interest of the Town to retain the Barnes property or figure on something differ- ent. • The Chairman said he thought so. Mrs. Marek asked if the decision could be made to- night and the Chairman said he would hope so. The Chairman asked Mr. Fisher if his Committee's function was also to build school administration build- Ings, and Mr. Fisher replied that he thought it was up to the Town and he presumed it would be in the vote. Mr. Stevens advised that it would have to be. Mr. Fisher said that he thought anything to do with school building would end up with his Committee. The Chairman asked if the Barnes property were renovated and•the School Department went into it, would the School Department heed to consider that it was then school property. Mrs. Marek replied that they would need to have it under the supervision of the School Department. Mr. Stevens said that if the arrangement is to be permanent, it should be on the.basis of turning it over to the School Department. The Chairman said that the Selectmen would communi- cate with the School Department. The group retired at 8:40 P.M.. Upon motion of Mr. Tucker, seconded by Mrs. Morey License it was voted to grant a Common Victt. ler's license to Manhatten Restaurant,145 Waltham Street. Mr. Stevens gave the Chairman a copy of H-1690, Chapter L of the Acts of 1958, an Act.authorizing the Town to borrow money for remodeling, reconstructing, Act making extraordinary repairs, re-equipping and refurnish- ing the Junior High School Building, the amount not to exceed $6,000. Mr. Stevens referred to the disposition i position o tax title property at 10 Westminister Avenue and it was .agreed to advertise February 5th, have the house open for inspec- tion February 15th and receive bids February 20th at 5:00 P.M. Mr. Stevens retired at 9:30 P.M. Petition was received from the Boston Edison Company and the New England. Telephone and Telegraph Company for pole•locations on Boulder Road. Tax title 1 225 Mr. Gayer explained that the locations were in con- nection with construction of the street and the poles have already been relocated. Pole Upon notion of Mrs. Morey, seconded by Mr.'Tucker, location it was voted to approve the petition and sign the order for the following j/o pole location: Boulder Road, southerly side, easterly from a point approximately 40 feet east of Blake Road, -- Three `poles. Three existing j/o poles to be removed. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for pole locations on Utica Street. Pole Mr. Gayer explained that the locations were location in connection with the construction of the street and the poles have already been relocated. Upon motion of Mrs. Morey, seconded by Mr. Tucker, its voted to approve the petition and sign the order for the following j/o pole locations: Utica Street, southeasterly side north- easterly from a point approximately 60' northeast of Woburn Street, -- Four poles. Four existing j/o poles to be removed. The Chairman read a letter from William Bevis, Countryside Pharmacy; asking that some consideration be Snow given to removal of snow from the corner of Lowell and removal Woburn Streets. Mr. Reed said that this is a group of stores in a business area and it was a question as to whether or not the' Board wanted to include this as one of the pick- up areas. Mrs. Morey asked, if this location is approved, about the group of stores at North Hancock Street. Mr. Reed said he would like to leave it to the dis- cretion of the Superintendent of Public Works and the Board agreed. The Chairman read a letter from the Planning Board recommending the following locations as possible sites for future Town dumps: Massimilla land off Bartlett and Lowell Streets. Sand pit at the end of Utica Street. Section of land off Lowell and North Streets. Mrs. Morey reported that the Massimilla land has been recommended as a school site and Mr. Reed said Dumping in that case, it should not be used as a dump because sites dumping there will not help it. 226 He also said that Route 3 may affect the location off Lowell Street and North Street. Mrs. Morey suggested that the subject be discussed further by the Board as soon as Town Meeting is adjourned. Warrant was received from the County Commissioners Assessment advising that the amount of $22,01.0,57 has been estab- lished as Lexington's assessment for maintenance, op- eration and repair to the Middlesex County Sanatorium. The Chairman read a letter from Mrs. Rich, Collector of Taxes, requesting the Board to tescind its vote of April 8, 1957 abating an ambulance bill, committed on April 2, 1953, same having been paid. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to rescind the vote of April, 1957 abat- ing an ambulance charge to Carol Wright, bill #242, in the amount of *3.00. Further consideration was given to David Haydon's offer of *300 for tax title lots'630-633 inclusive on Freemont Street. Mr. Haydon's father submitted an offer on the same lots in 1956 and was advised that the Board was of the opinion that it would not be in the best interest of the Town to dispose of this pro- perty. It was agreed to advise David Haydon that the Board is not in favor of disposing of the lots. Ambulance bill Tax title It was unanimously agreed to call the Annual Town Meeting on Monday, March 17, 1958 at 8:00 P.M. Appointment for Town Celebrations Committee The Chairman reported that Mr. Gultin had sub- mitted the names of Mrs. William Milne and Mrs. Sidney Williams for the Town Celebrations Committee to fill the vacancy caused by Mrs. Cheever's resignation. Mr. Reed agreed to contact Mrs. William's on the subject. Budgets were considered until 11:00 P.M. at which time the meeting adjourned. A true record, Attest eCi ler Selector 1 SELECTMEN'S MEETING February 1, 1958 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday morning, February 1, 1958 at 9:00 A.M. Chairman James, Meagre. Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mr. Stevens reported that Mr. Carroll had given the incorrect filing date to persons having taken out nomination papers. The subject was discussed and upon motion of Mr. Maloney, seconded by Mra. Morey it was voted to call the Annual Town Meeting election -of officers on the second Monday in March, March 10, 1958 because of the irregularities deriving from the Town Clerk having notified persons that the last day for filing nomina- tion papers was January 31, 1958. Mr. George Hynes, Chairman of the Cemetery•Com- missioners, met'with the Board to discuss budgets. -He explained that the Commissioners are asking for 11268.83 more on the Wages and Expenses than they had last year and reported that they turned back $263. He explained that one man left and he was not replaced. He also Said that there is an item of, $1,000 overtime which includes Saturday, Sunday and holiday funerals. The Chairman asked if any allowance had been made for increases and Mr. Hynes replied in the negative. Mr. Hynes said that the Superintendent is being paid $50.48 per week and the Commissioners are recom- mending that the salary be increased to *55.00 per week. He said this is considered a part-time job but the Superintendent is there all day also Sat- urdays and Sundays. He 'said that as far as,the Com- missioners are concerned he is giving the Town full - Mr. Hynes explained that the. Commissioners are not requesting any increase for the Clerk as money was made available for her last year and hours have been increased from three to four. Mr. Hynes retired. The Chairman referred to the use of the Barnes property and said he would propose that first the 227 Annual election Cemetery budget 228 Board thinks it is better for school administration to be isolated from a school building. Secondly, the Board prefers that such administration be in a new building that the School Department would build and thirdly that the Barnes property is avail- able to the School lyepartment if they can sell to the Town the idea of fixing it up to the extent they want it fixed up. Mr. Reed said the building would also be avail- able to them during the construction of a new build- ing if they wanted it. Mr. Maloney said when it was'decided to have a new Town Office Building the question never"came up about the Barnes property. Mrs. Morey asked if the Board would go along if they come up with an appropriation of $20,000 for renovating the Barnes property. She said the Com- •mittee would like to know if the Board would support such a vote or not. The Chairman said that his feeling isthat an article should be in the warrant to the effect it would provide school administration quarters by some means or other and.have two votes; one for a new building and an alternate one to renovate the Barnes Barnes property. He said he would support the new building property again,,if it did not cost too much money. Mrs. Morey suggested that the Board advise the Com- mittee it will support whichever recommendation they come up with providing the expenditure is not mbre than $60,000. Mr. Reed asked if she meant for the Board to gb along with $20,000 for the Barnes property and Mrs. Moray replied in the affirmative if the Committee is • convinced. Mr. Reed said he would not go along with that. The Chairman asked how muoh the Board would, be willing to spend on the building. He said the answer may be that the Board would support the con- struction of a new building to the extent of $60,000 but it would also in the meantime support some figure for them to make the Barnes property a little more ' livable, for temporary quarters. 'Mrs. Morey said that should come' out of the school budget. She suggested that the Board tell the Committee it would go along with them constructing' a new building but if they feel they want to go 'into the Barnes property, the Selectmen ars divided on what they think should be spent on it, The Chairman said that the decision has to be theirs. The Barnes property is available if they want to use it. He recommended advising the Com- mittee that the Selectmen are in favor of its suggestion of segregating administration, second, the 1 229 Board will support a new building for that function up to $60,000 and third, the Barnes property is available as temporary quarters, but the Board has not come to any opinion regarding the total amount it would fa'vor for renovation and would like to know the figure. The meeting adjourned at 12:00 noon. A true record, Attest: aec•tive ler Select e . 230 Pole location SELECTMEN'S MEETING February 3,1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 3, 1958 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. Reed arrived at the meeting at.8:40 P.M. Mr. James J. Carroll, Town Clerk, met with the. Board for the drawing of five jurors. The following individuals were drawn for jury duty: Gordon E. Cunningham, 47 Golden Avenue; William M. Hall, 359 Lowell Street; Christopher H. Bullock, 12 Hill Street; Anne H. Rich, 140 Lowell Street and Ernest E. Rogers, 18 Goodwin Road. Mr. Carroll retired. At 7:30 P.M. hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Lowell, Street. Mr. Mahon, representing the Boston Edison. Company, and Mr. Clarence D. Turner, 218 Lowell Street, were present at the hearing. Mr. Mahon explained that this is a new j/o pole which carries service to 259 Lowell Street, a new houses At the present time, there is a sole telephone pole to the left of this proposed location from which the com- pany is feeding to this home. The telephone company desires to abandon that pole and join the Edison on the new location. He explained that it is not on the lot line because there is a hydrant located at the lot line. Mr. Turner stated that he received a notice which he thought was in error because he lives at 218 Lowell Street and roughly 495 feet away. He said he had no objection but wanted to make sure that he was not the only one who received a notice. Mr. Turner's name was shown on the Boston Edison Company blue print. Mr. Turner retired at 7:40 P.M. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the Order for the following j/o pole location: Lowell Street, northeasterly side, ap- proximately 495 feet northwest of Fair- lawn Lane, -- one pole. 1 Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Leonard Road. Mr. Mahon explained that this pole was installed, he believed, in connection with street work. It will replace a pole which had to be moved when the street was constructed. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the Order for the following j/o pole locati(n: Leonard Road, easterly side approximately 25 feet north of Woburn Street, -- one pole. Mr. Mahon retired at 7:43 P.M. Mr. Domenic Petrino, 14 Grapevine Avenue, met with the Board with reference to a street betterment assess- ment in the amount of $907.38, and said he would -like to have the betterment deferred. The Chairman asked if the land was open or if there was a house on it and Mr. Petrino replied that he has a house and two lots of land. The Chairman asked on which lot the house is lo- cated and Mr. Gayer replied that it is on lot 19. He also presented a plan showing the property in question. The Chairman asked if Mr. Petrino made any use of the land and he replied that he does some gardening and raises tomatoes every year. The Chairman asked if lots 23 and 24. were registered and Mr. Gayer replied that he did not know. The Chairman explained that if lots 23 and 24 are registered and being used for farming purposes, the Board can, under the law, but he would check to make cer- tain, defer betterment only on those two lots. He said no deferment •could be made on the house lot. Mr. Petrino said that he still has to pay three years on a sewer betterment and he would like to have the street deferred until he finished paying for the sewer. He said he could 'not pay for the street, sewer and house. As sonn as he finished paying for the sewer in three years, he felt sure he could probably pay cash for the street betterment.' The Chairman said that the Board would look into the matter and see what the possibility is and let him know. The Chairman explained that the betterment could be apportioned for twenty years and Mr. Petrino said he could not pay *70 a year. He said perhaps in three years he could sell a lot and pay cash. He asked to be advised before February 10th. • 231 Pole location Petrino's street betterment 232 Pleasant Street Mr. Petrino retired at 7:20 P.M. The Chairman said he would like to consult Town Counsel on the subject. Mr. W. S. Couette and residents of Pleasant Street met with the Board. Mr. Couette said that the recent storm has aggra- vated the situation that has existed on Pleasant Street and the abutting houses for a long time. He said he thought the Board was familiar with the fact that Pleasant Street is bile of the older streets in town and the area always had a high water table. He reported that people on the southeasterly side of Beasant Street are burdened with excess water which comes down from Concord Avenue and beyond, He said the situation was very serious a week ago Sunday in Mr. Smiths house, and he is now being forced to spend a substantial amount of money to protect the foundation. Mr. Couette said that the neighbors are requesting the Board of Selectmen, in p'hnning for drainage this year, to consider one of the oldest streets in the Town with the idea of putting in:storm water drainage which will reduce the water table and would without question alleviate most of the water. He said he thought drainage should be installed in Pleasant Street. The Town, through its subdivision by-laws required Mr. Carrig to install storm water drain at his own expense. The Chairman asked if'Mr. Couette meant that the water comes from Concord Avenue and goes to the turnpike, and he replied that it is -the area from Old Concord Avenue to Route 2. The Chairman asked if this condition occurred at times other than when:there is a condition such as there was a week or ten days ago. Mr. Couette replied that whenever there is any fair amount of rain, Pleasant Street is a sluiceway and there is a condition of erosion. The Chairman said that Mr. Couett€ was suggesting that if drainage is put in, the condition of the water in the cellars would be corrected. Mr. Couebtf said it will be helpful but he could not guarantee that it will be corrected. The Chairman asked if Mr. Couette was talking about the easterly side of Pleasant Street and he replied in the affirmative, stating that it is on the 1775 House side. The Chairman said that the Board would see what could be done. The group retired at 8:30 P.M. The Chairman said that if there is water coming down Pleasant Street and washing out the' shoulders, a drain should be put in.. 1 233 Mr. Gayer said he could not do that every place where there is a similar situation. The Chairman asked Mr. Gayer to give the Board a rough estimate of what it will cost to put a drain in Pleasant Street. Mr. Alfred E. Sharaf, 6 Patterson Road and Mr. Sidney Alpert, 15 Patterson.Road, met with the Board. Mr. Sharaf explained that they were representing the Patriots Forest group and would like to know what the situation will be on Beware in that area. The Chairman said that the Board has under considera- tion now a trunk line to go from approximately Ross Road under Route 128 to reach that area. He said that there are some problems particularly with regard to obtaining State approval to go out 128. Mr. Alpert asked how eminent the plans are. Sewer The Chairman said that it is estimated to cost Patriot S_ $54,000 to get 900 feet of trunk line and explained Forest area that the Board has not decided how much to include in the sewer construction budget this year. He said if the Board is of the opinion that this is something that should go in this year, then decision id up to the Town Meeting to appropriate the money. Mr. Alpert asked if that included mains in the Street and the Chairman replied in the negative. He said the street laterals would probably come the ibllowing year. Mr. Sharaf asked about the cost per family and Mr. Gayer explained that it is based on the average cost of the five preceding years for all sewers and is -computed on the frontage time 100 feet in depth. He said it has been running somewhere around four cents per square foot but it is based on the average of the preceding f ive•years, and does not include trunk lines. Mr. Alpert said he has not been having trouble but there have been quite a few overflowing cesspools. • The Chairman asked if the Board of Health was aware, of the situation, and Mr. Alpert said he did not think it had been called to the Board's attention. Mr. Alpert asked if there would be an additional charge for connecting and Mr. Gayer replied in the af- firmative. He said there would be a charge for running the line from the main to the house and the plumber would have to be paid to make the change. Mr. Alpert said he understood the charge could be paid over a period of years and Mr. Gayer said it could be apportioned over, a twenty year period. Mr. Alpert asked if connections would have to be made right away. - The Chairman replied that if people ars having trouble and it is brought to the attention of the Board of Health they -could be ordered to connect whether they wanted to or not. 234 Group In- surance Mr. Gayer explained that if the trunk line it extended under 128 and they want sewer they should get an informal petition into the Board signed by the neighbors. Mr. Alpert said a petition was sett in about six months ago. The Chairman explained that a petition is sent in and the Board refers it to the Department of Public Wprks to prepare.an estimate for each lot. That is then returned to be signed by every property owner beside the amount that it will cost. He said this is the official petition. Mr. Alpert asked if another petition could be obtained by streets and the Chairman replied in the affirmative. Mrs. Morey asked what proportion of the hoes have disposals and Mr. Alpert replied less than 50%. Messrs. Alpert and Sharaf retired at 9:50 P.M. Chairman MacDonald, Messrs. Ricker, Emerson.and Davis of the Group Insurance Study Committee met with the Board. Mr. MacDonald said themost the Committee can do is to recommend that the question be put on the ballot and give the background information. He said the plan,. based on the information they have, seems to be a cancella- tion of Blue Cross and Blue Shield, but they have not heard from all the insurance companies yet. He said he understood this.would add $1.00 on the tax rate and the Committee does not feel it should say to the voters that they should vote for it or it is necessary to vote for it. He said it evidently is a coming thing in industry and of about 350 towns in Massachusetts, about one-third has a plan. The Chairman explained that the vote that was adopted charged the Committee with the responsibility of telling the Town Meeting whether or not it recommends the Town adopt such a plan and if so what plan it recommends and the cost. Mr. MacDonald said they could do that very easily. It would not go on the ballot now and the Committee could go on. The Chairman explained that the vote was adppted last March and says to "file a report at a subsequent Town Meeting this year." . MacDonald said that the Committee was not organized. • The Chairman said that,,in effect, the Committee is saying it cannot as• a Committee recommend that the Town adopt such an insurance program. Mr. MacDonald asked, if the Committee is going to say that the Town should adopt it, what the reason are, and get Utt) answers to that, they would have to deter- mine what was needed. He said they would want to know if it affected the turnover, if morale is low, etc. 1 He said surrounding towns do have some type of plan and other than saying it places the Town in a better com- petitive position, there is no other reason for saying the Town should have it. The Chairman said if the Committee cannot make a recommendation, it should explain why. He asked.if the Committee has come to a conclusion as to what kind of a plan should be adopted if the Town, on the ballot, de- cides to adopt such a plan. Mr. MacDonald replied that the Committee has two or three more insurance companies to hear from, but it would be Blue Cross - BlueShiald plus low bid from an insurance company on lit insurance. The Chairman inquired about the cost, and Mr. MacDonald said the only total they have, and not Blue Cross, would. be about 36,000 a year which is the total cost to the Town including every employee as of July 1, 1958. The Chairman asked if the Act required a given percentage of the employees to accept the insurance be- fore it goes into effect, and Mr. MacDonald said he thought 75% of the eligible employees have to enroll. Mr. Ricker said insurance companies will not write it unless there is 75%. Mr. MacDonald reported that some of the retiring members now have Blue Cross and Blue Shield, and if the Committee chooses a plan handled solely by a private insurance company. Blue Cross would cancel the Blue. Cross now available to retired employees, and they could not pay their own insurance. He explained that individually the rate would be much higk*r.-. The Chairman asked if the Committee recommended that a question be put on the. ballot asking if the Town favored adoption of this Act, and Mr. Bryant replied as soomas the Board feels it should be on the ballot. Mr. MacDonald said the Committee feels the voters should have a chance to turn it down or accept it, and the Committee can furnish them with the cost. The Com- mittee does not feel it should tell them they should or should not vote for it. The Chairman explained that the recommendation the Committee has to make is that it go on the ballot or not go on the ballot. • Mr. Ricker said that the Selectmen or a group of employees could put it on the ballot and perhaps it is better for the Town to put it on than to force it on the ballot. Mrs. Morey said that once it is out, there will be all kinds of•letters from the Teachers' Association showing why it should be on. The Committee's statement as to the cost is what is necessary. 235 236 Budgets The Chairman said the Board's thought a year ago was that it would rather have some people tape this on as an assignment not so much to decide if it should go on the ballot but if it were adopted by the Town, whith• insurance plan should be recommended. Mr. MacDonald.said the Committee should inform the voters what they are voting for once they accept the law, the type of plan and how much it will cost. The Chairman said the voters should know how much it is going to cost. Mr. MacDonald asked if there should be a statement that the cost of the plan is so much and it would geherally cover the benefits by.Blue Cross— Blue Shield, etc., and the Chairman replied in the affirmative. Mrs. Morey said that the Committee should give a short resume of whatthe law does. The Chairman explained that there was an appropria- tion of 4)500 the purpose of which was to cover the post df printing and publishing a report. The Committee retired at 9:10 P.M. • The Board of Fire Commissioners met with the Select- men for the purpose of discussing budgets. The Chairman said he understood that, because of a recommendation of a committeI•: of firemen, the Commis- sioners are recommending that the work week be reduced from 611 hours to 56 hours with no change in compensa- tion. Mr. .Sheldon explained that at the time the Commis- sioners did not anticipate that the question of compensa- tion was going to arise and they felt they wanted to present that first. He said there is only one other town in the State that works over 56 hours, and gave the following information re hours: Wellesley 56; Needham 56; Winchester 56; Melrose 56; Braintree 56; and some 1.8 which he did not read. He explained that the Commissioners did not feel they wanted to go along with the request be 50 hours because it would mean more men, and it will require only three more men to give the town the exact coverage it now has. The Chairman asked if there were any increases given throughout the Town this year did the Commissioners think the firemen would prefer the increase to Curter hours and second would the Commissioners recommend an increase rather than shorter hours er would they re- commend both. Mr. Sheldon replied hours vs increase and assuming they were not going to get an increase. anyway, .the com- mittee would say give us the increase. Mr. Sheldon said that if there is a general increase, the Commissioners would assume that the department will be treated the same as the other departments and if every other depart- ment in the Town does receive an increase except the firemen, they would be unhappy. 1 237 The Chairman asked if they would be unhappy even with the shorter hours and Mr. Sheldon replied he thought so because they have been working on this shorter hours for a long time. The Commissioners said they were -not recommending money and that policy came from the Board of Selectmen and until the Commissioners knew what the policy was, they would not discuss money. The Chairman asked what the men would prefer if the question was put to them, - shorter work week or an in- crease equivalent to the reduction in hours. Mr. Sheldon replied if it could be assumed they were not going to get an increase, they would want the shorter hours. He said if it were a selected increase arrinot a general increase, he thought they would not have an argument. Mr. Roeder said the Fire Department is the poorest paid department in Town on hourly basis, and it has been ten years since an increase. Mr. Reed inquired why the Commissioners did not recommend salary increases and Mr. Sheldon replied that the Commissioners felt it would be unfortunate because it might put the Board at a disadvantage because the Commissioners .did not know what the Board's policy was. Mr. Reed asked if the Commissioners felt the Board was justified in asking for another increase in addition to this 8%. Mr. Maloney said he thought it would be difficult to justify an increase in salary and a reduction in hours. The Chairman asked how the -men would feel if they were told they could have 56 hours at the same pay or could work 60* hours at an increased rate. Mr. Sheldon said if that is the issue, they should be given a chance. The Commissioners could call their committee back and put it to them. The Chairman said he would recommend one or the other but not both, and the Board would like to know the Committee's decision by next Monday night. There was discission on other budgets under the jurisdiction of the Commissioners and they retired at 10:15 P.M. The Chairman read a letter from Mr. Stevens with re- ference to a claim referred to him for collection, by Mr. Gayer, against Alan Fowler of Bedford, for damages resulting from Mr. Fowler striking a town hydrant. He enclosed Claim releases that have been submitted by the insurance company in the amount of 42)1J1.11 for the Board to sign. The Chairman read a letter from Alfred P. Tropeano, advising that Antonio Busa bad consulted him regarding Busa increased water diverted to the brook running through Complaint his land situated offof Lowell Street. Mr. Reed reported that the condition is no worse now than it ever had. been and that the brook is owned by the Town of Arlington. 238 Mr. Gayer agreed to see what information he can obtain from Mr. Burns on the subject and report to the Board. The Chairman read a letter from Guy Franceschelli advising that he received a street betterment bill as- sessed on property at 34 Grapev!neAvenue. When the sewer was installed, Mr. Franceschelli requested defer- ment of the betterment which was granted and asked if the street betterment could also be deferred anti]. the Assessment property is sold orbuilt upon. deferred Under the provisions of Chapter 159 of the Acts of 1950 it was unanimously voted to extend time for pay- ment of street betterment assessment in the amount of 113,780.00 assessed upon land located at 34 Grapevine. Avenue, without interest, until 'said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof,whichever event occurrs first. The deferment of $3,70 does not include the assessment of *315.00 levied against lot 30 upon which Mr. Franceschelli's house is located. Sewer Sherburne 'Road Licenses Letter was received from John C. Driscoll with reference to a notice relative to acceptance of Winthrop Road. Mr. Driscoll petitioned for the extension of the sewer so that the street would not have to be torn up at a later date. Mr, Reed said that if Winthrop Road is going to be accepted, the sewer should be installed. Mr. Gayer reported that there are sufficient funds in thebudget to provide for the extension and all he needs is a vote of the Board. A telegram and letter was received from Dorothy B. and Richard H. Davis, 1719 13th Avenue, Moline, Illinois who own the property at 32 Sherburne Road, formerly pro- testing acceptance of the street. The Chairman said he would like to consult Mr. Stevens inasmuch as the letter stated that if the ,recommendation for acceptance is passed, legal action will be brought against the 'town. Notice was received from Herman B. Dino, Directer or Accounts, that the amount of available funds or "free cash" as of January 1, 1958 for the Town of Lex- ington is $485,746.36. Upon motion of Mr. Reed, seconded by Mr, Maloney, it was voted to renew the following licenses: William Defelice 80 Westview St. Peddler image 1 The Carriage House 271 Lincoln St. Common Victualler Mr. Gayer reported that hexeceived estimates of what it will cost to do what the Board has recommended down stairs in this building and he will need $6,14.0. Mr. Gayer retired -at 10:50 P.M. Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to appoint Mrs. Sydney Williams, 1132 Massachdeetts Avenue, a member of the Town Celebra- tions Committw for a term expiring April 30, 1958, to fill the vacancy caused by the resignation Of Mrs. Wilbur Cheever. The meeting adjourned at 11:05 P.M. A true record, Attest: xetivSeleci}ien 239 Appointment 240 Blueberry Lane SELECTMEN'S MEETING February 6, 1958 A special meeting of the Board of Selectmen was held in Estabrook Hall, Cary Memorial Building, on Thursday, February 6, 1958 at 8:00 P.M. Chairman James, Messrs. Reed, Tucker and Maloney were present. Mr. John O'Connor, from the Engineering Department, and the Eceoutive 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 for the extensions and lay- outs were delivered by the Constable to all property owners as they appear on the most recent tax list. The Chairman called the meeting to order at 8:00 P.M. and explained that this was a hearing required by law in order to accept streets by the Town. He said that acceptance by the Town is a legal procedure by which the Towh, after acceptance, is required to maintain the streets and that streets are not accepted by the Town Meeting unless they are constructed to Town specifications. The Chairman said that there are two types of streets; those built under the subdivision control law by developers which normally require no construc- tion and no betterments, and the other type which are private streets when accepted by the Town are con- structed to Town specifications and upon which better- ments are charged. He said he would first go through the group of streets which have been constructed ac- cording to Town specifications and ask first for an expression of opinion from thosa interested who favor acceptance. Then he would ask for an expression of opinion from those who are opposed.to acceptance of the streets. The first hearing was on Blueberry Lane from Tyler Road I distance of 2125.22 feet northeasterly thence easterly thence southeasterly to Tyler Road. No one present expressed an Opinion either in favor or in opposition and the Chairman declared the hearing on Blueberry Lane closed. The next street considered was Dane Road from Sherburne Road a distance of 1580 feet. 1 241. Mr. Donald Jenkins, 7 Dane Road and Mr. Roger G. Westcott, 3 Foster Road wished to be recorded in favor. No one wished to be recorded in opposition and the Chairman declared the hearing on Dane Road closed. Mr. Harold B. Lamont said that he was present be- cause he had been told if certain improvements are made on Winthrop Road Extension, where it abuts Sherburne Road, it will be necessary to accept the whole of Sher- burne Road and Dane Road is connected in this in some way. The Chairman explained that the Board has checked the statute on this subject and the statute is very clear in that the Board of Selectmen may, and the Town Dane Meeting may also, accept any street in Town regardless Road of the wishes of the residents if it is considered to be in the public interest to do so. Mr. Lamont said he has been told if a certain im- provement is made on Winthrop Road Extension, where it connects Sherburne Road, it will make it necessary for that part of Sherburne Rodd not already accepted to be accepted whether the people want it or not. If they didn't make that connection, the people on the extension of Sherburne Road wouldnot be forced to accept an ac- ceptance. The Chairman sap lained that any street or any part of any street can be recommended to Town Meeting for acceptance. He said it is also possible for the Town, under these conditions, to accept Winthrop and Sherburne Roads, and if so, betterments would be charged to the abutters. He said that it is entirely up to Town Meet- ing whether it wants to accept these streets. He said at the moment the Board was talking about Dane Road and getting expressions of opinion od D9ne Road. Later on in the evening the question of Winthrop and Sherburne Roads will be brought up and expressions of opinion asked a on those roads. He sad ttat it is not necessary, under the statute, to have/g8R88ted and accepted together. Mr. Lamont asked if it was the Board's intention in.this case. The Chairman replied that it has been the policy of the Board to recommend for acceptance only streets which are connected to other accepted streets, and it is the intention of the Board to recommend to Town Meet- . ing, if no more serious objection than has already ap- peared comes to the Board's attention, to recommend the acceptance of Winthrop, Sherburne, Dane and Foster Roads. Someone present asked if Dane Road was to be ac- cepted without charge, and the Chairman replied in.the affirmative. The next street to be considered was Demar Road from Turning Mill Road a distance of 1625 feet northerly. Demar Mrs. Robert E. Bond, 6 Dewar Road, Mrs. Wade Rockwood, 16 Road Dewar Road, Mrs. Sally Gray, 4 Demar Road, Mrs. Betty Huffma., 12 Dewar Road all wished tp be recorded in favor of acceptance. 242 hearigig HasrEiic BtlP3doclos�;orded in opposition and the The next street to be considered was Fairlawn Lane Fairlawn from Lowell Street a distance of 2270 feet easterly and Lane thence southeasterly to end. No one wished to be recorded in favor or in op- position, and the hearing on Fairlawn Lane was declared closed. The next street to be considered was Fiske Road Rieke"_ from Winchester Drive a distance of 1884.38 feet south - Road easterly to Whipple Road. No one wished to be recorded in favor or in op- position, and the hearing on Fiske Road was declared closed. The next street to be considered was Flintlock Road from Red Coat Lane 1693 feet northerly, easterly and southerly to Red Coat Lane. The following individuals wished to be recorded in favor of acceptance: William F. 0+Brien #18, Flintlock William T. Donahue, #3, Howard A. Kiedaisch #21, Dpnald Road B. MacKay #23,. Albert F. Wilkins #19, William 0. Glass, #6, Mrs. Martman-Moe #L., Wayne G. Sharpe #20,.Kenrsth T. Bird #8, William Abbott 9, Mrs. Paul McNamara #26, Mrs. Betty Porterfield #12, Mrs. Charles Stevenson #5. No one widhed to be recorded in opposition and the hearing on Flintlock Road was declared dosed. The next street to be considered was Foster Road Foster from Dane Road a distance of 865 feet southerly to Dane Road Road. The following individuals wished to be recorded in favor of acceptance: Frank Kotler #5, Mark Kirsten #6 Harold Vogt #8, Anthony Agresti #4, Roger- T. Westcott #3, No one wished to be recorded in opposition and the hearing min Foster Road was declared closed. The next street to be considered was Locke Lane from Whipple Road a distance of 696 feet southeasterly Locke to end. Lane No one wished to be recorded in favor or in oppo- sition and the hearing on Locke Lane was declared closed. The next street to be considered was Mason Street from Peacock Farm Road a distance of 300 feet northerly. Mr. Dexter Cooper, 5 Mason Street, wished to be re- corded in favor. No one wished to be recorded in opposition and the hearing was declared closed. Mason Street 1 The next street to be considered was Peacock Farm Road from Watertown Street 1160 feet northerly and easterly to Trotting Horse Drive. Mr. Benjamin White #18 and W. W. McLean, speaking for Lila D. Mason ;6 Watertown Street, wished to be recorded in favor. No persons wished to be recorded in opposition and the hearing on Peacock Farm Road was declared closed. The next street to be considered was Red Coat Lane from Burlington Street a distance of 1160 feet north- easterly. The following individuals wished to be recorded in favor.of acceptance: Gerald Fox #3, Philip Boyd #17, and Leonard Goodwin #19. No persons wished to be recorded in opposition and the hearing on Red Coat Lane was declared closed. The next street to be considered was Russell Road from Whipple Road a distance of 1072.16 feet north- Russell easterly to Winchester Drive. Road No one wished to be recorded in favor or in op- position and the hearing on Russell Road was declared closed. The next street to be considered was Stimson Avenue from Sclibol Street a distance of 865 feet east- Stimson erly. Avenue The following individuals wished to be recorded in favor of acceptance: Robert D. Johnson #23, Glibert G. Cook #27, Harry Sakalay #28. No one wished to be recorded in opposition and the hearing on Stimson Avenue was declared closed. 243 Peacock Farm Road Red Coat Lane The next street to be considered was Stonewall Road from Barberry Road a distance of 370 feet easterly. No one wished to be recorded in favor or in op- position and the hearing on Stonewall Road was declared closed. The next street to be considered was Trotting Horse Drive from Peacock Farm Road 872 feet northeasterly and Trotting southeasterly. Horse One individual, representing the Trustees of Drive Peacock Farm Association, said the trustees are in favor of acceptance. No one wisied to be recorded in opposition and the hearing on Trotting Horse Drive was declared closed. Stonewall Road The next street to be considered was Turning Mill Turning Road. Mill Mrs. Samuel Brendler, 2 Demar Road, wished to be Road recorded in favor and no one appeared in opposition. 244 The hearing on Turning Mill Road was declared closed. The next street to be considered was Tyler Road from Winchester Drive a distance of 3037 feet. north- easterly thence easterly thence southeasterly to Win Tyler cheater Drive. Road . Mrs. Frederick Pullis, #9, wished to be recorded in favor. No one wished to be recorded in opposition, .and the hearing was declared closed. The next street to be considered was Westwood Road from Millbrook Road a distance of 1007 feet north - 'Westwood easterly and southeasterly to Adams Street. Road Mr. Edward W. Jervis, #12, wished to be recorded in favor• of acceptance.o No one wished to be recorded imm opposition and the hearing on Westwood Read was declared closed. The next street—to be .considered was Whipple Road from Lowell Street a distance of 2515 feet easterly and Whipple thence southeasterly to end. Road Mr. William Hammer, 15 Fiske Road, wished to be recorded in favor. No one wished to be recorded in opposition and the, hearing on Whipple Road was declared closed. The next street t� be considered was Wheeler Road Wheeler from Whipple Road a distance of 1380 feet northwesterly Road to Fairlawn Lane. No one wished to be recorded in favor or in op- position and the hearing an Wheeler Road was declared closed. The Chairman explained that hearings were com- pleted on streets constructed under the subdivision con- trol law for: which no betterments are to be charged. He explained that the second group of streets are to be built under the Betterment Act for which better- ments are to be charged to 914sgs. The first street to be considered was Theresa Avenue from Cliffe Avenue a distance. of 400 feet north- westerly to Fottler Avenue and .from Bow Street a dis- tance of 270 feet westerly to Cliffe. Avenue. The f ollowing'individuals wished to be recorded in favor of acceptance: Louis Ruocco, 28 Theresa Avenue, Albert E. Bertini, 30 Theresa Avenue, Thomas A. Clear, 26 Cliffe Avenue, John Bonasera, 2L. Theresa Avenue, Mrs. George Porter, 25 Cliffe Avenue, Robert J. Corley, 7 Theresa Avenue, Robert J. Michaels,. 12 Theresa Avenue 1 245 and William McAlduff, 15 Theresa Avenue. No one wished to be recorded in opposition and the hearing on Theresa Avenue was declared closed. Theresa Avenue A gentlemen who did not give his name, said he had heard people vote for and against acceptance of streets on which they don't live and asked if it was permissable. The Chairman replied in the affirmative and explained that the hearing is public and some people live on corner lots. The next street to be considered was Asbury Street from •Paul Revere. Road a distance of 11.1.90 feet northerly to Freemont Street. The following individuals wished to be recorded in favor of acceptance: William E. Neville #7, Chris A. Theodore #]4, Clarence E. Bentley #39, Philip Spencer #11.1, Robert C. Cady, Jr. #11J4 . Balfour Street,n John G. MacKechnie, 23 Greenwood Street, Charles King, 11 Greenwood Street Robert C. Cady, 10 Greenwood Street, Benjamin Golini, #35 Balfour Street. No one wished to be recorded in opposition and the hearing on Asbury Street was declared closed. Asbury Street The next street to be considered was Constitution Road. from Paul Revere Road a distance of 1130 feet Constitu- northeasterly. tion Road Mr. John Harvey, 1 Constitution Road, said he was in favor of acceptance and wished to speak in favor Bir his neighbor, Mr. John, Raper, 2 Constitution Road, who owns a corner lot, but wants to be assured that a serious drainage condition will be corrected. The Chairman explained that street construction in- cludes drain construction. The following individuals wished to be recorded in favor of acceptance: Robert Gilmartin, #16,Robert W. Holmes #18, Samuel Church #12, Mrs. Holmes 18 was in favor and also spoke in favor for Mr. Lichterman #5, Johanna David, #7, Marjorie Warden #10, Albert W. Bridges #5, and James Coveney, 12 Revolutionary Road. No one wished to be recorded in opposition and the hearing on Constitution Road was declared closed. The next street to be considered was Ellison Road from Leroy Road a distance of 865 feet northerly. The following individuals wished to be recorded in favor: Paul Holleman #6, Thomas M. Connelly #9, Medardo Collins #7 and Richard Perry #16. Mr. Richard Perry #16, asked about the sewer, and the Chairman explained that the Board of Selectmen will recommend to Town Meeting that the sewer trunk liner which terminates at Massachusetts Avenue near 128 be extended a sufficient distance to include Ellison Road this year. Ellison Road 24i Greenwood Street Leroy Road Roosevelt Road He stated that the street would not be constructed until the sewer is installed and that there will be two contracts going at the same time. He said the street would be built after the sewer line is in. The following individuals were recorded in favor of acceptance: Richard Perry #16, Edward Savage #17, Charles Wilson #20, Austin Mulkerin $14, O'Brien #3, No one wished to be recorded in opposition and the hearing on Ellison Road was declared closed. The next street to be considered was Greenwood Street from Paul Revere Road a distance of 970 feet northerly and westerly to Harbell Street. The following individuals wished. to be recorded in favor of acceptance: Louis Hallowell #38, Chris Theodore 14 Asbury Street, Charles H. King #11, Frank A. Travers #30, Alfred J.. Corsetti #1}5, and David Sykes #39. Mr. Sykes said he would like to ask a question about the plan and the Chairman referred him to, Mr. O'Connor. The following individuals were also in favor: Robert C. Cady #10, Lester Hermanson #32, John Macy- Kechnie #22, Richard Willey #29. No one wished to be recorded in opposition and the hearing on Greenwood Street was declared closed. The next street to be considered was Leroy Road from Marrett Road a distance of 360 feet northeasterly and easterly to School Street. Mr. Donald Gellespie, 1 Leroy Road, said he was in favor providing Lenny Road does not connect to School. Street. - The Chairman explained that the distances are what might be called mechanical engineering which permits letting out the whole thing. He said the Board can cut back, but if only a shorter plan was laid out, the streat could not be extended. He said that the Board is aware of the situation although no formal vote has been taken. Mr. Leo Revou, #2, Mr. Clifford A. Jones #5 and a Mr. O'Brien were recorded in favor of accepting Leroy Road. No one wished to be recorded in opposition and the hearing on Leroy Road,was declared closed. The next street to be considered was Roosevelt Road from School Street a distance of 665 feet west- erly. The following individuals wished to be recorded in favor: Richard Ham #7, Charles Cadario #29, Leighton Foster #30, Frederick Willis, 21 Ellison Road and Charles Wilson, 20 Ellison Road. 1 No one wished to be recorded in opposition and the hearing on Roosevelt Road was declared closed. The next street to be considered was Winter Street from Grove Street a distance of 1100 feet southwesterly. Mr. Leslie St. George #166 and Belford Cross #14-8 were in favor of acceptance. Mr. Cross said he was in favor of the street going the entire length to connect with the part now paved The Chairman said he thought that was the plan. Mr. Reed read the names of the property owners who received notices and someone in the group said all those people lived in one section. No one wished to be recorded in opposition and the hearing on Winter Street was declared closed. The next street to be considered was Sherburne Road from Winthrop Road southerly 735 feet. No one present wished to be recorded in favor of the acceptance. The following individuals wished to be recorded in opposition to the acceptance: Henry B. Foster #27, Mrs. Robert Shields #25, Henry F. Munsey #28, Richard P. Kramer #29, Mrs. Dow 36 Winthrop Road, Diane Margolis #22, Jean Temple 33 Sherburne Road, Elizabeth Kensler, 20 Sherburne Road. The hearing on Sherburne Road was declared closed. The next street to be considered was Winthrop Road from end of accepted portion 210 feet to Sherburne Road. No one wished to be recorded in favor of the acceptance. The following individuals wished to be recorded in opposition: Charles J. Kensler, 20 Sherburne Road, Dianne Margolis, 22 Sherburne Road, Elbanor Dow, 36 Winthrop Winthrop Road. Road The Chairman stated that the last hearing for the evening had been held and the meeting was adjourned at 8:55 P.M. 247 Winter Street Sherburne Road A true record, Attest: 248 No Parking Dr. Mooney's Mass. Avenue SELECTMEN'S MEETING February 10, 1958 A regular meeting of the Board of Selectmen -was held in the Selectmen's Room, Town Office Building, on Monday evening, February 10, 1958 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. Donald E. Nickerson, Chairman of the Board of Appeals, met with the Board. He stated that the Board of Appeals had a meet- ing the other might on petition of Dr. Mooney, down on Massachusetts Avenue, and during the B•oard's de- bate on whether or not it would limit his request for an addition to his house or not, the matter of No parking signs came up. The only reason the Board hesitated about granting his request was on account • of the traffic hazard there. The cars park in his driveway and on both sides of Massachusetts Avenue. Some one on the Board suggested restrictions and re- questing the Police Department to put up No Parking signs on the south side of Massachusetts Avenue. Mr. Nickerson said he recalled that this would have to be part of the Parking Rules and Regulations and approved by the State. He said if.the Board has a similar case, and it probably will have, it will not permit any more such situations to arise. He asked if the Selectmen would go along with requesting the State to approve some signs. The Chairman explained, in reference to Dr. Pious' office, that the Selectmen are going to request No Parking on the southerly side of the street. Mr. Nickerson said the Board of Appeals could make a proviso that it make application to the Board of Selectmen to get the State's approval for no parking. Mr. Reed said the Board of Appeals would ask the Board of Selectmen to prohibit parking and then the Selectmen would ask the State for approval. Mr. Nickerson retired at 7:40 P.M. Mr. Bertram P. Gustin, Chairman of the Town Cele - April 19th brations Committee, met with the Board. He reported that the Committee is working on a $4,000 budget. He said that there always has been a dinner on April 19th for the invited guests and the Committee is of the opinion that the Selectmen should be included, that the dinner should be held in the 1 area of the Town and that Cary Hall is the place. He explained that there always has been a reception after the parade and the Committee would like to hold it in Cary Hall. He also asked if the Committee has the right to take care of the requests for stands to sell souveniers and food. The Chairman replied that the location for stands is in the jurisdiction of the Board of Selectmen. The'Chairman asked if Mr. Gustin was referring to a luncheon at one o'clock and he replied in the affirma- tive. He said the Committee does not think it should use tax payers' money to hire a hall when Cary Hall is avail- able. The Chairman said he could see no objection. Mr. Gustin said that the reception..itself could be held in the main lobby with a little decoration and a few tables. Mrs: Morey suggested using the Trustees Room and it was agreed that Cary Memorial Building would be available. Mr. Gustin retired at 8:50 P.M. The Chairman explained that Domenic Petrino's re- quest for deferment of a street betterment assessment to Town Counsel and asked if the Board should defer the betterment on his two lots. Mr. Stevens explained that was not the purpose of the legislation. It was principally for large unlotted areas used for agricultural purposes where it was a hardship on the owner to pay 1.% interest. He said it was never intended to be used on individual lots but has been used in some areas where there were several lots. Mr. Maloney said he thought if the betterment created a hardship'for an individual the Board could grant defer- ment for a limited time. Mr. Tucker said according to Mr. Petrino's story. it is a hardship case. Upon motion of Mr. Reed, 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 street. betterment assessment in the amount of $650.09, assessed on lots 23 and 24, without interest, until said land or any part thereof is built upon or sold or until the ex- piration of three years from the date hereof, whichever event occurs - first. The Capital Expenditures Committee met with. the Board,atnd and Mr. Brown, Chairman, said the Committee would like to know the Selectmen's feelings on the 249 Petrino betterment 250 Capital Expenditures. various capital expenditures. He said he was carrying $590,000 for the renovation of the Junior High School and the Chairman said that the Selectmen had no better figure. Mr. Stevens explained that the bill authorized $600,000. Mr. Brown asked if the bill carried over from year to year, and Mr. Stevens explained that the borrow- ing must be made before January 21, 1960. Mr. Brown said he had.$2,000,000 for the Junior High School and the Chairman said that is the figure the Selectmen have. Mr. Brown said he had $60,000 for the purchase of the Willard property and it is the Committee's understanding that regardless of how it is paid to Miss Willard, the $60,000 has to be appropriated,at one time. Mr. Stevens said that was correct unless it is voted otherwise subject to legislative approval. He said he did not know what the Appropriation Committee would do, but the most that could be postponed.would be $44,000 and it hardly seemed worthwhile to go to the Legislature for two years. Mr. Brown said he had $550,000 on sewers and the Chairman said that the Board has determined $169,050 for sewer construction for ordinary streets. The trunk lines figure $390,100. .He explained this is made up of an extension of the present trunk line which terminated at Massachusetts Avenue near 128 for about 1400 feet at an estimated cost of $70,000. He said there is a.line under Rolte 128 to connect the Patriots Fbrest area with that sewer trunk line now constructed and that figure is $54,000. He explained that a start has been made on the long line from the Brandon Street area toward Minute Man Highlands and the figure is $250,000 to carry it over to Watertown Street. He ex- plained that these do not quite add up to $390,000 but there are some small items included. There is a group of houses in Byron Avenue which need sewer badly and the best wag to sewer the area is,a small force main and a small pumping station to be put in the street which will cost about $18,000. Mr. Brown said he was carrying $207,000 for streets and the Chairman said that street construction under the Betterment Act is $147,315. He explained that Allen Street is to be built with Chapter 718 funds, State Funds, and the Town has already received the.money. This pro- ject is estimated at $39,000. Mr. Brown asked about the Fire Commissioners' re- quest for an ambulance and engine #3. The Chairman replied that, according to his notes, the Board has not made a decision on those two items. 1 251 The Chairman said that the figure for drainage is $31,600, and $30,000 for both sidewalks and curbing. Mr. Brown said he was carrying $97,000 for sewer mains and laterals. The Chairman said that the figure the Board has is $137,500. He also said that there is $54,000 for Road Machinery and reported that there is $50,965 in the fund. He informed the Committee that the item for Rubbish Col- lection is out. He informed the group that an offer of $20,000 has been made for the Great Meadows which is an initial offer. He said two items that the Committee should probably get from the School Committee is -the new administration building and the renovation to the Barnes property. Mir. Brown said that the Committee is in favor of putting the sewers and streets on the tax rate and not bonding. Mrs. Morey asked if he meant all the sewer and streets or a portion of it, and Mr. Brown replied that it all should be paid for or a much larger portion. The Chairman said that the Committee then feels more things should be paid for from the tax rate. He asked if it was in favor of sewn, water, schools or what. Mr. Brown replied that the Committee has decided upon sewers and streets. The Chairman explained that most of those are paid for by the people who want them, over twenty years so they are self-liquidating debts. Mr. Brown said that if everything is put over twenty years it will mean trouble and the only way out is. to choose items which will make a difference. The Chairman explained that these are items for which the people pay. Mr. Brown said that if $300,000 is taken out of the $4.00,000 it would just keep the debt ratio constant. He said half on the schools and half on the renovation, might be all right. • Mr. Brown said that the Committee has to make a report and this year it has made a study of bonding. He asked what date the Board planned to have decisions made relative to borrowing. The Chairman replied that the Board's consideration cannot include the school program. Mr. Brown asked when the Board would have a decision as to how the streets and sewers are to be paid for and the Chairman replied that he hoped to have it in a week or two. The Capital Expenditures Committee retired at 9:30 P.M. Mr. Reed brought up the subject of the proposed trunk sewer construction to serve the Patriots Forest area and questioned whether or not it should be con- 252 Sewers Budgets sidered, petitions for sewers in other areas having been `filed previous to this area. The Chairman said that if the Board did not want to go along with it, he had no objection. Mr. Maloney said he thought it would be good judg- ment to head in the directions where there will be sub- divisions. The Chairman said it seemed to nim that the Town has a sewer program ahead of it and asked where the 70,000 would be used if it is not for the Patriots Forest Area. Mr. Reed said he would suggest the Minute Man High- lands. ighlands. Mrs. Morey asked if the time to put the sewer in would be while Route 128 is being widened. The Chairman explained that regardless of how it is widened and constructed, the sewer will still have to go under 128 so it will cost $70,000. Mr. Reed said he thought the government would take the Patriots Forest Section as it is a natural boundary. Mr. Tucker said that if the State is going to widen Route 128 soon, the Town would be money ahead to put the sewer in there now. Mrs. Morey said she would favor having the money available to put the sewer in if the State is going' ahead with the construction. Mr. Maloney said if the Town has to put the land back in its original condition, it will cost money. He suggested having the money appropriated and ready::in the event the State does attempt to do something and Mr. Reed said he would go along with that. The Appropriation Committee met with the Board for the purpose of discussing budgets. Mr. Richards reported that the Committee has met with all of the departments having major budgets: There are a few, Mr. McQuillan, Mr. Hynes and Mr. Carroll who want to see the Appropriation Committee. He reported that the Committee has gone on the basis of increases in salary from information submitted by Mr. Palmer. He explained that the Committee has not determined how the renovation of the Junior High School will be financed. The Committee met with the School Committee last week and it was pointed out the increases given to personnel employed by the School Committee, other than the teaching personnel. He said the salaries are not in line with what other departments are paying for what the Appropriation Committee considered equivalent pos- itions. He said the School Committee votes have already been taken and he was bringing it up as a point for dis- cussion. 1 253 ... He said most of the Appropriation Committee feels that there would hada to be some coordination there shortly because Town employees not working for the School Committee would be getting substantially less. Mr. Rowse asked if the Board had considered the School Committee salary schedule. The Chairman replied that the custoduans, clerical help and'professional help should be in line, but he was not willing to go along with the 20$ increase for everyone. He said that he did not know what the School Committee rates were. Mr. Rowse asked if the School Committee have privi- lege an all items or if the Town had any jurisdiction over the janitors' salaries. Mrs. Morey explained that the Committee can deter- mine thgt the proposed salaries are necessary. Mr. Rowse questioned if it could be proved that janitors' salaries are necessary over and above the salaries of town janitors. Mr. Stevens said that the School Committee can set the salaries. The Chairman reported that the Board has recommended 7% on clerks and 5% on everyone else. The recommendation for the' janitors is 5%. Mr. Rowse reported that the School Committee ad- vised it had written a letter to the Board inquiring about the Selectmen's salary schedule but received no reply. The Chairman explained that the Committee wrote a letter last November. Mr. Richards said he felt to maintain the help in the Town and to get good help, it is necessary to pay good salaries, but he felt that no one segment of the Town can be discriminated against. He said he thought the janitors should be paid commensurate to their time. The Chairman pointed out that the Board has a different problem from that of the School Committee. The Board can select the janitors and say they should have more of an increase than others. Then the people in the Cemetery Department and Public Works Department want an equivalent increase. Mr. Richards said that is true but he felt that on the janitors there should be some type of balance but he did not know how that could be achieved. Mr. Richards said that the Committee has been told of a purchase of land from the Willard family for *60,000, and an offer to the Town of Arlington for the Great Meadow. In addition, the Committee has heard from the School Committee and the Selectmen that there is to be some decision relative to administration quarters for the Superintendent of Schools and his staff. '254 Cert. Inc. He said that because of the vote of the School Depart- ment and its increase, which represents $5.00 on the tax rate, plus the normal increases which may be expected, plus whatever other articles call for an expenditure of funds, it looks like time for an increase in the tax rate. He said it appears now that the Town can continue the way it has and face up to a $10.00 increase. He said he could not see that it can be held down too much. The Chairman explained that the Willard property was a recommendation of the Planning Board that the Town acquire it for recreational purposes in view of the fact that there is so much building going on. Mr. Rowse asked if the use was restricted and if the article would permit the sale of the land. Mr. Stevens explained that it would not permit it now. He said a portion of the land will be restricted as long as Miss Willard and Miss Robinson are there. Mr. Rowse asked why it could not be. purchased for a Town forest. Mr. Stevens explained that the Town will be buying it and even though the deed says recreational purposes, the Town will have complete fee. He said it is not the same as when land is given for a certain purpose. Mr. Rowse asked about payment, and Mr. Stevens ex- plai}ied that the owners want to be paid in three'in- stallments4 $16,000 this year and $22,000 each of the next two years, He said it would all have to be raised or borrowed this year unless the Town west to the Legis- lature which did not seem wise for only three years. Mr. Rowse said that it will be a struggle to keep the rate down to $10. The Committee retired. Upon motion of Mr. Tucker, seconded by Mrs. Morey,- it was voted to sign ti statement on behalf of Thomas J, Willson, 73 Meriam Street, who has filed an application with the Secretary of State for a Certificate of Inc- orporation. It was agreed to }deet Saturday morning at 9:00 otclock to continue work on budgets. The meeting adjourned at 11:35 P.M. A true record, Attest:. e cive erk 1 SELECTMEN'S MEETING February 17, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 17, 1958 at 7:30 P.M. Chairman James, Mrs. Morey and Mr. Tucker and the Executive Clerk were present at the meeting. Messrs. Maloney and Reed arrived later in the evening. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Company for pole locations, guy wire and anchor, on Moreland Ave. The locations, necessitated by work on Moreland Avenue, were approved by Mr. Gayer, Superintendent of Public Works. Upon motion of Mrs. Morey, seconded by Mr. Tucker it was voted to grant the petition and sign the order for the following j/o pole locations: Moreland. Avenue, southeasterly side southwesterly from a point approxi- mately 55' southwest of Fern Street, Three poles - guy wire and anchor on 3rd pole. Letter was received from United States Senator Leverett Saltonstall with reference to the water sup- ply in the area of Hanscom Field, together with copy of a report from General Kelly of the Air Force. General Kelly's letter stated that recent in- vestigations have been conducted to determine the most economical method of meeting the Government's additional water requirements in the Lexington area. The investi- gations indicate that additional needs can be supplied by the construction of one on -base well. It is there- fore considered to be in the best interests of the Government to continue to obtain the same amount of water as now being used, from the Town of Lexington and if necessary, construct an on -base well to pro- vide the required additional water. Negotiations with the Town of Lexington will be continued and any pro- posal submitted by the Town will be given consideration by the Air Force. The Chairman read a letter from Mr. Nickerson, Chairman of the Board of Appeals, suggesting installa- tion of No Parking signs in front of the Medical Build- iMM. OD 255. Pole locations Water Supply at Hanscom Field 256 No Parking Signs Douglass Claim Fire Hydrants ing on Clarke Street inasmuch as patients prefer to park on the side of the street rather than the ample parking area in the rear of the building. The Chairman commented that this would make the third No Parking amendment to the Traffic Rules and Regulations. Mr. Tucker inquired about the Committee on Traffic Study and Control and it was agreed to invite the Com- mittee to meet with the Board. Letter was received from N. C. Hubley, on behalf of Grace Chapel, relative to signs directing people to the Old Belfry Club where meetings are held. Mrs. Morey suggested a sign similar to the one in front bf Masonic Hall directing the people to the Hancock - Clarke House. It was more or less agreed that the signs could be attached to existing street signs, approximately the same size and at least seven feet high. The Chairman - was authorized to so advise Mr. Hubley and ask that he submit a sample of what he has in mind for further. con- sideration by the Board. Letter was received from Albert F. Douglass call- ing the Board's attention to damage done to the curbing on his driveway at 1844 Massachusetts Avenue when the library addition was under construction. He also men- tioned the danger from the narrowness and proximity of the two driveways and said he would appreciate the Board discussing these matters with him. Mrs. Morey suggested, and the Board agreed, to refer the letter to the Library Building Addition Committee. Letter was received from the Board of Fire Com- missioners enclosing letter from William F. Downe, re- questing that the 1959 budget include plans for the installation of additional fire hydrants on Marrett Road between Waltham Street and Kendall Road. Mr. Reed said that he thought this item could be taken care of this year by Mr. Gayer. Mr. Stevens arrived at 8:06 P.M. Mr. Russell G. Gessner and Mr. Douglas J. Hyde, Burlington Water Commissioner, met with the Board. Mr. Gessner explained that he came to the meeting relative to water in Muller Road in Burlington. He Water said he understood it was brought to the Board's atten-,. Muller Rd. tion and refused and asked if there was any chance of Burlington reconsideration. The Chairman explained the Board's position and stated that when the line was installed and agree- ment made, it was on the basis of the then existing 1 257. residences and was made that way specifically so that no other houses would be served. Mr. Hyde said that was his understanding and there were originally twelve people who wanted the Town of Lexington to supply water. Now there are nine and Mr. Allen. He said three. people have told the Commissioners that they do not want the water. The Commissioners intend to tie in on Blanchard Road to Muller Road in. 1959, but until that time, they can't raise the bond issue. He said it would be July, 1959 before they tie into that line. The Chairman asked if the Commissioners wanted permission for this service to be installed and water used until July of 1959. Mr. Hyde replied in the affirmative. He said Lex- ington had agreed to twelve takers and Mr. Allen. Now there are nine and Mr. Allen. The Chairman explained that the Board agreed to the then existing houses. Mr. Hyde said Mr. Gessner has to have water in order to get the mortgage money. Mr. Gessner stated that he has the mortgage approved and he does not want to invest in a well if it is possible to do 'something about this. Mr. Stevens asked if the Water Commissioners told him it was all right to go ahead. Mr. Gessner replied in the negative and said they told him they did not see why an approval would not come through where the three people did not want it and they thought they could get it changed. He said they did show him the agreement of the twelve original. Mr. Stevens asked if Mr. Gessner knew that before he purchased the land. Mr. Gessner replied in the negative and said that he checked with the fellow across the street who told him Lexington had signed to service twelve people. He said he did not think he knew it was twelve specific residences. Mr. Reed asked if the Board would have any assurance that the other three would not connect. Mr. Gessner asked if the Board would accept a letter from those three people to the effect that they would not be taking water. Mr. Stevens said the idea was very clearly stated and it was to take care of the twelve houses there and this was not to be on the basis of any real estate sold or transferred and no rtew houses would be served. He said here is a new building wanting to come in on the grounds that one of the old ones has not connected. He said it was understood by everyone at the time. Mr. Hyde said that if there were twelve takers now he would not be present at the meeting tonight. They were the people who petitioned. Mr. Stevens said that they went to the Legislature and got an Act. 258 Mr. Hyde said the man who came over came to the Board of Water Commissioners and wanted them to borrow $7,000 to do the job. It was not engineered by Whitman'& Howard and the cost was $16,000. That is why it was not done at the time. He said in July, 1959 they will borrow the money to tie in from Blanchard Road to Wheeler Road and it is about 3,000 feet. He stated that it cannot be done now as it will raise the water tax. Mr. Tucker asked if there was any assurance that money will be voted for that next year. Mr. Hyde replied in the negative and said that any money they have asked for, since he has been on the Board, has been voted. The people think water is a necessity and they go along with it. The Commissioners have dropped the water tax rate from $12 a thousand to *4. a thousand. Mr. Tucker asked what the 3,000 feet would cost and Mr. Hyde replied about $15,000. Mr. Tucker asked how many houses it would serve and Mr. Hyde replied that it will take in some industrial land. The homes will -be on Muller Road. Mrs. Morey asked how many vacant lots there are on Muller Road and Mr. Hyde replied that he did hot know. He said one side of the road cannot be built upon. Mr. Gessner said a friend of his It his own home there. The people across the street/reetlred and' wanted to purchase a new car, but had to sell a lot to do so. He said there was no sign on the lot. Mr. Tucker asked how much it would cost to build a well and Mr. Gessner replied that the foreman on his job had one that cost $7.00 a foot. The Chairman said that the Board would discuss the subject again and let Mr. Gessner know its decision. The Chairman asked if the money would be borrowed in July of 1959 or the line tied in. Mr. Hyde replied that they borrow the money every six months. They have borrowed the money so they will start to lay the water main the first of July. It may be August or the first of September. Messrs. Gessner and Hyde retired at 8:20 P.M. Mr. Reed said that where -Mr. Hyde made the state- ment that if the twelve people had connected he would not be here tonight, he would be in favdr of reducing the number to ten so they won't be in again. It was agreed to supply this one house in lieu of the three that are not connected. The following people met with the Board to discuss water and sewer installations in Eastern Avenue: Manuel Sousa, 12 Eastern Avenue,*David Cameron, 19 Grandview Avenue, Horace Besecker, 8 Eastern Avenue and Mr. Caterino. The Chairman explained that when the Board considers budgets for Town Meeting, on Construction such as this, the Board likes to have a rather high percentage of the people involved request the construction. as Francis Nordhall, 1 Ewell Avenue, Jesse Sousa, 2 Ewell Ave. 1 He said it did not seem that Town Meeting would vote some- thing like this where only one owner out of seven has signed a request for construction. He explained that the Board would like to know whether or not the other six people are opposed. He asked if the other owners had signed a petition which set forth the amount of money it might cost each one for sewer and water. Some- one in the group answered in the negative. The Chairman explained that the request for water and sewer had been made by Mr. Caterino to service his lots. Mr. Caterino said that was correct and he did not want his neighbors to think he was trying to force any- thing on them. Mr. Caterino explained, by use of a plan, the lots he owns and how the services could be located. Mr. Reed asked how many people now have town water and it appeared that they all had, apparently from long services. Mr. Tucker asked kow long the service had been in Ewell Avenue, and Mr. Caterino replied about four years. Mr. Reed asked if a. connection charge was ever paid and Mr. Caterino replied in the negative. He said Mr. Sousa offered to pay him but he never accepted it. The Chairman said he could give exact figures but it appeared that the water would be about $80 a lot for a fifty foot lot and the sewer would be about $270 a lot. He said he thought the Board should get a statement of the betterment that might be charged to each one. He ex- plained that if they now have sewer and water, they can't be charged a betterment, but if they db not have sewer and water, a betterment would be charged. He said the Board would get the information as soon as possible, after the Board'determines whether it will recommend this to Town Meeting and the signatures should be returned before next Monday. The group retired at 9:00 P.M. Messrs. Sheldon and Roeder met with the Board. The Chairman explained that the Board had invited the Commissioners in this evening to discuss budgets. He stated that the Board had a meeting Saturday morning and determined, as far as personal services are con- cerned, that the salaries of thefiremen will be estab- lished at the same rates as those proposed for the Police Department. He said it is also the Board's im- pression that, as far as hours are concerned, it is entirely within the Commissioners province and the Selectmen will take no action. The Chairman explained that the Board has ap- proved a figure of $1500 instead of $1820 for the Clerk. The Chairman said that the other question arose on the necessity of purchasing another heavy fire en- gine as opposed to a lighter piece of equipment. 259 Eastern Avenue Sewer and Water Fire Department budgets 260 Mr. Sheldon said there are several reasons why the Commissioners think a heavy duty piece of equip- ment is what they want. They are buying it for twenty or twenty-five years, and are looking ahead to a town more like Belmont and Arlington where there will be less brush fires. He said the second thing is the Department already has two pieces of equipment, one of which would be con- verted to brush fire work. If the new piece is purchased, one of those engines will be transferred to East Lexington.. He said they discussed it with Roy Cook this evening and he is in favor of a heavy duty piece of equipment. Mr. Sheldon said that if the Town ever does decide to have a third station, it will want another piece of equipment and this will be it. He said he thought the Town would have a third station in five years. Mr. Roeder explained that the Town would get no credit from the UnderwMiters for a lighter piece of equipment. The Commissioners retired at 9:30 P.M. Letter was received from W. T. Ferguson, 16 Fairbanks Shopping Road, asking for the definition of the type of business Center operation that is included in a regional shopping center. The Chairman was authorized to advise Mr. Ferguson that this will be defined by the Lexington Panning Board when the public hearing is held on the proposed amendment to the Zoning By-law. Upon motion of Mr. Reed, seconded by Mr. Tucker, it Licenses was voted to grant the following licenses: Anthony Ferreira 249 Marrett Road, Peddler Renewal Walter Custance 520 Main Street, Acton Auctioneer Renewal The Chairman reminded the Board that the East Lex- ington Men's Club had written several months ago asking to have a representative from the Board present at its annual civic meeting to review the articles in the warrant to be presented to the Annual Town Meeting. The meeting is to be held in the Follen Church hall on Monday, February 24th at 7:45 P.M. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign the Warrant for the Annual Election on Monday, March 10, 1958 and Town Meeting on Monday, March 17, 1958. Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to sign layouts of the following streets to be presented to Town Meeting for acceptance: Whipple Road, Wheeler Road, Stonewall Road, Russell Road, Peacock Farm Road, Mason Street, Locke Lane, East Lexington Men's Club Warrant Street Layouts 1 261 Fiske Road, Fairlawn Lane, Demar Road, Dane Road, Flintlock Road, Redcoat Lane, Winter Street, West- wood Road, Tyler Road, Trotting Horse Drive, Sherburne Road, Foster Road, Stimson Avenue, Turning Mill Road, Blueberry Lane, Greenwood Street, Winthrop Road. The Chairman received a letter from Charles M. Evans and Associates relative to preparation of a Person- nel By-law. The Board does not intend at present to present such a by-law and the communication was placed on fide. The Chairman received a letter from the Lexington Visitng Nurse Association inviting the Board to ap- point a representative from the Board to the Board of Directors of the Association. Appointment will be made after organization of the Board in March. The meeting adjourned at A true record, Attest: 9:55 P.M. Personal By-law Lexington Visiting Nurses As sociatin 262 OPENING BIDS FOR REAL ESTATE February 20, 1958 Sealed bids for the purchase of real estate at 10 Westminister Avenue, which is owned by the Town under a foreclosed tax title, were publicly opened in the Selectmen's Room, Town Office Building, on Thursday, February 20, 1958 at 5:00 P.M. Mrs. Morey, representing the Board of Selectmen, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were present. The bids, opened by Mrs. Morey, Henry E. Bradley & John LeCain 26 Reed Street, Arlington C. W. Doherty 37 Bromfield Road, Somerville Barney Tocio 19 Crescent Hill Avenue, Andrew E. Millyan 561 Massachusetts Avenue, Mary D'Abbraccio 14 Westminister Avenue, Lexington Warren Dean Smith 27 Arnold Street, Arlington Leonard M. Sjogren 97 Nottinghill Road, Brighton Lexington Lexington were as follows: 02,500 4,900 5,200 2,000 2,610 6,500 4,010 James Irwin 58 Taft Avenue, Lexington 6,150 Mrs. Morey explained to the three gentlemen present that the bids, as the invitation stated, would be taken under advisement and the high bidder contacted by the Board of Selectmen very shortly. The meeting adjourned at 5:08 P.M. A true record, Attest: xe1"/ ive lark Select len 1 SELECTMEN'S MEETING February 24, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town office Building, on Monday, February 24, 1958 at 7:00 P.M. Chairman James, Messrs. Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. The Chairman reported that the following differ- ences exist in budgets acted upon by the Selectmen and the Appropriation Committee: Budget Selectmen Town Celebrations Committee $4,200 If the *200 difference is needed, the amount may be transferred from the LeRoy Brown Fund. The Selectmen agreed on Fire Department - Expenses $4,000. Item for -clothing allowance as three additional men not The Selectmen agreed on $22 :Road Machinery - New Equipment The Selectmen agreed on *50 Appropriation Committee 44,000 23,190 22,930 reduced approved. ,930. 45,000 ,000. Street Signs 5,000 The Appropriation Committee did not have complete information on.this item. Sewer Construction - Sundry Streets 154,650 The Appropriation Committee took out Eldred Street. The Chairman explained is to Mr. Palmer that the street is to be constructed and the Selectmen believe water and sewer should be installed first. Water Construction 137,500 The Appropriation Committee not ap- proving booster pumps until comple- tion of new stand pipe. 50,000 2,100 135,150 107,500 263 Budgets 264 Police Department - Expenses 18,294 16,385 Appropriation Committee did not have information re uniforms and • equipment for auxiliary police. Chairman recommended including $5100 for uniforms in Civil Defense budget. The Chairman said that some decision should be made°relative to the replacement of Engine #3, Fire Department Capital Expenditures, and the Board was unanimously opposed to this item of $18,000. The Chairman reported that a gentlemen from Asbury Street is disturbed because, in reading the Minute Man, he learned that Asbury Street is not to be presented to Town Meeting for acceptance. The .Chairman explained to him that the Board is recommending water and sewer which pleased him very much. He did point out that he thought Asbury the Board should recommend acceptance of Asbury Street Street from Paul Revere Road to Balfour Street, the abutters on that portion being in favor. The Chairman explained that it is too late -to pre- sent it to the Annual Town Meeting_, but it should be kept in mind for a Special Town Meeting. The Chairman left to attend a meeting of the East Lexington Men's Club and upon motion of Mfr. Tucker, seconded by Mrs. Morey, it was voted to elect Mr. Maloney Chairman for the remainder of the meeting. Release Agreement Letter was reoeived from Mr. Stevens in reference to a town hydrant on Woburn Street which was struck by a car operated by Richard H. Bosworth on January 1, 1958, the cost of repairs being $75.19. Mr. Stevens enclosed a release submitted by Mr. Bosworth's insurance company which he requested to have signed by the Board and the Town seal affixed by Mr. Carroll. Upon motion duly made and seconded,`it was voted to sign the release and return it to Mr. Stevens after the seal has been affixed. An agreement was received from the Boston Edison Company between the Company and the Town relative to a police spat light and a flood light on pole numbered 115/2 located on Wood Street. Mr. Stevens, having received a copy of th.e agreetnt from the Clerk, telephoned the company's attorney, who is also Town Counsel in Wellesley. -Be explained to the Board that he questioned the provision whereby the Town would "indemnify the Company and held it harmless against any and all loss, cost, damage or expense caused by or owing to the existence or removal of said construction or its presence on said pole, whether or not the negligence of 1 the Company or its servants, or agents or any of them, contribute to such loss". Mr. Stevens said that he has not heard from the attorney and suggested that the subject be held over un- til the next meeting of the Board. Letters commending the Department of Public Works for work done on snow removal during the recent storm were received from Ernest Nickerson, 7 Bruce Road and Alexander G. Ritchie, 44 Bridge Street. The Chairman read a letter from Kurt M. Kramp, 149 Concord Avenue, relative to some harm that may have been done to a tree when a storm sewer was installed. He asked to have the Town check the tree and cover the sand with top soil. Mr. Stevens explained that apparently Mr. Kramp is referring to the notice of the slope easement as he is one of those individuals from whom the Town took a slope easement. Notice was received from Mr. Carroll, Town Treasurer, advising that effective March 1, 1958 all bills to be paid must be accompanied with a stamped self-addressed envelope, because of the method to be adopted by the Board of Select- men for handling postage for mailing services. The Chairman thought that possibly Mr. Carroll did not clearly understand the system and suggested that some- one explain it to him. Mr. Gayer referred to installation of water and sewer in Eastern Avenue. He said that on the basis of removing from the petition the names of those people who already have water and sewer, the percentage of signatures now are as follows: Water percentage of lots signed for, 87 percentage of owners signed 40 percentage of assessment 89 Sewer - percentage of lots signed for, 85 percentage of owners signed 50 percentage of assessment 82 He said that the area has to be straightened out some time. The Chairman said that unless the Board does something about it now, it may become involved with further diffi- culties. 265 Snow removal Concord Avenue Slope easement Mr. and Mrs. Collin Campbell, 2409 Massachusetts Avenue, met with the Board. Mr. Campbell said that he could see no way he can tie into the sewer on Massachusetts Avenue with any reasonable expense, and he complained last summer when he learned that it was not going in front of his house. Postage mailing 266 He said that Mr. James and Mr. Carroll suggested that he go out the back, but he can't do that because there is ledge there. Mr. Carroll came up and it was decided he could go out the side to Massachusetts Avenue and that reverses his plumbing. That will entail going through the same ledge. He said the original plan was for the sewer to go in front of his house and that is what he signed for. The contractor's man went into his cellar and said that was the way it was going. He petitioned to have it come that way but the job was completed and he has been billed for Massachusetts Avenue. He said another suggestion was that he go up the front and put a manhole in, but he will not permit a manhole in his°front yard under any conditions. He said he would like to drop the garage down some day and having a sewer pipe there would preclude that. He said that he had asked if they could some in 75 feet from Minute Man Lane as he would then have one straight line and have the normal plumbing but has not got it, and is petitioning to have that done under the next appropriation if it is possible. Mr. Gayer asked why he objected to a manhole and Mr. Campbell replied that he does not want a manhole on his front lawn. Sewer Mr. Gayer asked why he objected if it was covered Betterment and grassed over. Mr. Campbell replied that to him that is a makeshift connection and he can't understand why he is the only person on the street whose connection is going out of the house sideways. He said he would not have a manhole there. He said he could not understand why the plans were changed and he would like to see the contract and any correspondence or bids that were submitted. Mr. Gayer submitted a copy of the plans which indicated that Mr. Campbell's house was to be sewered on Massachusetts Avenue. He said Mr. Campbell called him and asked why the plans had been changed at which time he advised him that no change had been made and it was never intended to have the sewer go all the way up Minute Man Lane. Mr. Campbell said that disagrees with what the con- tractor's man said. He said he was under the impression it was. He said he could not see why one house on the street should be treated any different than any other. Mr. Gayer said that the reason, which may not have been explained to Mr. Campbell, this was not run up into Minute Man Lane is the fact it is solid ledge and would cost 3,000 or $4,000 to extend the main up there. They had to go up Massachusetts Avenue.anyway with a sewer which connected to his house and that is the reason the engineering decision was made. Mr. Campbell said he does not think it is solid ledge. Mr. Campbell asked why they should have the sewer pipe across their lawn, and why it could not be put out on the street where it belongs. 1 Mr. Gayer said it would go across the lawn and out to the street. ' Mr. Campbell said he did not think he should accept a manhole. Mr. Gayer explained that this is good engineering, and Mr. Campbell said he disagreed as he has been told by a plumber that in most cities they are obliged to go straight out. Mr. Gayer explained that when there is a change of direction that is what a manhole is for, He said it could go straight out Massachusetts Avenue with no man- hole. He said that even if it goes out Minute Man Lane it would have to go across the floor. Mr. Gayer said that many houses connected last year had slabs and manholes were put in. He explained that with the change of direction a manhole is put in so it can be corrected if necessa1y. The Chairman asked if Mr. Campbell was having any trouble with his cesspool and he replied in the negative. The Chairman said that the Board would discuss the subject further and attempt to come up with an answer. Mr. and Mrs. Campbell retired at 8:45 P.M. Mr. Gayer is to discuss the matter with Mr. Stevens and at the same time discuss the subject of abating the betterment charged Mr. Campbell for Minute Man Lane. Consideration was given to bids received and opened on Thursday, Fbeurary 20, 1958, for the real estate at 10 Westminister Avenue which consists of a single family dwelling house and approximately 15,000 square feet of land. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to accept the high bid of $6500 submitted by Warren Dean Smith, 27 Arnold Street, Arlington. Upon motion duly made and seconded, it was voted to renew the innkeeper's license, Wild Acre Inn (Mrs. Coleman) 50 Percy Road. Upon motion duly made and seconded, it was voted to sign the layouts of the following streets to be presented to the Annual Town Meeting for acceptance: Constitution Road, Leroy Road, Roosevelt Woad, Ellison Road and Theresa Avenue Messrs. Gayer and Stevens retired at 8:55 P.M. ]It was decided to advise the Chief of Police that the Board would prefer to have the League of Women Voters park their car, with posters reminding people to vote, in the parking space nearest Trani's Package Goods Store *)67,. Tax title License Street Layouts 268 rather than in front of Woolworth's. The meeting adjourned at 9:00 P.M. A true record, Attest: 1 SELECTMEN'S MEETING March 3, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 3, 1958 at 7:30 P.M. Chair- man 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. Memorandum was received from the Massachusetts Selectmen's Association with reference to a hearing scheduled by the Committee on Public Service to be held March 11th at 10:30 A.M. on S-475 and H-777. S-475 is automatic upon acceptance by the Select- men and provides some form of tenure after five years for persons holding the. office or position of Highway Surveyor, Superintendent of Streets, Road Commissioner, Superintendent of Public Works, Commissioner of Public Works and the like. H-777 takes effect upon acceptance by vbte of the Board of Selectmen or a majority vote of a regular town meeting and would apply to each successive incumbent as he becomes eligible, and may be extended to him by the Selectmen if they appointed him. Mrs. Morey suggested that the Board give a letter to Mr. Maloney to be presented at such hearings and the Chairman pointed out that such notices are generally not received until a few days before the hearings are to be held. Notice was received from the Massachusetts Select- men's Association with reference to H-773, an act pro- viding for the adjusting of differences between city or town officials and the members of the fire -fighting forces and fire alarm divisions of the respective fire departments. This bill will be heard Tuesday, March 4., 1958 and leaves all such disputes up to a Board of Arbitra- tion, which disputes cover wages, hours, vacations, sick leave, etc., including working conditions which could include the building of new fire houses. Notice was received from the Department of Public Utilities with reference to a hearing scheduled for Thursday, March 20, 1958 at 10:30 A.M., room 166, State House, as to the„propriety of the rates and charges filed by the Middlesex & Boston Street Railway Company. 269 s-475 H-777 H-773 D.P.U. hearing 270 Water for Raytheon Mr. Stevens suggested that the Board request the railway company to submit a schedule of present rates and also a schedule of proposed rates. Report was received from the Metropolitan District Commission indicating the amount of water sold to all municipalities, revenue received, a statement of the total outstanding indebtedness at the end of the pre- vious year and the total expenditures for the previous year for maintenance and operation of the system. Mr. Stevens explained this is a report the Com- mission is required to make to all member cities and towns in the district. Letter was received from Mr. Gayer, together with copy of letter from the M.D.C. with reference to supply- ing water to a proposed new building for the Raytheon Maunfacturing Company. In view of the approval of the M.D.C. to now supply Raytheon with water, it is Mr. Gayer's opinion that the Board should allow Raytheon to connect the new building to Lexington's water supply. Mr. Gayer stated in his letter that the additional estimated 15 million gallons will not affect the town's ability to supply customers in Lexington and that is also the opinion of Whitman`& Howard. Mr. Gayer said that when he received the letter, he contacted Raytheon and was advised that the earliest they would want water would be the Fall of 1958 and they can see no need of it before that time. The Chairman asked if the 15 million gallons was total or additional and Mr. Gayer replied that he was quite sure it is additional. Mr. Tucker said he thought the Town should have some safeguard and advise Raytheon that the Board understands they will not want water until the Fall of 1958 and the continuing supply depends on the M.D.C. Mr. Stevens explained that the contract would state that the Town is under no liability for supply- ing water which it receives from M.D.C. and it will give them what it can. Mr. Tucker asked if the Board could state that its first duty is to the citizens of Lexington, and Raytheon will be supplied if it is possible. Mr. Stevens said if the Board decides to reconsider, it would be up to Mr. Gayer to review the present con- tract with Raytheon. He said this does lead into the Air Force. The Chairman reported that he talked to Colonel Roberton. He and the people at the air base are very unhappy about the recommendation of a well which was brought in by the Army engineers. The Chairman sug- gested to him that the Board might want to meet again to discuss the subject. 1 Colonel Roberton believes that if he makes the request through the proper channels, the Air Force itself may reconsider this and provide some assistance. Mr. Stevens suggested that, the Town should have some financial proposal to submit. He said if this is to be done with M.D.C. money and Air Force money, the Board could advise that it does not feel.the Town is in any position to take any part in the construction. The Chairman reported that he told that to Colonel Roberton and he wants to discuss it on that basis. He said he promised Colonel Roberton that he would arrange a meeting. It was agreed that'a memting could be arranged by Mr. Stevens and Mr. Gayer/RA# ig discussed the subject with Mr. Toole. The Chairman read a letter from Vernon C. Page, advising that the Executive Committee of the Town Meet- ing Members Association had appointed him a committee of one to make sure that the Superintendent of Public Works is in attendance at the Annual Town Meeting. Mr. Maloney said that it is entirely up to the Moderator who can speak. Mrs. Morey said that the Board could ask Mr. Gayer to attend the Precinct Meeting because it is an informal meeting, but as a paid employee he should not be requested to attend the Town Meeting. The Chairman said that if the Superintendent does attend the meeting, he should not be permitted to talk and the only questions he should answer would be those under discussion and the answer should come from the Board. Mr. Stevens said that the Superintendent could be a'eilable in the Town Office Building and if neces- sary, the Board could reach him on the telephone'.to answer questions. Mr. Tucker recommended, and the Board agreed, to advise Mr. Page that the Board is still of the opinion expressed in the letter of September 17, 1957 that more information and he10 would be derived from the Department heads attending Precinct Meetings where there would not be the formality of a Town Meeting. Upon motion of Mr. Tucker, seconded by Mr. Maloney,. it was voted to grant the following licenses: Robert W. Cann Bertram P. Gustin Frederic B. Hubley W. S. Couette Margaret McLaughlin LAS Hancock Street 50 Bloomfield Street 4 Stetson Street 1710 Ness. Avenue 25 Harding Road Auctioneer M n rt 271 Water for Air Base Sup't. Town Meeting 272 Sewers Police Water on Antonio Busa's land Traffic Letter was received from the Board of Health giving the order of priority that Board recommends relative to the proposed new streets to be serviced by sanitary sewers. The Chairman read a letter from Chief Rycroft calling attention to police work done by Officer John J. Rhine, Jr. and Officer Albert W. Koch in arresting three men who had broken into the Fieldstone Service Station on the Concord Turnpike. Ten breaks have been admitted by these men in various cities and towne and they are being held in bail of $5,000 and.'are re- manded in the Cambridge jail awaiting action of the Grand Jury. Mr. Maloney suggested that the officers be given time off as recognition of their work, but the Board was not unanimously in favor. Mr. Maloney pointed out thedanger involved, and the Chairman said he would check with Chief Rycroft to determine if such recognition had been given before. He also suggested that a personal letter be written to each officer and acknowledgement of the Chief's letter posted on the police bulletin board. Mr. Tropeano's letter with reference to increased water diverted to the brook running through Mr. Antonio Busa's land was held over. Mr. Gayer reported that he discussed the subject with Mr. Paxton who felt the Town is not obligated to replace any culverts that were there for the con- venience of the farmer crossing, but thought in the overall plan, the Town should make plans to clean the brook. He thought in return for cleaning out the'brook4 Mr. Busa should grant an easement to the Town and for the easement, the Board might include an item in the budget next year to do the work. The Chairman asked if the answer was a larger culvert and cleaning the brook, and Mr. Gayer,replied that ultimately that is what has to be done. It was agreed to advise Mr..Tropeano that Mr. Stevens has been informed of the situation and ask that he contact him. Mr. -Tucker reported that the Investment committee of the Lexington Savings Bank has approved placing a parking meter on Massachusetts Avenue opposite the alley next to the bank building. Mrs. Morey suggested that, at the same time, the bus stop up at Douglass' funeral parlor be moved and eliminate parking on Massachusetts Avenue at the Central Block between the hours of 4:30 P.M. and 6:00 P.M. It was agreed that these items could be discussed with the Traffic Study Committee when it meets with the Board some time after the final adjournment of Town Meeting. 1 The Planning Board met with the Selectmen at 9:20 P.M. and retired at 9:55 P.M. during which time an informal discussion was held relative to the proposed Wood -Bedford Street Road. The Chairman read a letter signed by W. I Burnham and Mark Moore, Jr., requesting the Board to consider the abatement of -a water betterment on Adams Street sent to Moore Realty Trust for $17.50. In 1956, Mr. Lidberg called on Mr. Burnham's father and had him sign a peti- tion to have two dead ends of the water main connected. Be said he was sure his father did not understand, it would involve a betterment tax as he was negotiating with Mr. Moore at the time. Mr. Moore purchased the land in May, 1957, and since then, the Planning Board has approved his plans so that Emerson Road involves much of this water main. Mr. Moore was required to put in his own main in Emerson Road across Adams Street to the new main which will be turned over to the Town. Mr. Maloney asked if installation of the water main bettered the property and Mr. Gayer replied in the affirmative. The Chairman asked if Mr. Moore would have tied into the water main if that piece of water main had not been built and Mr. Gayer replied in the negative. The Chairman was authorized to advise Mr. Burnham that according to the information submitted by him, the Board is of the opinion that there is no justification for abatement and if he has any further information, the Board will be glad to hear from him.. The meeting adjourned at 10:10 P.M. A true record, Attest: • 273:' Moore water betterment assessment 4.74 OPENING BIDS FOR GARBAGE COLLECTION AND DISPOSAL March 10, 1958 Sealed bids for the collection and disposal of garbage were publicly opened in the Selectmen's Room, Town Office Building, on Monday, March 10, 1958, at 4:-30 P.M. Chairman James, Mr. Gayer, Superintendent of Public Works, John J. Carroll, Assistant Superintendent and the Executive Clerk were present. The bids were opened by the Chairman and read as follows: Stanley Roketenetz, Inc. May1/58 Apr. 30/59 36,500 159 New Boston Street May 1 8 Apr. 30/60 37,000 Woburn May 1/58 Apr. 30/61 37,500 Certified Check, $100 William J. Dailey Contracting Co. " 33,050 17.1E Marrett Road 36,050 Lexington 37,050 Certified Check, *100 Ruggiero Bros. Inc. 21E,000 West Concord 23,500 Cash, *100 23,000 One individual present said that the specifications called for a certified check and questioned the legality of a cash deposit. The. Chairman said that the Board would obtain a ruling from Town Counsel. Silva Bros. Inc. 22,000 State Road 22,000 Lincoln 22,000 Check, *100 Leonard F. Collins 33,420 1315 Bridge Street 34,920 Dracut 36,4.20 Certified Check, *100 Walnut Farm Trust 25 Walnut Street Lexington Certified Check, *100 32,920.98 31,236.18 30,393.78 1 1 The Chairman advised those present that the Board would take the bids under advisement and inform the bidders of the successful bidder. The meeting A true reco adjourned at 5:40 P.M. rd, Attest: 1 Y axe _ tive%,01erk,( Selector ' 275 276 Pole removal Petition with- drawn Sidewalk assessment Tax title SELECTMEN'S MEETING March 10, 1958 A regular meeting of the Board of Selectmen was held in the Select:lien's Room, Toen Office Building, on Monday, March 10, 1958 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. Petition was received from the New England Telephone and Telegraph Company for permission to abandon and remove one pole on Lowell Street 'from approximately 516 feet northerly of Fairlawn Lane. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for removal of the above described pole. The Chairman read a letter from the Boston Edison Company and the New England Telephone and Telegraph Company requesting the Board to grant • leave to withdraw on the petition for one pole, Patriots Drive, approximately 40 feet northwest of Meriam Street. Upon motion of W. Reed, Seconded by Mra. Morey, it was voted to grant the request. The Chairman read a letter from Ruoeco M. Frasca, 987 Waltham Street, requesting deferment of a sidewalk betterment assessment in the amount of $413.50. Mr. Stevens agreed to check the statute to determine whether or not a sidewalk betterment assessment can be deferred. Mr.Gayer retired at 7:55 P.M. Mr. Stevens reported that the deed to the so- called Head property, 10 Westminister Avenue, was ready for execution by the Board. He explained that it is not made out to the individual who sub- mitted the highest bid, but is made out to John J. D'Errico of Arlington. He stated that he was re- quested by an Attorney to have the deed made out to Mr..D'Errico because he is providing the money. The Chairman read a letter from Edwin R. Breslin, 11 Bloomfield Street, a resident of the Town for five years, advising that he would like to participate in 1 277: the town's insu ance business and also have his name included in the list of brokers to submit group insurance plans if the town votes for group insurance. Insurance Mr. Malone,' reported that he advised Mr. Breslin that the Board ould not be adding any agents to the present list be ause it is as now as large as the Board thinks desirabl It was agreed to reiterate Mr. Maloney's state ents in a letter to Mr. Breslin. The Chaim =n read a letter from Mr. John MacNeil again requesti that he be permitted to compete for Insurance group insurance on town employees. Letter was received from the Board of Selectmen of Concord exp =sling appreciation for aid given that Town in combatting a fire at Concord Woodworking Com- pany. It was ag =ed to forward a copy of the letter to the Board of Fire Commissioners. Letter was received from the Director of Civil Service advisi g that as a result of the examination for police ent ance, an eligible list has now been established. A requisi•ion blank was enclosed for completion if the Board d=sires to make an appointment on a per- manent basis. Upon moti it was voted t John A. Schopp Letter wa 44 Garfield St to move a wood x40' x 0" x1 Concord Turnpi Street, to Mas setts Avenue t Lowell Street Upon moti it was voted t following cond 1. Contr advan cone 2. Contr Park 3. Bond pirat n of Mr. Reed, seconded by Mr. Maloney, renew an Auctioneer's license for t, 8 Dee Road. received from John J. Shaughnessy, eet, Woburn, requesting permission n dwelling, approximately 24' - 6" ' - 6" high, loaded on dollies, off e to Watertown Street, to Pleasant achusetts Avenue, left on Massachu- Route 2A, to Lowell Street, along nto Burlington. n of Mr. Reed, seconded by Mr. Maloney, grant the request subject to the tions: ctor to contact Chief of Police in e to arrange the day and time most lent for him. ctor to contact Mr. Paul Mazerall, epartment. n file dated September 10 1953 on date September 10, 1958. ex - License Permit 278 The Chairman read a letter from the Lexington School Committee 'relative to the possible use of the Barnes property by the School Department for central Barnes administrative offices. property A copy of the letter to the Appropriation Committee was enclosed, advising that, subject to final clari- fication of arrangements with the Selectmen, the Com- mittee plans to request 010,500 for renovation of the Barnes property. Mr. Stevens retired at 8:15 P.M. The Board of Fire Commissioners met with the Selectmen to discuss further the capital expenditures Fire item for replacement of Engine #3, and retired at Engine 8:40 P.M. The Chairman asked if the Board desired to change its recommendation on the fire engine, and Mr. Maloney said he did not know whether Town Meeting would approve it or not. The Chairman said that if the Selectmen do not approve it, the Comissioners will discuss it on the floor. Mr. Reed suggested that the Board let the Com- missioners know in advance what its recommendation will be and then let the Commissioners carry it from there. The Chairman explained that the Board. should tell Town Meeting whether it is in favor or not. He said when the motion is presented it could be in favor but let the Commissioners carry it. Mr. Vernon C. Page and three other gentlemen met with the Board. Mr. Page said they would like to see if some Sup't. at arrangement can be made for the Superintendent of Town - Public Works to be present at the Town Meeting. He Meeting said any questions would be asked through the Board of Selectmen. He said there is no desire to embarrass the Selectmen or the Superintendent of Public Works, but they would like to try it and if it doesn't work they will not try it again. The Chairman explained that the Board is of the opinion that it would be better to have the Superin- tendent present at Precinct Meetings. He said if questions do not arise at an informal meeting they shouldn't arise at the Annual Meeting. He said if the Town Meeting members want answers they should attend the Precinct Meetings. Mr. Reed explained that the Selectmen are the Board of Public Works and should be able to answer any questions. The Chairman said he did not think the Superin- tendent's presence at Town Meeting would provide any more information. 1 He explained th ment.and many o does'not know a people. • One gentle ing that he wou Meetings. The Chair if he could not Meeting there w answer for the The same m cinct Meetings mative. The group The Recrea discuss the amo and the Chairma approved as sub Mr. Allen Department be r the swimming po ment should be The Commit The Approp Schbol Committe missioners and met with the Bo by the Appropri By -Laws. The group t he is an administrator of a depart - the questions the Board ask him he d has to get the information from his en asked if the Chairman was suggest - d not be helpful at the Precinct n replied in the negative and said provide the answer at a Precinct uld be an opportunity to have the own Meeting. n asked if he would attend the Pre- nd the Chairman replied in the affir- etired at 8:50 P.M. 279 ion Committee met with the Boardto ts approved in the budget for 1958, Recreation explained the items which wero not itted. uggested that someone in the Park sponsibnv for the maintenance of 1. He said someone in that depart- amiliar with the mechanism. ee retired at 9:25 P.M. cation Committee, the Chairman of the , Chairman of the Cemetery Com- hairman of the Board of Assessors rd, the meeting having bean called tion Committee as required by the General etired at 10:00 P.M. The subje t of the Barnes property being used by the School •ommittee and Boy Scouts was discussed and it was agreed to have the Chairman arrange a meet- ing with the S hool Committee and Mr. Howard Butler, representing t Boy Scouts to discuss the subject further. Upon moti it was voted t terms expiring Buil Exec Publ Publ Town Town n of Mr. Reed, seconded by Mr. Tucker, make the following appointments for March 21, 1959: ing Inspector tive Clerk c Works Supt. c Works Asst. Engineer Counsel Sup't. Budget Meeting Barnes property Donald K. Irwin Hazel 1. Murray Richard J. Gayer John J. Carroll Richard J. Gayer Harold E. Stevens 280 Organization Mr. Reed was elected Executive Clerk pro -tem. Mr. James moved that William E. Maloney be nominated..,p,, as Chairman of the Board for the ensuing year, Mr. Tucker seconded the motion. Mr. Adams moved that the nominations be closed and the Executive Clerk was instructed to cast one ballot for William E. Maloney, as Chairman of the Board for the ensuing year which he did. The meeting adjourned at 11:20 P.M. A true record, Attest: 1 A special held in the Sele on Tuesday, Marc Maloney, Messrs. present. Mr. Ga and the Executi Mrs. Marek, School Committee Sachem Council The Chairm to discuss the do about it. Mr. James a month ago, he Butler and advi a part of the p partment for ad consider if tha the operation o was any way tha the wing suffic were suitably r with Mr. Butler has some ideas Mr. James upon request in and agreed to t School Departme ing and, provid to take care of One of the ques do the required financed. He s from Mr. Butler done, and about Mr. Butler first and secon He explained th require the min scaling, they c explained, by u suggested chang and heating, al some existing LECTMEN'S MEETING March 11, 1958 eting of the Board of Selectmen was tments•Room, Town Office Building, 11, 1958 at 7:15 P.M. Chairman James, Adams and Mrs. Morey were er, Superintendent of Public Works, Clerk were also present. Messrs. Clark and Steele of the and Mr. Butler, representing the Boy Scouts were also present. explained that the meeting was called ernes property and what. the Board should eported that some time back, perhaps spent a Saturday morning with Mr. ed him of the possibility of at least operty being used by the School De- inistration purposes, and asked him to were done what affect it would have on the Sachem Council office and if there the Sachem Couneil could work out in ent apace for their needs, provided it novated. Let Saturday, he met again and he had done some work on this and s to what he would like to have done. aid that last night the Board acted the form of a letter from Mrs. Marek over the Barnes building to the t, at least the main part of the build - ng suitable arrangements can be made the Boy Seauts, the entire building. ions was how much money will it cost to renovation in the wing ant'vx can it be id he thought the group might first hear and find out what he would like to have what it might cost. said he had some plans made up of the floor, copies of which he presented. t he tried to work out a plan that would mum of rano'Vations and he found out by n just get their operation down stairs. e of the plans, the present location and s, and said that is, expept for plumbing that needs to be done is removal of rmanent partitions. 281: Barnes property He 282 The Chairman asked if there were any supporting partitions and Mr. Butler replied that they wouldn't support anything but the ceiling. He said he knew the strain is running the lengthway of the ell and at the most there might have to be one larger beam installed. He said the Boy Scouts would like a storage room at the end of the garage which would not have to be heated, but to store paper and other supplies, He said he did not have any idea what the cost would be, but it would be well under $5,000. He stated that if it cost $5,000 or less, he understood probably, in talking with Mr. James within five years the Town or School Department might need the office space. 'the Scouts pay ;1,000 a year rental so if this could be renovated at that figure, or less, the Townwould recover that much money during the Scouts' occupancy. He said whether the Scouts stay there or not, or whatever use is made of the building, the roof will have to be fixed, as it is now leaking badly and ruining the ceiling they put in several years ago. The Chairman asked if Mrs. Magic- had any suggestions, and she said she raised the questioxt)he leer; if the re- novations are to be done, it might/well/nave the' entire project studied. She said the School 'Committee has, what it believes, is a firm figure so far as the renovations of the main part of the building is concerned. If the figure for the total building at this time was $20,000 -- she said she wondered if the renovation to the part elr the Boy Scbuta are interested in could be done par- tially and yet in such a way that what was done now would contribute toward the total completed job. She said her suggestion is that it should be studied. The Chairman said the School Committee has requested $10,500 to remodel part of the building. He explained that the Board feels the School Committee should be re- sponsible for the entire building and with that thought in mind, perhaps the School Committee should try to plan whatever renovating is to be done in c� -operation with the Sachem Council to satisfy both the School Committee and the Boy Scouts. Mr. Butler said that something would have to be done about the heating. The Chairman explained that the Board felt -this should be done by one, group and preferably by the School Committee, how the Board arrives at delivering the build- ing.and driveway has not been determined. Mr. Butler said that as far as Town Meeting is con- cerned, he thought they would be more repeptive to do the entire job, particularly if they thought they would be getting something back in way of rent. Mrs. Morey said the Scouts may be the School Depart- ment's tenants, but the rent will have to go into the Ex- cess and Deficiency Account. 1 Mr. Butler have to make oth has an idea the but this will gi around. He expl eluding himself, that is about a1 Mr. James a meetings, storag space downstairs The ehairma with this than h He asked lLthe funds in/ ovat Mr. James r wisest thing to 1.8 what concerns what can be done this time. h?rs. Marek an expense than than the heati Mr. Butler plumbing would tical tile: for The Chairm paired regardle Mr. Adams not come up at He asked if the good estimate. Mrs. Marek to work through able and for th estimate was ro cussed whether total amount.in then ask to hay Mr. Clark case. The Comm sect and take i job far• the Sch Council's needs The Chairm the job he coul of the heating Mrs. Maz4k building with h question as to burners; one fo aid he realizes the Sachem Council will r arrangements in five years because he chool Department might need the space, e the Scouts an opportunity to look ined that there are seven employees, in - and he knows he can get them in there, but Be said they do need a meeting room. ked if he would use the upstairs for in the back of the garage and office and Mr. Butler replied in the affirmative. explained that Mr. James is more familiar is so he would direct his remarks to him. hool Committee should ask for additional program. plied that he thought that would be the o. He said how it is arrived at in time him. He said f they take $5,000 and see with it is about all that can be done at said that the partitions would be leas of aking care of the roof and certainly less said that heating, the roof and a little e the major expense. He suggested acous- the ceiling. pointed out that the roof has to be re- s of who,does it. aid that this article would undoubtedly he first session and that givea'ten days. contractor could give the Committee a fairly explained that the Committee had not tried an architect as there were no funds avail - purpose of this article Mr. Custanee's h. She said the Committee has not dis- t would be wiser for it to ask far the the first place or ask for $10,500 and the vote amended. aid that the action tonight alters the ttee should go back and review the sub - to reonsideration the' cost of ding the of Committee's needs and the Sachem n said that when Mr. Custance figured not have figured eta just fixing half stem. said that she did not go through the m but as she remembers, there was a hether it would be wiser to have two the main part of the building and one 2831 284 for the annex. She said that there is no heat in the glassed -in porch. The Chairman said that Mr. Custance must be famil- iar with the entire building, and he thought it would be wise to check with him and see what he would think it would cost tp repair the entire building. Mrs. Marek reported that -Mr. Custance gave the Committee a figure of $2000 for School purposes and it may be that some of the things the Committee needs the Council would not need. She thought somewhere between *10,000 and $20,000 would be the figure. Mr. James suggested that the School Committee con- sider the building as belonging to it and it wouldbe the Committee's problem to work with Mr. Oustatice and Mr. Butler and get a figure to use at Town Meeting. Mrs. Marek said that the Appropriation Committee should be notified assoon as the Committee has a fighre. Mr. James said that was correct as this would be something new tothem. The Chairman said it should be pointed out .that in the next five years there will be revenue of $5,000, coming into the general fund. Mrs. Morey said that the School Committee will furnish heat and supply whatever janitorial service the Scouts have been geeting. • Mr. Butler said they have had no janitorialserviee but they do have heat and light. Mrs. Morey said .'it'-aeats' as though the School • i' Committee wants the building, so the building itself will be .underAhefSChoolrjanitor. She said the Town would take care of the grass and planting and as far as parking is concerned in the back, it will be,en- larged and continued out to the street behind which will serve to the advantage of the Committee as well as the Town. She said that as far as the use of the garage is concerned, that will work out as the need develops. The building itself will be the Committee's. She ex- plained that if it burned down, the School Department will not own the piece of land and then it will decide what is to be done. The building will be the Committee's and the Board will keep up the surrounding grounds. Mr. Clark said that this would be a nonconforming use. The Chairman said that the Board would like to ex- tend the parking area in back of the Town Office Build- ings and would like access to Fletcher Avenue. The Board feels it could develop the entire area much easier than the School Committee could and it would help the entire town. Mr. Clark said that he was glad this decision had been made. Mrs. Marek asked if she should mention anything about a long-term agreement. apao 1 285 She said the Co anent as to how Mr. James the School Comm Mrs. Morey would eome back Town to appropr The Chairm frequently held Mrs. Morey tinued, they wo Mr. Clark garage.' Mr. Butler and the Town ha Mr. Gayer has a garage fo Mr. Steele storage space a Mrs: Marek thing in writi of this meeting care of whateve M'. James Town Meeting an discuss it with The meeti Atruerec mittee feels there should be some agree- ong it can use the building. aid it was his impression that it is ttee's building for as long as needed. said if they need more space, they to the Board of Selectmen and ask the ate money for an addition. n explained that rummage sales are very at the building. said that if rummage sales are to be con- ld be controlled by the School Department. sked if the Board expected to use the said that the Seouts have a truck there the engineers' truck there. ointed out that the School Department the school truck and Mr. Clark agreed. asked if the Committee needed additional Mrs. Marek replied not for the present. asked if the Committee should have some - from the Selectmen -by way of confirmation She also asked if the Board would take is necessary to transfer the -property. xplained that it will require a vote of the Chairman said that the Board would Mr. Stevens. ' adjourned at 7:50 P.M. rd, Attest: xe tiv Clem, Select 286 Gasoline License SELECTMEN'S MEETING March 17, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 17, 1958 at 7:00 P.M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon application of Thomas E. & Helen D. Neal for permission to store gasoline,.waste oil, motor oil, kerosene, grease, anti freeze and specialties. Notice of the hearing was ins!rted ,,;fin the March 6, 1958 issue of the Lexington Minute -Man. Mr. Neal, Mr. D. J. Buckley and one other individual were present -at the hearing. Mr. D. J. Buckley, 661 Massachusetts Avenue, Arlington, the attorney representing Mr. Neal, ex- plained that Mr. Neal is in the process of selling to Gulf Oil who has checked the present license. He said that last.year Sun Oil Company requested permission to store an additional 4,000 gallons underground and the license was granted. However, the Gulf Oil Company saw something that bothered them technically and wanted it cleared up. They also felt there should be some authorization for gasoline in the cars in the lubritorium and the oil in the station should be included. He explained that what he is asking is to correct, if there was an error, that error. The Chairman asked if all these products were stored at the station now and Mr. Buckley replied in the affirmative. Mr. Neal said that he has a permit for 12,000 gallons but has only 8,000 gallons stored. Mr. Buckley stated that Mr. Neal is not asking for anything more than what he now has. No one appeared in opposition, and the group retired at 7:05 P.H. Upon notion of Mr. James, seconded by Mr. Adams, it was voted to grant a license to Thomas E. Neal and Helen D. Neal to store the following on premises located at 324 Marrett Road: 12,000 gallons of gasoline, 550 gallons of waste oil under- ground; 420 gallons of motor oil, 120 gallons of kerosene,100 gallons of grease, 170 gallons of anti- freeze, ►0 gallons of specialties and 30 gallons ©f gasoline in two vehicles above ground. 1 Mr. James J. Board for the dra individuals were Francis, 92 Schoo Street, James Sto Nevitt, 9 Ballard Mr. Carroll Carroll, Town Clerk, met with the ing of four jurors. The following rawn for jury duty: Louis J. Street, William R. Weems, 4 Eustis e, 10 Cherry Street and Warren Terrace. etired. Mr. Charles Ruggiero, 10 Battle Green Road, met with the Boar• relative to a sewer betterment assessment levies against lot 44 Battle Green Road. He said he did n• feel the assessment was justifiable. for many reasons, namely one, when he came to the Town Offices about two years ago and they were planning to put trees in the area he suggested he would like trees along the sides both streets and he was told the only place the Town plants trees was approximately on the frontage. He was then given to believe that he had about 14,000 sq - e feet of frontage. Be said since the sewer charge came in his frontage has increased and he would like to know why or how. The Chairma• explained that he had a plan and Showed the lot i• question. Mr. Ruggier• said if'the-frontage is applicable to one it should •e to the other. The Chairma said that Mr. Ruggiero has a total of 224300 feet i the assessable area. Mr. Ruggier• asked why that wasn't arrived at when the trees w=re put in. Mr. James a .lained that sewer betterments are assessed accordi _ to Statute which•is frontage on the street assessed imes the area going back 100 feet from that street. The Chairma explained that Mr. Ruggiero has the square front=ge and his lot is larger than any others in the ne ghborhood. Mr. Tucker =sked how large his lot is and Mr. Ruggiero replied it is approximately 26,000 square feet. He pointe• to the plan and said that when he came down about he trees the engineer drew 100 feet here somewhere a d went back 100 feet. Now on the sewer they start from this point and go over here. He asked why the frontage begins from this point now. The Chairma explained that trees are set in by request but s=wer betterments are charged according to Statute. Mr. Ruggier said he was under the impression that he had 34,000 square feet of frontage and now he ends up with 22,+00. Mr. James e.plained that the deed to the pro- perty should ind cate the area of the property. He explained that . Ruggiero does not have 14,000 square feet of f outage, that is a measurement of area. He said h was charged for the sewer better- ment on the area and not frontage. 287 Jurors Ruggiero sewer betterment 288 Mr. Tucker explained that there is no connection between the trees and sewers. Mr. Ruggiero said he wanted tb know his frontage and Mr. -James explained that frontage is not aquare feet but`.is linear feet.. Mr. Tucker said that square footage is his linear footage times a maximum of 100:feet, and in this case it gives Mr. Ruggiero 22,400 square• feet. - The Chairman said that he owned more than 22,400 feet and Mr. Ruggiero said he knew that, he owns 26,000 feet or more. He said if his house was facing Battle Green Road he could see the argument, but it isn't. The Chairman said:7:he would like to see Mr. Ruggiero satisfied and the Board would discuss the sub jest further and try to..set it uu in such a way that he hoped Mr. Ruggiero. -would understand. Mr. Ruggiero said he could not see what differ- ence it makes, sewers or trees, when it comes to frontage. The Chairman explained that trees are requested by people and the requests usually come to the Board of Selectmen who then refeb it to the Superintendent of Public Works. - Mr. Ruggiero said he would not be arguing if if he did not feel he had a right to. Mr. Adams said, if correct in his understand- ing, trees are put in..at no expense to the ab{itter at his request and there is no comparison between trees or sewers. Mr. Ruggiero said he could see Mr. Adams' point but it did not settle the point of frontage. Mr. Adams explained that frontage bias nothing to do w h trees and suggested that Mr. Ruggiero look up the meeting. Mr. Ruggiero said he did not attend a meeting. He just asked for trees and had a discussion with the Town Engineer who told him the trees could not be planted anywhere except on frontage. Mr. Tucker asked what Mr. Ruggiero would like done and he replied that he would like to have the assess- ment the way he thought it shouldbbe assessed. He said if the Bard took the frontage as his house is. facing the lot and went back 100 feet he would be satisfied with that assessment. The Chairman said that the Board would spend some time with him at a later date as there is a Town Meeting this evening at eight o'clgck. Mr, Tucker said the Board would have Town Counsel explain the assessment. The Chairman said that as soon as the Board has had an opportunity to get some of the facts beady he would let him know. 1 Mr. Ruggie o retired at 7:30 P.M. and Mr. Stevens met Wit. the Board. Letter was Cedar Street, a of sewer better in the amount o Decision w meeting of the Upon motio voted to grant Company and the Company for the More pr OneR One Mr. James pool repair ite Department bud engineer and w the pool will it up to moder It can be reps as it used to not be sccordi were built tod Health would n cussed the sub approval of $2 The Chair that Mrs. More a meeting to be for the purpos to the Traffic by the Board a Limited parkin the Douglass F Street, No par removal of met at Emery Park, Bank, and Yiel The Meeti received from Mary H. Powers, 66 king the Board to consider deferment ent assessments on Paul Revere Road $3,161,11 and $ 628.36. s deferred until the next regular oard. duly made and seconded, it was he petition of the Boston Edison New England Telephone and Telegraph following j/o pole location: nd Avenue, southerly side, ap- imately 65 feet east of Moonhill d. pole, guy wire and anchor. existing j/o pole to be removed. reported that inasmuch as the swimming had been included in the Park et Mr. Gayer check with a consulting s advised that the cost to repair $25,000 and not $12,000 to bring standards and correct the defects. red and brought to as good condition e for the $12,000 but that would g to present day standards and if it y the State Department of Public t approve it. He explained that he dis- ect with Mr. Ferguson and he recommends ,000. n suggested, and the Board agreed, and Mr. Adams represent the Board at held with the Traffic Study Committee of considering proposed amendments Rules and Regulations. Items discussed various times in this connection are:: park4mg at the Central Block, bus stop at eral Home, parking meter at Muzzey ing on Muzzey Street and Clarke Street, rs from Grant Street, parking meters parking meter at Lexington Savings Right of Way signs. 289: Sewer betterment g adjourned at 7:55 P.M. Due to t limited time before Town Meeting, it was agreed o hold the next regular meeting of the Board on T esday,March 25th at 7:30 P.M. pos- sibly in the E.gineers' Room because the Board of Appeals has re .erved the Selectmen's Room for that night. 290 A true record, Attest: 1 SELECTMEN'S MEETING March 22, 1958 A special m held in the Sale on Saturday morn Chairman Maloney Mrs. Morey were Further con Mrs. Mary Powers Sewer Betterment Paul Revere Road motion duly made provisions of C extend the time without interest is built upon, so years from the d first; provided time shall• termi of the sewer mai thereof. Bids for Oa held over until Board. Upon motion voted to make th the terms expiii 5 E (Ch Acheson, Eugene Allen, Charles D Allison, Howard Anderson, Carl Baker, Ramon C. Ballou, Sidney R Barrett, Elliott J. Beauchesne, Jose•h Bickford, Walter E. Brunn, Ewart M. Butler, Lawrence M. eting of the Board of Selectmen was tmen's Room, Town Office Building, ng, March 22, 1958 at 9:00 A. M. Messrs. James, Tucker, Adams and resent. ideration was given the letter from 66 Cedar Street, relative to a Assessment levied on property on in the amount of $3,161.11 Upon and seconded, it was voted, under the pter 159 od the Acts of 1950, to or payment of the above betterment, until said land or any part thereof d or until the expiration of three to hereof, whichever event occurs owever, that this extension of ate immediately if the facilities are used for said land or any part bage Collection and Disposal were he next regular meeting of the duly made and seconded,- it was following Annual Appointments for March 31, 195/9. CIAL POLICE COMMISSIONS piring March 31, 1959 eked by Chief Rycroft) 291. Sewer Betterment Assessment Bids Appointments 2634 Massachusetts Avenue 4 PaalAiBteretRoad 15 Utica Street 41 Ledgelawn Avenue 14 Stratham Road 2013 Massachusetts Avenue 15 Donald Street 36 Adams Street 82 -Waltham Street 40 Downing Road 24 Woodland Road 292 Cabral, Joseph E. Calhoon, Albert J. Carroll, James J. Clifford, Malcolm H. Colbert, Edward P. Dearborn, Horace N. Dearborn, Murray G. Dermody, Roderick Dooley,, Henry W. Dreselly, Andrew Eriksson, E. Alden Fifield, Donald M. Finney, Charles A. Flack, Clifford. F. Foster, George E. Gagne, Maurice A. Galvin, Russell P. Greening, Gaywood Gazan, Samuel E. Howie, Colin A. James, Henry T. Jenson, Edmund M. Johnson, Joseph S. Jones, Cecil Josephson, Harold W. Kakas, Edward G. bleinberg, Edward F. Kravis, Edward Lamont, John Lannquist, Arthur Lewis, Raymond E. Linfield, Arthur R. Licciardi, Frank G. MacDonald, Charles MacKechnie, H. K. Marcus, Hymen Martin, Clifford M. MacLean, Ralph D. Melquist, John Merz, William F. Moloy, Charles E. Moretti, Joseph A. Murphy, L. Francis Myatt, Robert 47 North Street 104 Simonds Road 17 Muzzey Street 54 Chase Avenue 794 Massachusetts Avenue 16 Stratham Road 16 Stratham Road 1722 Massachusetts Avenue 77 Baker Avenue 12 Patriots Drive 41 Preston Road 25 Adams Street 36 Albemarle Avelino) 41 Outlook Drive 10 Plainfield Street 18 Middle Street 21 Crescent Hill Avenue 688 Marrett Road 112 Betwell Road ]4 Scotland Road 28 Vaille Avenue 46 Fern Street 51 Spring Street 36 Woburn Street 33 Liberty Avenue 44 Locust Avenue 1 Piore tandr'hvdnus 26 Preston Road 11 153 58 26 Spencer Street Shade Street Hancock Street Oak Street School Street g4 'Bernard Street 12 WinthropR 219 Massachusetts Avenue 6 Hillside Terrace 9 Spring Street 86 Gleason Road 252 Marrett Road 23 Webb Street 8 Rindge Avenue 5 Bennett Avenue 9 S mnyknoll Avenue 1 Nickerson, Benja in OtConnor, Daniel F. Palermo, Victor Pierpont, Wilfre• D. Jr. Polley, John D. Prescott, Robert Purinton, Richer • M. Redmond, James Reed, Haskell W. Reilly, John F. Richards, Randal W. Richardson, Earl W. Ritter, Julius C Rogerson, Willie G. Rosendorn, Louis Rossi, Anthony J Ruocco, Louis Ryan, William J. Samuels, Frank T Jr. Saunders, Robert W. Schofield, Cless.n G. Sellars, John A. Seymour, Cyril V Shaw, James C. Slader, Hederick Smith Edward C. Smith, Walter C. Jr. Sorenson, Axel Turner, Gerald C Walsh, James V. Webb, Edmund A. Wilson, Davis S. Jr. Wright, Glenn Young, Stanley R Zittell, George Zitso, Peter School Janitors Clarence McPhee George D ughty, r. Thomas/R-an Louis A. Bonney Anthony J. Janus -s 81 Gleason Road 49 Cedar Street 20 Avon Street 4 Taft Avenue 189. Wood Street 6 Forest Street 12 Oakland Street 7 Dunham Street 72 Lowell Street 43 Downing Road 67 Farmcrest Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 50 Fottler Avenue 2 Wheeler Road 28 Therese Avenue 21 Grant Street 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 152 Bedford Street 43 Hayes Avenue 11 Hamblen Street 67 Simonds Road 86 Winter Street 306 Lowell Street 65 Williams Road Thomas Sullivan David Kidd William P. Casey 293 294 Library Edward T. McDonnell Middlesex County Sanatorium Charles W. Varnry William J. DiCicco M.I.T. Lincoln Laboratories Joseph E. Ewers 12 Old Coach. Road, Weston Edward A. Richardson 34 Lexington Street, Wilmington August S. Cidado 39 Tufts Street, Arlington Henry Crowinshield 7 Paul Avenue, Woburn Christian Larsen 26 Wachusett Drive, Lexington Augustine D. Murphy 91 Ferry Street, Lawrence Others Alan G. Adams Roy A. Cook Anthony Rochette Ruth Morey Ralph H. Tucker Raymond W. James William E. Maloney Richard J. Gayer Francis J. Smith William L. Harrington John W. Alexander Henry Brown, Jr. Bertram M. Adams, Jr. 127 Wyoming Avenue, Malden Wentworth J. Marlilig 101 Dodge Street, Beverly William L. Spiers, Jr. 185 Lowell Street, Lexington Edward T. Gallagher 8 Spring Lane, Maynard Howard D. Ryder 2 Wilson Road, Lexington Selectmen Chief Engineer, Fire Dept. Janitor, Town Office Selectmen Selectmen Selectmen Selectmen Superintendent of Public Works Keeper, Hobbs Brook Reservation, Lincoln Metropolitan State Hospital n s 1 1 S LECTMEN'S MEETING March 24s 1958 A meeting of the Selectmen's R 24, 1958 at 7:00 James, Tucker, Ad Mr. Stevens, Town also present. Members of Standing School B Expenditures Comm discussion of Art Meeting. The Chairman the Clerk be dis at 7:10 P.M. the Board of Selectmen was held in om, Town Office Building, on March .M. Chairman.Maloney, Messrs. ms and Mrs. Morey were present. Counsel and the Acting Clerk were e Appropriation Committee, the ilding Committee and the Capital ttee met with the Board for a general ele 40 of the Warrant before Town suggested, and the Board agreed, that seed, The Clerk left the meeting Respectfully submitted, 29'' 296 Appointment Bonds SELECTMEN'S MEETING March 25, 1958 A regular meeting of the Board of Selectmen was held in the Engineer's Room, Town Office Building, on Tuesday evening, March 25, 1958, at 7:30 P. M. Chair- man Maloney, Messrs. James,'Tucker, Adams, Mrs. Morey and the Acting Clerk were present. At 7:30 P. M., Mr. Rycroft, Chief of Police, in- troduced Mr. James J. Lima, Jr., an applicant for the position of patrolman, to the Board. The Chairman asked Mr. Lima the reasons he desired to work in Lexington. Mr. Lima replied that he had been a policeman for three and one-half years, he liked the work and would like to continue with it and have more time with his family than he had been able to give them. He felt he would be happier in Lexington. He said he had been married for three years and had attended Lexington Schools. The Chairman said that the salary had been corrected. It is listed as $74.42. Mr. James remarked that the revised schedule is $4100 the first year, $4250 the second and *4500 the third year. The Chairman asked how soon he would be able to cone and Mr. Lima replied that he was ready at any time, but would like to give ten days' notice so that he could make arrangements. The Chairman asked if that were all that was required and Mr. Lima replied that he would have to find out, that probably it would be two weeks. Mr. Maloney replied that the Board would notify him and thanked him for coming in. Mr. Lima retired. The Chairman said that would be effective April llth and that two weeks was a good time to give anyone like that, and that there was no conflict. On motion duly made and seconded, it was voted to appoint James J. Lima, Jr., 27 Eldred Street, a patrolman, Lexington Police Department, commencing April 11, 1958. Upon motion made by Mrs. Morey, seconded it was voted to approve Surety Bond F-126094, of James J. Carroll as Town Treasurer, in the $74,300.00, and Surety Bond 617239, on behalf by Mr. James, on behalf amount of of Ethel U. 1 Rich, as Tax Col Application State for a Certi Evelyn Wiggleswo A satisfactory c the Chief of Pol certificate. The Chairma Dog Officer, wit Mrs. Patricia Fo owner of the dog, was unable to ke it put to sleep. in the event the to contact him. At 7:45 P. Committee met wi retired. Mr. Ro The followi with the Select Jaquith, Soule, Mr. Jaquith the area of Spri remarked that he time for a Town School Committee Mr. Jaquith hearing and a By Town Meeting, Mrs. Morey and Mr. Jaquith that would still Morey wished to for the Meeting. Mr. Jaquith had written to T There was some t present any grea the definition o felt that it mig discussed with M the approving au Planning Board o Board does appro Appeals is the T 297` etor, in the amount of $89,700.00. was received from the Secretary of ficate of Incorporation on behalf of th, 30 Pine Knoll Road, Lexington. Cert. of aracter reference was received from Incorporation ce and it was voted to sign the read a letter from George W. Forten, regard to a complaint received from st of 33 Shirley Street. Mr. Newbury, advised Officer Forten that if he Dog Complaint', p the dog under control, he would have Officer Forten advised Mrs. Foust that dog was the cause of further annoyance, . , Mr. Edward Rowse of the Appropriation h the Board, at which time, the Clerk se left the meeting at 8:25 P.M. g members of the Planning Board met at 8:30 P. M: Messrs. Grindle, bbott, Burnell and Snow. said this meeting was about rezoning g Street and Route 2, and the Chairman thought they had to talk about the eeting. He said it could wait for the May 5th or shortly thereafter. replied that there would have to be a Law would have to be outlined before week before Town Meeting. aid three weeks before the 5th of May, eplied the 14th of April; he thought give them time to do the By -Law. Mrs. now if by the 14th they would be ready Said Bob Brown, attorney for Filenes, wn Counsel and suggested two changes. chnicality which probably would not problem except they want to ehange the term "Shopping Center", and it was t present some problems and should be . Stevens. They also discussed whether h ori ty , on the site plan, should be the the Board of Appeals. The Planning e plans of this type. The Board of +s only means of procedure. The Shopping Center 298 Appeals Board has experience at approving site plans. The Planning Board recommends the zone for a Shopping Center. It is just this question. Technically under the law, whether the Planning Board has the power. We think that question would be eliminated by the Board of Appeals being the approving authority. Mr. Jaquith remarked that personally he thought the Planning Board was the better board to approve a site plan, and he thought what they could do was to give the approved plan to the Board of Appeals and that the Planning Board would make recommendations to the Board of Appeals. That would be one way of bringing the Plan- ning Board into it. He said with Town Meeting out of the way next week, maybe Mr. Stevens could meet with Mr. Brown and discuss with him some of the objections he raised in his letter. Mr. Jaquith said he thought it was rushing things pretty fast to think they would be able to have a By -Law out by April 22nd, two weeks before the time of a Town_ Meeting. Notice has to be in the paper two weeks before a hearing. Mr. Adams said why shouldn't Filenes supply money for help to do this and felt that Mr. Gummere would co- operate, and that Filenes might have some plans that were better than what we have here. Mr. Jaquith said the technical course of procedure was to suggest that they be permitted to have outdoor stalls on the site plan. Mrs. Morey said that this entire thing should be written as to how it should be beneficial to Lexington, and said it had to be a protective By -Law, not a co- operative By -Law. Mr. Jaquith asked if this were published on. the 9th. for a hearing on the 29th, would a Town Meeting on the 12th take care of the School Committee. Mr. James replied that he didn't know for. sure, but he believed that there would be no serious objection to the 12th. Mrs. Morey asked what would be the latest day in June when it would be practical and reasonable to have a vote on a referendum, the 16th? Mr. Grindle replied that the elementary schools close on the Friday before the 16th, and it was said that there was no reason that they would have to have a referen- dum on a Monday, that there was at least two weeks' time. Mr. James said the 12th of May at the latest for a Town Meeting. Mr. Jaquith said he could devote a little time, but would have to talk with Mr. Stevens. He said Mr. Gummere called him last week and asked what was going on. He said Filene's were ready to go ahead and asked what was the 1 1 Town doing. Mr. Soule sa to recommend it. the people they 50% Vote of the T tett the Town and It was menti Town for another Mr. Jaquith would affect the In dismissal it was much easie The Chairman Morey sit in filth notified, anyone Mr. Jaquith sit in with them, The Chairman liminary steps an Meeting. Mr. Grindle corner of Weston for subdivision. putting another r should be reserve Corr. It is befo foot lot area. P objection to divi It was felt by Mr. Gayer or Bridge, which now said they would was dismissed at A true copy, Atte d that neither Board could afford not He said if they were responsible to d no choice. There was less than a n. This should be written to pro - forget about pleasing Filene's. ned that Filene's might appeal to the cress. aid that they did not know how this ax rate. the parking area, Mrs. Morey said to maintain blacktop than grass. suggested that Mr. James and Mrs. the Planning Board, and if they were ould come. uggested that one member of the Board and said he would talk to Mr. Stevens. said that they had discussed the pre - they would look toward a May Town poke of a section of land over at the d Spring Streets which was coming up This land, if they were considering ad through to the Hayden property, for the Town. If is owned by Lt. e the Board of Appeals now, a 30,000 rsonallyy he felt there would be no great ing the lots into smaller ones. hat there should be a plan prepared . Snow with regard to the Lincoln Street goes at the wrong angle. The Chairman ait to hear from them and the Clerk :20 P. M. t: Acting Clerk, Selectmen. 299 300 Jurors SFt.FCTMEN f S MEETING March 31, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 31, 1958 at 7:00 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Gayer, StAperintendent of Public Works, and the Executive Clerk were also present. Mr. Stevens, Town Counsel, arrived at the meeting at 7:25 P. M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Robert P. Kaplan,'3 Winchester Drive, Bailey A. Simpson, 21 Moreland Avenue, Isadore D. Larkin, 2627 Massachusetts Avenue. Mr. Carroll retired. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Pole and Telegraph Company for the approval of j/o pole locations locations on Lowell Street. Mr. -Mahon, representing the Boston Edison Company, was the only person present at the hearing. He ex- plained that these are existing Boston Edison polei and with this petition, the company is attempting to make them jointly owned with the telephone company. 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 locations: Lowell Street, southwesterly side; south- easterly from a point approximately 95 feet southeast of North Street, - - twelve poles. Lowell Street, southwesterly side, south- easterly from a point approximately 575 feet southeast of Laconia Street, - - three poles. Mr. Mahon retired at 7:05 P. M. Applications were received from the Lexington Inn, 727 Marrett Road, for Common Victualler and Innholder PENA 1 licenses. Upon motion it was voted to g The Chairman tions Committee,' for the early mor Green April 19th. pate in the parad Upon motion it was voted to s conveying tax tit Road to Frederick The Chairman bids and Mr. Gaye Group today and a cial statement f talked to John Me Employers Group w being that Mr. Si Fidelity and Guar Mr. Gayer sa of the U. S. Fide said they would w Mr. Silva's insur the bond. He said the Brothers but he s the United States they they would The third 1 John MacNeil, wou Mr. Gayer re Superintendent of stated that he fe They are not part but he was satisf that he also chec who said he was w Mr. Gayer sa Wellesley will ex Do find out today not. He said that was under the imp bid on the Welles Mr. Gayer sa the Board invited to be considered. 301 f Mrs. Morey, seconded by Mr. Adams, Licenses ant both licenses. read a letter from the Town Celebra- ogether with a schedule of program. ing parade and ceremonies on the The Board was invited to partici- and to march with the staff. f Mr. James, seconded by Mr. Adams, gn a deed, prepared by Town Counsel, e lots 12 and 13, Block 15 Eaton A. Mowatt, former owner. brought up the subject of garbage said that he called the Employers ked if they had received a finan- cn Silva Brothers. He said he aughlin who reported that the uld not write the bond, the reason va has all his insurance with U. S. ntee Company. d he also talked to Gordon Strang ity and Guarantee Company and he ite the bond. They have carried nee and would be willing to write ext lowest bidder was Ruggiero ill does not have an answer from Fidelity and Guarantee Company that ite a bond. bidder was Potter, and the agent, d be willing to write a bond. orted that he checked with the Public Works in Wellesley and he t Silva's collections were average. cularly good nor particularly bad ed with the service. He reported ed with the Town Manager in Concord 11 satisfied with the service . d. that Mr. 5ilva's contract with ire April 31st tut he was unable if he is bidding on that again or one of the bondsmen he talked to ession Mr. Silva was not going to ey job again. d he thought it would be vise if Mr. Silva in some night if he is April 19th Tax title Garbage contract 302 Mr. Adams said that on a garbage contract there is a bond and asked how well it could be enforced. Mr. Stevens explained that to his knowledge, the Town has never had to rely on it. He stated that there is a provision in the contract for liquidated damages of $5.00 a day for each collection missed. The bonding company is not in a position to collect the garbage and it would have to get someone to do it and back charge. Mr. Tucker asked if the Board could make a change if at the end of ten months the collector proved unsatis- factory and Mr. Stevens explained that the Board could notify the contractor that he was not to oontinue but it would have to ask for new bids. He said he knew of no statute requiring the contract to be awarded to the lowest bidder but the Board should have a very good reason for not awarding it to the lowest bidder. Mr. Adams asked if the Board could have the low bidder in for questioning and Mr. Stevens replied that the contract covers equipment, etc., and is very strict. The Chairman asked if Mr. Gayer had ever talked to Mr. Silva and he replied in the negative. The Chairman asked if Mr. Gayer had ever seen Mr. Silva and he replied in the negative. The Chairman said he thought the Board should invite Mr. Silva in to discuss the subject and it was decided to meet at 5:30 P. M. on Thursday. The meeting adjourned at 7:50 P. M. A true record, Attest: eciitive/Clerk � Selectmen. 1 A special me in the Selectmen evening, April 3, Messrs. James, Tu Mr. Gayer, Superi tive Clerk were a Two Silva br the Board at the The Chairman asked to attend t to do a good job Mr. Silva i working in Welles done an excellent check with Welles The Chairman collecting in Wel last night but di awarded. He said Mrs. Morey a Silva replied 15 Mr. Silva sa in Wellesley they three a day and The Chairman the Town of Lexi tive. He said th and have two extr The Chairman Mr. Silva replied chain drive. He ment. Mrs. Morey a replied that he h for complaints. The Chairman ington new and as fled. Mr. Silva re new. They just s think they have d Mrs. Morey s ley and asked if ton and three in 303 SELECTMEN'S MEETING April 3, 1958 ting of the Board of Selectmen was held s Room, Town Office Building, on Thursday 1958 at 5:30 P. M. Chairman Maloney, ker, Adams and Mrs. Morey were present. tendent of Public Works, and the Execu- so present. thers, of Silva Bros. Inc., Met with oard's invitation. explained that the reason they had been e meeting was to discuss their ability olleeting garbage. ormed the Board that they have been ey, a very strict town, and they have job there. He said the Board could Garbage ey or the Town of Concord. Contract asked if Mr. Silva was going to continue esley and he replied that they bid it not know if the contract had been there were two bids lower than his. ked if they were much lower and Mr. 0. d they have done such a terrific job have cut the complaints down to about e previous contractor had thirty-five. asked if they have equipment to handle n and Mr. Silva replied in the affirma- y had Wayland, Concord and Wellesley trucks that they did have in Wayland. asked if the trucks were suitable and that they are brand new covered bodies, nvited the Board to inspect the equip - ked how many trucks he had and Mr. Silva s eight trucks and a pickup which is used said that they would be coming into Lex - ed if they could keep the people satis- lied that they went into other towns arted the business five years ago and ne a good job. id that Lexington is larger than Welles- hey would have three trucks in Lexing- ellesley. 304 Mr. Silva said they have one truck that picks up the college three days a week and that takes two hours. They plan to use that truck in Lexington with two others. Mr. Tucker asked Mr. Gayer if he thought that would be sufficient equipment and Mr. Gayer replied that he did for once a week collection. The Chairman said that two trucks does not do the job. Mr. Gayer asked how many men were on a truck and Mr. Silva replied three. Mr. Gayer asked if he was going to need personnel and Mr. Silva replied that they have turned away twenty men these past three weeks. He said he has plenty of good dependable help. Mr. Gayer asked if they would be feeding to their own hogs and Mr. Silva replied in the affirmative. The Chairman asked if they had read the contract very carefully and Mr. Silva replied in the affirmative. He said what he liked was the once a week collection. The Chairman explained that would not hold in the business areas. Mr. Silva said he understood that and they would be collected every day. He said Wellesley has twice a week collection over the entire town. Mr. Gayer pointed out that the contract states once in every seven days and Mr. Silva said he understood that. The Chairman said that Mr. Silva would have to com- pensate for holidays and Mr. Silva said they made sure the Town is completely picked up from Monday to Saturday. Mrs. Morey asked how many more trucks would be needed if the Board decided it was necessary to have twice a week collection and Mr. Silva replied that to do the whole town they would have to double. The Chairman said that the load would be lighter. Mr. Silva said thatConcord has once a week and they are satisfied. They are sure the collector will be there once a week. Mr. Silva explained that Wellesley wrote the contract for twice a week because the contractor some times let the collections go for tenr=days. The Chairman stated that the Board wants collections every seven days. Mr. Silva said the collection would be as good if not better than what the town has had. He would give good ser- vice. He said that during snow storms they never let Welles- ley go through a storm. Mr. Adams asked about rules and regulations. He said his garbage was not picked up for three weeks, the back yard was not shoveled. Mr. Silva said they would appreciate it if the people would shovel at least a path to the garbage container. Mr. Gayer said it was only.sir that the people clear a path to the container. He said he has been very strict 1 and when people call after a storm the first question asked is if a pat was shoveled to the container. Mr. Adams as ed about lobster shells and Mr. Gayer explained they ar included in this contract. They can be deposited in t e garbage container. The Chairman said that Mr. Silva knew what was in the contract; he s in the business. Mr. Silva sa d they do not like to take dead squirrels because some time: they have been poisoned. Mr. Gayer as ed if the contract was awarded to him if he would be willi g to work with the Public Works Depart- ment in setting u• definite schedules and routes. Mr. Silva re.lied in the affirmative and said if they could get the col ections each day in a different color crayon on a map ey would follow it. He said they know the town fairly w.il. Mrs. Morey s id that if everyone knew what day the collection was mase it would help. Mr. Gayer sa d he would like to be able to tell people when they all on what day collection will be made in that area. He said he would like to make a more uniform dist ibution and he has a population map which might help. Mr. Silva sa.d he would like to collect the town in five days and giv his men a short day on Saturday. The Chairman asked if complaints would be picked up on Saturdays and . Silva replied in the affirmative. Mrs. Morey s:id that Mr. Silva said his equipment was three years of d and she asked if he planned to buy any new trucks t is year. Mr. Silva re lied that the trucks are in good con- dition and have =d new motors. The bodies are good for ten years. They cost $3500 each new and are good for at least ten or fift.en years without any trouble. The Chairman said that the bodies are good for that period of time a • with enough equipment they would work in such a way that if one broke down, they would have some- thing to use. He said that if something happened, the Board would not ant to hear that the truck broke down. Mr. Silva said they would do a good job and do it right. He said they have as good equipment as the Town has ever had. The Chairm said that members of the Board, together with Mr. Gayer, ould be out to inspect the farm in the morning and Mr. i cker said he could go over this evening. The Silva b others retired at 5:45 P. M. It was agre April 8th at 5:1 A true regio d to hold the next meeting on Tuesday, P.M. d. Attest: 305, 306 SELECTMEN'S MEETING April 8, 1958 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Tuesday, April 8, 1958 at 5:15 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Execu- tive Clerk were also pre sent . Further consideration was given to the bids opened March 10, 1958 for the collection and disposal of garbage. (!Garbage Upon motion of Mr. Tucker, seconded by Mrs. Morey, 'Contract it was voted to award the contract to the low bidder, Silva Bros. Inc., for a period of three years at $21,000 per year. A letter received from Raytheon Manufacturing Company relative to furnishing water to a new labora- tory building in Bedford was held over. Mr. Gayer reported that Mr. Stevens, Town Counsel, has discussed the subject with Raytheon's legal depart- ment and all they need from the Board at this time is a statement that the Board of Selectman agrees to fur- nish water to Raytheon under terms that will be mutually Raytheon agreed upon between Raytheon and the Town of Lexington. water Mrs. Morey asked if this wouldn't affect the house- ing development and Mr. Gayer explained that Mr. Stevens reported that Raytheon has gone to Washington and forced the MDC to rescind its vote and there is no reason why they can't do the same insofar as Lexington is concerned. He said withaa government contract there would be no difficulty in their forcing Lexington to supply water. He pointed out that they paid for the line that is now in there and 11r. Tucker asked about a new supply line if needed and who would pay for it. Mr. Gayer said that is another question. The Chair man asked if it was agreeable with the Board to send such a letter and Mrs. Morey said that the Board might just as well prepare a similar letter for the hous- ing development. Mr. Gayer said that actually the water for Raytheon is a small amount and should not affect the supply very muchbut the housing development is something else. Mr. Tucker asked if the Board had to take any action now and Mr. Gayer replied not on the housing development. It was unanimously agreed to send a letter to Raytheon 1 1 advising that the tory building on to exceed 15,000 upon; the Town Co execution by both Town. Town would supply water to the new labora- artwell Road in Bedford in an amount not allons per year upon terms mutually agreed nael to work out a suitable contract for parties which must be acceptable by the The Chairman read a letter from Mrs. Arnold W. Williams, 9 Baifo'r Street, advising that the resi- dents on Paul Rev re Road want to have the installa- tion of sidewalks voted at the Annual Town Meeting, postponed for the present. Mrs. Morey a=ked how the School Department felt and the Chairman aid that probably the Board should check with them. Mr. Adams sa d that he thought it was a matter of principle and aul Revere Road is a County way designed to take 'uite a bit of traffic. It was agree. to advise Mrs. Williams that be- fore the engineering work is done on this project, the Board will co sider the request that the work be postponed. Mr. Adams sa'd he did not think it was ever good to have children alking in the street. Letter was r=ceived from the Lexington Historical Society advising hat Edwin B. Worthen, Jr. and Donald Grant were nomina ed as regular members for the Historic Districts Commission and Eugene L. Morgan and Reath Admiral Haskell R=ed were nominated as associate members. Letter was also received from the Lexington Arts and Crafts Societ' advising that M. Donald Plummer and S. Lawrence Whip.'e were selected as candidates for as- sociate members o the Lexington Historic Districts Commission. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to ppoint Edwin B. Worthen, Jr. a member of the Historic Districts Commission for a term expir- ing January 1, 1.63 to fill the vacancy caused by the resignation of . Russell Kettell. Upon motion it was voted to amount of $1,000 the Board for a Notice was Commission relat coholie beverage It was unan stores to remain of Mr. James, seconded by Mr. Adams, pprove Surety Bond #632130 in the on behalf of the Executive Clerk to err expiring 4pril 1, 1959. eceived from the Alcoholic Beverages ve the sale and delivery of al - on Patriotst Day, April 19th. mously agfeed to request the liquor closed on April 19th until 5:00 P. M. 307 Sidewalks Appointment Bond Liquor 308 At 5:50 P. M. Mr. Grindle and Mr. Snow met with the Board. Mr. Grindle referred to a parcel of land at the corner of Weston and Lincoln Streets owned by Lt. Corr and Mr. Cataldo and reported that a hearing will be held this evening by the Board of Appeals requesting permission to provide for six lots. Mr. Snow explained that the land was purehased from the City of Cambridge. The Chairman asked what the Planning Board was suggesting, and Mr. Grindle replied that it would be ideal for the Town to purchase it but the price would be out of the question. Mr. Snow said that they are asking $21,000 and have been offered $18,000 providing the Board of Appeals grants the request. He said they can get four 40,000 foot lots there now. Mr. Grindle asked if the Board wanted to have an article in the warrant for this. He said that none of the members of the Planning Board likes it and if any- thing is to be done two lots should be taken, which he pointed out on a plan. No decision was arrived at and no action taken. Mr. Grindle said a meeting had been held ten days ago on the Zoning By -Law of Filene's and it was very Zoning definitely understood that there would be changes By -Law there. The Planning Board made the changes and none of them has to do with the parking. At the present time, the parking area for automobiles is at the ratio of three to one and their survey, which they had made, said the correct ratio should be four to one and that is what the Planning Board put in. At a meeting today, Filene's are not sure they can go along with that on the present land there. Unless the Planning Board goes back to the three to one or three and a half to one, the Zoning By -Law can't go in the paper tonight but can a week from tonight. He said personally he was opposed to it. The Chairman asked if Mr. Jaquith would accept the three to one and Mr. Grindle replied that he did not know. He explained that Mr. Jaquith said if something could not be agreed upon tonight, it would have to wait another week. Mr. James asked what affect that would have on the May 12th Town Meeting, and Mr. Grindle replied that it would not affect it at all. Mrs. Morey said that the School needs to be voted if it is going to be voted and if there is any possibil- ity that this might be prolonged, the school should have its meeting the week before anyway. Mr. James sai four to one, he di three to one was r commended with a g some study made in use. He said as he people recommended recommendation and upon which to make objection on his p did not think the Center on the basi He asked how the P a half. Mr. Grindle s wants, he would no The Chairman figure, he would 1 made now. Mr. Grindle s and Mr. Snow said for this. Mr. James ask issue and Mr. Grin Mrs. Morey sa for a week, and th not solve too many Mr. James sal recommend three an The Chairman that the more they The Chairman agreeable to Filen according to Mr. J Mr. Snow said it is total areas is total square fo The Chairman Mr. James ask to one, one foot o devoted to stare o voted to parking. Mr. Grindle s included parking, spaces. Mr. Gayer ask number so high it what they propose Mrs. Morey sa should be made thi Mr. Snow said that whether it is three to one or ntt have much feeling. When the commended, it was apparently re- od reason and there must have been eating that was a good figure to recalled it, Filene's engineering four to one and said it was a good these are the only facts he has a decision. He said there is no t to the three to one. He said he oard could apply any ratio to a of experiences in other places. anning Board felt about three and id that if that is object. aid that if Filene ke to know why the what everyone agreed to the change is being id this is a survey made for them, e thought their attorneys pushed d if this was the only point at le said it is as far as he knows. d she thought it should be delayed Chairman said that delaying it would things. that was his feeling and he would a half to one. sked how Mr. Snow felt and he replied get the better. aid that four to one would not be 's and Mr. Grindle said that was quith. that ratio includes the driveway and vailable for parking. He said it t of area devoted to parking. sked for a decision. d if the Board was saying on a three t of every four total land area is three feet out of every four is de - He said there is a difference. id in a four to one ratio, the four rives, loading areas, and all open d if it was possible to get the ould be impossible for tem to do nd Mr. Snow replied in the affirmative. d she did not think the decision evening. they hope to build 550,000 square 309 310 feet and as he understands it, it is floor area and not ground area. Mr. James said they have fifty-six acres exclusive of the State taking and exclusive of the Hayden land; that is close to four to one, and he could see how four to one could squeeze them. Mrs. Morey said if they need that much space for parking, they need to build a smaller store. Mr. Grindle said that is his personal feeling but three and a half would be all right. Mr. James said he thought the three and a half figure would solve the problem. Mr. Adams said they agreed on four and he would like to know why they changed before he goes along with them. Mr. Grindle said they did not agree to four. Mr. Adams said he thought it would be much better to defer this for another week. Mr. Grindle said the Planning Board has the Millyan land down on Massachusetts Avenue and he wants to subdivide it. Mr. James asked if this was the lot the Town would like to have for a road and Mr. Snow replied in the af- firmative. Mr. Snow pointed the area out on a plan and said that the road could go through two houses, and the question is the cost involved. He said he could not see why Mr. Millyan could not have a variance for the small amount of area and that he be permitted to build on lots, which he indicated on the plan, and occupy them as long as necessary by some agreement so that some reasonable price could be arrived at. He:.:.:,. said Mr. Millyan wants $28,000 for the house and land but if he has two lots upon which he can build, be did not think he would ask that much, and it is a matter of negotiation. Mr. Adams asked if this subject could be put on the agenda for next Monday. Mr. James said there are some engineering recom- mendations and he thought negotiations should be started to see what can be done toward arriving at an agreement. The Chairman suggested that the Planning Board see what can be worked out and report next Monday night. Messrs. Tucker, Grindle and Snow left the meeting at 7:50 P. M. Further consideration was given to appointments to be made and it was voted to make the following appointments: 1 Dental Clinic - - Jahn Blackhall Smith, Clare A. Burke, Elizabeth Haroian Gammell Legacy Inco.e - Mrs. Grace Merriam Civil Defense Direc or - Richard M. Purinton Bridge Charitable F nd - George P. Morey Veterans' Graves Officer- Maurice Healy The meeting ad ourned at 7:55 P. M. A true record, Attest: 311. Appointments a/ e`uti$ Cler , Sele en 312 SELECTMEN'S MEETING April 14, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, April 14, 1958 at 7:30 P. M. Chairman Maloney, Messrs. Tucker, James, Adams and Mrs. Morey were pres- ent. 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 one pole, guy wire and anchor on Hilltop Avenue, north- easterly side, approximately 680 feet southeast of Kendall Road. Mr. Mahon, representing the Boston Edison Company, Mr. and Mrs. Arthixr Lassek, Mr. Gaetano Coscia, Mrs. Anna Tracy and two other individuals were present at the hearing. Mr. Mahon explained, by use of a blueprint, that there is a new house under construction at the end of Pole Hilltop Avenue with a turn around. He indicated on the location print where the line comes to now and stated that the company is desirous of setting a pole extending this line. He said that Mr. Gayer looked at the location and prefers not to have the anchor. Mr. Mahon said that there is a gentleman present at the hearing who has a home, which he indicated on the plan, being fed from a pole on Stedman Road and he wants to know why. He said he pointed out to him that Stedman Road is heavily laden with large trees and the wires now that feed to this gentleman's home are secondary wires. If the company feeds the service here, it would be necessary to install primary wires which will have to be set and run on cross arms. He pointed out that there would be no way of geeting a truck in Stedman Road to carry transformers and the tree trimming would be terrific. He said that if there was a failure due to a storm, it would be very difficult for the maintenance mem to get in. He said the company's situation is to locate the pole at this property line. Mr. Gayer explained that the circle does not re- present the pavement, the pavement is much narrower and this would be off the pavement. The Chairman asked if anyone present was opposed to the proposed lo ation. Mr. Lassek said he was and thought arrangements that have been mad- are very unsightly. He said this holds true for the other people who live on the corner of Hilltop Avenue. He said there is a pole below his house and he thoug t arrangements could be made with- out too much difficulty to run a wire in from that pole by adding an• her pole which could connect to the new building. He said there are only about twenty trees. He also s.id that there is no accessible -road in. The Chairman said that Mr. Lassek heard Mr. Mahon explain the difficulty. He asked if he would like to have the pole on is property and Mr. Lassek replied that he did not t ink the pole needs to be on his pro- perty. He said t accessibility is not as difficult as has been menti •ned. Mr. Gayer ex.lained that if this new house is added, the second=ry wires will not take the load any more. The wires hich will have to go in are high voltage. Mr. Mahon ex as it is required Hilltop Avenue be pany would like t but due to the n would be no end t is nil. He said and if there was get in to maintai The Chairman across private pr the new wires wou The Chairman set somewhere whi party. Mr. Mahon sa Stedman Road is Mr. Lassek in there if they Mr. Adams as constructed down The Chairman Road or Hilltop A address would be A woman aske would have to be from which they tall. - She said it said that they wo The hearing lained that this will be necessary to run primary wires to this point on ause of the load. He said the com- do what this gentleman has in mind er of trees and the size, there the trimming and the accessibility hey could not get a truck in there rouble in the line, they could not it. asked if the wires would be running perty and Mr. Mahon replied that d run over the applicant's property. said that the poles would have to be h would have to be on private pro- d it would be on a public way if public way. aid he thought they could get a truck ried. ed if there wouldn't be more houses here. asked if the new house was on Stedman enue and Mr. Gayer replied that the iiltop Avenue. how far above the land the wires nd Mr. Mahon replied that the pole uld serve..would be thirty-five feet ooked about ten feet and Mr. Mahon ld not dare run a service ten feet. as declared closed at 7:55 P. M. and 313 314 the group retired. Mr. Gayer explained thatthis is an engineering problem, Mr. Adams said that if Stedman Road is legally laid out, there will be more houses and there will have to be poles there. Mr. James said that corning up Hilltop Road would be a secondary extension and if they go up Stedman Road, they will have to put in a transformer. Mr. Adams said that in effect it is a temporary arrangement pending development of Stedman Road. Mr. Stevens reported that he received the bond on the garbage contract and it is now ready for the Garbage Board's signature. contract Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign the contract between the Town of Lexington and Silva Bros. Inc., for a three year period commencing May 1, 1958, in the amount of 03,000.00 021,000.00) per year.) Letter was received from Bicknell & Smith re the Esther estate of Esther R. Barnes. The executors under the. Barnes' will have petitioned for the allowance of their first will and final account. Mr. Stevens reported that he has not checked this but this woman left some clothing to the town. Letter was received from Mr. Carroll, together with an agreement between the Town and the Automatic Voting Machine Corporation.. Voting The Chairman was authorized to advise the company Machines that the Board cannot accept the additional machines until after May 21st and that an article would be in- serted in the warrant for a Special Town Meeting, May 12th, requesting authorization to act on acquisition of the machines. Permit Letter was received from the Mystic Valley Gas Companyrequesting permission to locate a !}-inch steel low pressure gas main in Larehmont Lane from #8 to #18 for the purpose of supplying gas to the Larchmont En- gineering Company. The request was granted subject to the provision that the work is to be done in accordance with speci- fications and requirements of Mr. Gayer. The Chairman read a letter from Robert C. Merriam advising that he has entered into an agreement with Mr. Frederic K. Johnson to purchase his insurance business. On January 2nd next year, the F. K. Johnson Insurance 1 Agency, to be loco over his business. son-in-law, Riehar him. The Chairman with reference to he purchased from chase, he wanted t and the deed was d dwelling shall eve the land. It was Rochette has built also purchased fro Mr. Adams sal has a good enough restriction and he It was the u the request should previous Board of Letter was re Clerk, advising th resignation as a mittee. The Chairman Biggs, on behalf o Arts and Crafts So two members in cos around Town on Apr presented by the G The Board fel lisping an undesir denied. The Chairman Commander of the V behalf of Mr. Ralp to sell popcorn at Streets on April 1 The Post has and the request wa The same lett Board to attend a April 19th at 8:30 The Chairman behalf of the Lexi permission to cond vis ed at 11 Muzzey Street, will take Mr. Johnson's son Bruce, and his Insurance J. Rogers, are to be associated with ead a letter frau Anthony J. Rochette of 6 Marrett Road (Fair Oaks) which he Town in 1944. At the time of pur- annex it to property he alread owned awn up with the stipulation that no be erected or be maintained upon old to Mr. Rochette for $150. Mr. a new house on lots 4 and 5 which he the Town in 1943. that he did not thing Mr. Rochette ase for him to vote to remove the was opposed to it. imous opinion of the Board that be denied and the action of a electmen upheld. eived from Mr. Carroll, Town t he has received Mr. Rowse's mber of the Appropriation Com - ead a letter from Mrs. Margaret the Theatre Guild of the Lexington iety, requesting permission to have ume carrying sandwich boards walk Advertising 1 19th to advertise a comedy to be ild. that permission would be estab- ble precedent and the request was Tax title Resignation ead a letter from David F. Toomey, F.W. requesting permission, on K. Sandburg, a member of the Post, the corner of Hancock and Bedford th. ad this location in previous years granted. April 19th r included an invitation to the oint installation of officers on Invitation P. M. ead a letter from Paul Lloyd, on ton 4H Horse Club, requesting et a horse show on Sunday, May 4th 316 at 202 Cedar Street beginning at 12:00 noon and also Permit requesting permission to place cardboard directional signs at the intersection of Bedford andLHill Streets, Cedar Street and Massachusetts Avenue and Paul Revere Road and Massachusetts Avenue,l Permission was granted with the provision that there would be no parking on Cedar Street, the signs are to be erected in the morning and removed that evening. Further consideration was given to the appoint- ment of a committee to prepare plans for observance of Memorial Day and Veterans' Day, 1958. It was agreed to appoint Mr. Healy to represent the Town and Mr. Daniel P. O'Connor to represent the Committee Ameridan Legion. The Chairman was instructed to request the V.F.W., Sons of Union Veterans and the Lexington Minute Men to submit the names of two individuals so that the Board could appoint a representative from each organization to serve on the committee. Upon motion of Mr. Adams, seconded by Mr. Tucker, Asbury it was voted to sign a Notice of Intention to lay out + Street Asbury Street from Paul Revere Road a distance of 560' • northerly to Balfour Street. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to adopt an order of taking, submitted by Sidewalk Mr.w4gg els r slope easements along summer, Lowell easements and/JMMapI4 Mans, State highways where sidewalks are to be constructed. Copy of order under "Easements", Selectmen's files, 195. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to appoint George W. Forten and Eugene M. LaRosa as Dog Officers in the Town of Lexington for a Appointment term expiring May 1, 1959. At 9:25 P. M. the Planning Board and Mr. Snow met with the Selectmen to discuss further the proposed amendment to the Zoning By -Law relative to the shop- ping center. Mr. Snow presented a plan of the Minyan property and reported that the house is assessed for $7,000, the garage for $150 and the land for $2,250, approximately one and a half acres. Mr. Millyan wants $28,900 and will accept nothing less. He purchased the property about a year and a half ago and his total investment Millyan was $19,100. Property It was agreed to insert an article in the warrant for the Specihl Town Meeting to be held on May 12th to 1 purchase or take tue property by eminent domain. The meeting a. journed at 10:15 P. M. A true record Attest: ec ive erk �.5 1 eect�n. 317 318 Fuel Oil License Fuel Oil ;,Request for ,water SELECTMEN'S MEETING April 21, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 21, 1958 at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker and Mrs. Morey were pre- sent. Mr. Stevens, Town Counsel, Mr. Gayer, Superintend- ent of Public Works, and the Executive Clerk were also present. Mr. Adamsarrived at 8:00 P. M. Hearing was declared open upon application for a license, received from the A. G. Davis Ice Co. Inc., for permission to store fuel oil in underground tanks at 9 Grant Street. No one appeared in favor or in opposition. The application was approved by Deputy Chief Bel- castro, abutters notified bymail and a notice was pub- lished in the April 10, 195issue of the Lexington Min- ute -man. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant a license to A. G. Davis Ice Co., Inc., for the storage of 10,000 gallons of fuel oil in underground tanks on premises located at 9 Grant Street. Hearing was declared open upon application for a license received from the Esso Standard Oil Company, on behalf of the Sacred Heart Parish, for permission to store 6,000 gallons of #2 fuel oil in underground tanks at 890 Massachusetts Avenue. Mr. J. B. Carven, representing the petitioner, was the only person present at the hearing. The application was approved by Deputy Chief Bel- castro, abutters notified by mail and notice was pub- ished in the April 10, 1958 issue of the Lexington Minute -man. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant a license to the Sacred Heart Parish for the storage of 6,000 gallons of #6 fuel oil in an underground tank on premises located at 890 Massa- chusetts Avenue. The Chairman read a letter, signed by Alfred Antonelli and Alfred S. Busa, requesting water on Circle Road to service two houses now under construction. The approxi- mate cost of a six inch main is $4,000 and the applicants are willing to pay betterments. The Chairman asked how building permits were ob- tained, and Mr. Gayer replied that it is stated on the 1 permit that there Mrs. Morey po requested water an The Chairman Mr. Gayer replied Mr. James exp quest would be the there is no approp The Chairman perty owners would portion of the expe Mr. Gayer rep he did not want to made at his own ex The Chairman other land. It was agreed time Mr. Gayer will lots that will be Petition was and the New Engla approval of j/o po The locations was voted to grant the following j/o Woodlan eas 100 319. s no water available. nted out that other individuals have are not being supplied right away. eked if it would be a dead end and n the affirmative. aired the danger of granting the re - fact that it will cost $4,000 and cation. aid he was wondering if other pro- be interested and willing to pay a nse. rted that he told the applicant if wait, he could have the installation nse under Town supervision. aid that is unfortunate if it passes to defer action for one week at which advise the Board who owns the other nvolved. eceived from the Boston Edison Company Telephone and Telegraph Company for e locations on Woodland Road. having been approved by Mr. Gayer, it the petition and sign the order for ole locations: Pole Road, northeasterly side south- locations erly from a point approximately feet Southeast of Adams Street, - Fourteen poles. The Chairmen read a letter frau Richard Woodies, President of the M nute Man Highlands Association, in which he submitted the following proposal, to control traffic on Concord Avenue, for the Board's considera- tion: 1) Make Cone rd Avenue one way traffic from East to West between 6:30 A. M. and 9:00 A.M. 2) Make Conc• d Avenue one way traffic from West to E:st between 4:30 P. M. and 6:30 P.M. Traffic The Chairman as authorized to advise Mr. Woodies that an appropriat on was made to speed zone Town streets, one of Which is Concord Avenue, and as soon as the signs, now on order, have been received, the police cruiser with radar equipment can check the area and en- force the posted s., ed. Invitation wa- received from Boy Scouts of America 320 Boston Council, Inc., to attend the 13th Annual Minute Man Pilgrimage of Boston Boy Seouts to Lexington on 'Invitation Saturday, April 26th. The Chairman read a letter from the Lexington Little League, Inc., requesting permission to conduct a parade of approximately 200 boys, 30 men and a sound truck, from Parade the Munroe School to the Athletic Field near the High School on Saturday, April 26th at 1:00 P. M. The'parade is to open the Lexington Little League season and will be routed down Clarke Street to the Little League Field to avoid possible interference with the Boy Scout Pilgrim- age. The Board had no objection. Letter was received from the United Cerebral Palsy, together with proclamation to be printed in the local Proclamation paper in connection with the campaign whieh starts May 1st. The Board had no objection if Mr. Adams wished to print it. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the following licenses: Sidewalks The Salvation Army Hancock Market K. J. Lowry Woodhaven Country Store, Inc. Village Variety Store Junk Collector's license Rentl. Sunday Sales' License n n n n n n n n n n n n Mr. Stevens retired at 8:30 P. M. Mr. Rocco Frasca and Mir. Edward Howard met with the Board. Mr. Frasca was assessed 013.50 for a sidewalk con- structed along his property on Waltham Street and asked why it was constructed and why he was not notified. The Chairman explained that it was built for. the convenience of children going to school. Mr. Frasca said that if the sidewalk had not been put in, the Town would have had to supply bus transporta- tion and the Chairman said he thought that would be under the jurisdiction of the School Department. Mr. Frasca said that he was paying taxes for the School Department to provide buses and he thought this was an extra tax burden. The Chairmen said that he thought the Board could appreciate his feeling but that sidewalks do better the property. He explained that the charge could be deferred so the betterment would not have to be paid until such time as the property is developed or sold. He asked if n 1 1 1 Mr. Frasca had any Mr. Frasca re build a house ther Mr. Frasca as of the bill and Mr said it is about o Mr. Frasca sa a betterment act c plained that the referred concerns or sidewalks; all property. The Chairman this deferred, the period or until th the end of that t to have it deferre property is built to be paid in full period of years as Mr. Frasca as if the charge was it would be deferr Mr. Frasca sa reduced. The Chairman strutted by the To maintain it. He s it and let the Boa Mr. Frasca re Mr. Howard sa work he has had in received last year *77,212.00. He said that year's work on the their usual markup lost about $19,000 plained that the m ao low. They get actual constructio is 10% and water w went by all the bi and averaged about readily see 20% mo lot of money some like to change the talked to Mr. Gaye this directly wit He said first plans for the lot. lied that maybe some day he would ed if the amount was the full price Gayer replied in the negative and half. d he thought the Town did not have ncerning sidewalks and Mr. James ex- tterment Act to which the Chairman ons truction of water, sewer, highways ose things which better a piece of xplained if Mr. Frasca asked to have Board could defer it for a three-year property is sold or built upon. At ee-year period, he can again request He explained that whenever the pon or Bold, the betterment will have and it will not be payable over a it is now. ed if ha would have to pay interest eferred, and Mr. James replied that d without interest. d he was hoping to have the amount xplained that once a sidewalk is con- , it is the Town's obligation to gested that Mr. Frasca think about d know how he wishes to handle it. ired at 8:50 P. M. d he was very appreciative of the the past and said the total amount was $55,805..00 and in 1956, it was s near as they can figure, from last ✓ usual basis of keeping books and and profit, overhead, etc., they in Lexington last year. He ex - in reason was that the bids came in aid on a percentage basis of the cost. Street, sewer and drainage k is 7%. He said as last year s came in, except one, very low 20%. He said the Board could e on $55,800 would amount to a 13,000 he thought, and they would ✓ basis of contract. He said he who suggested that he discuss the Board. he assumed the Baird was willing 321 Whitman & Howard Engin- eering 322 to pay a proper price for a proper engineering job and they don't cut their work and they don't cut the inspection. Last year, he talked with Mr. Gayer and he in turn talked to the Board about making projects on a lump sum basis and a number of contracts were changed on that basis and he did not care how the situation is changed, but it should be changed. He reported that his firm does more municipal work in Massachusetts than any other engineers put together. He said they know what the work costs and what it is and he is sure there was no complaint about it. He said they turn out a good set of drawings and good specifications. He explained that how his company came to Lexington in the beginning was the fact that about five or six years ago the Town was not getting anybidders, had to call for bidders and every year ended up in law suits. He said he has ten to twenty bidders, generally speaking, unless it is a peculiar job. He explained that last year, besides the bids going low, there were two contractors who never had a job of that size before and it required that much more inspection. This builds up the engineering cost. Mr. Howard said he has made a suggestion and he is not particular how the situation is taken care of. One way would be to take the street construction work as outlined in a letter from Mr. Gayer, March, 1958, which is the first contract, $227,000. The.fee for street construction work in the past has been 10% which would be $22,700. If the bid ran 5 under the estimate, the fee Would be reduced to 95 or $21,565. If bids ran more than 5 Over the estimate, the fee would be limited to 105 or $23,835. If bids were 20% below estimates, and which they did last year, the fee would be reduced by $4,54o just for that one project of $227,000. Mr. Howard said that there is about $650,000 worth of work this year so it is more than three times $45000 if the bids run 20% below. During the bidding period, they would make an estimate of what they feel the job would come in for and have Mr. Gayer approve it. They would get bids on that basis with a 5% leeway. If the bids come in low, they decrease it and if the bids come in high, they increase it. The Chairman asked if the fee would still be 10% and Mr. Howard replied in the affirmative. The Chairman said that over 5% they just protect themselves. The bid price is just the same and the percentage is just the same. He asked if that was the regular fee for any of this work. Mr. Howard replied in the affirmative and said it is street, sewer and drains. The water is separate. loua 1 323: The Chairman a =ked if, on water, they would charge an additional fee i the same street. Mr. Howard explained that a new street with street and water it is all put in at the 10% rate. A water pro- ject, nothing but w: ter, is 7%. The Chairman a . ed if there was any change in that fee and Mr. Howard eplied that there is no change. The Chairman s.1d he could not see making up a $19,000 loss with t .t protection. Mrs. Morey sai• that there is $227,000 street work this year and Mr. G-yer has written him about it. On the 10% it is not b.sed on the $227,000 but on an estimate Mr. Howard arrived :t after he has done the engineering. Mr. Howard saithe reason is that something comes up year after year nd it leaves everything flexible up to the time they ge the specifications out. Mr. Gayer can add a job or to e one awa . Mrs. Morey asked if the $227,000 was binding and Mr. Gayer replied t at is only his budget estimate. Mr. Howard saihe would -make up an estimate during the`two week biddi period. Mr. Howard salit is also proposed that the con- tractor lay out his own work but his firm will make the field surveys as it has in the past. This'work amounts to about i% and woui d increase the cost of the above project $2275. He xplained that the American Society of Engineers recomm=nds that the contractors lay out their own work. He would establish the grades, street lines and all the s rvey, but the contractors would lay out their own work - d then would be responsible for their own work. The Chairman asked if other communities did this and Mr. Howard repl.ed that the majority do and as far as he knows, his is the only firm. Mr. Howard sai• that the ihext item is peculiar to this year only. He proposes to make a blanket reduction of $2500 which is a credit for the amount of work that the Town engineeri department is doing. He said he would reduce his fe working it out with Mr. Stevens. He stated that he =s made a figure of $2500 as the value of the work the to is going to do which his firm would normally do. This s for preliminary drawings and a suggested layout f. the water lines on most of the water projects but 'ot all of them. This, his company would normally do. Mr. Howard saithat the American Society of Civil Engineers have thei charges set forth in the book if the Board wanted to look at them. Mr. Howard sai• what he thought was a fair estimate is $650,000 worth of construction work and the charge 5% for design and gene al supervision. He explained that 324 would be $32,500. He said 65 days of surveying at $60 each day, plus 100% would be $7,800; 32 days layouts at $60 would be 3,840; 200 man -weeks inspection at $100 a week, plus 100%, would be $40,000; three pro- jects $1200 for the three at 1;00 each, plus 50%, would be $1,800 making a total of.*85,940. Mr. Howard said that is for 3% and would equal about 14% for all road, sewer and drain and 9% for the water. He said if the Board wanted to make it 12% and T% for any reason that would be agreeable with him and continue on the same basis as he always has. He said he was not fussy about it but must have some relief otherwise he cannot afford to stay in business in Led- ington. The Chairman asked if other communities paid him these rates, and Mr. Howard replied in the affirmative, and said he was paid more. He explained that this is something that has grown. First the plans were in pencil on paper. Now they are in linen and ink which is just one example. He said that last year he had a coordinator on the job and there is no question but that it anoweltses the sum of money. The Chairman asked if that was included in the figure and Mr. Howard replied that the Town would pay nothing else other than what is in this figure. He said the Society says to charge for specifications and work plans. However, he gives the Town the specifications. They are stenciled and given to the Town. Be said that girl power has gone up and this is something that has grown and he would not be here this evening if prices were coming in normal. Mr. Howard retired at 9:20 P. M. Mr. Stevens returned to the meeting and Dhief Rycroft came in for opening of bids on three police cars. Bids were opened and read by the Chairman as fol - Bids for Police Cars lows: Rowe -Jackson Chevrolet, Inc. 1958 Chevrolet Model 114.1, 2 door sedan 6 -cylinder 42203.05 Less allowance on 1956 Plymouth Motor #F28-158230 1209. 8 9 1 1958 Chevrolet odel 114.1, 2 door sedan 6 cylinder Less allowance Serial A57T2331 n 1957 Chevrolet 7 1958 Chevrolet odel 1141, 2 door sedan 6 cylinder Less allowance •n 1957 Chevrolet Serial A57T2329r1 Mawhinney Motor Sale 1958 Plymouth aza, 2 door 6 cylinder Less allowance 957 Chevrolet Motor #A57T233107 1958 Plymouth laza, 2 door 6 cylinder Less allowance 1956 Plymouth Motor #P281582 0 1958 Plymouth laza, 2 door 6 cylinder Less allowance 1957 Chevrolet Motor #A57T232.31 Dunn Ford Sales, In 1958 Ford, conforming to specifi- cations Taking in trad 1957 Chevrolet Motor #A57T232'31 1958 Ford Taking in trad 1957 Chevrolet Motor #57T2331 7 $2203.05 1213.58 $ 969.47 $2203.05 120 .0 99 .00 $2555.59 1 .00 1021. 9 *2555.59 _1131..12 $1023.59 $2555.59 _la5_2221 43205 . 9 Net $ 898.50 Net 898.5o 325 . 326 Ruggiero Sewer Bet- terment Assessment Orders of Taking 1958 Ford Taking in trade 1956 Plymouth Motor P28158230 ,Net $1071.50 Dunn Ford Sales, Inc. recmmmended that the follow- ing equipment be installed as factory options for a net additional price of $28.20: Heavy Duty Taxi Type Clutch Heavy Duty Springs & Shock Absorbers Heavy Duty Brakes Heavy Duty Front Floor Mat Heavy Duty 70 AMP Battery Upon motion of Mr. Tacker, seconded 1y Mrs. Marey, it was voted to accept the bids submitted by Dunn Ford Sales, Inc. for two 1958 Fords at $898.50 each, turning in a 1957 Chevrolet Motor #A57T232931 and a 1957 Chevrolet Motor #A57T233107; and to accept the bid submitted by Rowe -Jackson Chevrolet, Inc., for one 1958 Chevrolet at $993.47, turning in a 1956 Plymouth Motor #P28158230. Chief Rycroft retired at 9:45 P. M. The Chairman reported that Mr. Ruggiero, 10 Battle - green Road, had made another appointment to meet with the Board on May 5th to discuss further his dewer better- ment assessment. The Board felt that there was no reason for further discussion as the subject has been covered completely and Mr. Tucker suggested that a letter from Town Counsel might be more effective than one from the Board. It was agreed that Mr. Gayer show ll1 furnish Mr. Stevens with the necessary information and he will then write Mr. Ruggiero advising that the matter has been re- ferred to him. Mr. Stevens retired at 10:00 P. M. Upon motion duly made and seconded, it was voted to sign Orders of Taking on the following streets accepted at the Annual Town Meeting in March: Ellison Road Fairlawn Lane Greenwood Street Whipple Road Leroy Road Wheeler Road Roosevelt Road Locke Lane Theresa Avenue Fiske Road Winter Street .Russell Road Constitution Road Flintlock Road Sherburne Road Red Coat Lane Winthrop Road Mason Street (Orders in Selectmen's Files, 1958, Peacock Farm Road Trotting Horse Drive Demar Road Turning Mill Road Dane Road Foster Road Stonewall Road Westwood Road Stimson Avenue under "Highways".) 1 Mr. Gayer report blower as follows: Abbott Spray and Farm Hartney Spray Corp. Mr. Gayer report one in which he is in ing the unit bid on b Upon motion of it was voted to accep Spray and Farm Equi Mr. Gayer retire Further consider of a regular member t Chairman reported tha ed in continuing to s Upon motion of M it was unanimously vo to the Board of Appea March 31, 1963. The ChairTan re Trustees of Cary Memo Trustees had nominate Greeley for associate Districts Commission. Upon motion of it was voted toappoi the Board of Trustees Rear Admiral Kendall ton Historical Societ Historic Districts C ary 1, 1963. Mr. Tucker broug Great Meadows and the Forest Warden. Mr. Tucker said ed in the Selectmen's Board to the Town Cel successful observance pression of appreciat the Town has had in r The Chairman re on behalf of the Batt requesting permissio during the Boston Bo d that he received bids on a mist Equipment Company 327 $6,450.o0 Mis& 3,000.00 Blower d that the Hartney unit was not erested and recommended purehas- Abbott Spray. . Tucker, seconded by Mr. Adams, the bid submitted by Abbott nt Co. in the amount of $6,450.00. at 10:10 P. M. tion was given to the appointment the Board of Appeals and the Board of Mr. Redman is very much interest- Appeals rve on the Board. . Adams, seconded by Mrs. Morey, ted to reappoint Lester T. Redman s for a five-year term expiring d a letter from the Board of ial Library advising that the Charles H. Cole and William Roger membership on the Lexington Historic Historic . Tucker, seconded by Mr. Adams, Districts t Charles H. Cole, nominated by Commission of Cary Memorial Library and . Reed, nominated by the Lexing- as associate members of the ission for terms expiring Janu- t up the subject of burning the Chairman agreed to contact the Great Meadows e would like to have incorporat- Records a commendation by the brations Committee for a very Patriot's Dag of Patriot's Day and an ex- Parade ion for one ofthe finest parades cent years. d a letter from Alden W. Tefts, e Green Chapter Order of DeMolay, to sell ice cream on Parker Field Scouts' Annual Pilgrimage. Permit 328 Planning Boar d It was agreed to ask the Boy Scouts if there was any reason why permission should not be granted and if the organization has no objection, the DeMolay may sell ice cream at the playground only. The Planning Board met with the Selectmen at 10:20 P. M. Mr. Grindle said he did not know whether or not the Selectmen wished to discuss the Bedford Road. He said that the Planning Board has been working on a proposed Zoning By -Law for the Special Town Meeting. He said he understood from Mr. Stevens that the Chair- man will attempt to see the Commissioner. Planning The Chairman said that was correct, but it did not Board alter the fact that the Planning Board should have something to protect itself. Mr. Grindle said the Board is trying to have some- thing which willhhave to go in the paper tomorrow night. Mr. Jaquith explained that it is the framework of what the Planning Board had in 1956 - area of four acres, frontage of 300 feet with a provision that the Board of Appeals may grant a permit for small areas under certain circumstances, 50 foot front yard, 40 foot side yard, 50 foot rear yard and a 60 foot buffer strip, also with a Board of Appeals clause. He said there would be the usual 75% open area requirement, no parking area within 10 feet of the exterior line of any street or within 10 feet of the boundary line where it abuts an- other district. They would omit anything regarding loading, but have a provision that parking areas shall be provided with driveways not more than 25 feet in width and entrance to a street shall be subject to ap- proval by the Planning Board. The Chairman said that two people might build:' on adjoining lots and asked if they would be permitted to park up to their lot line. Mr. Jaquith replied that there is a 10 foot buffer where a lot may abut a residential area. He explained that in a long range proposition some of the members felt it desirable to have ten feet between each lot. However, they thought it best not to complicate it at this time. When it is known what is there, an amend- ment can be made. The Planning Board retired at 10:25 P. M. An informal discussion was held relative to some pending items and it was agreed to make an appointment to the Board of Fire Commissioners next Monday night. It was also agreed to ask the Director of Civil Defense for a report and to obtain information from the 1 Planning Board on Worthen Road and Emerson Road, the north by-pass. The meeting adjourned at 10:55 P. M. A true copy, Attest: ec(tiv ,\en Clerk Solec 329 Gasoline hearing SELECTMEN'S MEETING April 28, 1958 A regular meeting of the .Board ofSele held in the Selectmen's Room, Town Office on Monday, April 28, 1958, at 7:30 P. M. Maloney, Mr. Adams and Mrs. Morey were pre Gayer, Superintendent of Public Works, Mr. Town Counsel, and the Executive Clerk were sent. Mr. Tucker arrived at 8:05 P. M. ctmen was Building, Chairman sent. Mr. Stevens, also pre - Hearing was declared open upon application of the Lexington Coal Company for permission to store 2,000 gallons of gasoline in underground tank at 242 Bedford Street. Mr. Harold Wellington, representing the peti- tioner, and four other persons were present at the hearing. The Chairman explained that be had an interest in the hearing and if there was any objection, hear- ing could be held *Alen Mr. Tucker, who was going to be a little late, arrived. Noone present wished to wait for Mr. Tucker to arrive. The abutters were notified, a notice of the hearing was inserted in the April 17, 1958 issue of the Lexington Minute Man and the application ap- proved by Deputy Chief Belcastro. Mr. Wellington explained that the Lexington Coal Company has petitioned for an increase in storage from 500 gallons to 2,000 gallons. He said that the company has found, over the period since the original 500 gallon tank was installed some forty years ago, that it is inadequate and it is also a traffic hazard in the present location of the pump. He said it is the company's intention to move the tank and the pumps some thirty feet south of the present garage and of- fice and it will be a distance of some fifteen feet west of the sidewalk. He pointed out that for the past few years, particularly in the winter, it has' not only been a traffic hazard but a pedestrian hazard, particularly with the school children going back and forth. He said with the necessity of having an in- crease in thestorage, it is better to relocate the pump. The Chairman asked if anyone present wished to register in opposition, and one individual, who did not give his name, asked where west is. 1 331 Mr. Wellington explained that it is at the end of the present siding. An individual asked if it would be off the sidewalk and Mr. Wellington replied that it will be at least fifteen feet off the sidewalk. A woman asked if it would be used for the Lex- ington Coal trucks only axed the Chairman replied that it will be just the same as it is. The woman asked if it would increase fire insur- ance and the Chairman replied that it shouldn't. He said he thought the hazard is greater as it now. One of the men said that the gallonage would be more and the Chairman said that is true but all sta- tions are now equipped with larger tanks because it is more difficult to get deliveries in small quantities He explained that the Fire Department has approved the application and it is not unusual. One of the men said he is right across the street and it will be moved away from him. As far as he was concerned, it appeared all right to him, and he said no one else is present to oppose it. Mr. William McCallum and Mr. Robert G. Allen both stated the proposed location was all right. The hearing was declared closed at 7:140 P. M. and the group retired. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted toapprove the application and grant a license to the Lexington Coal Company to maintain 2,000 gallons of gasoline in underground tank at 2142 Bedford Street. The Chairman read a letter from Francis E. Burke, attorney, advising that Mrs. Marion Coughlin, owner of the premises at 11 Wingate Road, has consulted him with reference to damage to her lawn and driveway caused by town plows during the recent winter season. Snow removal Letter was received from Mr. Gayer, reporting damage that a work order 3251 was issued on Tuesday, April 22nd to repair the damage. He explained in the letter that a large amount of snowplow damage was done due to storms when there was no frost in theground, and this particular location will be taken care of as soon as possible. Mr. Stevens left the meeting at 8:00 P. M. The Chairman read a letter from Peter H. Grimes, 20 Freemont Street, advising that the residents of the street are considering the possibility of having the street black topped and they would like the Town to o2 complete the water main project as soon as possible. He explained that he understood if thestreet was con- structed according to town specifications no better- ments would be charged when it is accepted and he wished to have something on the subject in writing. Report was received from Mr. Gayer advising that Freemont the water main will be extended from its present loca- Street tion on Freemont Street to Asbury Street, then on As- bury Street to Balfour Street during 195. He also outlined items he would insist upon if the residents want to have the street built, at their own expense, so that it might be considered for acceptance without betterments. The Chairman read a letter, signed by Charles F. Werzelberger, 255 Waltham Street, and James A. Bottney, 261 Waltham Street, stating that since the construction Drainage of Worthen Road, a natural drainage appears to have been destroyed and water has been laying in and around the drainage ditch, oreating a health and a mosquito menace. Mr. Gayer reported that the drain for the new sec- tion of Worthen Road and for Mr. Corrigan's subdivision will be laid this year directly through the area re- ferred to and it is anticipated that this will provide an improvement in the general drainage situation. Further consideration was given to a request from Mr. Alfred Antonelli and Alfred S. Busa for the instal- lation of a water main in Circle Road to serve two houses now under construction. Mr. Gayer presented a tracing showing the property Water owners on Circle Road according to the Assessors' re- cords as of April 24, 1958. The majority of thelots are owned by the Town. Mr. Adams said that the request has been received due to the fact that houses are being constructed and in his opinion, there is no hardship due to the fact that these individuals knew that water was not avail- able. Mrs. Morey said that a building permit was taken out and they knew then that there was no water. Mr. Adams said that this was for new houses and he could see no reason why the request should receive special attention ahead of similar requests previously filed. The Board agreed that this is an item to be in- cluded in next year's bidget for consideration as a 1959 project. 1 333 Further consideration was given to letter received a few weeks ago from Arthur C. Mitchell in regard to water and sewer for a new church the Grace Chapel pro- poses to erect on Worthen Road. Mr. Gayer reported that the land is too low to be serviced by gravity sewers into either the Massachusetts Avenue sewer or the Bedford Street sewer and there is no water available. The Chairman was authorized to suggest that Mr. Water & Mitchell contact the Superintendent of Public Works Sewer when the time comes to start construction, as possibly he may be able to offer some suggestions that might be helpful. At 8:15 P. M., hearing was declared open on the proposed layout of Asbury Street from Paul Revere Road a distance of 560 feet, more or less, northerly to Balfour Street, as shown on a plan entitled "Plan of Asbury St. Lexington Mass. Scale 1" = 40, April 7, 1958 Richard J. Gayer, Town Engineer". The Chairman asked how many present were in favor of acceptance of Asbury Street as laid out and the fol- lowing individuals wished to be recorded in favor: Mrs. Theda Bentley, Mary Johnson, Sue St. George, Charles King, Irma King, Mrs. Chris Theodore, William Neville, Asbury St. 7 Asbury Street, Robert C. Cady, Jr., 414 Balfour Street, hearing Clarence Bentley, 39 Asbury Street, John MacKechnie, 23 Greenwood Street, Philip Knox, 18 Greenwood Stt°eet, Robert Cady, Sr., 10 Greenwood Street, Philip Spencer, 41 Asbury Street, Kenneth St. George, 42 Asbury Street. The Chairman asked how many were opposed and Mr. Paul Mitchell, 25 Asbury Street, said he was not in favor. Mrs. Bentley asked if the street could be con- structed to Emerald Street and the Chairman explained that the street would have to be laid out as described in the notice. Mr. Golini asked what provision would be made for a storm drain at the corner of Balfour and Asbury Streets and Mr. Gayer said that would have to be decided. He ex- plained that when a public hearing is held all he has is the layout to find out how the people feel. He said if Mr. Golini would get in touch with him as the engineer- ing progresses, he would be glad to advise him. Mr. Mitchell said that originally the plan was to lay it out from Paul Revere Road to Freemont Street and that was shortly after he moved in. At the public hear- ing he could not see his way to vote in opposition. That project was dropped and the road now only goes as far as Balfour Street and he lives on the corner. He 334 Cert. of Inc. said he objects because he thinks it could be laid out as far as Emerald Street and at least as far as Green- wood Street. He said if he objects now, he is the only one receiving a disservice if he is doing a disservice. Mr. Spencer said that coming through, it is not only to benefit the people on the street, but also the Town, because it is almost impossible to plow the street in the winter because of ledge. He said when they cut through there it would not be feasible to stop at Green- wood Street anyway. He said all the fill washes down from the upper part of Asbury Street and is deposited on the land at the lower end. He stated that the elec- tric light poles are in the middle of the street. He said if this portion goes through this year, there will be a better chance of extending it next year and he was in favor. Mr. Cady asked if the Town would put some fill in on the other side and Mr. Gayer explained that as an unaccepted street it is owned by the people and the Townis prohibited by law from putting in any fill. He explained that the street is plowed because of a special enabling Act passed by the Legislature which permits the Town to plow an unaccepted street. Mrs. Ruth Spencer, 41 Asbury Street, said she was in favor. Mr. Cady said if he put his boundaries out where they belong on Asbury Street, he would shut the street off, and Mr. Gayer said he hoped to correct that situa- tion. The hearing was declared closed at 8:30 P. M. and the group retired. Following the public hearing, the Board considered the matter and it was ordered that. the Board of Select- men was of the opinion that publie necessity and con- venience require that Asbury Street be laid out and es- tablished as a public town way,:`and that the same is laid out and established as a public town way from Paul Revere Road a distance of 560' more or less northerly to Balfour Street. It was voted to sign statements on behalf of the following individuals who have filed applications with the Secretary of the State for Certificates of Incorpora- tion, satisfactory character referenees having been re- ceived frau the Chief of Police: Andrew Ogren, 883 Massachusetts Avenue, Tool & Dye Manufacturers of Eastern Mass., Inca Francis J. Cooke, 2 Stratham Road, Charles Forrester, 11 Parker Street, Dean Nicholson, 32 Hill Street, Opera Group Inc. Costas Verros, 22 Tufts Street, Educational Society Methymnes-Kallones, Inc. 1 335. Upon motion of Mr. Adams and seconded by Mrs. Morey, it was voted to appoint the following school custodians Special Police Officers for terms expiring March 31, 1959, a request for same having been received from Superintend- Special ent Smith and satisfactory character references re- Police eeived from the Chief of Police. Nicholas J. Delfino Ralph P. Braun William M. Mahoney Herman A. Mahon John Blodgett Clyde L. Hayne Duncan F. Swan Oscar Heimlich Edward P. Stevens It was voted to reappoint the following individuals as members of the Town Celebrations Committee for three- year terms, expiring April 30, 1961: Raymond E. Lewis 11 Hancock Street, Joseph 0. Rooney, 51 Grant Street and Mrs. Georgia Williams, 1123 Massachusetts Avneue. Mr. Stevens returned from the Planning Board Meet- ing and reported that the members of that Board feel Millyan that the acquisition of the Millyan property is essen- Property tial. He was authorizedto proceed on the basis of $28,900. Mrs. Morey suggested that the Board ask the Stand- ing School Building Committee and the Appropriation Com- mittee if they wish to meet with the Selectmen to dis- cuss the articles and appropriations for the Special Town Meeting on May 12th. Mr. Stevens retired at 9:45 P. M. The Chairman read a letter from the Planning Board in reference to a petition to change to Volunteer Lane that portion of Winter Street extending from Gyve St1eet to Rangeway. The Planning Board suggested that temporary directional signs be erected at the Winter Street - Sky Street View Road and Winter Street - Rangeway intersections. Signs Submitted with the letter were sketches of street dia- grams. The Board had no objection to the suggestion and agreed to go along with the recommendation. Consideration was given to eight bids, opened to- day, for three 2 -ton dump trucks. Mr. Gayer reported that he had no preference be- tween the Ford and Dodge. Mr. Tucker said that if Mr. Gayer thought the Dodge Appointments 336 was a better truck, he would be inclined to purchase Dodge trucks. The Chairman explained that the Board could not justify the purchase of Dodge trucks unless a B. K. hydro -vac booster brake is installed on the Ford. Mrs. Morey said she felt the Board could accept the Ford bid where the specifications were a guide and not a limit. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to accept the low bid, submitted by Dunn Ford Sales, Inc., for three 2 -ton dump trucks at a net price of $11,430.72 and $11,766.72. Mr. Gayer reported on provements to the swimming a total of $7,723.00. Bids were awarded as the bids received for im- pool and the Board approved follows: Diatomaceous Earth Vacuum to Proportioneers,Inc. $5,1}04.00 Recirculation Pump to Fairbanks -Morse 867.00 Vacuum Cleaner Pump to Fairbanks -Morse 148.00 Special Sump Pump to L. C. Price. Company 663.00 Telescopic Valves to Dravo Corp. 641.00 The meeting adjourned at 10:25 P. M. A true record, Attest: xE ecativ Clerl, Seltnen. 1 3.37 SELECTMEN'S M1 FTI NG May 5, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 5, 1958, at 7:30 P. M. Messrs. James Tucker and Mrs. Morey were present. Mr. Stevens, Town 'ounsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Adams arrived at 7:55 P. M. It was moved and seconded that Mr. James act as Chairman during Mr. Maloney's absence. The Chairman read a letter written by Mr. Stevens to Mr. Charles G. Ruggiero, 10 Battle Green Road, ex- plaining the method that was followed in assessing his Sewer property the sum of $1,005.31 as a betterment in con- betterment nection with the construction of a sanitary sewer in Battle Green Road. The Chairman read a letter from the Department of Public Works advising that a hearing is to be held at 100 Nashua Street, on Thursday, May 8, 1958 at 2:00 P. M. in the matter of laying out as a State Highway, for construction purposes only, a section of road in the Town of Lexington and another section of road in the towns of Lexington and Bedford - Access Road to Airport. Petition, three copies of Order, together with plan for a j/o pole location on Hilltop Avenue was received. The Chairman explained that this petition was submitted in place of the one received two weeks ago and the guy wire has•been excluded. Pole It was unanimously voted to grant the petition location and sign the order for the following j/o pole loca- tion: Hilltop Avenue, northeasterly side, approximately 680 feet. southeast of Kendall Road, - one pole. Mr. Stevens called the Board's attention to changes made in the proposed Sign By -Law. The subject of adopting rules and regulations relative to awnings was brought up and it was suggested 338 Rules and that the Town Uounsel, following the Special Town Meet - Regulations ing, prepare such rules and regulations for the Board's re awnings consideration. It was further suggested that Town Counsel draft a letter quoting the law and advising that per- mits for awnings will have to be obtained-. Mr. Gayer reported that hearings were held April 30th relative to proposed removal of trees on Concord Avenue and he submitted copies of protests that have been filed with him. He explained that Town Counsel has advised Tree him that the Tree Warden will have to obtain approval removal from the Board of Selectmen to remove the trees or issue permits to have them removed. The Statute provides that if there is written ob- jection at or before a public hearing, the trees cannot be removed without the approval of the Board of Select- men. Upon motion duly made and seconded, it was voted to authorize the removal of certain trees on Concord Avenue by the Tree Warden and further granted him per- mission to have the trees removed by a contractor. Sewer The Chairman read a letter frau William Sullivan, 18 Bates Road, President of the Patriots Forest Civic Association, referring to enclosed petition requesting a sewer system in the area. The Chairman said that this would be figured and included in the budget for next year. Estimates of cost will be prepared by Mr. Gayer and sent out for signatures to be returned not later than October 15, 1958. The Chairman read a letter from W. F. Davis, 18 Boulder Road, stating that he has been informed by the Town Engineer's Office that the Town does not plan to proceed with the installation of a sewer line which he understood was to be provided for connection of his waste disposal to the town -sewerage system. He asked that further consideration be given to the installation. The Chairman explained that Mr. Davis and Mrs. Fernald live in the two houses not served by the sewer and the people would not give the easement. He said that Mr. Davis had not known what happened because he signed the petition for a sewer. He called and found out the sewer was not going to be put in to take care of his house so he then called the Chairman who ad- vised that he write the Board to be on record. Letter was received from Mrs. Albert E. Gilman, Jr., 23 Wilson Road, stating that the traffic con- dition on Wilson Road is getting worse and the people want a partial gate at the end of the road, one that 339 will allow foot traffic, but would be locked day and night except to allow school buses through during school hours. Wilson Road The Chairman recalled that a couple of years ago traffic there was some discussion about the traffic there and through the school yard. At that time, they used it as a basis for requesting abatement of the betterment charges on Wilson Road which they were then paying. That request was denied and now they are back again. Mrs. Morey mentioned installation of a sidewalk on both sides. The Chairman said that the Board had discussed the possibility of getting the co-operation of the School Department in having a chain put across. Mr. Adams said that this is traffic control. The Chairman said that it seemed to him that the School Department has some responsibility. Mrs. Morey said that perhaps the Traffic Study Committee could arrange to have some League Women make a count to see where the traffic is going and coming from. She suggested that the Committee be requested to handle it immediately and report back in two weeks. It was also agreed to advise the School Committee what is being done. Mr. Gayer reported that there is $936.38 interest inthe Taylor Tree Fund to be expended by the Lexingtsn.. Tree Department for care, purchase or preservation of trees. He said he would like to use that for the pur- Trees chase and planting of additional trees this Spring. The Board had no objection. Mrs. Morey suggested that the Board write a let- ter to the Chief of Police and ask him to check on the Buckman Tavern grounds being used as a playground. The Chairman reported that he talked to Mr. Maloney at some length two weeks ago tonight about Whitman & Howard. At that time, Mr. Maloney asked him to look into the situation and see what he could determine as far as recommendations are concerned. Engineering The Chairman suggested two things in general the Board should look into. One, some other consulting engineering company, preferably a smaller one, and secondly, look into the advisability of employing enough people in our own department to do the work. He said that whatever the Board does, if it does either, could not be done for several months. It would be his feeling, at the moment, to continue with Whitman and Howard on the basis we have suggested for this year. 340 Then six months from now the Board could come up with an answer. The Chairman suggested following the plan recom- mended involving consultation with Mr. Gayer to ar- rive at a figure. Mr. Gayer said that arrangement puts him on the spot. The idea of checking Whitman & Howard estimates might put him in an undesirable pbsition. The Chairman said that he agreed and said that Mr. Gayer could not check the figures to a point where he would be satisfied with them. The Chairman suggested, and the Board agreed, to continue with Whitman & Howard, fcr this year, on the basis of 12% for all road, sewer and drain work and on the basis of $% for all water work, a credit to be given for work done by our own Engineering Department. Mr. Gayer retired at 8:50 P. M. The Chairman read a letter from Mr. Gayer, in which he referred to a letter from the Planning Board regarding petition to change the name of a portion of Winter Street. ,Winter Street The Board felt that the other part of Winter Street will be built up sooner or later and it was agreed to refer the matter back to the Planning Board with the suggestion that Winter Strat be extended over Sky View Road to Rangeway and Volunteer Lane -from Grove Street all the way down the finished and unfinished part of Winter Street. The Chairman read a letter from F. K. Johnson In- surance Agency,.11 Muzzey Street, stating that as Mr. Merriam has notified the Board, they will acquire his insurance business the beginning of next year. They Insurance hope the Board will permit them to serve the Town's future insurance needs as Mr. Merriam has done in the past and before January would like to visit with the Board. Letter was received from Mrs. Eric T. Clarke, President of the Lexington League of Women Voters, World Trade asking the Board to issue a Proclamation establishing Week the week of May 18th as World Trade Week in Lexington, and also inviting the Board to attend an evening's discussion on Monday, May 19th, at 8:00 P. M. Mrs. Morey suggested that the Proclamation be given to Mr. Adams for publication and the group ad- vised that the Board cannot join them that evening because of its regular meeting. Letter was received from the Kiddie Kamp Corpora - 1 tion, 10 Milk Street, Boston, requesting permission to conduct a Tag Day in Lexington on Saturday, May 17th. In keeping with the policy established some time ago, that Tag Days be limited to only two or three local organizations, it was voted to deny the request. Upon motion duly made and seconded, it was voted to grant the following licenses: Charles Durkin, d.b.a. Minute Man Cab Wardrobe's Pharmacy Chester W. Fillmore Theron H. Gough Application for a Spe Peddler was received from Lexington, which requires from the Board. Peddler's The Chairman read a letter from Chief Ryeroft ad- License vising that an investigation has been made by his De- partment through the Board of Probation and it was found Mr. Green was in the Roxbury District Court on July 2, 1951 for larceny, and was sentenced to six months in the House of Correction ,and further sus- pended, and on February 5, 1952 the case was filed. It was agreed tivadvise the Director that the Board does not feel it can sign the Certificate of Character in view of the applicant's record. Fur the r consideration was given to the appoint- ment of a Fire Commissioner, and upon motion of Mr. Adams, seconded by Mr. Tacker, it was voted to re- appoint Mr. George C. Sheldon for a three-year term expiring May 1, 1961. Mr. Adams stated that the Board should establish a policy that three terms are enough and the other members of the Fire Commissioners be so advised in- formally. He said he felt it would be in the best interest of the Town to limit the terms on most Boards to three. Public Carriage ren'1. Sunday Sales n Peddler n cial License as James J. Green, a certification a Hawker and 8 Fiske Road, of character 341_ Tag Day Licenses At 9:15 P. M., the Planning Board met with the Selectmen relative to the proposed taking to be made by the State Department of Public Works and its re- lationship to the proposed zoning question coming up May 12th. The subject was discussed at length and it was the feeling of the Board of Selectmen that the matter Was 'not between the Town and the State, but one be- tween the State andFilene's. Appointments Policy re appointments 342 Reference was made to the hearing at the State Department of Public Works on Thursday, relative to the proposed Access Road to the Bedford Airport. Re- presentatives from the Board of Selectmen and the Planning Board will attend. The meeting adjourned at 10:15 P. M. A true record, Attest: Jx4-7 �L--" O e tiv'Cler(k, Sele toren. SELECTMEN'S MEETING May 12, 1958 A regular meeting of theBoard of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 12, 1958 at 7:00 P. M. Chair- man Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. The Executive Clerk was also present. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate j/o poles on Bridge Street. The Chairman reported that the proposed locations were approved by Mr. Gayer, Superintendent of Public Works. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing j/o pole locations: Bridge Street, southwesterly side, southeasterly from a point approximately 20 feet southeast of Marrett Road, --Four poles. Bridge Street, northeasterly side, northwesterly from a point approximately 20 feet northwest of Valleyfield Street, --Twelve poles. The Chairman reported that Mr. Paul Knight, Radio Station VCOP, telephoned the office and said that the number of accidents which occur on Concord Avenue has prompted him to request the erection of signs to the effect that there is a business establish- ment located there. Mrs. Morey suggested locating a driveway sign Traffic and Mr. Tucker said he doubted if motorists would pay any attention to those signs. The Chairman read a letter from Thomas G. Lynah, Secretary of the Trustees of Public Trusts, advising that Mr. Clarence S. Walker has been elected Chairman Appointment of the Trustkes and that the Trustees have voted to recommend that Mr. George P. Morey be appointed to the Board of Retirement, if the Selectmen intend to appoint someone from the Trustees of Public Trust. Upon motion duly made and seconded, it was voted to appoint Mr. George P. Morey a member of the Lexington Board of Retirement for a three-year term expiring March 31, 1961. 343 Pole locations 644 Dance License Jurors The Chairman read a letter frau Mrs. John W. Biggs, requesting permission, on behalf of the Theatre Guild of the Lexington Arts and Grafts Society, to re- serve Cary Hall for a Hoe -Down Party. The affair is to be held out doors, but in the event of inclement weather, the group would like to use Cary Hall. Per- mission was also requested to use the parking area or one of the municipal parking areas. The Chairman was authorized to ask Mrs. Biggs for more detailed information, further consideration to be given the subject upon receipt of same. The Chairman referred to the application for a peddler's license received .from James J. Green, 8 Fiske Road, and acted upon by the Board last week. He reported that before sending a letter to the Bureau of Standards, he discussed the subject with the Chief of Police who found that the applicant's record was of a minor nature. He now holds a posi- tion with the concern involved and his case was placed on file with no record. The Chief also inter- viewed the applicant and is of the opinion that the Board could certify to his character. At 7:09 P. M., Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. The following individuals were drawn for jury duty: Stanley L. Sisson, 30 Grant Street and William B. Sullivan, 389 Woburn Street. Mr. Carroll retired at 7:12 P. M. The Chairman read a letter addressed to James E. Collins, Welfare Agent, from James B. Carson, District Director, State Department of Public Wel- fare, relative to the location of the Welfare Depart- ment in the Town Office Building. The Chairman reported that he discussed the Welfare Dept.subject with someone concerned and they claimed there would be access to the radio room when Welfare person- nel was not there and that should be corrected. He explained that the State contributes funds and likes to have the regulations followed. Mrs. Morey said that the requirements could be met and pointed out that the Department could use the safe for all records and no one else would have access to them. Licenses Upon motion duly made and seconded, it was voted to renew the following licenses: Town Line Pharmacy, Inc. 20 Mass. Ave. Sunday Sales Clarence E. MacPhee 14 Baker Ave. Sunday Sales 1 Letter was received from James J. Carroll, Town Treasurer, advising that it is necessary to borrow $500,000 in anticipation of taxes. He plans to have the note dated June 1, 1958 and payable November 1, 1958. Upon motion duly made and seconded, it was voted to grant Mr. Carroll permission to arrange for a loan of $500,000, in anticipation of revenue, tobe payable November 1, 1958. Mr. Adams said that he noticed in the jppropria- tion Committees report that funds under Articles six and seven of the Warrant are to be raised in the tax levy and asked if the Board of Selectmen had anything to say regarding financing these projects. He said he was not in favor of putting anything more in the tax rate. Mr. Stevens arrived at the meeting at 7:20 P. M. Mr. Stevens referred to the suit brought by Mr. Freeman relative to the land taken by the Town in con- nection with Worthen Road. He explained that a total of 17,105 square feet was taken and it amounts to the loss of one lot. Mr. Freeman had twa buildable lots; one on Massachusetts Avenue and one on Stratham Road. Now there is only one lot. He said he had an ap- praisal of $1500 and offered $2500. Mr. Freeman, now Claim deceased, had contended that it was worth between $6,000 and $7,000. Mr. Stevens reported that the at- torney, representing the estate, will settle for $2900 and the case is set for trial on May 22nd. It is his recommendation that the Town settle for $2900. Mr. James said that, subject to the availability of funds, he would be in favor of accepting Mr. Stevens' recommendation. It was unanimously agreed to authorize Mr. Stevens to sable the claim for $2900. 345 Borr owing Mr. James said that the Board should take a vote of how it is going to vote on Article 9 which is the shopping center and whatever the vote is it can be presented that way. Mr. Adams said that he was opposed to it but this has been a' leading question and he was disturbed about the vote being taken half an hour before it goes on the floor. He said he thought the motion from the Board should not come up just before Town Meeting and that the Board should have had an opportunity to discuss it. The Chairman said he was going to vote in favor because he felt seven out of ten people voted for it. 646 Mr. Adams said he was bothered by the fact it did not come up for discussion. Mr. Adams said that the policy of putting this amount on the tax levy was also important and asked if the Selectmen had an opinion on it. The Chairman explained that the Appropriation Committee did not meet until Thursday. Mr. James said that he was going to vote for the shopping center. Mr. Tucker said that he thought Mr. Adams had a point and it should have been discussed before and it is better to discuss it now than not at all. He said he had not made up his mind until recently and that he was going to vote for it. The Chairman said that if anyo,-e asked how the Board feels, he would reply that it is not unanimous. Mr. Tucker said if the question comes up on the floor the Chairman can say that the Board's vote is divided. Mr. Adams said he thought it was important that the Board be on re4ord. Mrs. Morey said, referring to Article 4, that if necessary she would have to speak in favor of it. The Chairman said that he would vote for the pur- chase of the land. The Board has discussed it with the Planning Board, Superintendent of Public Works and Mr. Stevens relative to the sewer easement going through there and how it could become involved. Mrs. Morey asked about the financing, and Mr. James replied that as far as financing is concerned on all the articles, the only one he objects to is Article 6. He said he thought construction of streets should not come out of the tax levy because they are paid for by the abutters. Mr. Adams said as a matter of principle, he thought the Selectmen would look good if they opposed any more in the tax levy. Mr. James said that since the borrowing has not been made, it would appear to him that it could be in- cluded in the street borrowing. Mr. Adams said he would like to make a motion that the money not be taken from the tax levy. Mr. James said that whether it is E and D or tax levy amounts to the same thing. Mr. Adams said he felt it would be much better to borrow. Mr. James explained that would require rewording the motion and considerable revision. The meeting adjourned at 7:55 P. M. A true record, Attest: tiv C1erc, Seleen. 1 347 SELECTMEN'S MEETING May 19, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 19, 1958, at 7:30 P. M. Chairman Maloney, Messrs. James, 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. Adams arrived at 7:55 P. M. Hearing was declared open upon application of the Associates Realty Trust of Lexington for permission to store #2 fuel oil in an underground tank on the prem- ises at 727 Marrett Road. Mr. M. A. Seabury, Jr., representing the petitioner, was the only person present. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the Associates Realty Trust of Fuel oil Lexington a license to store 4.,000 gallons of #2 fuel hearing oil in an underground tank on the premises located at 727 Marrett Road. The application was approved April 25, 1958 by Deputy Chief Belcastro and notice of the hearing was advertised in the May 8, 1958 issue of the Lexington Minute -man. Mr. Seabury retired at 7:33 P. M. Hearing was declared open upon application of. Duval Sheet Metal Works, Inc., for permission to main- tain an underground tank for the storage of 1,000 gallons of gasoline on premises at 3 Bow Street. Mr. Frank Rymes, representing the petitioner, was the only person present. The application was approved May 5, 1958 by Deputy Chief Belcastro and notice of the hearing was Gasoline advertised in the May 8, 1958 issue of the Lexington hearing Minute -man. Mrs. Morey asked if gasoline had ever:been stored at the location before, and Mr. Rymes replied in the negative. Mr. Rymes retired at 7:37 P. M. Upon motion of Mr. Tucker, seconded by Mr.James, it was voted to grant the Duval Sheet Metal Works, Inc. a license to store 1,000 gallons of gasoline in an under- ground tank on the premises located at 3 Bow Street. 648 Request was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to install two anchor guys at the corner of Rawson Avenue and Albemarle Street, both private ways. Guy wire Mr. Gayer reported that the pole number on the location petition is incorrect and he does not understand why two guy wires are desired. He explained that there is a pole already placed with wires in four directions. The Chairman said that possibly the load may be increased. Mr. Gayer said the only reason the Town is in- volved is the fact that the Town owns a lot on the corner. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the request. Letter was received from Edward P. Colbert, 796 Massachusetts Avenue, requesting installation of a water main to service lot #101 Grandview Avenue where Request for he intends to build a house. water ¥r. Gayer reported that he has started a formal petition on this. He explained that there is a private line going part way up and the people connected won't have any betterments to pay. The Chairman read a letter from Mr. Leon Bateman advising that the merchants would like to have a sign, Parking similar to those erected by the Town in other parking Sign areas, to publicize the parking lot built by Mr. Viano. Mrs. Morey interpreted the letter as a request for permission to erect a sign and Mr. Gayer said he thought it was a request for the Town to erect it. The Chairman said that Mr. Bateman could not put a hole in the sidewalk for a sign. Mr. Gayer said that permission could be granted, but if the sign, as suggested, says parking for customers it is a private parking lot. The Chairman said that the sign would be for the convenience of the public. Mrs. Morey said she thought it would be all right if the proposed wording were changed and the merchants wanted to pay for it. Mr. Stevens said that the Board could not assume the merchants were going to make the sign and if they do, the Board would want to make sure it would be all right. Mr. James said that he would be in favor of per- mitting the merchants to erect a sign if they want to buy one and have just Public Parking on it. Mr. Tucker said that the sign should not be limited to custo#ers. 1 349 Mr. Gayer agreed to discuss the subject with Mr. Bateman. Letter was received from the Raytheon Manufactur- ing Company, addressed to Mr. Stevens, together with a proposed water service contract, for the Town to supply Water water to the company's proposed new laboratory in Bed- ford. Mr. Stevens said that he would check the contract with Mr. Gayer. The Chairpan read a letter frau Mr. Stevens in reference to tax title lot 11, Block 88, Short Stree t, which the Board voted to convey to Concetta Lembo. He pointed out that the lot has a frontage on Short Street of twenty-five feet and is being conveyed to Mrs. Lembo because she is the owner of lots 9 and 10. He explained that if the three lots are combined into one lot, it would result in a frontage of 75 feet and assumed that the Board intended to insert a restriction in the deed requiring the lots to be combined for building purposes. It was unanimously agreed tohave a restriction inserted in the deed requiring the lots to be combined for<building purposes. The Chairman read a letter frau Mr. Stevens with reference to a sewer order adopted by the Board on March 11, 1957 for the construction of a sewer in Depot Square Depot Square. The aonstructi on was not carried out sewer and he therefore prepared an order rescinding it. After this order has been executed, a new order for the construction of this sewer, based upon the sewer appropriation made at the Annual Town Meeting this year, should be adopted. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to adopt ah order rescinding the order for construction of a sewer in Depot Square, adopted by the Board on March 11, 1957. Mr. Bertram P. Gustin, Chairman of the Town Celebra- tions Committee, met with the Board at 7:50 P. M. He explained that the Committee thinks the pre- cedent this year of a Lady Lexington is significant, and it is intended to continue the activiity each year. He said it is proposed to have a picture of Miss Lexington placed in the conference room and asked from whom per- Miss mission should be requested. Lexington Mrs. Morey said that if there was to be a series of pictures eventually, there would be quite a number, and Mr. Gustin said that the size would be reduced to 81 x 11. 350 The Chairman said that he thought the subject should be discussed with the Trustees of Cary Memorial Building. Mr.Gustin asked if the Town Celebrations Com- mittee was going to he responsible for a Thanksgiving Thanksgiving service this year and the Chairman replied that the Observance Board would send him a letter asking the Committeeto arrange, coordinate and execute appropriate services for the observance of Thanksgiving, 1958. Mr. Gustin retired at 7:55 P. M. A report from the Traffic Study Committee, rela- tive to.a communication received two weeks ago about Wilson Road, was due today. Mr. Gayer reported that the Committee has met and Chief Rycroft felt that he wanted to Make a traffic count in the area, but during the past two weeks, he• was short of men and had other more urgent things to take care of. He was planning to send a plain clothes man up to the area and the Committee will meet this week if he has obtained the information he wanted. Traffic Mr. Gayer explained that the question of school property is involved and they would like to check with Town Counsel to make certain that any recom- mendations the Committee has will work out. At the present time, the solution appears to be a gate with the proper signs stating this is not a through street, the gate to be opened only for school buses or fire trucks. Mrs. Morey said she thought that one evening the Chairman asked Mr. James and Mr. Tucker to take care of certain items and then asked Mr. Adams and her to take care of certain items. She asked if they were supposed to be doing something to report to the, Board on. The Chairman aaid that she and Mr. Adams, as he recalled, were to work with the Traffic Study Com- mittee. Mrs. Morey said that she thought she and Mr. Adams should meet with the Traffic Study Committee. Mr. Adams asked if they had the power to initiate projects of their own and the Chairman replied in the affirmative. He explained that one project is the parking areas in the center. Mrs. Morey,_said that she and Mr. Adams could meet with Mr. Gayer and the other members of the Committee some afternoon and then come in to the Board with a report. Mr. Adams said that a number of years ago, the Boards of Selectmen had subcommittees and it worked out rather well. 1 351: The Chairman said such an arrangement might work out if necessary, but he was opposed to getting into the various departments because they have department heads. However, for a specific project, he would have no objection. At 8:00 P. M., Mr. Martin Bashian met with the Board. He explained that the Centennial Legion will be observed September 19, 20 and 21. In'previous years, it has been in other parts of the country but this year it is to be in Boston. Mr. Bashian is Ad- jutant of the organization and plans are progressing very well. He said the group would like permission to have a parade on Saturday morning, starting at ten o'clock, from the intersection of Woburn Street and Massachusetts Avenue, proceeding to the Common where there would be a review. The Minute -men would like to have public installation of officers and arrange- ments have been made with Rev. Handley to have ser- Centennial vices in the Episcopal Church. There will be approxi- Legion mately 300 participants, and if time permits, they would visit two of the historical houses and then proceed to Concord. Mr. Bashian said that if per- mission is granted, they would like a representative from the Board of Selectmen to attend. Mr. Bashian explained that he would like per- mission to use the Common for a review. There will be a public address system but no stand, and the entire program will probably not take more than an hour. Mr. James suggested using the church parking lot for the buses. Mr. Bashian said that there would be the problem of feeding the group and asked if there was any pos- sibility of using a school cafeteria. Mrs. Morey suggested that he contact the School Committee. Mr. Adams said he thought the Town flags should be displayed on Saturday, the 20th, and the Board agreed. Mr. Bashian retired at 8:10 P. M. Mr. Austin Fisher, Chairman of the Standing School Building Committee, met with the Board. He said he desired to explain the situation in regard to the Barnes Property. The Committee's archi- tect has made a study and to do a straighforward job would cost $25,000 instead of $18,000. He said the question is, what does the Committee do? There is $18,000 available and the Committee definitely does 352 not want to go back to the Town for additional funds. If the Committee has just the heating, lighting and Barnes plumbing done it will be all right. However, if it Property gets into decorations, it will be over the appropria- tion. He said that if an architect were to go in and say this is what should be done, he would spend $1400 on flooring and $4200 on heating. This would add up to $2500. He said he thought the Committee could cut this away back, leaving to the School Committee certain decorating items. He said he understood the Selectmen still have control of the building so he felt the Board and the School Committee should know what they are in for. All the Standing School Building Committee is go- ing to spend is $18,000 and do the best it can. The estimate for repairing the roof is $550. Insulation would be $220 or a total of $770,4 If the Board could make this amount available, it would help a great deal. According to the architect, the roof 1s in very bad condition, and he does not want to give it out on the general bid. The Committee prefers to do it under a separate contract before the bids go out or while they are being considered. He explained that repairs of this nature are dubious and there is no telling what a general contractor will do with a repair bid. The Committee is of the opinion that it could do the masonry work, con- nect onnect the heater up to the flue, such flooring as is needed, patch the walls and ceiling, plumbing, heating and electrical work. That is about all. He said that as long as the Selectmen have title to the property, there is the problem of who is responsible for what. The Chairman explained that the object was to dis- pose of the building, and all the Board wants is the title to the land. Mr. Stevens explained that the Board could not turn the building over sooner because Town departments are still using it. Once the building is unoccupied, at the next Town Meeting the Board will transfer the care and control of the building, not the land, to the School Com- mittee. Mr. Fisher said that the bommittee has $18,000 and it is going to spend that amount and that is all. The plan is basically one of plumbing, heating and electrical work. The Committee will repair the building just to make it livable. The Chairman said that Mr. Risher could advise the School Committee that the Board feels it is through with the building and it is theirs from now on and will be legally turned over. He said that some time in the near future, he would like to look into the cost. He said he thought the Board was of the opinion it should be turned over now in its present condition. Mr. Fisher retired at 8:35 P. Y. 1 The Chairman read a letter from Mr. Leon Bateman asking that the Shenandoah flag system be extended to include the side of the street where his store is now located. Mr. Gayer agreed to contact Mr. Charles Brenton, formerly with the Park Department, to obtain further information on the subject and report back to the Board next week. The Chairman read a letter from John D. Chiesa, advising that for several years he has cut the hay on the Willard property located on North Street. He has never been charged rental for the land as Miss Willard felt the improvement to the property com- pensated for the hay he removed. Mr. Chiesa would like to continue to cut the hay as feed for his cattle. It was agreed to advise Mr. Chiesa that inasmuch as the Town does not presently own the property, the Board is not in a position to grant him permission to mow the hay. However, if he obtains permission from Miss Willard, the Board will honor it when the Town takes title to the land. Letter was received from William P Fire Commissioner, together with a copy tions for a new ambulance and a list of whom they will be sent. Bids are to be the Selectments Office on or before May 353. Flags Hay on Willard land . Fitzgerald, of specifica- Ambulance companies to forwarded to 26th. Letter was received from Mrs. Robert McMillan, 38 Moon Hill Road, relative to a publicity campaign in connection with the deCordova Museum's June circus Permit festival. The proposed plan includes a cavalcade of denied jeeps, advertising, flyers and sale of tickets. It was the opinion of the Board that favorable action would be establishing a precedent which could prove to be undesirable and permission having once been granted, the Board could not consiatently refuse any future similar requests. Permission was, there fore, denied. Letter was received from Mr. Carroll, Town Treasurer, advising that he had received the follow- ing bids on a $500,000 loan in anticipation of re- venue: Second Bank -State Street Trust Co. .60% The Merchants National Bank of Boston .635% Lexington Trust Company $200,000 .66% 300,000 .72% 354 Tax title Tax title aye title The bid submitted by the Second Bank -State Street Trust Company of .60% was approved by the Board. Letter was received from Mr. Irwin, Building Inspector, in regard to the new Sign By -Law. Upon motion duly made and seconded, it was voted to establish the following fees for erection of signs: A minimum $2.00 charge for any permit for a structure the estimated cost of which is $2,000 or less. A fee of $1.00 per thousand or fraction thereof for any structure over $2,000. Further consideration was given to Mr. Philip J. Knox's offer of $550 for tax title lots 228 to 233 on Freemont Street. Mr. Paul B. Lloyd 202 Cedar Street, had also submitted an offer of $500 for the same lots. Mr. James, representing the Board, had a con- ference with both individuals and Mr. Knox agreed to sell lots 222 and 223 to Mr. Lloyd for $183, and Mr. Lloyd agreed to purchase them from Mr. Knox. Upon motion duly made and seconded, it was voted to sell and convey tax title lots 228 to 233 inclusive to Philip J. Knox for $55o. Further consideration was given to Mr. John L. Wood's offer of $500 for tax title lots 234 to 242 inclusive on Freemont Street. The Board discussed the subject very thoroughly and came to the conclusion that it would be in the best interest of the Town not to dispose of the lots. Mr. Wood's offer was therefore declined. Further consideration was given to the Homeland Realty's offer of $4600 for tax title lots 220 to 258 inclusive on Freemont Street and lots 264 to 272 in- clusive on Asbury Street. The Board decided that it would be in the best interest of the Town not to dispose of the remaining lots, 228 to 233 inclusive having been sold to Mr. Knox, and the Homeland Realty's offer was therefore declined. Further consideration was given to Walter J. O'Brien's offer of $500 for tax title lots 579 and 580 on Edna Street which he desires to purchase for 1 a play yard. The Chairman was authorized to advise Mr. O'Brien'' that if the Board decides to accept his offer, a re- striction will be written into the deed whereby they cannot be used for the erection of any building. If he is still interested in acquiring them with the re- striction to so advise the Board. 355 Tax title Further consideration was given to Mr. William J. Gibbs' offer df $500 for tax title lot #38 Grape- vine Avenue, which he desires to acquire for agricultural purposes, primarily for raising shrubs as a hobby. Tax title Upon motion duly made and seconded, it was voted that a proposal to sell the lot be advertised in the Lexington Minute -man, a copy of which is to be mailed to the abutters, and that further consideration be given the offer at the Selectmen's meeting on Monday, June 2, 1958 Letter was received from t}e Middlesex County Sanatorium requesting that Robert F. Ingram, an em- ployee, be appointed a Special Police Officer. Mr. Ingram's primary duty is to directiraffic in the Sanatorium parking lot. Satisfactory character reference was received from the Chief of Police. Upon motion duly made and seconded, it was voted to appoint Robert F. Ingram a Special Police Officer in the Town of Lexington for a term expiring March 31, 1959. Appointment Upon motion duly made and seconded, it was voted to renew the following licenses: Licenses Corner Variety Store 856 Mass. Ave. Sunday Sales George H. Phelan 11 Stevens Road Peddler Upon motion duly made and seconded, it was voted to adopt an Order of Taking on Asbury Street from Paul Revere Road, a --distance of 560', more or less, northerly to Balfour Street. (Copy in Selectmen's 1958 files under Highways, Asbury Street). Mr. Stevens said he had four engineering contracts with Whitman & Howard which he prepared on request of Mr. Gayer; streets, sewers, trunk sewer and water. Upon motion duly made and seconddd, it was voted to sign an Exercise of Option to purchase certain land Exercise of from Diomede Famosi, as Trustee of the Middleby Realty Option Trust, situated on Middleby Road and Wachusett Drive. Upon motion duly made and seconded, it was voted to Tax Title sign a deed, prepared by Town Counsel, conveying tax title lot 19, Block 18, Reed Street to Catherine V. Kelly. Order of Taking Contracts Options Upon motion duly made and seconded, it was voted to sign an Exercise of Option to purchase certain land from Andrew E. Millyan and Margaret K. Millyan, situated on Massachusetts Avenue. Upon motion sign an Exercise Edith W. Willard westerly side of Upon motion Poppy Drive grant permission 3007, to conduct 23rd. duly made and seconded, it was voted to of Option to purchase certain land from and Genieve Robinson, situated on the North Street. duly made and seconded, it was voted to to the Veterans of Foreign Wars, Post an Annual Poppy Drive on May 22nd and Upon motion duly made and seconded, it was voted to re -appoint the following individuals as Associate Members Appointments Board of Appeals, for terms expiring March 31, 1959: J. Henry Duffy, Charles H. Norris, George W. Emery and James A. Harding, Jr. Reference was made to redecorating the Selectmen's Selectmen's Room and Mr. Tucker said he would rather purchase a Room new table than to buy new chairs. Mrs. Morey said she would look at some tables. It was agreed to invite the Planning Board to meet next Monday at 9:00 P. M, for the purpose of discussing Worthen and Emerson Roads. The meeting adjourned at 9:t5 P. M. A true record, Attest: -17 tive/ 1Selecn. 1 t i Mrs. Morey's correction of May 26th records' Mr. F. K. Johnson, Mr. Leonard Foster and the Planning Board met with the Selectmen at 9:00 P.M. Mr. Foster reported that he and Mr. Johnson, represent- ing themselves as individuals, did after the last Town Meet- ing, contact Cabot, Cabot and Forbes. First of all, he had previous contact with them and secondly, he thought they represented professional promoters. The: theory was to secure from them the interest in picking up the options represented by or controlled by the Federated Stores. He said after two meetings a letter of intent has been signed by Cabot, Cabot and Forbes to pick up the options. The purpose of picking up these options is the development of an office -park type of proposition in that area. They have a company at the present time, who would like to come to that`• property. The size of .the building would be about 100,000 square feet, about thirty acres out of a total of 150 acres, costing about two and one-half million dollars, 600 or 750 employees. Mr. Foster said that if this area were totally developed in the the to fifteen acres, it could, with zoning restrictions, be developed and be a credit to the Town. He said he and Mr. Johnson thought it was time to expose what they have been doing to the proper authorities and they hope to have a meeting this week, if possible, with the Planning Board, at which time they would have a represen- tative from Cabot, Cabot and Forbes for the purpose of answering questions. At present, the company would like to go into design work immediately and start construction early in the Fall and occupy it in 1959. The area they are interested in would be the Hayden property facing Route 128. Mr. Johnson said that Mr. Wheeler would like very much to have the total holdings of Cabot, Cabot and Forbes in- cluding the Richards and Pilkington property and the Hayden, Swenson property rezoned. At the moment they have one customer but this they feel would fit a very desirable pattern. Mr. Wheeler said this company would be more par- ticular of the overall picture than anyone else. He ex- pects by tomorrow he can divulge the name of the company and give more details about it. He will call tomorrow and arrange to come to Lexington if the Boards want to meet so that there would be a public announcement tomorrow. Mr. Grindle asked if they discussed roads, and Mr. Johnson replied that the access goes back to Spring Street again. Mr. Jaquith asked about the sewer and Mr. Johnson replied that they did not discuss that. He said as near as they could determine, the property runs down to the foot 'of'present Concord Avenue. Mr. Snow explained that it is bounded by Old Shade Street and there is a small piece of land owned by the same group of people who own Woodhaven development. Mr. Adams said he would assume this would be of con- siderable magnitude. Mr. Johnson said he was told this company they have in mind for the Swenson -Hayden area is not interested in the 2A.area because of the location and the contour of the land. They have been looking -for about six years and they are very anxious to have this lot. Mr. 3'aquith asked if it was Cabot, Cabot and Forbes intention'to-have the whole area rezoned including the Richards, Pilkington, Swenson and Hayden. SELECTMEN' S MEETI NG May 26, 1958 A regular meeting of the Board ofSelectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 26, 1958, at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. 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 permission to locate one guy wire and anchor on Paul Revere Road. Mr.Lewis E. Jones, representing the Boston Edison Company and Mr. Truman F. Ball, 38 Paul Revere Road were present at the hearing. Mr.Gayer said that he does not like guy wires as they are troublesome to the people and also during snow removal operations. Mr. Jones explained that this is the last line pole and it is there to hold the line. At some future date when the line is completed, the wire will be taken off. 357 Guy wire location Mr. Ball said that he was only interested in the location and that is all he wanted to know. The hearing was declared closed at 7:33 P. M. Messrs. Jones and Ball retired. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing guy wire and anchor: Paul Revere Road, southerly side from a pole located approximately 340 feet east of Asbury Street. Sealed bids for an ambulance were opened by the Chairman. Two representatives from the Superior Funeral Coach Sales Inc. were present. The bids received were as follows: Ambulance bids Miller -Meteor Sales of New England, Inc. 1958 M & M Cadillac Ambulance, delivered $11,370.00 Less Federal Taxes 683.00 10,687.00 Allowance - present ambulance 3,900.00 6,787.00 cTTc� ooV Superior Funeral Coach Sales, Inc. #1 Superior Cadillac Ambulance, 1958 Model $11,500.00 Less Federal Taxes 585.00 Less allowance on 1951 Cadillac ambulance 3,500.00 Final price delivered Lexington $ 7,415.00 #2 1958 Superior Cadillac Ambulance Less Federal Taxes Less allowance on 1951 Cadillac ambulance The I. W. Douglas Co. #1 S & S Model #58443 Ambulance with 1958 Cadillac Commercial Chassis Less Federal Taxes Allowance 1951 Ambulance and municipal discount 3 & S Ambulance Net price with Federal Tax deduction and municipal discount and allowance for 1951 ambulance $11,850.00 600.00 3,500.00 $ 7,750.00 $12,763.50 700.00 $12,063.50 4,275.00 $ 7,788.50 9,988,‘50 The Chairman explained that this does not mean that the low bidder is going to receive the bid as the pur- chase of the ambulance will be in the best interest of the Town and the Board would advise the bidders. The two gentlemen left the meeting at 8:40 P. M. The Chairman suggested, and the Board agreed, that the members of the Board inspect the vehicles upon which bids were submitted before taking any action. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for permission to relocate one pole on Burlington Pole Street. location Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole locations: Burlington Street,southerly side approxi- mately 1160' east of Grove Street. One existing j/o pole to be removed. Further consideration was given to Mr. Charles Sacco's offer to purchase lots 325-330 inclusive ran 1 359 Wood Street. Mr. Gayer presented a plan showing the old layout of Wood Street and the new layout. He said he did not know the status of the strip of land in between and suggested that it be referred to Town Counsel. Mr. Stevens arrived at the meeting at 7:45 P. M. Tax title The Chairman referred to the parcel of land Mr. Leonard Jellis is interested in acquiring and Mr. Stevens said that the Town cannot take it and then turn around and sell it to Mr. Jellis. Mr. Stevens referred to the parcel off Wood Street and explained that the people expect the Town to clear the title and it is not the Townts problem. He said the bidder should run the title and find out who owns the land and buy it from the owner. The Assessors would have to assess it to the record owner and if he does not pay the taxes, the Town can then take it. Mr. Tucker asked if thekowner of this small strip could convey it to the Town and then the Board sell it. Mr. Stevens explained that the Town only has authority to acquire land for municipal purposes, Whether it is a gift or purchase, the Town only has the right to acquire it for municipal purposes. He pointed out that if the owner could convey it to the Town, he could con- vey it to the adjacent owner direct. He said if the Board would send him the plan title and lot numbers, he would check into the situation fur- ther. Petition was received signed by Lexington realtors, members of the Boston Real Estate Board, requesting the Selectmen to instruct the Chief of Police to enforce the following: No person shall be allowed to sell or show real estate in the town of Lexington on Sundays. Also, no Real Estate Office shall be allowed to remain open on Sundays. This, is in essence the law according to Sec. 5 of Chapter 136, G. L. Petition Letter was received from Frederick 0. Fitzgerald, from realtors Belford Associates, requesting that his signature be re Sunday withdrawn from the petition. closing Letter was received from the Homeland Reaty, Inc. withdrawing the signature from any petition that might be submitted to the Board. The Chairman read a letter from Mr. W. H. Lyon, in opposition to the petition, and suggesting that the Board let the individual brokers, builders, salesman and developers use their own discretion about Sunday closing. No action was taken by the Board. 360 Mr. Stevens reported that the Millyan property, acquired by vote of Town Meeting on May 12, 1958, will be free and clear of occupancy by June first. He Millyan land said that insurance should be placed on it for fire and also liability. He said the Board would have to decide what is to be done about the property. Mr. Stevens reported that a hearing is scheduled for tomorrow morning before the Emergency Finance Hearing Board on the Standing School Building Committee borrow- ing. Raytheon water Parking The Chairman referred to the letter received last week from Raytheon Manufacturing Company relative to the sale of water by the Town to a new laboratory on Hartwell Road in Bedford. Mr. Stevens said that it is not ready to report on this and asked to have a copy of the last contract mailed to him. Mr. Stevens said that he has arrived at the con- clusion that the new Building and Plumbing By -Laws should be published in the Lexington Minute -man unless the Board decides to reactivate the bulletin boaads. He said it would be much more expensive to have them delivered to each house than to have bhem published. He checked with the Clerk who checked with the Town Account- ant and there is enough money held over in the account to cover the publications. Mr. Stevens retired at 8:35 P. M. Mrs. Morey reported that she and Mr. Adams met with the Traffic Study Committee oneday last week. The Chief brought in some interesting facts as to how many people were parking all day and as she recalled, there were thirty-nine cars parked all day in the muni- cipal parking area at the rear of the Lexington Savings Bank. She said there was some discussion about the in- stallation of parking metthrs, but the Committee was not too much in favor of the idea. She asked how the Board was going to let the thirty-nine local business men know they are hurting their own business. The Chief had the registration numbers taken every three hours and therewere thirty-nine stalls filled with the same cars all day long. Mr. Adams reported that the Chief said it is very diMcult to enforce the three-hour parking limit. He has tried talking to the merchants, but it does not have much effect. Mr. Adams said the suggestion was made that the 1 private parking areas, such as the Savings Bank, have signs indicating it is private property. Mr. Tucker asked if there was any alternate plan the Board could propose instead of taking a negative attidude. Mr. Adams said that Mr. Snow pointed out that with the cars parked against the buildings, it would be difficult for fire apparatus to get in. He said that Mr. Snow has a plan showing less cars with better cir- culation. Mr. Gayer explained that the plan referred to was laid out and then changed to take more cars and there is quite a difference in the number of cars that can be parkad:'_between the two plans. Mr. Adams said it was to be free parking space unless abused. Mrs. Morey said she thought the Board needed a release from the Board of Selectmen on the subject to the effect that there will be meters. The Chairman said that the release in the paper could state that the abuse of parking in the munici- pal parking lot may result in the installation of meters. Mr. Gayer said t1.t there is a three-hour limit in the lot and asked why a few tickets couldn't be given out if the desired results are not obtained. The Chairman said the Board could try that next. Mrs. Morey said she suggested to the Committee that the area be two-hour parking with the exception of the rear where it could be three-hour. Mr. Gayer said that if there is not police per- sonnel sugficient to enforce the regulations, nothing would be gained by changing the time limit. Mr. Tucker asked to have a report of progress on the parking situation in two weeks. Mr. Gayer retired at $:35 P. M. Mr. Kenneth Smith met with the Board and said he would like to have a gate put in the fence along tke municipal parking area between Waltham and Muzzey Streets, making access to the Lexington News. He said when the fence was installed, the statement was made that there would be no need of access to the parking area. The people who have rentdd it up to now have vacated and it will be much easier for him to rent it if he has access to the parking area. The Chairman said he did not recall what the de- cision was, but the Planning Board, at the time it was 361 Gate -parking area Ambulance Tax title laid out, did not want any access to the parking lot, principally because they felt it would be a hazard. He said the Board then wanted it very clearly under- stood that there would be no access and there was no retail business there that had any entrance or exit on the parking lot. He said the Beard could discuss the matter and let Mr. Smith know. Mrs. Morey asked if Mr. Smith's idea was to have a gate right at the door and he replied that he didn't care if it is right at the door, but if the opening was beyond Dr. Hunt's fence, it would not benefit him. Mrs. Morey asked if the fence was so that a client could use it for parking, and Mr. Smith replied that it is more for the customer if it is a retail business that rents the but.lding. He said it would be easier to rent if there is an opening there for customers, Mr. Smith retired at 8:45 P. M. Letter was received from David F. Toomey, Commander of the V.F.W. submitting the name of Jerome Garrity to represent the veterans on a committee to formulate plans for the observance of Memorial Day and Veterans' Day. Mr. Toomey said that members of the Post contend that the veterans or members of their families are not to be charged for the use of the Town ambulance as money was set aside by the Town during World War II for the purpose and when purchased, it was known as the Veterans' ambulance. An extensive search of the records was made and no information was found to indicate that it was the in#ent that veterans or members of their families were to have the use of the ambulance free of charge. Further considerationwas given to Mr. Matthew M. Zubowitch's offer of $800 for tax title lots 98' and 99 on Taft Avenue Some time ago, Mr. James and Mr. Tucker met Mr. Zubowitch at the lots and were advised that he desired to build a small house on them. He has lived in that neighborhood for thirty-two years. Upon motion duly made and seconded, it was voted that a proposal to sell be advertised in the Lex- ington Minute -man and that further consideration be given the offer in two weeks; a copy of the advertise- ment to be mailed to the abutters. Futher consideration was given to Mr. Louis Rosendorn's offer for tax title lots 152 and 153 Theresa Avenue. 1 1 363 Some time ago, Mr. James and Mr. Tucker met Mr. Rosendorn at the lots. They total 4200 square feet, each 301 x 701, and there is sewer and water in the street. Mr. Rosendorn said these are the lots that Tax title Porter used for second hand automobile repairing but at that time, there was no evidence of junk cars on the lots. Upon motion duly made and seconded, it was voted that a proposal to sell be advertised in the Lexington Minute -man and that further consideration be given the offer in two weeks; a copy of the advertisement to be mailed to the abutters. Further consideration was given to an offer re- cevied from John P. Doherty and Eileen M. Burly, 31 Spring Street, for the purchase of tax title lot #217, Tax title Spring Street. A Mrs. Lillian Powan, 100 Boylston Street, Boston, is also interested in acquiring the property. Mr. Raymond C. Carron, 17 Spring Street, made an offer some time ago for tax title Lots 233 and 234 Tax title Spring Street. It was the unanimous opinion of the Board that it would be in the best interest of the Town not to dispose of these:lots in view of the possible widen- ing of Spring Street. The Board may be able later to barter them for frontage on adjacent lots for widening. Mr. F. K. Johnson, Mr. Leonard Foster and the Planning Board met with the Selectmen at 9:00 P. M. Mr. Foster reported that he and Mr. Johnson, representing themselves as individuals, did after the last Town Meeting, contact Cabot, Cabot and Forbes. First of all, he had previous contact with them and secondly, he thought they represented pro- fessional promoters. The theory was to secure from them the interest in picking up the options represented by or controlled by the Federated Stores. He said after two meetings a letter of intent has been signed by Cabot, Cabot and Forbes to pick up the options. The purpose of picking up these options is the develop- ment of an office -park type of proposition in that area. They have a company at' -the present time, the identity of which he did not have, who would like to come to that property. The size of the building would be about 100,000 square feet, about thirty acres, or a total of 150 acres, costing about two and one-half million dollars, 600 or 750 employees, percentage of 36.4 Zoning area transfers from outside negligible. Mr. Foster said that if this area were totally developed in the ten to fifteen acres, it could, with zoning restrictions, be developed and be a credit to the Town. He said he and Mr. Johnson thought it was time to expose what they have been doing to the proper authorities and they hope to have a meeting this week, if possible, with the Planning Board, at which time they would have a representative from Cabot, Cabot and Forbes and the company for the purpose of answering questions. At present, the company would like to go into design work immediately and start construction early in the Fall and occupy it in 1959. The area they are interested in would be the Hayden property facing on Route 128. Mr. Johnson said that Mr. Wheeler would like very much to have the total holdings of Cabot, Cabot and Forbes of what they have option on which would include the Richards and Pilkington property which woad be a rezoning of some 200 acres. At the moment they have one customer but this they feel would fit a very desirable pattern. Mr. Wheeler said this company would be more particular of what the overall picture is than anyone else. He expects by tomorrow he can divulge the name of the company and give more details about it. He will call tomorrow and arrange to come to Lexington if the Boards want to:so that there would be a public announcement tomorrow. Mr. Grindle asked ff they discussed roads, and Mr. Johnson replied th t the property goes back to Spring Street again. Mr. Jaquith asked about the sewer and Mr. Johnson replied that they did not discuss that. He said as near as they could determine, the property runs down to the foot of present Concord Avenue. Mr. Snow explained that it is bounded by Old Shade Street and there is a small piece of land owned by the same group of people who own Woodhaven development. Mr. Adams said he would assume this would be of considerable magnitude. Mr. Johnson said he was told this company they have in mind for the Swenson -Hayden area is not interested in the other because of the location and the contour of the land. They- hade been:. Looking for abbAt sfmrystratand they are very anxious to have this lot. Mr. Jaquith asked if it was their intention to have the whole area rezoned including the Richards, Pilkington, Swenson and Hayden. Mr. Johnson replied that is what they would like. 1 Mr. Jaquith asked if the acquisition of the Hayden property would be contingent on owning the Richards property and Mr. Johnson replied that he did not think it would. Mrs. Morey asked how the 600 or 700 employees would get into the building and how the construction workers would get in. Mr. Johnson replied that if they acquire the area, it will be plotted out in areas of suitable size and roads would be built. The section this company is in- terested in is facing Route 128 so they would have to construct a road. Mr. Adams asked if these people were familiar with the State plans and Mr. Johnson replied they are very familiar with them and think something can be worked out. Mr. Johnson said that Mr. Wheeler would like to meet with the Planning Board promptly and go into the matter further. Mr. Grindle said they would want a joint meeting, and have as many members of the Boards present as pos- sible. It was agreed to meet in the Selectmen's Room on Wednesday night at 8:00 P. M. Messrs. Johnson and Foster retired at 9:30 P. M. Mr. Snow presented plans and explained the pro- gress that has been made and what may be proposed rela- tive to the Worthen Road and Emerson Road projects. The Planning Board retired at 10:15 P. M. The Chairman was authorized to contact Mr. Charles H. Cole to determine whether or not he is in a position to accept reappointment as a member of the Board of Health. 365. Appointment Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying tax Deed title Lot 11, Block 88, Short Sbreet to Concetta Lembo. Upon motion duly made and seconded, it was voted to sign a Sewer Order for the construction of a common Sewer Order sewer in Depot Square from Meriam Street southeasterly a distance of 153' more or less. The meeting adjourned at 10:35 P. M. A true record, Attest: /t„c-4x-4, tivv,' Cler9 , Sele amen. 366 SELECTMEN'S MEETING June 2, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 2, 1958, at 5:00 P. M. Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works and the Executive Clerk were also present. Mr. Maloney arrived at the meeting at 5:40 P. M. Mrs. Morey suggested, and the Board agreed, that pending the Chairman's arrival, Mr. James act as Chair- man. Mrs. Morey reported that Superintendent of Schools, John Blackhall Smith, asked her about the High School driveway and why the Town could not do something. She School explained that she had a copy of a policy drawn up when driveway Mr. Emery was on the Board which she had shown to Mr. Gayer. If it meets with the BoardPs approval, she would like to have Mr. Gayer look it over and come back to the Board with recommendations for approval so that it may then be submitted to Mr. Smith. Mr. Tucker said that the Board has, on several occasions, discussed the subject of parking in front of the Central Block but the suggestion of restricting park- ing, the same as is now in force at the Hunt Block, has always had to be deferred pending a traffic survey on Mussey and Clarke Streets. He said the latter would not have much effect on the Central Block parking and he would like to have something definite done. Mr. Adams said the subject was discussed at the last meeting of theTraffic Study Committee and another Parking meeting is scheduled forthis Thursday. Mr. Tucker asked why something should not be done now and Mr. Adams replied his only thought was what would happen when the Depot Square Road is put through. The Chairman pointed out that it would not change the traffic going up the avenue. It was agreed to make the following changes, for a trial period, in the Traffic Rules and Regulations: Eliminate parking from 11:00 P. M. to 6:30 P. M. on the northeasterly side of Massachusetts Avenue from parking mettIr number 55 through parking meter nubber 59. 1 367. Mr. Adams said that signs would have to be in- stalled on the Buckman Tavern grounds and that signs "No Parking" should be erected on the Buckman Tavern side of Massachusetts Avenue. Mrs. Morey asked Mr. Gayer to have an arrow painted directing one-way traffic in the municipal parking area. Traffic She also suggested that an arrow be painted at signs the Depot Square exit. The Chairman suggested that the Traffic Study Committee consider the "No U Turn" signs up and down the Center. He said that they should either be re- moved or enforced. Mr. Gayer retired at 5:30 P. M. The Chairman read a letter from Rocco M. Frasca, 987 Waltham Street advising that he would like to have the sidewalk betterment assessment levied against Sidewalk his property deferred for three years. betterment The betterment is $413.50 and Mr. Tucker ques- tioned if the land was actually benefited that amount. He said it did not seem fair to assume that at some future date Mr. Frasca may purchase the land in the rear and Mr.Adams said it is a matter of policy.. The Chairman suggested, and the Board agreed, to hold the matter over until the next meeting of the Board. The Chairman read a letter from Minot, DeBlois and Maddison, Trustees of Real Estate Investment Trust of America, advising that the lease dated July 27, 1953, between the Town and the Trustees, covering a portion of the parking area to the rear of 1733 to 1753 Massa- Edison Way ehusetts Avenue, expires on July 27, 1958. parking The Clerk reported that she had discussed the subject with Mr. Stevens, Town Counsel, and he was of the opinion that the Board would want to extend the lease for another five-year period, the time per- mitted by Statute. The Chairman said that if the Town Counsel re- commends extending the_ lease, he thought it was the action to take and the Board agreed. Letter was received from the Emergency Finance Board, together with a vote passed on May 27th, author- izing the Town to borrow in accordance with Chapter 645 of the Acts of 1948, for construction of a new Junior High School. 368 Mr. Stevens informed the Clerk togay that the contract was signed and delivered last Thursday night School and he assumed work was started this morning. He borrowing thought Mr. Carroll, Town Treasurer, had been requested to proceed with the borrowing. The Board gave further consideration to Mr. William J.,_ Gibbs' offer of $500 for tax title Lot #38 Grapevine Avenue. A proposal to sell this lot was advertised in the May 22, 1958 issue of theLexington Minute -man. No persons contacted the Selectmen's office as a result of the advertisement. Tax title Mrs. Morey reported that Mrs. Franceschelli, whose property abuts this lot, called her b cause she was of the opinion she owned the property. he agreed to check her deed, but nothing further has bee hegrd from her. Upon motion duly made and seconded, it was unanimously voted to sell and convey Lot #38 Grapevine Avenue to William J. Gibbs, 49 Grapevine Avenue. Mr. Maloney arrived at the meeting at 5:40 P. M. Upon motion duly made and seconded, it was voted Appointment to re -appoint Mr. Charles H. Cole to the Board of Health for a three-year term expiring June 1, 1951. Pursuant to Chapter 48, Section 8, of the General Laws, as amended, it was voted to appoint Roy A. Cook Appointment as Forest Warden for the year 1958, subject to the ap- proval of the Director of Forestry. Mr. Adams said he would like to suggest that the Selectmen meet occasionally with some of the Committees for the purpose of discussing policy. He said he noticed two appointments to the Capttal Expenditures Committee Policy are men without experience. discussions The Chairman said that if Mr. Adams would suggest an evening, he would try and arrange such a meeting. Mr. Adams said that there has been swimming in the North Street pit and he felt very strongly that something should be done as he noticed several complaints in the police blotter. North Street The Chairman said that the property should be pit posted. He suggested that advice be obtained from the Town Counsel as to what the Board should do about post- ing the property, protecting the Town and enforcing no trespassing. Mr. Adams said he thought the Board should ask 1 the Recreation Committee what progress is being made on the Baskin playground and the North Street pit projects. The Chairman asked if the inquiry should be to Mr. Snow or the Recreation Committee and suggested that Mr. Gayer also be questioned relative to these two items. Mrs. Morey mentioned a dinner for Mr. Reed and it was agreed to discuss the subject next Monday evening. The meeting adjourned at 6:10 P. M. A true record, Attest: axe tiv Clem, Sel tmen. 379 Recreation 370 Sewer Claim Water for Raytheon Town Land SELECTMEN'S MEETING June 9, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on:, Monday evening, June 9, 1958, at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of -Public Works, and the Executive Clerk were also present. The Board discussed the subject of sewer extension to service Lot 1B Crosby Road, owned by Fred F. Robicheau, 259 Winn Street, Burlington. Mr. Haskell Reed left a plan of a possible solution and Mr. Gayer also presented a plan. Mrs. Morey said that there has been some drainage work done in the area since the lot was tested by Mr. Lurvey, Health Sanitarian, in 1956 and suggested that he be requested to make another test. The Board agreed with the suggestion and it was also decided to have Mr. Robicheau present next Monday evening for further dis- cussion of the subject. Mr. Stevens said he would like authority to settle a claim against the Town filed by Richard J. Villa. Mr. Villa's car was damaged because of an alledged defect in the Town's portion of Lowell Street. He will settle for $23.12. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to authorize Mr. Stevens to settle Richard J. Villa's claim for damages in the amount of $23.12. The Chairman asked about to supply water to Raytheon's and Mr. Stevens asked to have another week and he wanted to the status of the agreement new laboratory in Bedford, the subject held over for discuss it with Mr. Gayer. Letter was received from Harry M. Yeo, 111 Grant Street asking if it would be possible to purchase land adjacent to his home, formerly owned by Anatacia Richards and Della Thurston. Mr. Gayer presented a plan which indicated that the Town owns only a small strip running parallel with Grant Street varying in width from approximately 13 feet at Hayes Lane to approximately 23 feet next to Mr. Yeo's land. There is a 100 foot easement through which Vine 1 Brook flows in the rear of this strip. The Chairman was authorized to advise Mr. Yeo of the situation and tell him if he or his attorney finds out who owns the property and he acquires it, the Board could consider going to a Town Meeting for authorization to sell the strip of land owned by the Town. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to install a sidewalk anchor guy off pole 55/4 on Lincoln Street. Mr. Gayer had no objection and upon motion duly made and seconded, it was voted to grant the petition. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate three poles on Burlington Street. The proposed locations were approved by Mr. Gayer and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following pole Pole locations: location 7l Guy Wire B urlington Street, southeasterly side, south- westerly from a point approximately 5 feet southwest of North Street, -- Three poles. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate seven poles on Paul Revere Road. Mr. Gayer explained that the poles are already located and this petition is probably to bring the company's records up to date. Upon motion duly made and seconded, it was voted to Pole grant the petition and sign the order for the following location pole locations: Paul Revere Road, southeasterly side, south- westerly from a point approximately 75 feet southwest of Cedar Street, -- Seven poles. Notice was received from the Boston Edison Company and the New England Telephone and Telegraph Company of Pole the abandonment of one pole on Abbott Road, southwesterly abandoned side approximately 90 feet southeast of Meriam Street. 372 Further consideration was given to Mr. Rocco M. Frasca's letter requesting deferment of a sidewalk betterment assessment in the amount of $413.50, as- Frasca seesed against his property at 987 Waltham Street. Sidewalk The Board agreed that the sidewalk did not bet - assessment ter the land to the extent of the amount assessed and voted to reduce the amount to $250.00. The Chairman was authorized to advise Mr. Frasca that the$250 may be de- ferred if he so requests. Mrs. Morey reported that the Traffic Study Committee considered Mrs. Albert E. Gilman's complaint relative to Wilson Road traffic on Wilson Road. She explained that the Committee recommended no action and that Mrs. Gilman be advised that the Committee does not feel there is an unnecessary burden of traffic and that the children should be encouraged to keep off the street. If the people want to send in a peti- tion for a sidewalk, the Board will consider it. Mrs. Morey reported that Mr. Snow is going to write the State and recommend No Parking on the left hand side of Bedford Street going towards Bedford. She said the suggestion was made that the no parking be extended a No Parking couple hundred feet beyond Valley Road. Bedford St. The Chairman suggested extending it as far as the Parker School Parker School and said he did not think it should go beyond the school. Mr. Adams said the Board would make a recommendation and the State may have something to say about the spbject. Mr. Gayer agreed to compose a letter to Mr. John Kiernan, State Engineer. Mrs. Morey reported that the Committee discussed the traffic situation at Dr. Mooney's.on Massachusetts Amendment Avenue at Marrett Road and recommends no parking for Traffic about 200 feet in front of his house which is the curve, Rules and also is the Town's highway. It was agreed to amend the Traffic Rules and Regula- tions to eliminate parking at this location. Mrs. Morey said the Committee recommends improving visibility at Fiske's bluff, and it was agreed to write the State Highway Department and explain, the problem at this location. 1 Mr. Adams said he thought very definitely the Board would have to install parking meters on the west side municipal parking lot. The Chairman explained that money for the meters Municipal would have to be appropriated by Town Meeting. Parking Mr. Adams said that the Chief told the Traffic -Com mittee it is almost impossible to check the cars parked 373 in the lot. The Chairman said that there are funds in the police budgdt that could be used to pay officers for extra duty. Mr. Adams suggested that the Board advise the Chamber of Commerce that serious consideration is being given to installation of parking meters. The Chairman said he felt enforcement could correct the situation and said he would like to discuss the sub- ject with the Chief again. Mrs. Morey reported that the Committee also dis- cussed the situation in regard to No U Turns. The Chairman read a letter from Mr. Donald E. Nickerson advising thPt Anthony Masi, who has been in his employ for twelve years, has purchased two lots on Muller Road, Burlington, upon which he and his brother are building houses. In front of one house is a hydrant and Mr. Masi did not know until several days ago that there would be any complication in obtaining a water con- nection. When he applied at Burlington, he was advised Water for that permission would have to be obtained from Lexington. houses on The Board felt that the two individuals involved Muller Rd. should not be penalized for a situation over which they had no control, and Mr. Gayer was instructed to tell them that the Board had agreed to make it possible for them to obtain watkr. The Chairman was instructed to write the Burlington Water Commissioners of the Board's displeasure in the lack of co-operation in carrying out the original agree- ment. Mr. Gayer was requested to submit information rela- tive to ITT at the next meeting. Mr. Gayer retired at 8:40 P. M. The Chairman read a letter from Donald Irwin, Build- ing Inspector, advising that he would like to take his vacation,a day a week throughout the Summer months, in the majority of cases Friday, beginning June 20th. Building The Board had no objection. Inspector Letter was received from Chief Albert E. Ryan, Arl- ington Police Department, commending Lieutenant George E. Smith for transmitting pertinent information to that department. Police It was agreed to send the original letter, together with a letter from the Board, to Chief Rycroft with the request that they be posted on the police bulletin.board. 374 Upon motion duly made and seconded, it was voted Appointment to appoint Murray G. Dearborn to the Town Celebrations Committee for a three-year term expiring April 30, 1961. The Clerk was instructed to arrange with Mr. I. W. Douglas to have the ambulance, upon which he submitted Ambulance a bid, at the Town Office Building next Monday night be- tween 7:00 and 7:30 o'clock for the Board to inspect. Mrs. Morey mentioned the vote of Town Meeting at which the sum of $20,000 was appropriated to buy the Great Meadows, and said she had asked Mr. Stevens what Great is to be done about it. Mrs. Shapiro wants to erect a Meadows sign off Fottler Avenue. Mr. Busa has stopped them from going into the Great Meadows on Bow Street. She has been working on what the Great Meadow can be used for. Mrs. Morey said that possibly Mrs. Shapiro and Mrs. Marek could work out something. Mrs. Shapiro is working on this as an open area for Arlington in Lexington. Mr. Adams suggested that the project be referred to Mr. Snow to work out! -something between the two towns. He said Mr. Snow has been working on that area. Mr. James suggested that the Board appoint a Great Meadow Committee to work with the Arlington group and re- port to the Board. The Committee would have no authority but could bring in reports. The names mentioned to serve on such a committee were Felix Cutler, J. Henry Duffy, Lois Brown, Aiden L. Ripley and Roland Greeley. The subject is to be discussed further next week and suggestions made relative to the duties of such a committee. It was agreed to arrange a dinner for Mr. Haskell Reed, former member and Chairman of the Board, on Monday, June 23rd. A telephone call was received from Austin W. Fisher, Chairman of the Standing School Building Committee, ad - Barnes wising that the bids for renovating the Barnes property Property are to be opened July 7th. The Committee is assuming the building will be vacant by that date an7. if not, would like to know what arrangements will be made. The Chairman was instructed to request Mr. Gayer to have the Barnes property vacated by July 7th. The meeting adjourned at 9:45 P. M. A true record, Attest: x� ecutive lark Sele a men. 1 SELECT!''EN t S MEETING June 16, 1958. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday eveiaing, June 16, 1958 at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. -Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Letter from Raytheon Manufacturing Company rela- tive to water for a new laboratory in Bedford was held over. The Chairman read a letter from Mr. Stevens ad- vising that papers were passed today on the Millyan property, 561 Massachusetts Avenue, and the Town now has title to it. Mr. Stevens arranged with Mr. Con- verse Hill to cover the property with fire and public liability insurance in theamount of $17,000. Upon motion duly made and seconded, to sign a Taking Order, prepared by Town the Diomede Famosi land acquired byvote ing on May 12, 1958 under Article . Mr. Stevens explained that he would followed up with a confirmatory deed and 375 Raytheon water Millyan property it was voted Counsel, on of Town Meet- Famosi Order of have the Order Taking release. Mr. Stevens reported that he had a lease of the parking area on Edison Way and explained that the five- year lease will expire in July. He advised Minot, DeBlois & Maddison that it cannot be extended and he would write it for another five-year period. He in- formed the Board that the wording has been changed a Parking little and it is a one-year lease commencing July 27, area lease 1958 and will extend automatically for a total of five years unless one party gives notice to sooner terminate it. Upon motion duly made and seconded, it was voted to sign the ]ease between the Town of Lexington and Trustees of Real Estate Investment Trust of America covering a portion of the parking area to the rear of 1733 to 1953 Massachusetts Avenue. Mr. Stevens reported that he has heard from an attorney on the Freeman Gray property. (Gray sewer 'betterment Cedar St. ditch The Chairman read a letter fromthe Board of Assessors relative to the apportioned sewer betterment assessment, account #1982C, Freeman and Stella L. Gray. The Board of Selectmen made a taking of the property which has a sewer betterment assessment balance of $20.18 and the Assessors desire to have it abated to close the account. Upon motion duly made and seconded, it was voted to abate the balance of the sewer betterr}ment assessment levied in the name of Freeman and Stella L. Gray in the amount of $20.18. Mr. Stevens retired at 7:55 P. M. Petition, signed by John E. Carlson and other resi- dents of Cedar Street, in reference to a ditch at the rear of the properties was read by the Chairman.• Mr. Gayer reported that he made a personal investi- gation and recommended extending the ditch which would have to be a project fbr next year. The Chairman was authorized to advise Mr. Carlson that the communication willbe included with items to be considered when the budgets are being prepared foil 1959. The Chairman read a notice from the State Depart- ment of Public Works advising that the contract for Chapter 90 c onstruction - Concord Avenue has been 'Chapter 90 prepared for the contractor's signature, assuming that contract the Board would award it to the low bidder, Chesterbrook Construction Co. Inc. If the Board has any objection, the State is to be notified immediately. The Chairman read a letter from Mr. William Roger Greeley, stating that the planting around the three Town administration buildings is not balanced or com- plete. He asked the Board to consider a minimum of Planting work on the area. Town Offices Mrs. Morey suggested, and the Board agreed, that Mr. Greeley be asked if he would be willing to make some suggestions for the Board's consideration without in- curring any liability. The Chairman read a letter from Mr. William Roger Greeley relative to replanting on the Common. Mr. Gayer presented a planting plan made by Mr. Greeley in 1957 and said if the Board wanted him to, Planting on he would advise Mr. Mazerall that it is to be followed. Common Mr. Adams suggested discussing the subject with the Field and Garden Club. 1 377 Mrs. Morey said she believed Mr. Greeley was very familiar with the subject and the Maple trees are of a bushy variety which he feels is not in character with the Green and hoped there would not be any more of that species planted. She suggested that the plan be checked before any fu#tnre plantings. Mr. James mentioned that checking the plan does not mean that theBoard has adopted i.t. Mr. Fred F. Robicheau, 259 Winn Street, Burlington, and Mr. Haskell W. Reed met with the Board. Mr. Robicheau purchased lot 1B Crosby Road from Mr. Naudzun on October 21, 1955 and wants a sanitary sewer to service the lot upon which he desires to build a house. Mr. Robicheau said that when he purchased the lot, he was advised to wait until the following year when the sewer would go up Massachusetts Avenue. He said he Robicheau waited that year and the next year and would like to sewer know something definite. Mr. James asked who gave that adviee and Mr. Robi- cheau replied that Mr. Lurvey said that there might be a possibility of connecting to the Town sewer,but nothing was promised. He said that at the time Mr. Lurvey ran a percolation test and advised that it would not be advis- able to install a septic tank or cesspool. Mr. Reed said he has known Mr. Robicheau for some time. He said there is a deferred betterment which is due immediately if he is able to build if the sewer is available. He said he was on the Board when the sewer in Massachusetts Avenue was brought up and some consider- ation was given to it taking care of Crobby Road. He said he realized this is a new street and not advisable to dig it up, but he thought the sewer could be put in the shoulders. He referred to the three lots owned by the Methodist Church and said the only use that would be made of them would be for a Rectory and he felt a line could be connected to the sewer. Mr. Reed said he realized this would probably cost $2,000 but the Town has always absorbed the cost of corner lots. He said Mr. Robicheau would pay the better- ment in one payment. He stated that the street better- ment would be due and that would offset the cost of the sewer at this time. He said the lot because it cannot be used, is assessed for $500. Mr. hobicheau will build a $20,000 or $25,000 house and he would like the Board to give him every consideration. He said he did not know whether funds were available but the betterments would be paid. Mr. James explained that the money received for betterments would not be available. Mr. Tucker askdd how long Mr. Robicheau owned the lot and he replied #hree years. Mr. Adams asked if he was a resident of Lexington and he replied in the negative. Mrs. Morey explained that this application for a sewer would take its turn and be placed at the bottom. of the list so the installation probably would not be done now. The Chairman asked what the sewer betterment would be and Mr. Gayer said, guessing, about $685. The Chairman said that the Board would discuss the subject and advise Mr. Robicheau of its decision. Messrs. Robicheau and Reed retired at 8:20 P. M. The Chairman read a letter from Mr. Lurvey, Execu- tive Health Officer, stating that the lot is not accept- able for an individual sewage disposal system. Mr. James said he would like to see the sewer built on Crobby Road and he thought it could be done. The sewer contracts are going out for bid very shortly and the Board will know very soon how much money beyond the bid is available in the appropriation. He said that this is a small job and if there is $2,000 left, Mr. Gayer could do the work with his own crew. The Chairman said that if the sewer goes up Crosby Road, it would also serve the Methodist church. Mr. Gayer said that if the church is not already connected, it will be very shortly on Massachusetts Avenue. Mr. Adams asked why the Byron Avenue, Lockwood Road sewer couldn't be done if there' was $30,000 left in the appropriation. He said to grant the request for Crosby Road would be installing a sewer where there is no resi- dence and in the other area people are in trouble. The Chairman said that when it comes to $30,000 he thought the Town Meeting should decide. Mrs. Morey said she would like to see the Byron Avenue, Lockwood Road sewer ready for a Special Town Meeting. It was unanimously agreed to advise Mr. Robicheau that the Crosby Road sewer will have to be considered when the budgets are being prepared for 1959. Mr. McManus, Mr. Sacco and two other individuals met with the Board relative to installation of sewer Byron Avenue in Byron Avenue and Lockwood Road. Lockwood Rd. The Chairman explained that last year there was sewer an amount of approximately $30,000 included in the budget to sewer this area. A great deal of discussion was carried on because only twelve houses in the area were to be served and the Selectmen felt they did not have the support of the Board of Health and the Appro- priation Committee to warrant spending $30,000 for a 1 379 sewer and pumping station. He said that is the reason it was not approved. He said that the Selectmen and the Board of Health would try to have it approved in the bud- get for the Town Meeting. He explained that it is possible the betterment costs will be extremely high. That would have to be discussed and the property owners would have to sign a petition to have the work done and then an estimate of the cost would be prepared for signatures. Mr. Sacco said that he approached Mr. Gayer and nothing was said about the Board of Health and a petition has bean submitted and estimate of costs signed. He said it never occurred to him that he should go to the Board of Health. The Chairman explained thattrying to get .the approval of Town Meeting for an expenditure of $30,000 fir a small group of people needs support such as the Board of Health stating that the situation is a health menace. He said that the Board would attempt to include<it in the budget next year and if the Town Meeting members approved it, the Board would be happy to proceed with the installation. Mr. Sacco said that next year is not soon enough as this is an emergency. The Chairman said that the condition must have existed for a number of years and Mr. Sacco said that during the past year families have moved in and there are a number of children in these families. The Chairman said that if the Board did want to start the installation, it would take a vote of Town Meeting and it would be many months before the work was done because of the engineering involved. However, knowing it may be approved, some of the engineering work may be started in advance. One gentleman asked if the Board thought the cost would be decreased by postponing the work and the Chair- man replied in the negative. He Said he did not know of any way the Board could work faster. He said he thought the 'Word was aware of the problem and mentioned that there are other areas which are bad and which the Board is trying to correct, but he did not know of any short cut. One gentleman said he has lived in the area for eighteen months and had his cesspool cleaned out three times. Mr. Sacco said that he understood on some occasions the Town Meeting takes up items such as this as an emergency. The Chairman said he did not think it practical to call a Town Meeting for one item. Even then the process would take that much time. With Mr. Gayer knowing the Board is planning this program, some of the preliminary engineering work can be done in advance. He explained this project involves a pumping station and will require engineering work. 380 Mr. Sacco asked how soon the installation would be made if approved by Town Meeting. Mr. Gayer replied that in this instance he would make every effort to have this a special project so that as soon as the money is appropriated, the engineer- ing work would be done and a contract could be let. Mr. Sacco asked if it would be two months after the March meeting and Mr. Gayer replied that three months would be a more practical estimate. Mr. Sacco said that next March would not be soon enough and Mrs. Morey explained that the Board could not do anything without the money being made available. She asked how long the newest house had been there and Mr. Sacco replied twenty years. Mr. Gayer explained that he was talking to Mr. Lurvey who advised that the people could help themselves tempo- rarily by doing some work on the filter beds. The Chairman said that the Board would attempt to get the drawings started this year. The group retired at 8:45 P. M. The Chairman read a letter from Mrs. Florence Bernier, 296 Bedford Street, calling attention to the fence at Parker School the Parker School which she believes to be_ dangerous fence to children, a tree at the Parker School partially blown down and also asking to have a white strip painted down the middle of Worthen Road. The first two items were referred to the School Worthen Road Committee and the Worthen Road item is to be discussed at the next meeting of the Traffic Study Committee. The Chairman reported that Mr. Charles Cold called and asked if the Town would declare 200 feet of Sage Pole location Road a public way so that the Boston Edison Company can install poles free of charge; otherwise the school will have to. pay $650. Mr. Gayer explained that to make it a public way' involves a hearing and acceptance by Town Meeting. Mr. Gayer reported that Itek's proposed project can bd sewered by gravity. They would like to meet with the Board and he thought they would like to know who is going to pay for the sewer. The Chairman said he would get figures on borrow- ing from the Town Accountant. Sewer fOr Itek Salary The Chairman read a letter from Mr. Collins, Wel- fare Agent, requesting an increase in Miss Crosby's salary from $57.11 per week to $59.39 per week. Per mission has been obtained from the Civil Service to promote Miss Crosby to the position of Senior Clerk, the previous clerk having retired. 1 381 Mr. James said he would like the amount to conform to what the Board has set up in the salary schedule. It may be more or less, but he would check it and advise the Board. The Board gave further consideration to Mr. Matthew Zubowitch's offer of $800 for lots 98 and 99 Taft Avenue. A proposal to sell these lots was advertised in the June 5, 1958 issue of the Lexington Minute -man. Tax title Letter was received from Jennie C. & Edward E. Coye, Jr., abutters, offering $400 for lot 99. They own lots 100 to 104 inclusive and their house is built on lots 103 and 104. Letter was received from Stewart C. Cairns, Grace Cairns Trustees, offering $400 for lot 98. Their pro- perty abuts this lot and they have owned it since 1910. It was agreed to ask Mr. Stevens if the Board could sell one tax title lot with restrictions. Mr. Gayer reported that the following bids had been received on a sewer machine: J. F. McDermott Company $4200 delivered, 1% 30 Days O'Brien Manufacturing Co. 4350 net, delivery 30 Days Bids Mr. Gayer recommended purchase of the unit bid on by McDermott. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to accept the low bid of $4,200 submitted by the J. F. McDermott Company. Mr. Gayer retired at 9:45 P. M. List of gnlicensed dogs was received from Mr. Carroll, Town Clerk. Upon motion duly made and seconded, it was voted to sign a Warrant to the Dog Officer to catch and confine Dog and to kill or sell all unlicensed dogs as required by Warrant Chapter 140, Sectton 151A, G. L. Invitation was received from the Lexington Field and Garden Club to attend a dedication service at Emery Park on Sunday, June 22nd, at 12:15. Letter was received from the Kiddie Kamp Corporation, 10 Milk Street, Boston, requesting a loud speaker permit Permit for the month of June to advertise a fund raising contest. denied Upon motion duly made and seconded, it was voted to deny the request. The Chairman read a letter from Chief John W. Rycroft recommending that Paul Mazerall, who is in charge of parks 382 and playgrounds, be appointed a Special Police Officer. Special Upon motion of Mr. Adams, seconded by Mr. James, it Police was voted to appoint Paul E. Mazerall a Special Police Officer in the Town of Lexington for a term expiring March 31, 1959. Upon motion duly made and seconded, it was voted Licenses to grant the following licenses: Lexington Bowladrome, Inc. - Bowling Alley " " Sunday Bowling The Chairman reported that the Board is invited to attend a meeting of the Young Republican Club to be held Meeting June 19th at 8:00 P. M. in the Munroe School. Mr. Adams called the Board's attention to the fact an urgent call was made for a doctor recently and eleven minutes, by actual watch count, elapsed before a contact was made. Seven calls were placed and one doctor had Doctors patients, one was at a hospital and five did not answer. The Chairman was authorized to write the Board cf Health calling the situation to its attention and to suggest that the Board consider working out some arrange- ment with the doctors whereby better coverage can be pro- vided the town. The Chairman agreed to discuss the ambulance specifi- cations with the Fire Commissioners and report to the Board. The meeting adjourned at 10:25 P. M. A true record, Attest: 1 SELECTMEN'S MEETING June 30, 1958. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 30, 1958, at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were pre- sent. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. The Chairman read a letter fromMr. Stevens, ad- vising that On June 25th papers were passed with Mr. Famosi as Trustee of The Middleby Realty Trust and a deed obtained of the land situated on the southwesterly side of Middleby Road. A copy of the taking order, deed and damage release was enclosed. Letter was received from the Burlington Board of Water Commissioners trying to clarify the situation in relation to an agreement between Burlington and Lex- ington regarding sale of water by Lexington to Burling- ton. A copy of the communication had been sent to each member of the Board. The Chairman read a letter from Whelan & Westman advising that it would be helpful to have the sidewalk and curbing installed at the Sacred Heart Parish Center The Chairman read a memo from Mr. Gayer pointing out that the curbing would be installed at the Town's expense and the sidewalk would be installed at $100 per running foot to the property owner. Mrs.Morey asked if curbing wasntt a flexible item and said if necessary, the money originally intended for curbing at the Atlantic & Pacific on Bedford Street could be used at the Parish Center.. The Chairman said he discussed the subject with Mr. Gayer and he does not think this installation would interfere with any other prpposed curbings. Mr. Adams said that when Mr. John Raymond was Super- intendent of Public Works, he submitted a written report to the Board each week which kept the Board informed as to the location and progress of projects in his depart- ment. He said that unless he stops in at the office and asks for information, he does not know what is going on. The Chairman said that he has gone out on some of the projects himself to see what is being done. Mr. Adams said that, as a Board of Public Works, he felt the Selectmen were entitled to a very brief report 383 Famosi land taking Burlington water Curbing & sidewalk Parish Center Supt. weekly report 384 of what the Superintendent is doing. Mrs. Morey suggested that once a month might be fre- quent enough on the major projects. It was agreed to instruct Mr. Gayer to submit a list of projects to theBoard each week so that the members, would be better informed as to what the projects are, where they are located and what is happening to them. The Chairman referred to tax title lots 98 and 99 Taft Avenue, for which three offers have been received and asked Mr. Stevens if deed could include a restric- Tax title tion whereby no building could be erected on them. Mr. Stevens replied that generally the lot is con- veyed to the abutter with a ninety-nine year restric- tion whereby for building purposes that lot must be combined with the adjoining lot to make a seventy-five foot frontage, and only one dwelling may be constructed and maintained on the combined lot. He stated that the Board could restrict the lots any way it desired. It was agreed to find out what betterments each of the abutters have paid on the land they already own and what betterments were assessed on these two lots. A letter is then to be written entertaining an offer of $500 for each lot, plus betterments, the lots to be re- stricted so that for building purposes they must be com- bined with the adjoining lot to make a seventy-five foot frontage. Mr. Stevens reported that he has an agreement to extend the time for passing papers on the Willard Pro- perty to September 1, 1958. He explained that within the last two or three weeks, there has been a question as to the restriction. Miss Willard claims she did not understand it and it will require a plan in order to show it. This brings up the question of plans on these takings by the Town. He said in most instances questions arise as to the boundaries and he felt that all survey- ing of Town land should be done under the Town Engineer, Plans on who should be responsible for the boundaries and know land takings where they are. In this particular instance, the plan was prepared by Miller & Nylander and it is not com- plete. It will cost approximately $800 for a complete plan. He said it seemed to him that it is definitely worth it, but he did not know where the funds were com- ing from. He mentioned taking it out of the appropria- tion for options. He said the money should be avail- able to have Miller & Nylander make a complete plan. The Chairman asked why the Town Engineering Depart- ment couldn't make the plan, and Mr. Stevens replied that he understood they just don't have the time and there is some question as to whether or not there is personnel to make an accurate plan. 1 38 Mr. Stevens explained that he wrote Francis Burke, attorney for Miss Willard, and told him that the Town would have a plan by the first of August and wanted to extend the time. Upon motion duly made and seconded, it was voted to extend the time for passing papers on the Willard property to September 1, 1958. Mr. Stevens suggested that if the Board is going to have the plan made, the matter could be discussed with Mr. Gayer and the Town Accountant. Another solu- tion would be a request to the Appropriation Committee for the necessary funds. The Chairman agreed to discuss the subject with Mr. Gayer and the Town Accountant. Mr. Stevens discussed informally the M. D. C. sewer coming up in Arlington. The Chairman brought up the subject of ambulance bids and asked if the Board could accept a bid other than the low bid. Mr. Stevens advised that the Board would have to go by the specifications on which the bids were received. He said the Board could then revaluate the bids, and if, in the Board's opinion, one is better than another and Ambulance meets the specifications, it is not required to take bids the low bid. He explained that if all bids meet the specifications, but one goes beyond and has more than specified, and it is a better purchase for the Town, he thought the Board could accept that one. The Chairman reported that Mr. Fitzgerald in- formed him that there is nothing in the specifications to keep any bidder out. It seems as though all the ambu- lances can meet the specifications, but one bidder will Aker hing he believes and maybe the Board believes is a better unit for the town. Mr. Stevens said that the Board is required to take competitive bids and it has to take bids on the specifi- cations. He said that the Board could reject all the bids. The Chairman said he would like to have new specifi- cations drawn up and have them approved by Mr. Stevens. Mr. Tucker sad he would like the Selectmen to ap- prove them. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to reject all bids received for furnishing an ambulance to the Town and further that new specifica- tions be prepared by the Fire Commissioners and Select- men, with advice of Town L'ounse1. Mr. Stevens inquired as tb the Board's thinking in regard to a Special Town Meeting. 386 Town Meeting The Chairman said that the Board would have a meet- ing when the Planning Board is ready, but does not want to have a meeting only for the Cabot, Cabot & Forbes pro- posal. Mr. Adams said that if Mr. Frederic Johnson(s pro- ject is not ready, he did not think the Board should hold up Cabot, Cabot & Forbes. The Chairman asked about the sewer emergency situa- tion at Byron Avenue, Lockwood Road and the project for Itek. He read a report relative to the sewer debt as of June 18, 1958, submitted by the Town Accountant which in- dicated that there is available July 1,1958 $301,189.00. Available surpluses are the Excess and Deficiency, $130,780.36 and the Sewer Assessment Fund, $6,656.28. Mr. Stevens said that the Town debt limit is on any borrowing. The Town can go beyond the limit with permission from the Emergency Finance, but authority must be received before the money is voted. Mrs. Morey said, in reference to a Town Meeting, she would likt to know what the Planning Board is coming up with andasked if the two Boards shouldn't meet be- fore advertising. Mr. Stevens explained that the Planning Board will be advertising next week. Mrs. Morey asked what the earliest date would be for a Town Meeting and Mr. Stevens replied that if the change is in the warrant without the Planning Board report, the Board can have the warrant issued and hold the Town Meet- ing any time. However, it will have to be far enough after their hearing to make it possible for them to make a report. Mr. Stevens retired at 8:35 P. M. Mr. Thomas Aldrich, representing Itek, met with the Board. He reported that Itek started in November with four people and it now has about 350. The Company is concerned with information storage and retrieval, a big word for paper work and handling of it. The Air Force has 9 x 11 negatives that can be put in files, but can't be taken out immediately. This gets into filing, storage and retrieval. Presently they are 1A0% in government business, mostly Air Force. In January this year, the company took over the physical research laboratory at B. U. It took over all personnel, a good deal of equip- ment and it has 70,000 feet at 700 Commonwealth Avenue. He said they thought they would not need a manufacturer for several years but two months was nearer their guess and Vectron was acquired by the company in May. The operation is spread between 700 Commonwealth and the Vectron plant. The lease at 700 Commonwealth will be 1 387 up June lst next year. They have looked at the Greer land and authorized an option which will be up the first of August. The type of manufacturing would be light elebbric, and would be over 20% of their whole effort. Mr. Aldrich said the site has very poor access at the present tirre and the company's interest in it is with the access road going through. He said he doubted if the Federal Government wbuld go along with $80,000 what is wanted for the land. He said if they purchase the land, they feel the access road would enhance the value. Mr. Aldrich said that there is water and the Town Engineer has checked the pressure and given the company a letter to this effect. There is no sewerage and this matter was discussed at the first meeting. He said he has been informed by Mr. Gayer that the sewerage can be run by gravity. The Chairman asked what the company would do if the road did not go through. Mr. Aldrich replied that he could not answer for the Board of Directors. They have to have access through part of Mr. Linnehan's land. Most of the Board has looked at the land and some of them think it is very well located for what they want to do. They are, however, anxious about the sewerage problem and the access roads. It was only this morning that he found there -was going to be any holdup on the access road at all. Mr. Aldrich said he understood Mr. L4nnehan is ask- ing $25,000 an acre for some of the land with no idea of selling it. The Chairman said he would be interested to know what the company thought about using the access from Westview Street. Mr. Aldrich replied that he did not know what the decision would be on it. He thought the odds would be slightly towards going ahead from two points of view. According to the Air Force, there has to be a road going through there. The Chairman asked if he heard anything further con- cerning the area up there and. Mr. Aldrich replied that he has heard nothing. He said he asked about relocation of the road and was told that any change would greatly increase the cost of the road and they couldn't change it. Mr. Aldrich said that Lockwood Green tells them it would cost about $20,000 tp put in a septic tank and this is not anything the company looks forward to at all. He said he would like the Board's views on the sewer question. He explained that the building would be in the neighborhood of 50,000 to 60,000 feet at this planning. It can best be described as a first-class office building with labora- 388 tory space. Mr. Adams asked what this meant in money and Mr. Aldrich replied that he could figure between $15 and 4018 a foot. The Chairman asked if Mr. Aldrich felt this was their starting program, and Mr. Aldrich replied that they feel if things go the way they are going, they will be getting working drawings on something else before they complete this if they do go ahead. He said the program is expand- able to 400,000 feet. Vectron will not satisfy their needs and will have Itek's physical research laboratories plus the system study group plus the administration. All the research and development plus manufacturing would remain in Waltham for the time being. He said they just can't go ahead and put up one beautiful building and move in. They have to cut their needs in half so when the building is done they will be short of space. The Chairman asked if Itek would build whether the road went through or not. Mr. Aldrich said he could only give a personal opinion. Mrs. Morey said that with this held up and the com- pany needing space by next Spring, they would have to go some place else. Mr. Aldrich said that was correct. Mr.Adams said the Board could ask for an appropria- tion for the sewer and not build it until it certain that the road is going in. The Chairman explained that the Board would have to be concerned with the access road in order to sell this to the Town Meeting. The Board would also have to tell Town Meeting that the trunk sewer line would not be installed until the road was made available. Mr.Aldrich said that, figuring the probable assess- ment and probable tax, certainly the sewer would be paid for the first two years. The Chairman referred to theestimate of $200000 for a filter bed and said that the Board would have to arrive at some connection fee for the sewer. Mr. Aldrich said he thought this was nothing more than an indication of the Town's attitude. If the Board felt it would like to have this organization in the Town, here is an opportunity to say so. If however, it would like to be more careful and doesn't care, this is another way of saying so. Mr. Adams said if the trunk sewer goes in, the Board hopes it would be for a number of other people. Mr. Aldrich said he understood that, but Itek reels the day it builds on the land, the land will be worth more, so therefore the whole area will be worth more. 1 1 389 Mr. Adams asked if the company would like to see the sewer go in for about nothing and Mr. Aldrich replied in the affirmative. The Chairman said that the Board does charge better- ments to everyone on laterals. Mr. Aldrich said he thought it was a question of the trunk going in, and going in time to help Itek. The Chairman said that the Board was going to ask the Town to spend a large sum of money for a trunk line sewer fpr a cpncern tUat Is pm t}je fart lest end pf t@e development and the Board would have to know most of the answers. Mr. Aldrich asked about how much the sewer would cost, and the Chairman replied approximately $160,000 to $180,000. Mr. Aldrich asked where the figure came from that was mentioned before, and Mr. Adams replied that it was with a pumping station. The Chairman stated that if the access road goes in, the Town might be in a very good position to get additional industry there. If it does not go in, the Town would not be in a good position and that is why the Board feels it will have to agree not to start the trunk line until it is more certain that the access road is going in. Mr. Aldrich said this just adds an additional hazard to the company going in. On the basis of taxes involved, he thought it was a worthwhile picture for the Town. Mr. Adams asked if Itekts engineer said they could get along with a septic tank, and Mr. Aldrich replied in the affirmative. He said borings have been taken , the land checked and it can be used this way. Mr. James said it was his understanding that all buildings in M1 areas have to be connected to a public sewer, The Chairman asked if there was any particular time limit when more information might be available on the access road, and Mr. Aldrich replied he supposed when the Colonel arrives back from Washington. Mrs. Morey said he should have some support from the Selectmen and the Assessors as to the value of the land. Mr. Tucker asked if light manufacturing would be involved and Mr. Aldrich replied in the affirmative, He said he would be glad to take any member of the Board through Vectron any time. He explained it is not a production plan and almost all of the work is hand pre- cision. They have one item for which in three years they made 3,000 parts. It is a question of both assembly and manufacturing in that case, but there is nothing of 4 nuisance value. 690 The Chairman said they could qualify as light manu- facturing and Mr. Aldrich replied, or watch making. Mr. Aldrich said that they will have a completely closed air-conditioned building. He said that with the little right-of-way that came with the Greer property at this time the property is separated; legally they cannot get across the spur track. Mr. Adams said that first of all the Board would have to know what the story is on the access road. Mr. Aldrich said that the individual actually do- ing the planning of the road is Jenney on the 6th floor. The Chairman explained that at this point a great deal depends on the access road. Mr. Aldrich said he would have to know about the access road in two weeks and the other item he must know about is the sewer. He said if the access road was going through and he had no commitment except the Board's feeling on the sewer, the company would go ahead with foundation plans, but as of this morning, he doesn't know because of the road. Mr. Adams said that the Board would have to have more information on what the status of the latest delay is and he thought the decision on the sewer depended on the road. The Chairman said that the Board would try to in- vestigate this further and he felt sure that the Board is receptive to anything that will help the Town. Mrs. Morey said that if the access road was cleared, the Board could be ready to ask Town Meeting for a trunk sewer in the area to open it up. The Chairman said the Board could ask for funds and agree not to use the money unless the road is built. Mr. Adams explained that trunk sewers are paid for. by the Town and betterments assessed on the laterals. The Chairman said if Mr. Aldrich would keep the Board informed, the Board would try and do the same for him. Mr. Aldrich said he would be glad to receive a telephone call from anyone relative to getting the access road and getting the sewer worked out. Mr. Aldrich retired at 9:30 P. M. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/o pole locations, all approved by Mr. Gayer: Bridge Street, northerly side, approximately 685 feet east of Marrett Road, - One pole. (One existing j/o pole to be removed.) 1 Marrett Road, northeasterly side, southeasterly from a point approximately 750' southeast of Massachu- setts Avenue, - Four poles. Marrett Road, southwesterly side a point approximately 1545, setts Avenue, - Three poles Guy wire and anchor on last southeasterly from southeast of Massachu- .pole. 391 Pole location Concord Avenue, northeasterly side approximately 25 feet northwest of Barberry Road, - One pole. The Chairman read a letter from Mr. William Roger Greeley with further reference to planting on the Com- mon and the Town Office buildings. He had the slide Planting, which Mr. Greeley left with the Board some time ago and Town Offices it was more or less agreed that the shrubs on the Town Offices have grown too large. He said he would like to discuss the subject further with Mr. Greeley if it met with the Board's approval. The Chairman reported that Mrs. Chester Cook, of the Lexington Field and Garden Club, wants two trees removed from Emery Park and replaced with tulip trees. Emery Park Mrs. Morey said she thuzght the park was in very good condition now. She reported that she attended the dedication services and the Garden Club does not want to have any flower beds in the Park. Letter was received from the State Department of Public Works relative to pine trees at the intersec- tion of Massachusetts Avenue and Route 2A. According Trees to the letter, the trees are outside the state high- way location and therefore do not come under the con- trol of that department. It was agreed to authorize Mr. Gayer to have the trees cut down. Report was received from the Recreation Committee relative to Baskin Playground and the North Street pit. The Chairman read a letter from the Board of Health advising that in case of emergency,. persons needing a doctor and unable to contact one in Lexington, should call the Boston Medical Center where an effort will be made to locate the physician. Failing to do so, the Center will send a doctor from as near Lexington as pos- sible. Doctors The Board felt that it would be too time consuming to call Boston for a doctor and agreed to suggest again 392 that the Board of Health make some arrangement with the Lexington doctors to provide better coverage for the Town. It was also suggested that the Board of Health contact the President of the Lexington Doctor's Association. Letter from the Board of Public Welfare relative to a change in salary for Miss Crosby, now a Senior Salary Clerk, was held over. It was unanimously voted to approve Miss Crosbyts salary at the rate of $3120 per year. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to appoint Ralph I. Dale a Special Police Special Officer in the Town of Lexington for a term expiring Police March 31, 1959. Mr. Dale's name was left off the original list. Upon motion duly made and seconded, it was voted License tog rant a license. to Ann Gustin, 50 Bloomfield Street, to be a guide within the limits of the Town. Mr. Adams referred to Depot Square Road and said if it is to be a loading space for Builders Supply, they should pay for it. He said the road is ruined Depot Square because traffic cannot go through because of the trucks. Road He suggested that the ramp be cut down or else they One Way use an entrance from Meriam Street. Mr. Adams said it should also be made one way out from Depot Square to Meriam Street. Mrs. Morey suggested that the Board look it over. Mr. Adams reported that the Traffic Committee has a meeting scheduled for Thursday. Mr. Adams inquired about the status of the Town Accountant. The Chairman reported that he went to the Civil Accountant Service Board and was told that in 1957 and 1958 only one individual passed the examination for Town Account- ant. Civil Service has promised to keep him posted. Mr. Adams said that either the present accountant shod)d be re -appointed or continue as he is. Mrs. Morey read a letter from William R. Page, 8 Locust Avenue, with reference to the Great Meadows. Mr. Page would welcome the opportunity to serve on any corn - Great mittee which the Board may decide to establish for the Meadows purpose of getting information that would help on a decision regarding action to be taken in respect to the Great Meadows. 1 Names mentioned to serve on such a committee were William Roger Greeley, Henry Duffy, William R. Page and Max Straw. It was decided to advise the Planning Board that the Selectmen are considering appointment of such a com- mittee and before doing so, would like an expression of opinion from that Board. Mrs. Morey reported that the Traffic Committee would like the Board to send a letter to the Lexington Savings Bank asking permission to install curbing in front of the alley between the bank and Durand's. Mrs. Morey reported that Chief Rycroft would like to move the bus stop from in front of Douglass' funeral parlor back towards the library and put meters in front of Douglass'. The meeting adjourned at 10:35 P. M. A true record, Attest: tivv. Cler4c, Se14`ctmen. 61 393 Curbing 394 SE LE C TM N ' S MEETING July 14, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 14, 1958, at 7:30 P. M. Chairman Maloney, Messrs. Tucker, Adams, James and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. At 7:30 P. M., hearing was declared open upon petition of the Boston Edison Company and the New Eng- land Telephone and Telegraph Company for permission to locate one hip guy and anchor on Massachusetts Guy and Avenue east of Bow Street. Guy and anchor Mr. Mahon, representing the Boston Edison Company, anchor location and Mr. Viano, of the Viano Trust, were present at the location hearing. Mr. Viano stated that the petition had been ex- plained to him and he had no objection. Mr. Viano retired. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following guy and anchor location: Massachusetts Avenue, northerly side from a pole located approximately 175 feet east of Bow Street, - One hip guy and anchor. Mr. Mahon presented an instrument for the Chairman to sign, granting the Boston Edison Company permission to lo - Pole cate two poles at the rear of the new Police Building. Pole locations Mrs. Morey asked if the steps would be illuminated locations and Mr. Gayer replied that these poles would help, but additional poles may be needed later on. The Chairman was authorized to sign the instrument and Mr. Mahon retired at 7:40 P. M. Chairman Marek, Messrs. Clark, Steele, Fenn and Brown of the School Committee, Chairman Richards, Messrs. Blaisdell, Shaughnessy, Colony and Palmer of the Ap- propriation Committee met with the Board. Supt. of The meeting was requested by the School Committee Schools and Mrs. Marek said she believed everyone knew that the Superintendent of Schools had resigned. She said the School Committee recognizes that it is its problem and responsibility to find a successor, but the members felt 1 095 that the three Boards were concerned and she thought everyone would like to know the Committee's thinking. She explained that the School Committee knew Mr. Smith had received an offer from Greenwich and knew for some time he had been recommended for the position by Harvard and there was pressure for him to take the posi- tiona The School Committee has known for some time the Superintendent's salary was too low for the job he was doing and the job that has to be done in Lexington. The Committee had established the salary as of Septem- ber 1, 1958 and felt it would like to reconsider it and do all it can to see if Mr. Smith could be enticed to stay. Therefore, the Committee voted to raise the Superintendent's salary to $15,000 as of September 1, 1958. The Committee felt that it would make it pos- sible for Mr. Smith to reach his decision on the basis of the professional aspects of the two jobs, but the Committee could not meet the salary offered in Green- wich. She reported that Mr. Smith was offered a three- year contract; $18,000 the first year, $ 19,000 the second year and $20,000 the third year at which time he goes on tenure. It was d difficult decision for him to make. Greenwich has a school population of 8,300 as against Lexington's 5,077. Greenwich has about once and a half the school population, almost twice as many teachers and three times the budget, a $6,000,000 bud- get. Mrs. Marek said the problem is to find someone with training, experience, imagination and initiative to replace Mr. Smith. The Committee's thinking is that the job in Lexington at the present time requires a person fully trained and with considerable experience, and it would not be to the town's advantage to have a less experienced person. The Committee will have to pay for it. Mrs. Morey asked what the Committee had budgeted and Mrs.Marek replied $12,500. Mrs. Marek said the salary was $10,500, goingto $12,500 next year and the Committee raised it to 15,000. Mr. Clark explained that the Committee had increased teachers' salaries a very sizable amount this past year. In looking at the .uperintendent, the Committee felt there should be a strong increase there too and some felt a $2,000 increase was a very good one. However, they were scared off and decided to make another adjustment next year. He said it was lower than it should have been. He said the Committee is looking for advice on how it was taken care of last time. He said that the final decision of course would be made by the School Committee. Mrs. Morey said six years ago, the salary was brought ' 396 up to $7,000 but the Appropriation Committee was told that it did not mean the School Committee would pay the new man at that figure and she supposed the same pro- cedure could be followed. She said she thought the Com- mittee should talk $12,500 and keep the $15,000 quiet. Mrs. Marek said the Committee does not feel it needs to mention $15,000, but her own personal feeling is that the Committee will not find the type of person it wants for less. The Chairman said that the people in Connecticut had organized a group to select the best man they could find and were paying the best salary any place in the country. He said coming to Lexington would probably be a good thing for any Superintendent of Schools, as in the years Mr. Smith has been here, he has grown ih stature. He said the price factor is not all important, and he thought there are many fine people who would want to come to Lexington. Mrs. Marek said Lexington is in a leadership posi- tion. Mrs. Morey said she thought the Commissioner of Educa- tion in Massachusetts received $13,000. Mr. Steele said the Committee held the line at $2,000 increase when the feeling was that maybe it should have been more. He asked if the Committee had gone higher, would Mr. Smith have considered leaving. If the Committee feels justified in going beyond the $12,500, that is the reason for the meeting. He said it is not just a School Committee problem. The Chairman said he thought the Committee should attempt to attract the man interested in bettering him- self and not only thinking in dollars and cents. He said in analyzing the situation, Mr. Smith wanted to become a bigger man in the educational field and he probably would have considered the position for less money. He said the Committee should get applicants interested in the position and not in the money. Mrs. Marek reported that Greenwich approached forty graduate schools and asked them to nominate two people as outstanding graduates and then employed three people to act as a screening committee. This committee of three narrowed the forty to eight and then the Greenwich School Committee interviewed the eight and got it down to two. Mr. Smith was their unanimous first choice. Mrs. Marek said that Mr. Smith leaves officially the first of September, but he assured the Committee that he feels responsible for the opening of the schools and will be here through the opening. The School Committee andAppropriation Committee re- tired at 8:00 P. M. 1 Request was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four anchor guys and six poles on Sedge Road running from Hathaway Road. Upon motion duly made and seconded, it was voted to grant the request and sign the instrument submit- ted by the telephone company. The Chairman read a letter from the Board of Health advising that a meeting will be held on Thursday evening at 8:30 P. M. in the Selectmen's room for the purpose of discussing plans for obtaining serdices of physicians Doctors for emergency cases during weekends and holidays. The Board of Health would like a representative from the Board of Selectmen present at the meeting. Mr. Adams agreed to represent the Board. The Chairman read a letter from Mr. Snow in regard to the suggestion made by the Selectmen that a committee be appointed to investigate the advisability and possi- bility of acquiring the Great Meadows dnd for what pur- pose. Mr. Snow is working on an overall park and re- creation plan, and he would like an opportuni4 to com- plete and present the plans for the consideration of all before the Selectmen appoint the committee. In reference to the Baskin Playground and North Street -Vine Brook Recreation Area plans, Mr. Snow said he expects to ask the Recreation Committee, Planning Board and Selectmen for a joint meeting in August to review detailed plans and proposals for the playground. The Chairman read a letter from Mr. Carroll, Town Clerk, in reference to additional voting machines. Voting A copy of the communication is to be sent to Mr. Machines Stevens who will write to the Automatic Voting Machine Company. Mr. Stevens requested authority to settle a claim of Marilyn Hamilton for $50. She was driving on School Street and met Anthony Mongelli, of the Public Works De- partment, coming in the opposite direction. She. stopped Claim and he went ahead, and her car was creased by the equip- ment being carried. The lowest estimate was $50 and she has signed a release. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted tor_authorize Mr. Stevens to settle the claim for $50‘ 397 Pole and guy locations Baskin & North St. play areas Mr. Stevens said he had prepared an Order of Taking of a slope easement on land of Sam Press on Concord Avenue, in connection with the reconstruction of Con- cord Avenue. Mr. Adams asked what effect it would have on the bid and contract if the Board of Selectmen decided to narrow the road from 1t to 281 or move the road Slppe over a couple of feet in an effort to save the trees. easement Mr. Stevens explained that it is on a unit price and there would be no difficulty as long as it is worked out with the State. He explained that the ease- ment must be recorded within thfrrty days but he will nob record it until advised by the Board. He said it becomes effective only upon recording. Mr. Stevens referred to temporary amendments to Traffic Rules and Regulations and stated that it would Traffic seem easier to adopt amendments on a permanent basis Rules & and then if the Board doesn't like them, they can al - Orders ways be rescinded. Mr. Stevens referred to tax title lot 38 Grape- vine Avenue, presented a plan and pointed out that the lots in the area are fifty feet. He said he as- sumed they are buildable lots, and this particular one cannot be combined to the adjoining lots because Tax title the purchaser does not own them. He asked if he was to prepare the deed restricting the lot against any building. Mr. James said he thought the Board should take the man at his word. He said he wanted ix use the lot as a nursery and if so, there would be no need for a restriction. Mr. Adams said he thought Mr. Gibbs, the pur- chaser, should be told that the lot will be restricted. Mr. James agreed to contact Mr. dibbs relative to restricting the lot to no buildings. Mr. Stevens reported that he had met with two members of the Board of Fire Commissioners relative Ambulance to the ambulance specifications, and asked what the specifica- Board wanted him to put in the specifications. tions Mr. Adams said there should be a meeting with womeone present from the Fire Commissioners, Board of Selectmen and member of the Fire Department. Mr. Stevens said the bids should go out from the Selectmen but not necessarily on Selectmen's stationery. They could be on plain paper. It was agreed to meet Wednesday night at 8:00 P. M. and advise Mr. Sheldon, Chairman of the Com- missioners, and suggest that the Chief or Deputy Chief be invited to attend the meeting. 1 The Chairman read a letter from Angus McIver, 30 Pollen Road, requesting 'slow children" signs on both sides of Follen Road at #30 and #33. Mr. Gayer said he had not looked at the area yet but will this week. The Chairman read a letter from Denis Fullerton re- questing extension of sewer to service his house at 2400 Massachusetts Avenue. Mr. Fullerton stated that his_ has done all he can and has a letter from the Health Depart- ment giving him seven days to abate the nuisance. The Chairman asked if Mr. Gayer thought this was a serious project and he replied in the affirmative. Mr. James asked about the distanc:, and Mr. Gayer replied that he thought it was 100 to 150 feet. Mrs. Morey said Mr. Fullerton should be reminded that he is to submit a petition and the Chairman asked who would sign it for him. Mr. James explained that in a situation such as this a petition does not help much. Mr. Gayer was requested to find out what the exten- sion would cost. Mr. Gayer said he sent a letter to the Recreation Committee asking them, in view of the discussion by the Board and Planning Board relative to Worthen Road, if they desired to have the track repaired, to check with the two Boards. Today Mr. Samborski told him to go ahead and repair the track. Mr. Gayer told him he would do it when he received a written order from the Selectmen. Mrs. Morey reported that she talked to Mr. Samborski the other day and he said the track needs some work done now. The Planning Board can tell the Selectmen tonight when Worthen Road is going in. She said the budget was reduced from $5,000 to $2,000 and asked why something shouldnt t be done. Mr. Gayer said that amount includes a new piece of track. Following a meeting later in the evening with the Planning Board, Mrs. Morey agreed to contact Mrs. Wan- less. Mr. Gayer said he could fix same as he has done each year. Mr. Gayer presented bids lows: the track surface the on a stump cutter as fol - Abbott Spray & Farm Equipment Co. Vermeer Mfg. Co. Hartney Spray Corporation $3,450.00 3,239.10 3,050.00 399 Signs Sewer Track Center Playground Stump Cutter 400 Mr. Gayer said he recommended the machine built locally as it meets the specifications and is the low bid. Upon motion of Mr. Adams, seconded by. Mrs. Morey, it was voted to accept the bid of $3,050.00 submitted by the Hartney Spray Corporation. Mr. Brucchi met with the Board at 9:15 P. M. to discuss enforcement of theSunday Blue Laws and re- tired at 9:40 P. M. The Planning Board met with the Selectmen and Mr. Stevens returned to the meeting. Mr. Grindle said there were four items to discuss. The P' .anning Board has had considerable discussion with Mark Moore on the Burhham property. The Planning Board Planning asked for extra land to tie in with its recreation area, Board On the second part of the development, he has turned over five acres to the town and there is also a con- troversy on the road, The Planning Board feels it should recommend to the Town that Mr. Moore be re- imbursed $5,000 for the land he turned over. The road would be a different proposition. Mr. Stevens asked if Mr. Moore had turned the land over to the Town and Mr. Grindle replied in the negative. Mr. Grindle said that there is a bridge going across Vine Brook which Mr. Moore was going to build. Mr. Gayer thinks it should be 70', the old width of the taking, Mr. Moore feels if he has to build a 70' bridge, he shouldte reimbursed for the difference between the cost of the 50' and the 70' bridge. Mr. Adams stated that this is not a bridge. Mr. Snow explained that is is a box culvert. The Chairman asked if the Planning Board felt Mr. Moore should be reimbursed by the Town and Mr. Grindle replied in the affirmative. Mrs. Morey:said the Planning Board wouldn't need the money before September and she thought it would be desirable to acquire the additional land. Mr. Jaquith said the Planning Board told Mr. Moore he would have to wait until March for the $5,000 on the bridge. He wants to go ahead and would like to know the Board's feeling. The Chairman said the Board is in sympathy with the program. Mr. Stevens pointed out thatit is Mr. Moore's bridge until such time as he turns it over to the Town. Mr. Soule said the 70' road is the Planning Board's idea and Mr. Moore wants the Town to pay the difference be- tween the 50' and 70'. The Planning Board doesn't think he should bear the entire cost. Mr. Snow presented plans and discussed the Planning Board's proposals for Worthen and Emerson hoads and a 1 401 possible development of a recreation area in the vic- inity of the Harrington School. With regard to the revised proposed location of Worthen Road, Mr. Snow presented a letter containing twelve recommendations. It was mentioned that funds for engineering work could be requested at a Special Town Meeting. The Planning Board and Mr. Stevens retired at 10:40 P. M. Upon motion duly made and seconded, it was voted to sign the following Certificates of Incorporations, satisfactory character references having been, received Cert. of Inc., from the Chief of Police: Irving Rothman, 8 Demar Road - Ethical Society of Bostnn, Inc. Chester Lidberg, 92 Adams St. - Cambridge Congregation of Jehovah's Witnesses Inc. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of the Town of Lexing- ton adopted by the Board of Selectmen, October 7, 1935 and subsequent amendments thereto, be and are hereby further amended by adding at the end of Article V, Sec- tion 2A, the following: No person shall park vehicle between the hours of 4:00 P. M. and 6:30 P. M. on Mondays through Fridays on the north- easterly side of Massachusetts Avenue between Depot Square and Meriam Street. by adding in Article V, Section 9, at the end of the description of the metered zone on Massachusetts Avenue, the following: except that parking is prohibited on the northeasterly side between Depot Square and Meriam Street between 4:00 P. M. and 6:30 P. M. Mondays through Fridays. Letter was received fromthe Board of Trustees of Cary Memorial Library requesting that Medardo Collina, recently appointed an assistant custodian, be appointed a Special Police Officer. Upon motion duly made and seconded, it was voted to appoint Medardo Collina a Special Police Officer in the Town of Lexington for a term expiring March 31, 1959. Traffic Rules & Orders Special Police 402 Letter was received from John J. Garrity, advising that Dean Bandes, 41 Meriam Street, has passed a guide's test and in his opinion qualifies. License Upon motion duly made and seconded, it was voted to grant jerm.ission to Dean Bandes to be a guide within the limits of the Town of Lexington for a period expir- ing July 14, 1959. Upon motion duly made and seconded, it was voted to adopt the Jury List for 1958. Upon motion duly made and seconded, it was voted Sewer to adopt the following Sewer Orders: Orders Eldred Street from Justin Street a distance of 1275' northeasterly to Grove Street; Ellis9n Road from Leroy Road a distance of 865' = northerly; Greenwood Stre,t from Paul Revere Road a dis- tance of 970' - northerly and easterly; Leroy+Road from Marrett Road.a distance of 360' - northeasterly and easterly; Roosevelt Road from School Street a distance of 665' - westerly; Winthrop Road from Sherburne Road easterly 215' + Upon motion duly made and seconded, it was voted to adopt the following Water Orders: Allen Street from Stedman Road a distance Water of 1150' ± southeasterly; Orders Eldred Street fromJustin Street a distance of 1275' - northeasterly to Grove Street. Letter, together with drawing, was received from The Theodore Schwamb Company, offering to furninh one table for the Selectmen's Room for the sum of $422.00. Selectmen's Upon motion duly made and seconded, it was voted Table to accept the offer and authorize Mr. Nickerson to pro- ceed with the manufacture of the table in accordance with the drawing submitted. The Clerk reported that Mrs. Charles Forrester, 1 11 Parker Street, telephoned profanity of people who come in cars late at night. The Chairman agreed to the Chief of Police. relative to the noise and to the Center Playground discuss the subject with The meeting adjourned at 11:15 P. M. A true record, Attest: 6,6" Sce c tive 1Hle rk, Sele ct, 403 Complaint 404 Jurors Borrowing Police Woman SELECTMEN'S MEETING July 28, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Bdilding,, on Monday evening July 28, 1958, at 7:30 P. M. Chair- man Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Worksand the Acting 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 G. Ruge, 50 Hill Street, Charles G. Esterberg, 10 Barrymeade Drive, Robert E. Thompson, 1L1. Normandy Road. Letter was received from James J. Carroll, Town Treasurer, advising that it will be necessary to bor- tow $500,000 in anticipation of taxes, payable the first of December. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to arrange for a loan of $500,000 payable December 1st. Mr. John W. Rycroft, Chief of Police, met with the Board at 7:45 P. M. He introduced Mrs. Jeanette Berube, 581 Lowell Street, to the Board, and said he had picked her for school duty at East Street and Adams Street, as there is a vacancy at Fiske School, where her child goes. Mrs. Morey asked how rugged she was, when the heavy show and rains came, and she replied if the children could take it, she could. Chief Rycroft and she retired. Upon motion duly made and seconded, it was voted to appoint Mrs. Jeanette Berube a Woman Police Officer for School Traffic Duty, appointment to take effect in September upon the opening of Schools. Mrs. Morey asked if it was necessary for her to have a physical examination as a part time worker, and the reply was that they never have. Mr. Stevens said they are not in Civil Service, and the Chairman replied that it might be something to look into. Mr. Stevens said if anything happens to them, he didn't know if the Town would be able to pay them sick 1 leave, as they only get paid when they work. Mrs. Morey said that was the reason that she had a question about a physical examination. Some are more susceptible to•colds than others, and they say they can take it. Mr. Stevens said he had prepared an Order of Taking for a Slope easement, on the northeast side of Lowell Street in connection with the construction of a side- walk, and it runs from a maximum of 5 feet to a minimum of 3 feet. Mrs. Morey said she thought the sidewalk was on the other side and Mr. Stevens replied that he was pretty sure this had been requested by the State. Mr. Gayer replied that the Town requested it of the State last year. Mr. Stevens brought up the subject of a Town Meeting and it was said that if we have a Town Meeting, we have to have it the Monday before Labor Day. Mr. Maloney said we would cooperate if we have to. Mrs. Morey said to see what the Planning Board has in mind and maybe they would want to meet with the Board. Mr. Stevens said he would take care of finding out from the Planning Board. Mr.Stevens retired at 8:00 P. M. to attend am - other meeting. At 8:15 P. M., Mr. Wayne Sharpe, 20 Flintlock Road, met with the Board relative to his water bill which was excessive. They have lived in Lexington ten years and this is the first time they have had such a bill. He brought several bills with him; he hadn't kept all of his bills, just a few of them. It usually averages $18 to *20 in summer, less in winter. They have used the same amount of water all the time, this last quarter was $111, and he felt they wouldn't use that amount. *hen the meter was checked, they took it out and put in a new one. Since the new meter was put in it reads 567 cubic feet. It was on 00 when it was put in and was installed the end of June. The Chairman and Mr. Gayer looked at the bills and Mr. Gayer said he would have to have the record in order to do anything about it, and that he would cheek it in the morning. Mr. Sharpe said that readingwould be $1.25 roughly andMr. James replied $1.0, Mr. Maloney said there wasn't much they could do until Mr. Gayer traces this through. 405 Order of Taking Slope Ease- ment Town Meeting Water Bill 406 Mr. Sharpe said they had never had a bill anything like this one and they had been in this house for three years. Mr. Gayer said of course something could have happened and there could have been something wrong. It is hard to know. Mr. Sharpe said there had been blasting at the house next door and he wondered if it could have jumped the meter, but Mr. Gayer replied in the negative. Mr. Adams asked when the blasting was done, and Mr. Sharpe replied that there was construction next door, , but there was someone in his house all the day long. The Chairman said that Mr. Gayer would look into this matter a little further andsee what could be done. Mr. Sharpe said they used more water a year ago and this year, they have done no watering at all. He said anything the Board does will be appreciated. Mr. Sharpe retired. Mr. Gayer said he couldntt explain it, and Mr. Adams said that the blasting stuck in his mind. Mrs. Morey brought up the subject of Garbage col- lection twice a week, and asked if there was any way the collections could be increased at this time. Mr. Gayer replied not unless you advertise and Garbage ask for a new contract. Collection The Chairman said everyone he talked to feels they are getting good garbage collection. Mr. Gayer said they have had fewer complaints than at any time since he had been here, and they were docking the contractor for all the misses, which he did not like, but it was in the contract and they were enforcing it. They still get five or six calls a day. Mrs. Morey said one woman told her it had never been so good. She also remarked that corn would be coming in, andshe felt the stores should sell larger garbage containers. Letter was received from the Mystic Valley Gas Company requesting permission to extend a 2" high pressure gas main from #26 to #31 Curve Street, for Permit the purpose of supplying gas to #31. The request was granted subject to the provision that the work be done in accordance with the specifi- cations and requirements of Mr. Gayer, Superintendent of Public Works. Sealed bids for an ambulance were opened by the Chair- man. Representatives from the companies were present. 1 The bids received were as follows: Miller -Meteor Sales of New England, Inc. 1958 M -M Cadillac Ambulance with allowance of trade-in, Less Federal Taxes Superior Funeral Coach Sales, Inc. 1958 Superior Cadillac Ambulance '48 Headroom Less Federal Taxes Less allowance '51 Cadillac Final price delivered Lexington I. W. Douglas Company Cadillac Commercial Chassis delivered Less Federal Taxes Municipal Discount and Allowance for 1951 Ambulance x-07 $ 6,500.00 Ambulance Bids 11,780.00 600.00 11,180.00 180.00 7, 00.00 12,888.00 700.00 12,188.00 _422 5.00 Net The Chairman said that these bids would be taken under ad- visement. The letter from the Commonwealth of Massachusetts, Department of Public Works, relative to Lexington Traf- fic, copies of which had been previously sent to members of the Board, was discussed. Mr. Gayer reported there were some changes made at the meeting of the Traffic Study Committee held on July 24th. Page 3, where it says: "By adding at the end of Article VIII, Section 19 the Pol- 1 owi ng : (b) A driver of a vehicle shall make a right turn only from Clarke Street onto Massachusetts Avenue between the hours of 4:00 P. M. and 6:30 P. M. so that they would agree with our limited parking. This is for a 60 day trial period. Mr. Board. Mr. and Mrs . of North Adams said permission should be granted by the Gayer spoke of the parking on Bedford Street Morey said it should be to Valley Road instead Hancock Street. Traffic 408 Letter was read by the Chairman from the Common- wealth of Massachusetts, Department of Public Works, relative to Concord Avenue being narrowed to 281 from 30'. It was moved and seconded to send a copy of the Concord Ave. letter to the abutters. The Chairman read a- letter from Mr. Gayer, rela- Bids for tive to the 1958 street construction. proposal to be Street Const.published in the Lexington Minute -man. Bids will be opened August 4th at 5 P. M. in the Selectmen's Office. The letter from Denis Fullerton with regard to sewer at #2400 Massachusetts Avenue was held over. Mr. Gayer showed a plan with regard to the loca- tion of the sewer and said W.:shouldg o to the next manhole, a distance of 2101. If they hit ledge, it Sewer will cost plenty. The Chairman asked if we could get borings, and Mr. Gayer replied in the affirmative. The Chairman said to take a few borings andsee what they caste up with. Mr. Gayer said it would relieve five houses and they could probably get Joe Pitt to carne in and make the borings. Mr. Gayer is to report further on this matter. Letter from Ruth Johnson, 45 Grote Street, rela- tive to a deferment of a water betterment assessment in the amount of 11.4.0 was read by the Chairman. Upon motion duly made and seconded, it was voted Water to extend time of the above payment until said land 'Betterment or any part thereof is built upon, sold or until Assessment 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. Letters from Arline K. Morrison, 13 Bedford Street and Helen E. Ryan, #10 Bedford Street, copies of which had been sent to the Board previous to the meeting, Traffic were discussed at length. Bedford & Mr. James said there is no half -way solution Hancock Sts. there. Mr. Tucker suggested signs "Historic Area -- Heavy Pedestrian Traffic". Something like this might attract more attention. Mr. Adams spoke of painted pavement signs. Mrs. Morey brought up the subject of the curbing at Dur.and's, and Mr. Gayer said it had been attended to. lone 20. 1 409 The Chairman read a letter from Paul F. Bartel., relative to the vacancy on the Board of Public Welfare. Vacancy Mr. Maloney agreed to contact Mr. Bartel".. Letter was received from Mr. Snow, together with a plan of'John W. Baskin Playground. The Chairman showed the plan to members of the Board and it was agreed to notify Mr. Snow to get an estimate of costs. Mr. Gayer asked that Mr. Snow notify him and let him get the estimate. Mr. James said to instruct Mr. Gayer to get the estimate. The Chairman inquired if it could be gotten right away and Mr. Gayer replied that he would report to the Survey of Board before he does it, and Mr. James said to report Baskin Play - to the Chairman. ground area Mrs. Morey said that we didn't want to spend $1,000 if it wasn't necessary. Mr. Gayer reported that granite markers cost $20 each and if you put them in, you might as well put them in right. The Chairman asked that he do it right away. Upon motion duly made and seconded, it was voted to renew the license of James P. Connell, 55 Forest Street, to be a guide within the limits of the Town of Lexington for a period expiring July 28, 1959. Mr. Adams suggested that as these guides represent Lexington, he felt they should have some ceremony, and Guide license thought they should come before the Board to receive their licenses. Mr. Tucker felt it was a fine idea and the Board agreed. The Chairman said that in the future all guides shoulyd appear before the Board to receive their com- missions, and Mrs. Morey suggested that all of the guides come in at some future meeting, those who had previously received their licenses as well. The Chairman read a letter from Henry Flynn, 26 Bird Hill Road, relative to the street signs on Bird Hill Road and Davis Road. These signs have re ver been taken down. The Chairman said if we change the names of the streets, we are obligated to change the signs and asked Mr. Gayer if he had checked into it. Mr. Street Signs Gayer replied in the affirmative. Mrs. Morey inquired if someone could paint over the signs and the Chairman asked if the posts were wooden. Mr. Gayer replied that f new sagslere stamped steel. 410 Deed Appointment Willard Forest Committee Doctors The Chairman inquired how long it takes to get a sign and Mr. Gayer replied that it is all over Town, not just one. The Chairman said it should have been done Aaen the names of the streets were Banged. It was suggested that the names be stenciled, and Mr. Gayer replied that if you did it for one, you would have to do it al over town. The Chairman said wherever a sign is changed, we are obligated there. Mr. Tucker asked how many streets have we changed the names of, and Mr. James replied ten or twelve. - Mrs. Morey said we can replace the signs, otbeP- wise we shall put up new ones. The Chairman asked what are we doing in regard to new detelopments and Mr. Gayer said they are putting up the posts which is a big job and we are putting up the signs. The Chairman replied that he th ould put up all he could. Upon motion made and seconded, it was voted to sign a deed, prepared by Town -Counsel, conveying Tax Title Lots 187 - 190 Hillcrest Avenue to Joseph F. and Gloria Fitzgerald, #32 Hillcrest Avenue, the deed to be recorded within the next week or tens'days. The Chairman read a letter from Mrs. John B. Smith, Secretary, The Lexington Field and Garden.Club, requesting the Board to appoint a club member for the Committee to administer the development of Willard Forest. Mr. James suggested that the Board advise Mrs. Smith at such time a committee is formed, it will con- sider their request. The Chairman reed a letter from R. L. McQuillan, Chairman of the Board of Health, advising that the Health Department has decided to employ the local tele- phone answering service for reaching doctors in emergency cases. In an emergency, a citizen should call the Police Department, Fire Department or Telephone Supervisor, who will call the service and a doctor will be contacted by them. Upon motion duly made and seconded, it was voted to sign Sidewalk Orders for Bernard Street.as follows: BERNARD STREET Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 17, 1958, adjourned to the 24th da of March, 1958, and adjourned to the 31st day of March, 1954, duly adopted under Article 22 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 $25,000.00; and to provide for payment therof 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 elect- ed 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 conven- ience requires the establishment of a sidewalk on the South Easterly side of Bernard Street from Bedford St. North East- erly 104.21', and it is therefore: ORDERED that a bituminous concrete sidewalk be construct- ed on the South Easterly side of Bernard Street from Bedford St. North Easterly 104.21' 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. Witness our hands at Lexington aforesaid this twenty- eighth day of July, 1958. /s/ Ruth Morey Alan G. Adams Raimond W. James 411 Majority Board of Selectmen 412 MacNeil Water & Sewer Truck Bids COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. July 28, 1958 Then personally appeared Raymond W. James, Alan G. Adams and Ruth Morey, and severally acknowledged the foregoing in- strument 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. /s/ James J. Carroll Notary Public My commission expires. Mar. 7, 1959 Owner as of January 1, 1958 SCHEDULE OF ESTIMATED BETTERMENTS Rsr'J'HRED TO IN THE FOREGOING ORDER Lot No. Clara E. Bunzel 22-A Frontage Assessment 104.21 104.21 The Clerk reported that Mr. John MacNeil telephoned relative to his water and sewer betterments. This matter will be referred to Mr. Stevens, Town Counsel. Truck bids were brought in by Mr. Gayer. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to pur- chase a Reo truck, 46,000 pounds gross weight, from Truck Center, Inc., 1033 Mass. Ave., Boston 18, Mass. Mr. Gayer submitted bids for a Front End Loader, which were opened on July 21, 1958, as follows: 1 413 H. F. Davis Tractor Co. Model OL 200 Delivered 14,745.00 Backhoe 3,175.00 Terms 2% 10 days 17,9 0.00 Morrissey Brothers Tractor Company Model TL 16 Tracto-Loader 17,650.00 Terms 1% 10 days Clarke -Wilcox Company Model 85A 13,375.00 Bids for Model 125A 16,375.00 Front End Backhoe 3,950.00 Loader Pasco Equipment Company Model WV Net 15,225.00 Shanahan Equipment Model 175 19,995.00 E. J. Bleiler Equipment Co., Inc. Model 154 350 Backhoe Terms 1% 15 days Upon motion duly made and seconded, it was voted to purchase the Front End Loader from E. J. Bieiler Equip- ment Company, Needham Heights, Mass. 15,470.00 2,415.00 Meeting adjourned at 9:55 P. M. A true copy, Attest: Acting Clerk, Selectmen. 414 SELECTMEN'S MEETING August 11, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 11, 1958, at 7:30 P. M. Chair- man Maloney, Messrs. James, Tucker and Adams were pre - sett. Mr. Stevens, Town ounsel, Mr. Gayer, Superintend- ent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New rangland Telephone and Telegraph .Company for permission to locate two poles on Burlington Street. Mr. Mahon, representing the Boston Edison Company, and Mr. Frank Graziano, 187 Burlington Street, were pre- sent.at the hearing. Mr. Mahon explained the proposed locations and Mr. Pole Graziano said that he had no objections. location The hearing was declared closed and Messrs. Mahon and Graziano retired. Upon motion of Mr. Adams, seconded by Mr. Zucker, it was voted to grant the petition and sign the order for the following j/o pole location: Burlington Street, southeasterly side, northeasterly from a point approximately 110 feet northeast of Graham Road, --Two poles. (One existing j/0 pole to be removed.) The Chairman read letter from Mr. Stevens to Howard B. Butler, Scout Executive, relative to the Boy Scout property on Grant Street. Mr. Stevens explained to Mr. Butter that the Seleet- Scout men are in a position where they can convey to the Boy property Scouts such part of a small strip of land that lies op - Grant Street posits the scout property but they cannot convey any land lying between the scout property and said strip of land. The title to this intervening land can only be determined through a title examination which he thought either the Boy Scouts or a prospective buyer would want to make. Petition was received from the Boston Edison Company and the New England Telephone and telegraph L'ompany for permission to locate one pole on Summer Street. Mr. Gayer approved the proposed location, the existing pole to be removed for sidewalk construction. 1 415 Upon motion of Mr. Adams, seconded by Mr. James, it was voted to grant the petition and sign the Order for the following j/0 pole location: Pole Summer Street, southwesterly side approximately location 745 feet southeast of Lowell Street, -- One pole. (One existing j/o pole to be removed.) Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Summer Street. Mr. Gayer approved the proposed location, the existing pole to be removed for sidewalk construction. Upon motion of Mr. James, seconded by Mr.Tucker, it was voted to grant the petition and sign the Order Pole for the following j/o pole location: location Summer Street, southwesterly side at Haskell Street One pole. (One existing j/o pole to be removed.) The Chairman read a letter from Whitman and Howard, Inc., written to Mr. Gayer, relative to the bids re- ceived on Monday, August L, 1958, for street work in the Town of Le±ington, Contract No. 11. The Board considered the bids and determined that the Shamrock Construction Co., Inc. who submitted the lowest bid was not qualified as it did not have the Bids on equipment or the financial resources to carry out the street work and the Board therefore rejected the bid, and re- work turned the certified check. Upon motion duly made and seconded, it was voted to award the contract to Joseph Lazard, Inc., as the lowest, repponsible and eligible bidder in the amount of $220,085. At 7:45 P. M., hearing was declared opon upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate on j,lo pole on Massachusetts Avenue. Pole Mr. Mahon, representing the petition, was the location only person present at the hearing. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to grant the petition and sign the Order for the following j/o pole location: Massachusetts Avenue, southwesterly side approxi- mately 320 feet northwest of Lisbeth Street, -- One pole. (One existing j/o pole to be removed.) Mr. Mahon retired. 416 Mr.Stevens referred to the Willard property which the Town voted to acquire and said that this was the land on which it was necessary to have a plan, and he Willard expects to receive it the end of this week. The Board property extended the time for passing papers until September 1st, However, the time is too short and therefore he prepared an instrument for the Boardts signature ex- tending the time to September 18th. The Board voted to sign the ire trument and all copies were taken by Mr. Stevens. Mr. Stevens said that it seems ftohim all the Board can do on the Town Meeting is to set a date and then make sure everyone is in agreement as to what is in the. Town warrant. He said that the earliest date, it seems to Meeting him, would be the fifteenth of September and if the warrant is signed on August 25th, thatis just three weeks. The Chairman said that it might be better to have another week, and Mr. Stevens reported that he talked to the attorney and they would feel badly if the meeting was held a week later. They would like very much to have the Town try for the fifteenth. It was agreed to establish September 15, 1958 as a tentative date for the Special Town Meeting. The Chairman read a le tter from Arthixr E. Bryson, Water Jr., 41 Fair Oaks Drive, Town Meeting Member in Pre - Booster tinct 4. He referred to Article 2 in the Warrant for Pumps the May 12, 1958 Town Meeting, concerting installation of water booster pumps in certain high areas of the town andasked if this article could be brought up at the next Special Town Meeting. Mr. Gayer reported he is meeting with Mr. Bryson and a group from that area. The Chairman read a letter from the Mystic Valley Gas Company relative topproposed tie-ins of dead ends of existing gas mains in Reed and Center Streets, to Gas tie-ins improve pressure conditions in this area. The Board had no objection to the proposed tie-ins providing thework is done to Mr. Gayer's satisfaction. The Chairman read a letter from the Board of Health advising that the overflowing cesspool at 2400 Massachu- setts Avenue is a definite health menace. That Board would like to know how soon the sewer can be extended. Mr. Gayer reported that he has had borings taken and knows exactly where the ledge is. He indicated the 1 417 ledge on a plan and said that the estimated cost is $3,000. The Chairman asked how many houses would be ser- viced, and 1r. Gayer replied four and possibly five. It was agreed to include this extension in the present sewer contract. The Chairman read a letter from Larchmont Engine- ering to Mr. Gayer stating that the low bidder did not fulfill the specifications. Mr. Gayer read a letter from Whitman & Howard in reply to Larchmont Engineering. The Chairman said that Whitman & Howard did not Sprinkler engineer the job and that is what he does not like irrigation about it. Whitman & Howard asked people to bid and draw up their own plans as to how they would do the job. Mr. Tucker said that he wondered if it was a good time to install the system in view of the water situation. The Chairman explained that the common can be watered at night automatically. Mr. Gayer said that the Board could reject the bids and the Chairman said a check should be made with Whitman & Howard between now and the next Board Meeting. Mr. Alfred P. Tropeano met with the Board rela- tive to the sewer charge made in lieu of betterments on the property at 24.8 Waltham Street, owned by Margaret E. Cauley. He said he wanted to discuss the so-called dewer connection charge in lieu of a betterment on the land that belonged to the Lexington Estates Trust. He said that in 1948 when the Town put the sewer in, it obtained an easement from the Ryders who were then $ewer trustees of the Lexington Estates Trust and the Agree- Connection ment with the Town was that the Ryders would receive charges $500 which was for engineering and counsel fees. They deeded the easement to theTown. He said in that agree- ment it provided that no betterments were to be assessed for *hich this taking was made, and Ryder always main- tained that they could connect to the sewer. He explained that a plan went on record showing a proposed road off Winthrop Road which is Liberty Drive. He said when he went to lay out the subdivision, the Planning Board felt it was not bound by the proposed road and technical- ly the. Planning Board was correct. Mr. Tropeano then made a different subdivision in which this easement does not fall within theroad, but is part of some of the lots. He said several lots were spoiled by the 418 easement. Mr. Tropeano said that Mr. Leonard Colwell applied for his sewer and he was told that there would be a charge made in lieu of a betterment. He said the pur- pose for betterments is to take something from the land owner tuenrich the town, and he just does not go along with assessing a sewer charge in lieu of a betterment. He said he did not think it was the intention of the Town at the time that betterments would have to be made. He asked how the sewer could be connected if this goes to litigation. Mr. Stevens said that Mr. Tropeano had mentioned an agreement, but he found it to be just an Order of Taking and it awarded no damages. Mr. Tropeano said that it awarded $500 damages. Mr. Stevens said it was understood the Town would accept $500. He said when a sewer goes through un- developed land, it is an advantage whereby the sewer can be that much more economically developed. There are other places where the sewer went in and no better- ments were charged because it wouldbe unfair to charge interest and in those days the Town had to charge in- terest. He said it is difficult to see where the Ryders lost anything and every case must be considered on its own facts. Mr. Tropeano said the idea of imposing a sewer charge in lieu of something that has been abated is something new and the Town never used to do that. He said he was sure when the Ryders and the then Board of Selectmen were talking about no betterments, they meant no betterments. He said if thebetterment is abated, it is gone and asked how a charge could be made. Mr. Tucker said the Town put in this sewer and ordinarily there would be a betterment charge. That is abated. They don't pay it. He said he could not see what that has to do with a connection charge. Mr. Stevens explained that this is not a service charge. It is a charge to get into the sewer system which is in lieu of a betterment! The Chairman said the charge is worked out on a formula and if this sewer was put in twenty years ago, it would probably cost half as much. Mr. James asked if betterments were charged and abated. Mr. Tropeano replied that they were not charged, but it was worked out on an agreement. Mr. Ryder never brought any suit for the taking of the land. Mr. Tropeano said since the Town did not make any charge, Ryder had no right to petition for abatement. Mr. Adam' said that a decision on this would affect 1 six or seven lots and the Board is notnow just talking about one lot. Mr. Tropeano retired at 9:15 P. M. It was determined by the Board that part of the consideration for the sewer easement was the availability of the sewer without betterments andwith out a connection charge in lieu of betterments. It was, therefore, voted that no connection charge in lieu of betterments should be made on lots A & B shown on a plan entitled "Plan of Land in Lexington, Mass. June 11, 1958, Albert A. Miller & Wilbur C. Nylander" recorded in the Middlesex South District Registry of Deeds, Book 9190, Page 419, and on lots 1 through 6 inclusive shown on a plan entitled "Lot Layout Plan of Vine Brook Realty Trust or Subdivider, May 14, 1958". Mr. Stevens retired at 9:30 P. M. A Memorandum of Agreement (in duplicate) for the improvement of a section of Concord Avenue, under the provisions of Section 34, Chapter 90, was received for the Board's signature. Mr. Adams said that the 28 foot width, as far as he is concerned, is temporary and when it becomes neces- sary to replace trees on Concord Avenue, they should be planted to give a 30 foot width. 419 Concord Ave. Letter was received from the Board of Assessors together with recapitulation of the Real Estate Taxes, Betterments and Water Liens transmitted to the Collec- tor of Taxes. Mention was made of inexperienced personnel being employed during the peak weeks in the Assessors' and Collector's offices while the regular clerks are on vaca- tion. Tax bills It was unanimously agreed to ask the Board of As- sessors and Collector of Taxes not to schedule vacations of the personnel during the peak weeks wIE n the bills are being figured and prepared for nailing. Notice was received from the Alcoholic Beverages Control Commission advising that "Package Goods" stores shall not sell or deliver alcoholic beverages during polling hours on State Primaries Day, Tuesday, September 9th, unless they are authorized to do so by vote of the local licensing authorities. The Chairman said he thought the Board should check with other towns and if the liquor stores are open, he Liquor Stores thought the ones in Lexington should be permitted to re- main open. However, the majority of the Board felt that the liquor stores should remain closed during polling 420 hours on September 9th regardless of what the other towns may do. Letter was received from Freedom Inca relative to the nomination of a representative from Lexington to re - Freedom Inc. ceive a citation on Constitution Day, September 17th, either the son or daughter of an immigrant, or an im- migrant who has become an outstanding citizen in the Town. No action was taken. A copy of the Special regulation governing the speed of motor vehicles on town ways, in the Town of Lexington, Special Speed Regulation Nol 158 was re - Speed ceived from the State Department of Public Works. Regulations Mr. Gayer reported that he had received a let- ter from Mrs. Morey saying she had intended to call him relative to Raymond Street. After reading the Minute -man, people in the area called her and approve Traffic except for the direction of Raymond Street. Control Mrs. Morey stated that it will be difficult for people using the medical building as well as aggravating traffic on Forest Street and therefore she would like to have Raymond Street left two way. Upon motion duly made and seconded, it was Voted: That the Traffic Rules and Orders of the Town of Lexington adopted by the Board of Selectmen, October ITraffi Rules 1 and subsequent amendments thereto be and are � 7, 935 q & Regulations• hereby further amended in accordance with the provisions of Article II, Section 6, Experimental Regulations, for a period of sixty (60) days, as follows: by adding at the end of Article VII, Section I, the following new descriptions: Muzzey Street - southerly, from Massachu- setts Avenue to Forest Street Clarke Street - northerly, from Forest Street to Massachusetts Avenue Raymond Street- easterly, from Clarke Street to Muzzey Street. Upon motion duly made and seconded, it was Voted: That the Traffic Rules and Orders of theTown of Lexington adopted by the Board of Selectmen, October 7, 1935 and subsequent amendments thereto be and are hereby further amended in accordance with the provisions of Article II, Section 6, Experimental Regulations, for a period of sixty (60) days, as follows: 1 421 by`adding at the end of Article VIII, Section 19, the following: (b) A driter of a vehicle shall make a right turn only from Clarke Street onto Massachusetts Avenue between the hours of 4:00 P. M. and 6:30 P. M. . Mr. Gayer reported that he and Chief Rycroft had representatives from the Middlesex and Boston Street Railway out to discuss the subject of changing the bus Bus Stop stop from its present location to Depot Square. The company apprdved 6f the suggestion and the buses will be parked in the rear of the taxi location. The Chairman read a letter from J. Edward McManus advising that he will pay $100 for tax title lot 4, block 91, Essex Street, the amount entertained by the Board. UTon motion duly made and seconded, it was voted that a proposal to sell the lot be advertised in the Lexington Minute -man and that further consideration be given the offer at the next meeting of the Board. The Chairman read a letter from Mr. James J. Carroll, Town Treasurer, advising that he has 2600 notes to be signed. The purchaser of the loan is desirous of having everything returned by the fifteenth of August. Mr. Tucker suggested that the Chairman be excused from signing the notes. Mr. Adams said that he thought the Town seal should be on the regular police cruising cars, the Chief's car and Inspectors' car to be exempted. The meeting adjourned at 9:55 P. M. A true repv'd, Attest: Tax title Notes xe 'tiverk, Selec(%men. 422 Concord Ave. stonewalls SELECTMEN'S MEETING August' 25, 1958 A regular meeting of the Board of Selectmen was. held in the Selectmen's Room, Town Office Building, on Monday, August 25, 1958 at 7:30 P. M. Chairman Maloney, Messrs. Tucker, Adams 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 discussed the articles in the warrant for the Special Town Meeting to be held September 15th and retired at 8:00 P. M. Mr. John J. Carroll, Assistant Superintendent of Public Works, and eight people, residents of Concord Avenue, met with the Board. Mr. Charles B. Jaixen, 226 L'oncord Avenue, said that his property is the middle one of three that seem to be involved, and he would like to say what their im- pressions have been since they purchased the house. He was told the roadway probably would be widened and at which time there was a banking which was going to be quite a bank, and they should ask for a stonewall and it seemed to be in line. Mr. Bonneau, from whom he purchased the property, talked to Mr. Burns and understood that was in line. He said as far as he is concerned he has been laboring under the impression that was the usual procedure. About last March his wife was in the Town Office Building and inquired about it and was told"why ties, that is the usual thing, but don't quote men. She did not have any names, but it furthered the impression and did not discourage them any. In April he was on vaca- tion and stopped in and dldsome inquiring about the mains issue then which was to find out about the drive- way, whether it would be a reasonably easier grade or a very sharp grade. He said he did not know to whom he talked at first and he has no sure recollection about the wall being mentioned at that time. He thought it was not. Later he talked with Mr. Carroll and there seemed to be an impression created that he had said something about a stone wall, but he hadn't. He said Mr. Carroll had not discussed the stonewall and the conversation was entirely about the driveway. Mr. Jaixen said that the roadway has been widened and his property has been chopped off and left hanging in mid air and he is concerned. He said what he has learned 1 1 423 so far about the plans does not seem reasonable, and they would like a wall. He said that would be the ideal solution for them. He understands that the plans call for an embankment there out off, graded and sodded and a two to one slope. He demonstrated with a triangle, what a two to one slope would give and said it would be a 60° embankment. Mr. Carroll explained that it would be just the opposite and advised that usually the grade never goes up more vertically than it would horizontally. Mr. Jaixen said that above the line of the road- way now the level of his lot, as near as he could deter- mine, is 56 to 58 inches high. He said he was present to learn things and not to give a battle. He asked how theengineers got an angle like that from his property line to the lot line. Mr. Gayer suggested that they look at the cross sections. Mr. Jaixen submitted a letter to the Chairman written by Mr. Richard Woodies, 222 Concord Avenue, who was unable to attend the meeting. Mr. Jaixen said that under the circumstances if the Selectmen, the Town, is not in a position to look upon a wall favorably the people would like to have the Board's suggestion. As they see it now, grading and sodding does not look like a very satisfactory solution to the problem from a maintenance point of view, appear- ance of their property and the appearance it would pre- sent to the people across the street. He said he did not think the Town would be interested in maintaining it and if it is too steep it can't be mowed. He said he has an idea there may be some other solution and he hoped to find it tonight with the aid of the Board. Mrs. Morey asked about the setback of Mr. Jaixen's house and he replied that as far as he is aware, it should have been thirty feet from the actual face of the house to the property line. Mr. Gayer explained the location of the properties by use of the plans. The Chairman explained that the banking as it was always belonged to the State, Town or County and some day these people had to lose it. One woman, who did not give her name, said that there are only three families concerned and they want the t wn to go along with them. Mr. Francis DeLosh, 234 Concord Avenue, said that he has lived there for seven years and has known that this road was contemplated. He said that he is somewhat pleased eventhough it will make a high-speed road out of it. It is now a speedway with inadequate police protec- 424 tion. However, he is pleased because now they will be able to walk down the street and the widening will im- prove it. Nevertheless he is concerned with the ap- pearance of his property and he would like to know what the Town is going to do to help the people keep the ap- pearance of their property. He said he would like to know- from the Board just what it plans or will do. The Chairman explained that nothing can be done by the Board of Selectmen as it does not have the power to spend the town's money to build stone walls for people. He asked the group to remember that this was laid out, discussed at Town Meeting and most everyone knew it was going to happen. He said that if these people want a stone wall ten registered voters can present an article and the Town Meeting Members can then decide whether or not these people have stone walls built. He said the Town Meeting Members are the only ones who can appropriate money for this. Mr. Adams explained that a petition of ten is for the Annual Town Meeting and one hundred for a Special Town Meeting. He pointed out that an article does not guarantee anything. The Selectmen and Appropriation Committee can oppose it by advising that it has never been done. The Chairman said he understood the State is willing to go back on these properties, with the owner's permis- sion, to give a more gradual slope. Mr. Adams said that several years ago when Grant Street was constructed a professor Shaw had a worse situa- tion and came in very strongly for a stone wall. TheTown did not build it but the situation ended up with a slope easement and it was very satisfactory. Mr. DeLosh said that this had been in the Town some- thing or other and that is true, but none of these people propose to be engineers and do not know how a road should be constructed. Personally he either opposes the widen- ing of the road or he likes it, and there is no in between. Mr. Tucker said that there does not seem to be any real problem. Mr. Jaixen inquired about placement of the light poles and Mr. Gayer indicated the proposed location on the plan. Mr. Jaixen asked where the fire hydrants would be placed and Mr. Gayer replied that they would be anywhere between his property and the edge of the street. Mr. DeLosh said he understood it is not planned to raise the road and that presents a terrific situation. Mr. Gayer explained that is because of the people on the other side of the street. Mr. DeLosh said he thought possibly the rise was go- ing to be lowered because that is the most dangerous place in Lexington. 1 Mr. Gayer said an attempt was made to take this im- provement all the way to Waltham Street but the County and State felt they could not participate this year. Mr. Jaixen asked if the people could look to the Public Works Department or the Board regarding this -- some other way if a wall is not feasible from the Town's point of view. He asked if there was any other suggestion of what might be done instead of just sodding. The Chairman said that he did not have any suggest - tion and he did not know if the State or i ounty would have any. They are the ones who set this up. Mr.Jaixen said he understood there is a solution called slope stone uttereby they would put stone there and then plant myrtle which might be a solution. The Chairman said he did not believe the Town has any jurisdiction over the road or layout of the road. The State lets it up and lets it out for bid. All the Town does is to contribute 25% toward it. Mrs. Morey asked if they would want a more gradual slope and Mr. Jaixen replied in the negative. He said then they would lose trees. The Chairman said that he has conferred with the State several times and he realizes that to the people it looks terrible. He said he re1ized also that the slope will be greater. He has been over to Concord Avenue several times and was there again this morning trying to see what it would look like when completed. He said, knowing there is nothing the Board can do, his thought was to let the State complete the job. If the people are unhappy it would still not be too late to ask the State and County to do something. Mr. Jaixen said he understood from what little legal advice he had that they are bound to finish the project in a way agreeable to the people. If it does not work out they are within their rights to call in experts and take legal action. The Chairman said it is only fair to give them an opportunity to let them do what they agreed to do. Mr.Jaiaen said he hoped a solution could be arrived at to avoid redoing the work. The Chairman explained if a stone wall were built, they would have to move back to their land taking and take ten feet -more. They would have to put it on the lot line and the slope easement is ten feet over the road taking. One woman asked if the Board meant stone walls were never built and the Chairman replied that they are not unless there was a stone will existing at the tine of construction. Mr. Gayer explained that a two to one slope ease- ment is a very safe slope. 425 426 Mr. Jaixen said that he came to the meeting for some suggestions and help. He asked if there was anyone in the State whom they could contact to inquire if something else can be done rather than just sodding. Mr. Gayer advised that he could contatrt the Chapter 90 Office, 100 Nashua Street. Mr. DeLosh said they have two alternatives. One is a petition to be signed by ten or more registered voters and the other one is to appeal to the State, Chapter 90, 100 Nashua Street. He said that the group's appearance this evening is to find out what it can do. It is not a question of whether it is tight or wrong. The. people feel they have a right to do this and appeal to the Board, and if it is up to the State they will go to them. The group retired at 8:45 P. M. Mr. Stevens returned to the meeting. Upon motion duly made and seconded, It was voted to grant the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the fol - Pole lowing j/o pole location: location Grove Street, southwesterly aide approxi- mately 10 feet northwest of Winter Street, -- One pole. Sidewalks Letter was received from Mr. Gayer with reference to several items, one of which was sidewalks. P¢rs. Morey said she would like to have sidewalks constructed on Simonds Road from Bedford Street to Blake Road and also on Bedford Street from Camelia Place to Revere Street. She expressed the opinion that sidewalks should be put in on Chapter 90 streets. She said that sidewalks should be on Pleasant Street from the corner of Massachu- setts Avenue to Watertown Street. Mr. Tucker said that there is curbing and crushed stone on Pleasant Street up to the Luongo proOerty. Mrs. Morey asked why that area and the area along Waltham Street from the High School out to Marrett Road couldn't be blacktopped. It was definitely and unanimously decided to author- ize installation of sidewalks on the masterly side of Bedford Street from Camelia Place to Revere Street, a distance of approximately 1600 feet and on the southerly side of Simonds Road from Bedford Street to Blake Road, a distance of approximately 2000 feet. Mr. Gayer said that the people in the Paul Revere Road area do not want sidewalks. Mr. Adams said he felt this subject could not be decided upon in five minutes. The Chairman said that sidewalks shaxld not be built on Burlington Street with a school under construe - 1 tion until it has been determined what is going to be done there. The Chairman was authorized to advise the School Committee that sidewalks have bean approved for Simonds Road and Bedford Street, but action has been deferred relative to sidewalks on the section of East Street from Adams ''treet to Lowell Street, Hancock Street from Bur- lington Street to Coolidge Avenue and Paul Revere Road from Massachusetts Avenue to Cedar Street, because of pending construction or relocation. The second item in Mr. Gayer's letter was a list of bids received for the purchase of an emergency genera- tor set for the Public Works garage. Upon motion duly made and seconded, it was voted to accept the low bid submitted by J. H. Westerbekd Corp. in the amount of $3,240.00. Letter was received from Israel Bloch, attorney for Munz Spralawn of New England, stating that since his client's first bid, as well as the alternate bid, were the lowest bids received, he assumed that the contract would be awarded to him. Upon motion duly made and seconded, it was un- animously voted to reject all bids received for fur- nighing and installing Battle Green Lawn Sprinkler System. The Chairman read a copy of letter from Mr. Mazerall, Tree Warden, relative to removal of trees infected with Dutch Elm disease. Mr. Stevens agreed to check the Statute on the subject and report to the Board. Memorandum of Agreement for Chapter 90 mainten- ance, Concord Avenue, was signed to be returned to Chapter 90 the State for completion. The Chairman read a letter from Mrs. Agnes B. Allen, daughter of Mrs. Agnes M. Monahan, 51 Lowell Street. Mrs. Monahan died in February and no ad- ministrator has been appointed. Sewer betterments have been assessed on the property which Mrs. Allen understands most be paid in full within ninety days Sewer of the sale of the property whichwill be as soon as betterment possible, and she requested deferment of the better- ment without interest under the provisions of Chap- ter 159 of the Acts of 1950. Mr. Stevens reminded the Board that the pro- visions of this chapter apply only to vacant land and deferment cannot be made until the land upon 427 Generator bid Lawn Sprinkler Bid Dutch elm disease 428 which the house is located is laid out as a separate lot. The Board gave further consideration to Mr. J. Edward McManus' offer of $100 for tax title Lot 4, Block 91, Essex IStreet. A proposal to sell this lot was advertised in the Tax title August 14, 1958 issue of the Lexington Minute -man. No per- sons contacted the Selectmen's Office as a result of the advertisement. Upon motion duly made and seconded it was voted to sell and convey tax title Lot 4, Block 91, Essex Street to J. Edward McManus. Further consideration was given to Edward E. Coye's 'Tax title offer to purchase tax title lot 99 Taft Avenue for $500 plus betterments and with restrictions. Upon motion duly made ani seconded it was voted to sell and convey tax title Lot 99 Taft Avenue to Edward E. Coye, Jr. for $500 plus $31.50 sewer betterment; the deed to be prepared so that the lot will be restricted so that for building purposes it must be combined with the adjoining lot to make a 75 foot frontage and also providing that Mr. Stewart Cairns purchases Lot 98 Taft Avenue with the same restrictions. Traffic Rules (one way) (No Parking) Further consideration was given to Mr. Stewart C. Cairns' offer to purchasetax title Lot 98 Taft Avenue, for $500 plus betterments and with restrictions. Upon motion duly made and seconded it was voted to sell and convey tax title Lot 98 Taft Avenue to Stewart C. Cairns for $500 plus $31.50 sewer betterment; the deed to be prepared so that the lot will be restricted so that for building purposes it must be combined with the adjoining lot to make a 75 foot frontage and also providing that Mr. Edward Coye purchases Lot 99 Taft Avenue with the same restrictions. Upon motion duly made and seconded it was voted that the Traffic Rules and Regulations of the Town of Lexington adopted by the Board of Selectmen, October 7, 1936 and subsequent amendments thereto be and here- by are further amended as follows: by adding at the end of Article VII, the following new descriptions: Depot Place from Depot Square in a northwesterly direction to Mariam Street. by adding to Article V, Section 2 the following: Depot Place. on both sides from Depot Square to Meriam Street. 1 Letter was received from Leeland Construction Co. Inc. offering $4500 for sixteen tax title lots on As- bury Street, five lots on Freemont Street and six lots on Edna Street. It was unanimously agreed that it would be in the best interest of the Town not to dispose of these lots and the offer was declined. 429 Tax title Messrs. Stevens and Gayer retired at 10:15 P. M. Upon motion duly made'and seconded, it was unanimously voted to appoint the following Election Officers for terms expiring September 1, 1959: ELECTION. 1958 George E. Foster R 10 Plainfield Street Ilda J. Field 20 Chase Avenue R Mary W. Rowland D 148 Lowell Street Rose I. McLaughlin D 88 Oak Street Mary E. Clifford R 54 Chase Avenue Annie H. McDonnell D 7 Curve Street • Ralph I. Dale R 1640 Massachusetts Avenue Randall W. Richards D 67 Farmcrest Avenue Mary G. Oliver , D 610 Waltham Street Elizabeth F. Downey D 4 Farmcrest Avenue Henry P. Meade D 1505 Massachusetts Avenue Beatrice F. Morse R 1 Vine Brook Road OFFICERS 1959 R Alice G. Marshall 9 Independence Avenue R Rosalie MacDonald 8 Sheridan Street R Jean E. Baker 38 Fletcher Avenue R Edna D. Anderson 21 Leonard Road D Clarence E. Delp 18 Dexter Road D Joseph 0. Rooney 51 Grant Street R Florence M. Bruce 126 North Street D Mary J. Ferry 50 Downing Road D Carroll J. Ryan 10 Bedford Street D Mary A. Spellman 24 Shirley Street R Caroline F. Deloury 99 Spring Street R Mary A. Hallett 2270 Massachusetts Avenue 430 Warrant Water and Sewer Orders Upon motion duly made and seconded, it was voted to sign the warrant for a Special Town Meeting to be held on Monday, September 15, 1958 in Cary Hall at 8:00 P. M. Upon motion duly made and seconded, it was voted to sign the following Sewer and Water Orders: Sewer Asbury Street from Paul Revere Road to Balfour Street and from Balfour Street to Freemont Street, a total distance of 1.901 Balfour Street from Cedar Street a distance of 4301 westerly Bellflower Street from Balfour Street a distance of 5701 Eastern Avenue from School Street 1135' ± easterly Hamblen Street from Cedar Street a distance of 6101 southwesterly Marrett Road from a point 1601 ± southeasterly of Kendall Road a distance of 460' ± southeasterly Off Massachusetts Avenue from Right of Way southerly to Curve Street Water Westminster Avenue from Lowell Street a distance of 495' - southerly Asbury Street from Balfour Street a distance of 935' northerly to Freemont Street Ash Street from Ward Street a distance of 2501 ± southwesterly to Freemont Street Earl Street from Ash Street a distance of 1251 ± southeasterly Eastern Avenue from School Street a distance of 1135' ± easterly Freemont Street from a point 220' southwesterly of Asbury Street a distance of 1020' ± northwest"erly Ridge Road from East Street a distance of 900 1 ± southerly ± 1 Upon motion duly made and seconded, it was voted to sign the following Certificates of Incorporation, satisfactory references having been received from the Chief of Police: Dean E. Nicholson Paul I. Kleven & 42 Hill Street Foundation Inc. Olive H. Lloyd 22 Cedar Street ) Children Albert L. Merrifield 240 Woburn Street ) Samuel A. Gass & Foundation, Inc. Ruth Kleven Carol Gass 4-3 siert. of Inc. Louise Kleven & Gertrude Kleven Foundation, Inc. Minute Man Association for Retarded Letter was received from Freedom Inc. pertaining to a Tag Day, September 13th to solicit funds for Lebanese Tag Day people. In keepingwith the established policy limiting Tag Days to one or two local organizations, it was voted to deny any request to conduct a Tag Day. Letter was received from the United States Com- mittee for the United Nations, together with a Certi- ficate of merit fnd a guide for UN Day proclamation. The Chairman read a letter from Susan Brucchi, age 18, and several other youngsters, requesting permission to conduct a carnival at 63 Paul Revere Road. The Chairman was authorized to advise Susan that the Board does not know from the petition whether or Carnival not this is a type of carnival which would require a permit and if it is, the Board does not know if the location is appropriate for suc)a an activity. The meeting adjourned at 10:35 P. M. A true record, Attest: �eE4�ti 8le k, Set toren. 432 Gas main location SELECTMEN'S MEETING September 4, 1958 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday evening, September 4, 1958 at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. The Executive ‘'lerk was also present. Letter was received from the Mystic Valley Gas Company relative to a proposed location for a 4" gas main in Woodland Road and York Street to supply gas to #42 York Street. The Chairman reported that the proposed location has been approved by Mr. Gayer. Upon motion of Mrs. Morey, seconded by Mr. James, it was voted to grant permission for the installation, providing it conforms to Mr. Gayer's specifications and is approved by him. Upon motion of Mr. Tucker, seconded by. Mr. Adams, it was voted that the Traffic Rules and Orders of the Town of Lexington adopted by the Board of Selectmen, October 7, 1935 and subsequent amendments thereto be and are hereby further amended as follows: ARTICLE VIII, Section 11 (Stop Signs) By adding to this section the following: Westbound drivers on East Street at Lowell Street. Southeast bond drivers on East Street at Lowell Street. 1 Letter was received from Mrs. Eric T. Clarke, L. of W. V. President of the League of Women Voters, requesting Handbook permission to place the new edition of Handbook of Lexington Government on sale at Cary Memorial Hall at the Special Town Meeting to be held on September 10th. The Board had no objection. The Chairman reported that the League of Women Voters has requested permission to park a Vote Mobile in front of Vote Mobile Woolworth's store on Saturday, September 6th and Monday September 8th between 10:00 A. M. and 6:00 P. M. for the purpose of giving out information relative to the September Primaries. It was unanimously agreed to grant the request. Application was received from Corporate Enterprises for the use of Estabrook Hall on six evenings at a re- 433 duced rate. Mr. Adams said that he would like more information on the group before granting permission to use a public building. Use of hall Mrs. Morey took the application, with attached date, and agreed to check it. If thl information received is favorable the use of the hall may be granted subject to the regular charge. If the information is unfavorable, the use of the hall will be denied. Request was. received from the Sacred Heart Church for permission to distribute pamphlets advertising a fair to be held Saturday, September 6th. The Committee in charge desires to distribute the pamphlets in front Pamphlets of Woolworth's Store and in front of the Lexington Trust Company. The Board felt that people would take the pamphlets and then drop them on the street which would cause litter in the center and the request was therefore denied. Upon motion duly made and seconded, it was voted to renew the Lexington Theatre's movie license and Sunday movie license for terms expiring September 4, 1959. The meeting adjourned at 8:15 P. M. A true record, attest: 1xe 'tiv Cler men. 434 SELECTMEN'S MEETING September 8, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 8, 1958, at 7:30 P. M. Chair- man Maloney, Messrs. James, Tucler, Adams and Mrs. Morey were present. Mr. Stevens, Town 4 ounsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Miss Mary R. McDonough, Assistant Town Clerk, met with the Board for the drawing of three jurors. The fol - Jurors lowing individuals were drawn for jury duty. Aron Schulman, 29 Parker Street; George H. Meyers, 8 Pine Knoll Road; Lloyd Trefethern, 23 Barberry Road. Miss McDonough retired. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate a hip guy and anchor on Adams Street. Mr. Mahon, representing the Boston Edison Company, Hip guy and and Mr. Chester Lidberg were present at the hearing. anchor Mr. Mahon explained the proposed location and when Mr. Lidberg found out that it will be on Town pro- perty, he said he had no objection. Mr.Lidberg retired at 7:40 P. M. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to grant the petition and sign the Order for the following j/o hip guy and anchor location: Adams Street, northwesterly side from a pole located approximately 330 feet southwest of Millbrook Road. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- Pole lowing j/o pole location; Mr. Gayer having indicated location his approval: Lowell Street, southwesterly side, approximately 530 feet northwest of Fairlawn Lane, -- One pole. Application was received from the Boston Edison Company and -"the New England Telephone and Telegraph z 1 435 Company for j/o pole locations on Foster Road. Inas- much as the petition designated the locations on Foster Pole Road, Winchester, Mr. Mahon asked to have the petition location order and plans returned to him for correction. Upon motion duly made and seconded, it was voted to grant the petition of the Boston Edison Company for permission to locate the following poles; said locations having been approved by Mr. Gayer: Lowell Street, southwesterly side, southeasterly from a point approximately 15 feet south- east of Bartlett Avenue, -- Two poles Lowell Street, southwesterly side, northwesterly from a point approximately 55 feet north- west of Bartlett Avenue, -- Seven poles. Lowell Street, southwesterly side, northwesterly from a point approximately 1,000 feet hbrth- west of Bartlett Avenue, -- Seven poles. (Sixteen existing poles to be removed.) Mr. Mahon retired at 7:45 P. M. Mr. Stevens presented a deed conveying certain land to the Hayden Recreation Center. The instrument was ex- Deed ecsuted by the Board and all copies returned to Mr. Stevens. Mr. Stevens reported informally relative to con- trol of Dutch Elm Disease. The Planning Board and Appropriation Committee met with the Board. Mr. Snow and his assistant ex- plained what Mr. Grindle referred to as a general plan of Worthen Road. Town The Planning Board retired at 8:55 P. M. Meeting The Appropriation Committee discussed the articles in the warrant for the Special Town Meeting to be held September 15th and retired at 9:30 P. M. Mr. Stevens referred to a right of way in the:*i- cinity of Essex Street which is used by children attend- ing Parker School. It was the opinion of the Board that more informa- tion should be obtained from the Boston and Maine Rail- road as to what will be done about the crossing before 436 any definite decision is made. The Chairman read a petttion, signed by residents of Simonds Road, Dexter Road, Preston Road, Gleason Road and Harding Road, opposing installation of a sidewalk on Simonds Road between Blake Road and Bedford Street. The Simonds Road individuals question the legality of assessment without Sidewalk a public hearing. Mr. Stevens said he did not think there is any need of a public hearing. Mr. Gayer presented a plan showing the proposed loca- tion and pointed out the areas of Bertwell Road to Preston Road and from Preston Road to Blake Road where several trees will have to be taken down. The Chairman stated that in an effort to save the trees, the sidewalk would have to be moved about three feet wbid# wpmad ttjein restart in regkeets fpr stpnewa1 .s: Mr. James explained that there are some stonewalls now existing. Upon motion of Mr. Tucker, second@d by Mr. James, it was voted toconstruct a sidewalk from Bedford Street to Bertwell Road. The decision to reduce the length of the sidewalk was arrived at in an effort to eliminate the necessity of taking down any trees. Mr. Gayer retired at 9:55 P. M. Further donsideration was given to a letter from the State Department of Public works relative to an in- vestigation of a request for:.a stop sign at the inter - Curbing section of Spring Street and Marrett Road (Route 2A). Mrs. Morey reported that in looking the area over, she felt the traffic hazard would be reduced if curbing were extended down Marrett Road beyond the commercial section. The Chairman was authorized to advise the State that the Town is willing to co-operate and install curb- ing on the southwesterly side of Spring Street from about Station 1+0 northerly to the State Highway location, as recommended, but feels that the curbing should be extend- ed beyond #4$6, Auto Engineering Inc. the his The Chairman read a letter from John F. MacNeil to Board of Assessors relative to the assessment of property at 15-19 Depot Square. Report was received from tive to Corporate Enterprises Use of Hall use of Estabrook Hall for the Stock Market Class. It was unanimously voted Mr. George P. Morey rela- who had applied for the purpose of conducting a to deny the request in - 1 asmuch as there might be an implication of sponsor- ship by the Board. Mr. Stevens returned to the meeting at 10:15 P. M. Further consideration was given to Mr. Stevens' letter of July 9th relative to tax title lot 38 Grape- vine Pvenue. Mr. James reported tlat the purchaser, Mr. Gibbs, has only one reservation to restricting the lot to no residence building and that is the land should be re- assessed as farm land rather than residential land if such a; restriction is going to be in the deed. Mr. Stevens said that the land is supposed to be assessed at a fair market value. Mr. James said Mr. Gibbs would like to build a shed or tool house and Mr. Stevens explained that the zoning prevents that. The Chairman said that a restriction in the deed would leave this individual in a very unfair position in years to come. Mr.James explained that he pointed that out to Mr. Gibbs and it did not concern him at all. Mr. Adams said if he is willing to accept the deed with a restriction, he would be in favor. It was unanimously voted to incorporate a re- striction in the deed requiring tax title lot 38 Grapevine Avenue to be combined with adjoining land. The decision was made in an effort to prevent future development of the area into fifty foot lots. Mr. Stevens retired at 10:20 P. M. Letter was received from John Blabkhall Smith re- signing as a member of the Dental Clinic. The resignation was accepted and Mrs. Morey sug- gested that Mr. Poehler, Interim Superintendent, be asked if he would serve as a member of the clinic. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation application: for Charles E. Farrenkopf, 5 Red Coat Lane, Redstone Merchants' Association, Inc., a satisfactory character reference having been received from Chief Rycroft. Application was received from Mary Lou Mades, 31 Tyler Road, for an Intelligence Office licanse, the business to be conducted at 1736 Massachusetts Avenue. License A satisfactory character reference was received from Chief Rycroft. 437 Tax title Resignation Cert. of Inc. 438 Upon motion duly made and seconded, it was voted to grant the license for a term expiring May 1, 1959. Application was received from E. C. Barrett, on behalf of the Lexington Minute Men, Inc., for permis- sion to use Cary Hall on Saturday, September 20th, from 10:00 A. M. until 3:00 P. M., for the ptr pose of Use of Hall serving lunch to the Centennial Legion of Historic Military Commands. The use of the hall was granted free of charge subject to $2.00 per hour for janitor's overtime ser- vices with a minimum of $5.00. The meeting adjourned at 10:25 P. M. A true record, Attest: hxe tiv Cler , Sele men. 1 SELECTMEN'S MEETING September 15, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 15, 1958 at 7:00 P.M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public WSrks, and the Executive Clerk were also present. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate seven poles on Foster Road, now an accepted street. Upon motion of Mrs. Morey, seconded by Mr. it was voted to grant the petition and sign an Order the following pole locations: Foster Road, northeasterly side, south- easterly from a point approximately 95 feet southeast of Dane Road. Seven poles. Adams, for Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission tolocate one pole on Lowell Street. The proposed location was approved by Mr. Gayer. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to grant the petition and sign an Order for the following pole location:. Lowell Street, southwesterly side, approx- imately 810 feet northwest of Whipple Road. One pole (One existing i/o pole to be removed.) The Chairman read a letter from the State Department of Public Works with reference to a request from Chester - brook Construction Co. Inc. for an extension on the Chapter 90 contract covering work on Concord Avenue. The Comissioners recommended that the Board extend the completioh date on the contract to October 15, 1958. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to extend to October 15, 1958 the completion. date on the Chesterbrook Construction Co. Inc. contract covering Chapter 90 work on Concord Avenue. Notice was received from the Middlesex County Com- missioners and the State Department of Public Works 439 Pole location Pole location Chap. 90 contract time extended 440 relative to a hearing to be held September 17, 1958 at 10:00 A.M. to discusshighway improvements for 1959. Mr. Gayer recommended the extension of Concord Chap. 90 Avenue to Waltham Street, and to ask for the same amount on Chapter 90 as was requested this year. The Chairman agreed that Concord Avenue was a project that should be completed. Mrs. Morey inquired about East Street and the Chairman said that he would prefer,,.to.haire-Cohcord Avenue completed first. Mrs. Morey felt that plans should be made for the relocation of East Street because of the Fiske School and Junior High School. Mr. James expressed the opinion that Burlington Street is more critical than East Street. It was unanimously agreed to complete Concord Avenue as a Chapter 90 project. The Chairman read a letter from the U. S. Pipe and Foundry Company advising that the price on Item 2, 3,950 feet of 8' B Pc PE pipe was quoted in error, Bids and should have read $2.99 per foot rather than the price of $2.85 per foot. Permission was requested to withdraw the quotation dated September L, 1958. Mr. Gayer reported that the companyis the low bidder on this item. It was unanimously voted to deny the request for permission to withdraw the quotation. Letter was received from Paul F. Poehler, Jr. Resignation resigning as a member of the Town Celebrations Com- mittee because of the nature of his new duties as Interim Superintendent of Schools. The resignation was accepted with regret. Letter was received from the Superior Coach Ambulance Sales, Inc. advising that the 1959 ambulance models bids will be priced somewhat higher than the 1958 and in view of this the company would like to submit new bids for the 1959 models, which will be available in late December or early January. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to reject all bids, for the purchase of an ambulance, received and opened on July 28, 1958; thereason being that the Board decided to wait until the 1959 models are available at which time new specifications will be sent out. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to renew Anthony Ferreir's,:iicense. a:- peddler's Upon motion duly made and seconded, it was voted to sign an<' Order for the construction of a sidewalk on Bedford Street, northwesterly of Camelia Place a 1-4 1 distance of 1070' along the easterly side of Bedford Street to Revere..Street; on Simonds Road from Bedford Street a distance of 1,000' along the southeasterly side of Simonds Road from Bedford Street to Bertwell Road. The Chairman suggested, and the Board agreed, that the people on the right hanc side of Simonds Road, up as far as Bertwell Road, be invited to meet with the Board to discuss the proposed sidewalk installation. Mr. Stevens reported that Miss 3dith Willard has expressed concern relative to the use of the property on North Street and he recommended an extension of time on the agreement until October 2, 1958. The reruest was granted and the Board signed a legal instrument extending the time until October 2, 1958. Mr. Stevens retired at 7:20 P.M. 44.1. Extension of'. time on agreement Mrs. Marek, Chairman of the School Committee, Mr. Dan Fenn and Mr. Paul Poehler met with the Board, at Mrs. Marek's request to discuss the Barnes property. Barnes The Chairman read excerpts on the subject from the property Selectmen's Nleeting of March 11, 1958. Mrs. Marek said it was in line with what the Commit- tee had in mind but there are one of two problems. She said the building is under the control of the School Department, including the garage and the Chairman said that was correct. Mrs. Marek said she understood the driveway would have some fill as there are holes in it and she hoped that some budget might include money to blacktop the driveway. She space for are being The said the other item is close to twenty cars. parked on the grass. Chairman said that the the need for parking At the moment the cars blacktopped court in the rear could be used for parking. Mrs. Morey asked if the back door was being used. She said she th ought the parking area in the rear of the police Station could be extended for parking by school employees. Mrs. Xiarek stated that the front door is being used at the present time and parking in the rear is not convenient. The Chairman said that the School Department would furnish heat and light and the money collected.:from the Boy Scouts would go into Excess and Deficiency Account. He said something would be done about the parking. Mrs. Marek said that the renovation of the building was not as adequate as the Committee had hoped . The building is in quite good condition except the part which the Boy Scouts have and there is no money for painting in the school budget t} -is year. She said she did 442 not know just how it could be worked out. Mr. Adams suggested that the Scouts pay for painting in -lieu of rent. Mr. James explained that whatever painting that was done in the part occupied by the Boy Scouts was done by that organization. The Chairman said that he did not think the Com- mittee would want any renovating done by the Boy Scouts if the Committee is going to use the entire building. Mr. James asked if there was an estimate made as to how much it would cost to have this work done • and Mrs. Marek replied that she did not know. Mr. Stevens explained that this being an item occasioned by the work being done might be approved by the Appropriation Committee for a transfer. Mrs. Marek, Messrs. Poehler and Fenn retired at 7:L0 P.M. at which time the meeting adjourned. A true record. Attest: %x;'/aid utiCle k, Se ! etmen The next regular meeting of the Board will be held in the Selectmen's Room on Monday, September 22nd at 7:30 P.M. 1 SELEC 'DEN ' S M =TING September 22, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 22, 1958, at 7:30 P.M. Chairman Maloney, Messrs. James, Tucker, Adams 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 Companyfor permission to locate one hip guy and anchor on Bow Street. Mr. Consilvio, representing the telphone company was the only per- son present at the hearing. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following hip guy and anchor location: Bow Street, southeasterly"side from a. pole located approximately 420 feet southwest of Winn Avenue. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one hip guy and anchor on Foster Road. Mr. Consilvio, representing the telephone company and Mr. Peter J. Cahill, 4 Dane Road, were present at the hearing. Mr. Cahill said he objected in the first place but the telephone company or Edison Company talked his wife into placing the guy. He said when he built his house, he had the services put underground, and he felt a guy wire would be hazardous and would not add to his property. Mr. Tucker explained what a hip guy is and drew a sketch of what the petitioner proposes to do. Mr. Cahill said that he had no objection and left the meeting at 7:10 P.M. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following hip guy and anchor location: Foster Road, northeasterly side from a pole located approximately 95 feet southeast of Dane Road. Mr. ConsiIvio retired. 443. Hip guy and anchor Hip gay and anchor 444 Mr. Stevens presented anOrder of Taking of land situated on the westerly side of North Street as shown on a plan entitled "Plan of Land in Lexington, Mass.' dated August 14, 1958, Albert A. Miller - Wilbur C. Nylander, Civil Engineers and Sun.veyors, believed to be owned by Edith W. Willard and Genieve Robinson. Willard land He referred to a water betterment assessment North Street levied against theproperty some time ago in the amount of $395.66 and explained that payment was deferred until such time as the land was sold or use made of it. Miss Willard does not anticipate any bene- fit from it and does not think any benefit will ever Order of be derived from it. She feels that the town is acquiring Taking the property at a reasonable price and should abate the betterment. Mr. Stevens reported that in a conversation with Mr. Jaquith, he was advised that if this subject had Abatement been previously mentioned, in addition to the Town assuming the taxes, it would have been recommended that the betterment be abated. Upon motion duly made and seconded, it was unanimously voted to sigh the Order of Taking and also to abate the water betterment assessment levied against the property in the amount of $395.66. Mr. Stevens advised that, in addition to the Order of Taking, there is an agreement to be signed by both parties that has to do with payment of the money. He explained that the price of the land was Agreement $60,000. Upon receipt of a deed and release, the Town is to pay $17,500; on or about February 15, 1959, it will pay $21,500 and on or about February 15, 1960, it will pay the final sum of $21,000. Upon motion duly made and seconded, it was voted to sign the Agreement in the following form: AGREEMENT Agreement made this 22nd day of September, 1958, between the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts, acting by its Board of Selectmen, who, however, incur no personal liability by reason of the execution hereof or of anything contained herein, hereinafter called the Town, and Edith W. Willard, of said Lexington, and Genieve Robinson, of Ormond Beach, Florida, hereinafter called the Party of the Second Part, which expression shall include their respective executors, administrators and personal representatives. WHER AS, by instrument dated December 16, 1957, the Party of the Second Part granted to the Town an option to 1 445 acquire ata price of $60,000 a certain parcel of land situated on the westerly side of North Street in said Lexington and containing about 58 acres, which option was duly exercised by the Town, and ' WHEREAS, the Town, pursuant to said option, has made a taking of said land by eminent domain by an Order adopted by the Board of Selectmen dated September 22, 1958 and to be recorded in Middlesex South District Registry of Deeds. NOW, THEREFORE, the said Town agrees that, in con- sideration of the delivery to it by the Party of the Second Part of a satisfactory confirmatory deed of said land and a release of all damages arising out of or re- lating to the taking of said land byeminent domain, it will make payment of said price of 60,000 to the Party of the Second Part as follows: 1. Upon receipt of said deed and release, it will pay forthwith the sum of $17,500. 2. On or about February 15, 1959, it will pay the further sum of $21,500, and 3. On or about February 15, 1960, it will pay the final sum of $21,000. It is mutually understood and agreed that checks in payment of the aforesaid sums are to be made in equal shares to said Edith W. Willard and to said Genieve Robinson, if both are living on the date of payment, and that all is to be paid to the survivor if one:; -only is living at the date of payment, and that if both die prior to the date of the final payment, such amounts as remain to be paid shall be paid to the Estate of the survivor. IN WI'NESS WHEREOF, we hereunto set our hands and seals in Lexington, Massachusetts this 22nd day of Sept- ember, 1958. TOWN OF LEXINGTON BY Edith W. Willard /s/ Alan G. Adams Genieve Robinson /2/ Ruth Morey /s/ Raymond W. James /s/ Ralph H. Tucker Majority of the Board of Selectmen 446 The Chairman read a letter from Dorothea J. LaFlamme, 259 Lowell Street,relative to temporary easement taken for sidewalk construction. Mrs. La Sidewalk Flamme thought she was entitled to reimbursement easement for four feet of land. Mr. Stevens explained that no property has been taken and the temporary easement is merely the right to go onto the property to slope the land. He said he would compose a letter explaining the situation to Mrs. LaFlamme. The Chairman read a letter from Nathaniel P. Bid- well, attorney for Paul B. and Olive E. Lloyd, with reference to sewer betterment assessment levied against the Lloyd property, 202 Cedar Street. Mr. Bidwell claimed to have filed a request for deferment under Chapter 159 of the Acts of 1950 which cannot be located. He was duplicating the request on the Lloyds' behalf and re- questing deferment. Lloyd Mr. Stevens explained that unless the house is on sewer a separate lot, Mr. Lloyd will have to create a separate betterment lot. At that time, he can ask to have the balance on the other two lots deferred. Mr. Gayer presented a plan and indicated the parcel of land assessed, and Mr. Stevens said that it appears from the plan that Mr. Lloyd has a house lot not separated from the other two buildable lots. He agreed to check his records on the subject and report further next week. Letter was received from Alfred P. Tropeano stat- ing that the Trustees of the Vine Brook Realty Trust agreed to deed a reasonable amount of land to the Town Relocation to widen the road at the curve of Waltham Street abut 'Waltham St. ting the Trust's land. He said he understood this is a County road and subject to County layout, and sug- gested that the Board petition the County Commissioners to relocate the road as its relocation may have some bearing on the location of the buildings. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to petition the ounty to relocate a por- tion of Waltham Street. License Application for a First Class Agents license to do business at 3J.. Bedford Street was received from the Lexington Motors, Inc., Arthur T. Koutsonikolis, President. Satisfactory character reference was re- ceived from James F. Corr, Acting as Chief of Police. Upon motion duly made and seconded, it was voted to grant the license. Mr. Tucker inquired as to what action can be 1 taken to see that Mr. Irwin enforces the Sign By -Law and referred to a political sign on Massachusetts Avenue. Mr. Stevens reported that Mr. Irwin has had some taken down and said that if the same individual erects a sign year after year, the law may as well be enforced and the case tried. 447 Signs The Chairman reported that Susan Steele, a Senior in Lexington High School, requested permission, on be- half of the Senior Class, to sell pencils in Lexington Center on Friday night between 7:30 P. M. and 9:00 P.M., the proceeds from the sale to be used by the Senior Class. The Board was of the opinion that this particular Permit request is no different than others that have been denied denied and therefore voted not to grant the request as to do so would be establishing an undesirable pre- cedent. At 8:00 P.M., Messrs. Edwin B. Worthen, Jr., Merril F. Norlin, Charles H. Callahan and three other individuals met with the Board to discuss the pro- posed installation of a sidewalk on Simonds Road. The Chairman explained that it was the desire of the Board to install sidewalks on part of Simonds Road for the children to walk on to and from school. He said that sidewalks have always been installed under the Betterment Act and the property owner pays about one half of the cost. Mr. Callahan, the only person present, who gave his name, said he lives at the corner and he is in favor of the proposed installation, as a menace exists at the present time. Mr. Norlin said he was willing to pay his share for protection of the children, but he couldn't see the total cost going to the abutters as it will not be a benefit to the property. He said as one person concerned, he would like to object to the sidewalk being 'Aimed as presently laid out with the total cost going to four or five abutters who are involved. He said he would pay his share for the sidewalk to be on the other side of the street. Mr. Worthen asked how far the proposed sidewalk would extend up Simonds Road and the Chairman replied that it is intended to go to Bertwell Road, not as far as Blake. The Chairman explained that the layout showed, on the opposite side, all the trees going up the hill to be sitting in the middle of the sidewalk. He said when the Town starts to post and remove trees, it en - Simonds Road sidewalk 44 counters opposition. He also explained that it was found that many of the children start at the corner of Simonds and Bertwell Road. One man said there is a good six foot sidewalk there and the children use the street. He stated that to put in a hot top sidewalk will not solve the problem of keeping the children off the street and he is con- vinced the Town will not plow it. The Chairman explained that the Town has been plowing sidewalks with sidewalk plows. Another man said it would not lend to the safety of the children and he would pay for the sidewalk on the other side if there is a betterment, but in his mind there isn't. The Chairman said that was a matter of opinion and that these sidewalks were requested by the School Committee. He explained that the Board likes to comply with the Committee's requests for sidewalks because the children have to walk to school if they live within a mile of a school. He said whether the children use the sidewalk or not is something the Board cannot control, but if there was no sidewalk and something happened, the Town could be severely criticized. If something happens and there is a didewalk provided, the Town will then have done everything it could for the safety of the children. He said that sidewalks have bean built in many areas of the Town, on Woburn Street, Lowell Street, Adams Street and many other, but this is the first time the Board has received a complaint and all sidewalks have been constructed under the Betterment Act. He said someone questioned whether or not the Board should have a hearing and the answer to that is no. He said the Board does not have to hold a hearing, asked Town 'ounsel if that was correct, and he replied in thea affirmative . One of the men asked if a hearing would be held if the School Committee requested something unreason- able and felt they should have it. The u hairman replied that there are limits. He said that a hot top sidewalk at $1.00 per running foot is what the Board believes to be a fair price. If a concrete walk were put in, the charge would not be over $1.00. The Chairman asked if the group felt it would be better to eXtend the sidewalk to the top of the hill. One of the men said he thought a survey should be made of the number of children going down the street. He said it would not take the League of Women Voters long to make a survey. The Chairman said that it is an obligation of the Board to provide sidewalks for the safety of the 1 449 children going to and from school. Mr. Norlin said that the children do now have a safety zpne wdthc1 t4ey are presently using alongside his lot and a sidewalk will not do anything to increase the safety. The Chairman explained that in the winter when there is snow on the ground, the sidewalks will be plowed. One of the men said that if the Board feels it is necessary, to go ahead and put it in but do not charge the abutters. He asked why they should pay when they sree there is no benefit to the property. He also said he would pay for it going on the other side. The Chairman stated that the subject of better- ments is open for discussion, Every street these people drive over has been paid for by someone else and all the walks they use have been paid for by some- one else. One man said if the School Committee thinks the sidewalkshould be constructed, the Committee should put it in. He said he has four children and he is con- cerned for their safety. Mr. Norlin asked if the Town would plow Harding Road and then put a sidewalk plow inside that bank. Mr. Gayer explained that a sidewalk plow measures about four feet across. Mr. Worthen asked if the plan was to build up the present level to a new grade for the sidewalk. Mr. Gayer replied that where Mr. Banks lives he intends to raise the grade so the bank won't have to be changed. He said the Town tries to fit the established line. The Chairman asked if the opposition was because a charge was being made and one of the men replied that is part of it. They feel they are being charged for some- thing that does not make any change. He asked what would happen at the end of the plowed section. The Chairman asked if he thought the sidewalk should be extended all the way up the hill and the gentleman replied that it seemed foolish to have atop -gap measure. The Chairman explained that the decision to in- stall the sidewalk on the right hand side of Simonds Road was made because more children live in that area. Mr. James said the fact that that side of the street is now used by the children and worn down dictates the habits of where the children walk. One man asked why the sidewalk isn't on both sides of the street if it is a safety measure. The Chairman aaid that in the new developments with main roads, such as Simonds Road, the sidewalks 45') are on both sides. The Chairman said there is a problem and the Board would like to solve it as well as possible. He explained that during the past two years, the Town has spent many thousands of dollars on sidewalks. Here in one of the better sections of Town there is a turmoil over the side- walk. Mr. Norlin said there must be an explanation and perhaps theother people saw that the sidewalks were serving a purpose. He said the Town would have to narrow the width of plowing or he would have to eliminate his hedge on the side. He said be did not know if it was on his land or not. He also said that a large tree would have to be taken down. He said he could see the value of the sidewalk if it eliminated the children walking the street in the winter, but he doubted the value of it if it is just for a small section of the distance they have to travel. The Chairman said he did not know what had been solved but the Board would discuss the subject further and possiblJ construct the sidewalk all the way up Simonds Road. One individual asked why the Board didn't forget the whole project, and the Chairman replied that the Board has a moral obligation to make travel safe for school children. Mr. Worthen said that as far as his property is concerned, he would not be particularly happy to see a sidewalk, but he felt that a sidewalk is inevitable some day. Mrs. Morey asked of all present how many had addresses on Simonds Hoad. There was only one. The group retired at 8:30 P.M. Mr. Tucker said that the Board shouldstart on the program andthat some day the sidewalk will have to go up over the hill. Mr.Stevens retired at 8:10 P.M. Mr. John A. Wilson, 62 Fern Street, mat with the Board relative to a street betterment assessment in the amount of $747.60 levied against his property on Moreland Avenue. The Chairman asked what he wanted to do in re- gard to the betterment assessment, and Mr. Wilson re- plied that there is no betterment on Moreland Avenue because the house lots will have to be on the road that will have to go through his property. The Chairman asked if he felt there was no better- ment to his property at the time and Mr. Wilson replied in the affirmative. 1000,1 216 1 The Chairman asked if he would consider having the betterment deferred until such time something hap- pens and see what it looks like then. Mr. Wilson replied in the affirmative. Mr. Adams said that he would like to take a look at the property involved before arriving at a decision. The Chairman said that the Board would endeavor to arrive at some answer. Mr. Wilson retired at 9:00 P. M. Mr. Jack Kessler, 26 Tyler Road, applicant for a Guide's license, met with the Board. The Chairman introduced him to the Board and ex- plained that the Board had decided to invite the ap- Guide plicat:ts to meet with it because the members of the Board would like to know them as they are representa- tives of the Town. He presented the license and pin- ned on the badge, after which Mr. Kessler retired. The Chairman read a letter from Eric T. Clarke, Clerk Six Moon Hill,. Incorporated, requesting abatement of street betterment assessments on lot 30 and 24, Moon Hill Road. Mr. Gayer presented a plan approved by the Plan- ning Board, July 25, 1947, and indicated the lots in question. The Chairman was authorized to advise Mr. Clarke that from the plan it is the opinion of the Board that these lots can be built upon and the assessments justi- fied; the request for abatement was therefore denied. The Chairman reported that a telephone call had been received from Mrs. Lynch, 56 Watertown Street, with reference to a lien of $35.90 on her tax bill for an Lynch unpaid water bill. Mrs. Lynch claimed that last January, complaint after a storm, there was a break in the water main and she could not use the water for drinking or washing be- cause it was so dirty. The Water Department drained the hydrant on her front lawn many tines but the water was still dirty and the lawn and a tree were damaged. She felt she should not be charged for water she couldn't use and also that something should be done about the damage. Mr. Gayer reported that the damage was repaired today, not because of the telephone call, but because this came in on a work order as promised. He said the Public Works Department has done everything to please her. 45 Street Betterment Betterment Mr. Gayer reported that the following bids had been received for wiring the Town Office Building: 452 - �c Atlas Electrical Company Robert Johnson Hoyte Electric Service 1925.00 1940.00 1975.00 Mr. Gayer reported that a notice had been sent to every electric contractor in Lexington and he had also advertised. He recommended awarding the contract to the low bidder, Atlas Electrical Company. The Chairman said that Johnson had done con - Wiring siderable work for the Town and if it has been satis- bid factory, possibly the bid could be awarded to him for the small difference. He said it might be in the best interest of the Town to award the contract to him. Mr. Adams agreed but said for years the policy has been to award contracts to the low bidder. Upon motion duly made and seconded, it was voted to award the contract to Atlas Electrical Company, the low bidder, at the quotation of $1925.00. Mr. Gayer reported that the City of Burlington, Vermont, has 680 used water meters for sale at 10 each. He said they are the type the Town can use and he would like to take his repair man up to find out what is involved. Without seeing them, he is of the opinion it would cost $2.00 or $3.00 per meter to change them over. He explained that a new meter Water costs approximately $27.00. Meters The Chairman asked if the $3.00 included labor and Mr. Gayer replied in the affirmative. Mr. Gayer said the meters are between eight and ten years old and the Town has some as old as fifty years. He reported that last year the Town purchased close to 400 meters. Mr. James said he would like to know exactly what it is going to cost to fix the meters so that the Town e ould use them. Mr. Gayer was authorized to find out exactly what is involved and report back to the Board. Recapitulation of bids received for pipe, hydrants, gate valves and boxes, tapping sleeves and gates and fittings was received from Mr. Gayer as follows: U. S. Pipe and Foundry 3300' 6" C.I. Pipe 39501 8" C.I. Pipe Net 30 days Fittings Net 30 days $6,715.50 11,079.75 17,795.25 1,281.42 1 Shamoon Industries, 3300' 6" C.I. Pipe 3950' 8" C.I. Pipe Net 30 days Fittings Net 30 days R. D. Wood Co. 3300' 6" C.I. Pipe 3950' 8" C.I. Pipe Firm price 16 Hydrants (Matthews) 20 6" Gate valves & boxes (R.D. Wood) 4 8" Gate valves & boxes 1/2 1% 10 days, net 30 days Fittings Firm price Eureka Cement Lined Pipe Co. 16 Hydrants (Kennedy) 2% 20 6" Gate valves & boxes (Kennedy) 4 8" Gate valves & boxes Public Works Supply Company 16- Hydrants (Darling) 2% 10 days, Net 30 days 20 6" Gate valves & boxes (Darling) 2% 8" Gate valves & boxes 10 days, Net 30 days Tapping sleeves & gates (Darling) 2% 10 days, Net 30 days The Ludlow Valve Mfg. Co. 16 Hydrants (Ludlow or Rensselzer) 2% 10 days,. Net 30 days $ 6,600.00 11,652.50 18,252.50 983.59 6,699.00 111_q222. 16,529.25 186.55 each 1,404.00 __192.22i1 1,801.6U 1,345.65 151.00 each 1,220.00 1.60 165.00 each 1,327.60 371.80 1,699.40 651.40 477.75 each 453 X54 20 6" Gate valves & boxes (Rensselzer) 48" Gate valves & boxes 2% 10 days, Net 30 Days Tapping sleeves & gates (Rensselzer) 2% 10 days, Net 30 days H. R. Prescott & Sons 16 Hydrants (Eddy) 2% 10 days, Net 30 days 20 6" Gate valves & boxes 4 8" Gate valves boxes 2% 10 days, Net 30 days Tapping sleeves & gates (M & H) 2% 10 days, Net 30 days (Eddy) 1,354.0o 90.. 060 1,7 640.85 177.78 each 1,267.60 366.6 1, 3 .2 602.80 Fittings 809.56 2% 10 days,. Net 30 days The A. P. Smith Mfg. Co. 16 Hydrants (Bury Smith) 2% 10 days, Net 30 days 20 6" Gate valves & boxes (Smith) 1,284.80 4 8" Gate valves & boxes 62.2 2% 10 days, Net 30 days 1;64704 Tapping Sleeves & gates (Smith) 602.29 2% 10 days, Net 30 days M. C. Allan Associates, Inc. 16 Hydrants (Kennedy) 2% 10 days, Net 60 days 20 6" Gate valves & boxes (Kennedy) 1,259.80 4 8" Gate valves & boxes 365.08 2% 10 days, Net 60 days 1,624.88 167.89 each 167.90 each Upon motion duly made and seconded, it was voted to accept the following bids: U. S. Pipe and Foundry, 330D 6" C.I. Pipe, $ 6,715.50 3950'8" C.I. Pipe 11,079.75 17,795.25 Public Wibrlocs Supply, 16 Hydrants (Darling) 165.00 each Tapping sleeves & gates 651.40 20 6" Gate valves & boxes 1,327.60 4 8" Gate valves & boxes 371.80 1,699.40 1 1 455_ H. R. Prescott & Sons, Fittings $ 809.56 Mr. Gayer retired at 9:30 P.M. Letter was received from Paul F. Poehler, Jr., advising that he would serve as a member of the Lexing- ton Dental Clinic. Upon motion of Mrs. Morey, seconded by Mr. Adams, it was voted to appoint Paul F. Poehler, Jr. a member Appointment of the Lexington Dental ‘'linic to fill the vacancy caused by the resignation of Mr. John Blackhall Smith. Application was received from Alexander L. Lipson, 29 Athens Street, Cambridge, for the use of Estabrook Hall on Tuesday, October 7th, from 7:00 P.M. until 10:00 P.M., for the purpose of organizing a Russian language course for Lexington residents. Use of hall The Chairman was authorized to advise Mr. Lipson that the Board thinks this should be held in co-opera- tion with the School Department and suggeststhat he contact the Superintendent of Schools relative to the use of a room. The Chairman reported an incident involving Lieu- tenant Corr; Inspector Barry and Officer Knute. It was decided to hold a Special Meeting on Tuesday, Sept- Police eihbeie 23, 1958, in the Selectmen's Room at 4:00 P.M. at which time the three officers are to be present. The Chairman read a letter from Chief Rycroft ad- vising that he would start his annual vacation on September 22, 1958 and would appreciate Lieutenant Corr being appointed Acting Chief during his absence. The Board deferred the appointment of Lieutenant Corr as Acting Chief and authorized the Chairman to advise him that the Senior Officer will take over the duties of Acting Chief until further notice. The meeting adjourned at 10:05 P.M. A true record, Attest: Acting Chief xe utide/Clerk, Seltmen. u:< 458 SELECTMEN'S MEETING September 29, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 29, 1958 at 7:30 P.M. Messrs. James, Tucker, Adams 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 Mr. Adams, it was voted to appoint Mr. James Chairman in the absence of Mr. Maloney. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following Jurors individuals were drawn for jury duty: Irving T. Howard, 12 Cutler Farm Road, James M. Herbold, 12 Winthrop Road, Arthur G. Bryan, 4 Spring Street and Alexander Bell, 28 Normandy Road. Mr. Carroll retired. Mr. Paul F. Bartel, 3 Sunnyknoll Avenue, met with the Board relative to serving as a member of the Board of Public Welfare. The Chairman said that having an individual volun- teer to serve on the Board was unusual and the Select - Appointment men thought it would be well to meet him. Mr. Bartel informed the Board that his father served on the Board of Public Welfare in the City of Cambridge for sixteen years. He said he felt he owed the Town some allegiance and thought that by serving on this Board, it might be a good way to help. He is Assistant Treasurer of the Harvard Trust Company in Central Square, Cambridge. Mrs. Morey asked how long he has lived in town and Mr. Bartel replied that it will be two years in 1959. Mr. Bartel retired at 7:40 P.M. Upon motion duly made and seconded,it was voted to appoint Paul F. Bartel a member of the Board of Public Welfare and Old Age Asssistance for a term ex- piring March 31, 1959. Mr. Stevens reported on an satitomobile accident involving a Town truck operated by Thomas Sullivan who backed into a car owned by Gordon H. Osgood. Upon motion duly made and seconded, it was voted to approve settlement of the claim in the amount of $36.80, the lowest estimate received. Claim 1 457 Mr. Stevens referred to letter received last week from Nathaniel B. Bidwell, attorney for Paul B. Lloyd, relative to sewer betterment assessment levied against Lloyd's property on Cedar Street. He reported that in- formally the understanding was the Lloyds would ask for a deferment and it would be granted without interest. However, it will be necessary for them to set up the lot for the house and show the remainder of the land separately. Mr. Lloyd must first prepare a plan which shows the lots separate from the house and submit it to Mr. Gayer for computation of the betterments. Lloyd sewer The Chairman asked if the plan would have to be re- betterment corded and Mr. Stevens replied in the affirmative. He explained the only way the betterment can be deferred is on the basis the land is not built upon. The Chairman read a letter from Mr. Stevens ad- vising that the order of taking of the Willard -Robinson land on the westerly side of North Street and consisting of about fifty-ei ht acres, which the Board adopted on September 22, 1954, was recorded in the Middlesex South Deed to District Registry of Deeds on September 23, 1958, as in— Willard strument No. 142. The plan of the property was recorded land at the same time as No. 1227 of 1958. He received and recorded a deed to the property, whichincluded a re- lease of all damages arisingfrom the taking. The deed was dated September 25, 195and recorded as instrument No. 380. The Chairman read a letter from Mark Moore, Jr., Trustee of Moore Realty Trust, asking; to have the fol- lowing streets accepted at the next Town Meeting: Linmoor Terrace and '-rawford Road at Hancock Heights, Burnham Road and Emerson Road on Section 1 at Burnham Farms. In the next 90 days, he expects to have completed in Section 2 of Burnham Farms, Alcott and Thoreau Roads and a 72 foot bridge. He would like to have these roads and the bridge accepted. Moore req. Mrs. Morey referred to Linmoor Terrace and Crawford streets Road and said that it should be one street before any accepted more houses are built and name it either Linmoor Terrace or Crawford Road. Mr. Gayer said the suggestion should be referred to the Planning Board. Mr. Adams said he felt it should be Linmoor Terrace. Mr. Stevens explained that the understanding was that there would be $5,000 paid to Moore on that bridge or box culvert. Mr. Stevens explained to him that the only way that could be taken care of was when the streets 458 became Town ways and the bridge was taken over by the Town. At the same meeting there should be an article to see if the Town would appropriate $5,000 to pay him. He said he thought it would take an pct of Legislature to do it. In fairness to Mr. Moore, he thought the streets should be in order for acceptance at the Annual Meeting, 1959. The Chairman advised that Mr. Moore has sold several lots on Crawford Road to a private builder. He has built some houses and some of the lots he has sold. He asked if Mr. Moore or the abutters should }petition for accept- ance. Mr. Stevens replied that normally the abutters should but some times they just assume that the roads are accepted. He said that it is the responsibility of the Planning Board to notify the Selectmen thatlhe work has been completed, necessary easements obtained and the street ready for ac- ceptance. cceptance. The Chairman said that Mr. Moore is not the one to petition for Linmoor Terrace and Crawford Road because he is substantially out and Mr. Stevens replied that is one that should be looked into. Mr. Stevens was requested to draft a reply to Mr. Moore's letter. Mr. Gayer reported that he had received a bill from Miller & Nylander in the amount of $850 for a complete survey which included boundary lines, setting monuments, field survey, etc., on the Willard -Robinson property and Transfer asked about funds to pay it. It was unanimously voted to request the Appropria- tion Committee to transfer $850 from the Reserve Fund to the Engineering Department - Expenses Account. Mr. Gayer reported that he has a request for Fed- eral Funds for advanced planning on the Itek sewer and requested Whitman & Howard to prepare the application. They included all sewers in that area that will eventually have to go into the pumping station. He reported that it is laid out on some paper streets where he knows it will not be used. However, Whitman & Howard says the main idea is to get the application and have it approved. They are asking $14,800. Mr. Stevens said the vote was to authorize the Selectmen to retain engineering services to prepare plans for a system of sanitary sewers to serve principally the area of the Town situated in the M 1 Light Manufacturing Zoning District and $12,000 was appropriated. He questioned the advisability of asking for Federal assistance with such a small amount involved. 1 The Chairman said that the plan should not be one with the streets there now, but 'kith the streets it is hoped will be there as far as the Board knows. Mr. Gayer said he felt there should be enough trunks tohandle the area and forget the streets. The Chairman said the trunk should go along the route of the access road and conform to the road if possible. Mr. Gayer agreed to discuss the subject further with Mr. Howard. Mr. Stevens retired at 8:40 P.M. Decision relative to the installation of a side- walk on Simonds Road was held over and the Chairman stated that he did not hear anything last Monday night that would cause him to change his mind materially. He said he agreed with Mr. Adams that the sidewalk should go to Preston Road. Mr. Tucker said he did not hear anything in the discussion that changed his mind. He felt the Board should proceed to do what it felt to be best, that it is just one step in a broad program. It was unanimously voted to authorize the con- struction of a sidewalk from Bedford Street along the southeasterly side of Simonds xoad to Preston Road. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for j/o pole locations on Marrett Road. Mr. Gayer explained that the locations are in connection with the sidewalk construction. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the fol- lowing j/o pole locations: Marrett Road, westerly side, at inter- section of Lincoln Street, one pole. (Existing pole to be removed.) Marrett toad, westerly side, southerly from a point approximately 80 feet south of Lincoln Street, three of (Three existing poles to be removed. Marrett Road, westerly side, southerly from a point approximately 580 feet sogth of Lincoln Street, two poles (Two existing poles to be removed.) Marrett Road, southwesterly side, approxi- mately 330 feet northwest of Middle Street, one pole. (One existing pole to be removed.) 459 Sidewalk Pole locations 460 The Chairman read a letter from Kenneth N. Ernst, 2 Moreland Avenue, requesting deferment of a street betterment assessment in the amount of 6325.55 levied against Lot F, Moreland Avenue. Mr. Gayer presented a plan showing the Ernst pro- perty. It was agreed to inform Mr. Ernst that if he chooses to have a deferment granted the entire amount of the bet - Ernst terment would become due and payable in the event the street property is sold or built upon. On the other hand, he betterment has a choice of paying the betterment over a twenty- year period which choice will not be open to him if the lot is sold or built upon. Decision relative to John A. Wilson's street better- ment assessment, in the amount of $747.60, levied against his property on Moreland Avenue was held over. The Chairman read a letter from George W. Forten, Dog Officer, in which he referred to the Warrant in- structing him to make a return on the first day of Oct- ober. He finds that it takes several days to obtain an Dog Officer's accurate report for the month of September, after it report has gone by, and requested permission to make his report by the second Monday of the month. The Board voted to grant Officer Forten's request to extend the time for submitting his report to the second Monday of the month following the end of the quarter the report is to cover. 1 Mr. Gayer reported that bids had been opened for the purchase of a sidewalk tractor. H. F. Davis Tractor Co. Tractor and Pesco Equipment Corporation were the only bidders. bids Davis submitted two bids, the low one not meeting the specifications. The other bid was $6,529.00, terms 5% 10 days, net $6,202.55. Pesco's bid was $5,770.00, terms 1% with a net of $5,712.30. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to accept the bid submitted by Pesco pro- viding it within the appropriation. Upon motion duly made and seconded, it was voted to sign an order for the construdtion of a sidewalk on the westerly sideline of Massachusetts Avenue, running a dis- Sidewalk tance of 136.85 feet to Follen Road and westerly along order the northerly sideline of Follen Road by two curved lines a distance of 271.59 feet. Letter was received from Nicholas Durso requesting permission, on behalf of the Partiots' Forest Association to conduct a block party on Wildwood Road, October 11, 1958 from 5. P.M. until 9:00 P.M. It was unanimously agreed to grant the request. At 9:00 P.m., Messrs. Arthur E. Bryson, Evert N. Fowle and Roger Manasse, Citizen's Group, met with the Board. The Chairman said he would like to know some- thing about their personal backgrounds. Mr. Manasse said that none of them claim to be experts. He is a physicist employed at Lincoln Labora- tories. Mr. Fowler said that he is an attended M.I.T. and is employed at Mr. Bryson said he teaches at aeronautical engineer, and has had from people who teach at Harvard. The subject of the adequacy of the Town's water distribution system was discussed and at the conclusion, the Chairman said the Board would keep the group ad- vised. The group retired at 10:40 P.M. Mr. Gayer was instructed to have Whitman & Howard go over the report submitted by the Committee and then arrange for Whitman & Howard to meet with the Board. electrical engineer, Lincoln Laboratories. Harvard, is an help and advice The meeting adjourned at 10:50 P.M. A true record, Attest: 461 Block Party Citizens' Group re water �! G 462 Itek Sewer SELEC TMEN' S METING October 6, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 6, 1958 at 7:30 P.V. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Gayer reported that he went over the Itek sewer plan with Mr. Howard who was of the same opinion as the Board expressed last week that the funds ap- propriated by the Town Meeting should be used and for- get the overall plan for the present time. Mr. Howard's plan was overall for sewering the entire area but it is felt now that a design should be made only for the trunk to Itek, keeping in mind the possible future expansion in the Itek area. The Chairman asked what other funds were going to be used and Mr. Jami s explained that the thought was to use Federal rounds. Mrs. Morey recalled that a statement was made at the Town Meeting to the effect that until something was done about the access road the money would not be used. Mr. Stevens explained that was not included in the vote, and was just an oral explanation. The Chairman pointed out that Itek could not have the building unless there was sewer in the area. Mrs. Morey asked if it wasn't intended to have the study of the entire area and the $12,000 was to be used for a specific trunk. Mr. Gayer said he thought that, for Itek, the Town. should use the money appropriated to obtain the design and be ready for Itek. The Chairman said he did not think the trunk line should be constructed unless it is certain that it will take care of the entire area. Mr. Gayer said the topo survey would determine where this line will have to go. Mr. Tucker asked how soon Itek intends to build and the Chairman replied that the option has been taken up and they want to proceed very soon. People have been here from Washington, looked the area over and while it is a little early, they think the road will go through but it will have to be in the 1959 budget. Mr. Gayer asked if the Board wanted to proceed or 1 463 defer action, and Mr. Adams replied that the thought was to have it ready. Mr. James said that, in view of the explanation given at the Town Meeting, the Board should be sure Itek is going ahead promptly, and when the Board knows that, it can go ahead with the design. Mrs. Morey suggested that the Board contact Mr. Aldrich in an effort to obtain more definite informa- tion and she said that Federal funds should.,be requested for the overall study. Mr. Stevens said that the Town Meeting vote was to prepare plans for a system of sanitary sewers to serve principally the M 1 area and it was explained that this sewer would go through residential area. He said there was no thought at that time to spread it out to cover the other side of Bedford Street and was explained as a sewer to take care of the M 1 area. Mrs. Morey said that Itek should be told if the Board is going to ask for the funds in March it should know three months before March what their schedule is. The Chairman agreed to discuss the subject with Mr. Aldrich. Mr. Gayer reported that he opened bids for painting the standpipe. However, M.D.C. now plans to put a top on the tower at Turkey Hill and that tank will be out of service. He recommended rejecting all bids and post- Standpipe. poning the job until next year. He said he had the painting tank examined and it will possibly beto the Town's ad- bids vantage to wait, as more of the scale will be off and there will be less blasting. It was agreed to reject all bids, advise the bid- ders of the reason and ask for new bids next year. Mr. Gayer reported that he opened bids on the Bat- tle Green Sprinkler. He said that Larchmont Engineering was low bidder with one of their proposals which is dif- ferent that the specifications, but considerably lower. Battle Green He reported that there were five bidders and he recom- Sprinkler mended obtaining a statement from Larchmont that the system will work as the Town wants it to work and award the contract to them. Mr. James said Larchmont Engineering has a bid which meets the specifications and an .alternate which does not and is lower. Mr. Gayer said that was correct. Mrs. Morey referred to the alternate lower bid and asked how delep the pipe is to be buried. Mr. Gayer replied that it will be twelve inches. Mrs. Morey asked if the specifications called for 464 six inches and Mr. Gayer replied in the affirmative. It was agreed to obtain a statement from Larch- mont Engineering, as suggested by Mr. Gayer, and award the contract, Larchmont being the low bidder. Mr. Gayer read a letter from Brewer & Lord, ad- vising that it is necessary to file a new statement of values in order 1r obtain a new blanket rate on the Town schedule. With the greater value on unsprinklered buildings, they recommend carrying 80% insurance to value as they can get 10% more insurance for 5% increase in rate. The Chairman said that he did not think there is much to do but to accept schedule as prepared. Insurance Mr. Adams said. that perhaps this is the time to have a group, such as the League of Women Voters, give the Board a report. Mr. James said that Mr. Cave gave the Board a very complete re' ort on the subject of Town Insurance about five years ago. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to approve the application for Brewer & Lord to file with the New England Fire Rating Association. Mr. Stevens said that he had a Taking Order, to be Drainage signed, for a drain in a portion of Middleby Road from Taking Outlook Drive down to thebrook, land acquired from Order Famosi. Upon motion duly made and seconded, it was voted to sign the Order as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 6th day of October, 1958, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance with 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 other- wise, subject to the assessment of betterments or otherwise, 1 4.5 subject to the assessment of betterments or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary there- for, and to appropriate for such installation and land acquisition the sum of $31,600.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account:', 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 land 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 powerand authority us hereto in any way enabling, take the perpetual rights and ease- ments to construct, inspect, repair, renew, replace, op- erate, and forever maintain a covered surface water and ground water drain or drains with any manholes, pipes, culverts and 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 the whole of that portion of Middleby Road, an unaccepted street in said Lexington, th't commences at Outlook Drive and extends westerly and northerly for a distance of 708.09 feet along the northerly and easterly side lines of Middleby Road and for a distance of 735.41 feet, more or less, along the southerly and westerly side lines of Middleby Road as shown on plan entitled "Plan of Drain Easement in Middleby Road Lexingt ai-Mass." dated August 1958, 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 Middleby Road. Said rights end easements in the above described land are taken without interference with or prejudice to the rights of the respective owners, except so far as is reasonable necessary in the exercise of the rights and easements hereby taken, and there is reserved to the re- spective owners and their heirs, successors and assigns, all their respective rights in and to the use of their land for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. The land in which the aforesaid rights and easements 4b6 Are taken is believed to belong to the following named parties but if thename 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 an owner or owners unknown to us: Owner Lots as shown on aforesaid plan Howell C. & Janet F. Rice, husband and wife 153 Frank H. & Marion F.Hannaford trustees Unnumbered Josephine P. & Newton V. Crandall, hus- band and wife "A" Otis J. & Hannah M. Conner,husband and wife 154 Town of Lexington Unnumbered No betterments are to be assessed for this improvement. And said Board, having considered the question of dam- ages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this 6th day of October 1958 /S/ William E. Maloney Selectmen of Raymond w. James Lexington Ralph H. Tucker Ruth Morey Alan U. Adams COMMONWEALTH OF -MASSACHUSETTS Middlesex, ss. October 6, 1958 Then personally appeared the above named William E. Maloney, Alan G. Adams, Raymond W. James, 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 severally acknowledged the foregoing in- strument to be their free act and deed, before me. /s/ Hazel J. Murray Notary Public My commission expires:Nov. 21, 1964 467 Mr. Stevens also had a Taking Order, to be signed, for a sewer which will involve a suit for damages. This is a sewer main from Marrett Road to Kendall Road. It Sewer will run through a rear lot owned by Otis J. Conner, et Taking al, and they are unwilling to grant the easement, and Order are represented by Mr. Tropeano. No betterment will be assessed, as the Conner house is sewered from Kendall Road. A sewer is being built in Marrett Road and bet- terments have already been assessed on that. Upon motion duly made and seconded, it was voted to sign the Order as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex,ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 6th day of October, 1958, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accord- ance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in.such accepted or un- accepted streets or other land as the Selectmen may deter- mine, 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 bt eminent domain or otherwise acquire any fee, easement or other interest in land nec- essary therefor; and to appropriate for such installation and land acquisition the sum of $169,650. and that payment be provided by the transfer of $52,650.00 from the Sewer Assessment Fund, the raising of $52,000, in the current tax levy and the balance of $65,000. 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 the sum of $65,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter )i?i of the General Laws, as amended, within a period not exceeding twenty years.", and WHER7AS the Se le c amen have determined a sanitary sewer main should be located in the land hereinafter described. NOW, THMEFORE, we, the undersigned, being a majority of the Board of Selectmen of. said Town of Lexington, duly 468 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 heretb.; 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, op- erate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and 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 certain strip of land in said Lexington extending from Marrett Road to Kendall Road and bounded and described as follows: Beginning at a point in the northerly side line of Marrett Road, which point is situated 82.76 feet easterly of a Massachusetts highway bound; thence running North 30°31'20" East distant 113.28 feet to a point; thence turning and running North 40°58'49" West distant 486.38 feet to a point; thence running North 47°58'02" West distant 150 feet to a point in the southeasterly side line of Kendall Road; thence turning and running North 42°01'58" East along said southeasterly side line of Kendall Road distant 10 feet to a point; thence turhing and running South 47°58102" East distant 150 feet to a point._tn.,t4s•,sou }past T)Y,,b9tus arY,,4t loot, 4;, nr. - turning ijo-. running So4W-584-49"East distant 5Oj.� . 6 to a point; thence turnin--, and running South 30°31120" West distant 122.99 feet to a point in the northerly side line of Marrett Road; thence turning and running North 72°13'00" West along said northerly side line of Kendall Road distant 20.50 feet to the point of beginning. all asshown and marked "Sewer Easement" and "Permanent Easement" on plan entitled "Plan of Sewer Easement From Marrett Road Thru Private Lands to Kendall Road Lexington, Mass." dated April 14, 1958, Richard J. Gayer, Town Engineer, to be recorded herewith. And we do hereby also so take the temporary construc- tion easements, for use in constructing the sewer to be installed in the permanent easement hereinabove described, in a strip of land having a uniform width of ten (10) feet and being bounded and described as follows: Beginning at a point in the southeasterly side line: of Kendall Road, which point is the most northeasterly boundary of said permanent easement, thence running South 47°58102" East along said permanent easement distant 150 ::thence turning and running northeasterly along said south- easterly boundary of said Lot 53A distant 10 feet to a point; 1 1 feet to a point in the southeasterly boundary of Lot 53A; thence turning and running northeasterly along said southeasterly boundary of said Lot 53A distant 10 feet to a point; thence turning and running North I7°58'02" West distant 150 feet to a point in the south- easterly side line of Kendall Road; and thence turning and running, South 42o01'58" West along said southeasterly side line of Kendall Road distant 10 feet to the point of beginning, all as shown and marked "Temporary Easement" on the aforesaid plan. The temporary construction easements herein taken include the right to enter upon the land taken, to de- posit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid sewer construction, and the Town shall be obligated to restore the land to reasonably the same con- dition in which it was prior to the entry of the Town thereon. The construction easements shall terminate thirty days after the completion of the sewer construc- tion, and, in any event, not later than one year from the date of this order. Said rights and easements in the land included with- in the above descriptions 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 heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the pur- poses 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 parcel are included within the taking. The land in which the aforesaid rights and ease- ments are taken is believed to belong to the following named parties, 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 469 470 land or interest is owned by an owner or owners unknown to us: Owner Lots as shown on aforesaid plan Leon A. & Edith M. Burke, husband and wife 1 Robert L. & Carolyn S. Burke, husband and wife 2 Amos J. Jr. & Sylvia M. Carr, husband and wife 53 and 53A No betterments are to be assessed for this improvement. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 6th day of October 1958 /s/ William E. Maloney 1-4 1 Ruth Morey Alan G. Adams Raymond W. James Ralph H. Tucker Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss October 6, 1958 Then personally appeared William E.Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and,deed of the Town of Lexington, before me /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 196) 471 Mr. Stevens retired at 8:15 P.M. Upon motion duly made and seconded, it was voted to grant the petition, submitted by the Boston Edison Company and the New England Telephone & Telegraph Com- pany, for the following pole location: Bow Street, southeasterly side approxi- mately 185 feet northeast of Winn Pole Avenue, --One pole. location (One existing j/o pole to be removed.) Petition was received from the New England Tele- phone and Telegraph Company for permission to enlarge three manholes, to lay and maintain underground con- duits, cables and wires. No action was taken, the Board desiring more detailed information. The Chairman read a letter from Reiss Associates, Inc., with reference to land located between Hinchey Road and Westview Street. Inasmuch as the new access Reiss road and the surrounding streets will be much higher land than the level of the present pit, the corporation would like to know if theTown would give considera- tion to the use of this area as a Town dump. Mrs. Morey suggested, and the Board agreed, to refer the subject to the Planning Board. The Chairman reported that Mr. Bertram Gustin re- commended appointing Donald B. Cobb to serveon the Town Celebrations Committee. Mr. U obb.is thirty-two years of age, lives at 14 Hayes Lane and is a school teacher. It was agreed to invite Mr. Cbbb to meet with the Board at the next regular meeting. Upon motion duly made and seconded, it was voted to sign a Sewer Order for the construction of a sani- tary sewer in Fremont Street from Asbury Street a distance of 2151- southwesterly. Upon motion duly made and seconded, it was voted to sign a Sidewalk Order for the installation of a side- Sidewalk walk in Simonds Road slang the southerly side from Bert- Order well Road to Preston Road a distance of 2101±. Sewer Order The decision relative to deferment of a street betterment assessment levied against property on More- land Avenue owned by John A. Wilson was held over. Mr. Gayer was instructed to find out whether or not the property is legally laid out. 472 The Chairman reported that the sixty-day trial period on the traffic amendments relating to Muzzey, Traffic Clarke and Raymond Streets will expire October 11, 1958. Rules & Reg. Mr. Adams reported that he received one complaint from Dr. Potter, at the Medical Center. He was concerned only with Raymond Street. Mrs. Morey said that she is still in favor of chang- ing Raymond Street to one way in the opposite direction. Mr. Gayer st=ated that he had some doubts as to whether or not the State would approve. The State re- presentative who made the traffic count advised him that the State would consider making Raymond Street one-way but not in the reverse direction frmm what it is now. The Chairman said that he did not think one or two complaints were enough to warrant a change. Mr. Adams said he was inclined to have Raymond Street two-way traffic. He also felt that more signs are needed. Mrs. Morey said she wished to be recorded in op- position. Upon motion duly made and seconded, it was voted to adopt the following amendments to the Lexington Traffic Rules and Orders on a permanent basis: AMENDMENT TO THE TRAFFIC RULES AND ORDERS, TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN October 6, 1958 VOTED: Thatthe Traffic Rules and Orders of the Town of Lexington adopted by the Board of Selectmen, October 7,1935 and subsequent amendments thereto be and are hereby further amended by adding at the end of Article VII, Section 1, the following new descriptions: (One Way) Muzzey Street - southerly, from Massachusetts Avenue to Forest Street Clarke Street - northerly, from Forest Street to Massachusetts Avenue Raymond Street - easterly, from Clarke Street to Muzzey Street Date of Passage - October 6, 1958 Selectmen of Lexington Attest: James J Carroll /s/ —Town Clerk /s/ Raymond W. James Ralph H. Tucker Alan G. Adams 1 The Chairman reported that Mrs. John C. Morgen- stern, 390 Lowell Street, telephoned and asked to have No Parking signs erected to prevent parking on Lowell Street from the intersection of Woburn Street down four or five houses. The cars now obstruct private driveways. Mr. Gayer said he would go down and check the area. Mr. Adams suggested, and the Board agreed, that the complaint be f;eferred to the Traffic Study Com- mittee for consideration at its meeting on Thursday. Chief Rycroft met with the Board, at which time Mr. Gayer and the Clerk retired. A true record, Attest: 473 Parking Cle k, Sele tmen. 474 Jurors SELECTMEN'S MEETING October 20, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 20, 1958, at 7:30 P.M. Chair- man Maloney, Messrs. Jams, Tucker and 1"irs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town counsel, and the Executive Clerk were also present. Mr. Adams arrived at the meeting at 8:20 P.M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. The following individuals were drawn for jury duty: Henry C. Wiltshire, 10 Eliot Road, David E. Acker, 49 North Hancock Street. Mr. Carroll retired. The Chairman read a letter from Whitman & Howard in regard to the bids received October 6, 1958 on Con- tract No. 2, Sewer, Water and Drain Work. Contract Upon motion of Mr. James, seconded by Mr. Tucker, No.2 awarded it was voted to award the contract to Power Construction Co., the low bidder, in the amount of $107,891.85. The Chairman read a letter from Vincent P. Smith, Stations Operation Assistant, Boston Postal District, requesting permission to park five 3/L ton trucks in a Town parking area on a temporary basis from.3:00 P.M. until 8:00 P.M. daily and all day Sunday. Mr. Gayer said he had a thought on the subject Post Office and that was to request the employees of the Post Office not to park their cars in the Town driveway. A letter to this effect was written to the local Superintendent in April of this year. The Board was willing to grant permission to park the trucks at the rear of the Town Office building on a temporary basis, after the Chairman has contacted the local post office. Further consideration was given to Mr. John A. Wilson's request for deferment of a street betterment assessment. Mr. Gayer presented a plan and explained the loca- tion of the house and indicated the. land involved. Mr. James said that in view of the fact that it is difficult to isolate the house on a lot on Moreland Avenue and that Mr. Wilson will probably have house lots on Moreland Avenue, he thought the Board would be justi- fied in deferring the betterment. Upon motion of Mr. James, seconded by 'qrs. Morey, 1 47.E it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of the street betterment assessment, in the amount of $747.60, without interest, levied against property Wilson owned by Daisy Wilson and located on Moreland Avenue, betterment until said land or any part thereof is built upon or deferred sold or until the expiration of three years from this date, whichever event occurs first. Letter was received from John J. Garrity ad- vising that he intends to vacate the house at 9 Han- cock Street and that it will be empty as of November first. Mr. James said that it hardly seems worth while House at to do anything with the house but if it is useful to 9 Hancock someone without any large expenditure, it seems short- Street sighted to take it down. Mrs. Morey said that the Lexington Historical So- ciety was interested in the building as a display place where articles of historical interest could be shown. Mr. James said he thought the Bpard should know how old the building is and suggested that Mr. Ripley might have some idea. Letter was received from the Lexington Chapter American Red Cross indicating interest in renting the house at 9Hancock Street and asking for information relative to the various costs involved in occupying the property. The Chairman was authorized to advise the Red Cross that the Board would like an opportunity to make a careful examination of the building to deter- mine whether or not it would be in the best interest of the Town to maintain it, as it understands the building is in very bad condition. Mr. Gayer said that since the School Department took over the Barnes property there is no place for the survey truck and he would like to keep it in the Red Cross garage formerly used b'• the Police Department where Station the Red Cross is now keeping a Station Wagon. He ex- Wagon plained that the boys in the Engineering Department live within walking distance of the office whibh would mean that, if the truck is kept at the barn, they would have to go after it every morning and return it every night. Mrs. Morey asked if the Red Cross Station Wagon could be kept at the barn. She said that the drivers all have their own cars and could drive to the barn after the wagon. It was ,`:greed to ask the Red Cross how it would 476 Lloyd sewer betterment Claims Traffic Regulation feel about garaging the Station Wagon at the Public Works Building. Mr. Stevens referred to the sewer betterment levied against the Lloyd property and said it should be the understanding with the owner that in the event the land was divided into house lots and a connection requested, a charge would have to be paid in one lump sum the same as would have been assessed for betterments. He said the betterment could be apportioned and postpone the time for paying on the small lot without interest. The bet- terment would have to be apportioned between the house lot and the small lot and when Mr. Gayer has the in- formation, the Board could then take action. Mr. Stevens reported that he has two damage claims for which he would like the Boards authority to settle. He explained that a service trench that the Public Works Department had dug for a sewer or water washed out during a rain storm on September 27th or 28th and two cars ran into the dithh. One driver ruined a wheel and tire and the estimate is $47.25. The other driver ruined a spring and tire and the estimate is $110.75. He said there isn't much question about the liability. Mr. Stevens was authorized to settle the claims, offering to pay 50% of the cost of the tire. The in- dividuals involved were Eleanor McGowan and Joseph P. O'Connor. Mr. Stevens retired at 8:20 P.M. 1 The Chairman read a letter from Wilbur M. Jaquith relative to the one-way traffic regulation on the road between Depot Square and Meriam Street. He suggested that the Board consider making the traffic between the hours of 7:00 A.M. to 10:00 A.M. or to 12:00 P.M. either one-way in an easterly direction or two-way traffic for this period. He felt that this would make a better morning traffic flow in the Depot square area. The Boardfelt it would be difficult to make this one-way part of the day and two-way part of the day. It was agreed to advise Mr. Jaquith that the Board would like to leave the regulation as it is but if after a fair trial period, it proves to be a major problem, further consideration will be given to the subject. The Chairman read a letter from Mr. Spiris, Adminis- trative Assistant, Lexington Public Schools, stating that he had two or three requests for more protection for school children going to the Franklin School. He said that he understands that even though there is a walk line and a push button at the Marrett Road and Waltham Street cross- 477 ing, it is still quite hazardous for young children. The Chairman read a letter from Chief Rycroft ad- vising that on three different occasions this crossing had been observed in the morning while the children Traffic would be attending school and the highest number of children crossing was eight and the lowest number was five. He renorted that there was no hazard if the "walk light" button functioned properly and the child- ren wait for the lights to change. He has contacted the State Traffic Control who services the lights and requested that the button be inspected to see that the lights function properly. It was agreed to send a copy of the Chief's letter to Mr. Spiris. The Chairman read a letter from the Peacock Farms Association advising that the Association desires to discourage traffic from using Peacock Farm Road as an Traffic access. to Route 2 by the erection of stanchions in the middle of the street or make it impossible for cars and trucks to exceed a speed of about fifteen miles per hour. Mrs. Morey reported that the Traffic Study Com- mittee recommends that the abutters petition for side- walks for which an assessment of $1.00 per foot will be levied, the Town to pay the balance. It was also agreed to advise that every subdivision is supposed to have two recognized means of egress. Mr. Gayer referred to snow plowing on the side- walk on Marrett Road from Waltham Street towards Swen- son's Farm, and reported that about ten years ago, the Town did plow the walk there for one year. It was not plowed the following year and has not been plowed since, He presented a map showing the areas that will have to Sidewalk be plowed if sidewalks on State highways are to be plow- plowing ed. He said he is convinced he will not have the equipment or time. The Chairman asked how many sidewalks are not being plowed and he replied that there are quite a few. He mentioned Maple and Lowell Streets and said that Marrett Road was an agreement between the Town and the State. Mrs. Morey said that all sidewalks along heavily travelled roads should be plowed. Mr. Adams said th. t Mr. Gayer should obtain a sbhool bus plan, as it should not be necessary to plow sidewalks where the children are picked up by bus. Mrs. Morey suggested that Mr. Gayer go over the subject with Mr. Spiris. 478 Sutherland sewer Betterment Letter was received from Mr. Gayer relative to a sewer betterment assessment levied against property on Ross Road owned by Mrs. Louise Sutherland. The subject has been discussed with Town Counsel, and he felt that if the amount of the assessment was larger than the amount of the estimate signed for, it may be a policy question as to whether the Board of Selectmen feels in fairness there should be an abatement to the lower figure. Mr. Gayer was instructed to have an abatement pre- pared for the Board to sign next week. The Chairman reported that Mr. Gayer has talked to him about equipment and there are funds available to pur- chase a pickup truck. The Board had no objection providing funds are avail- able. Letter was received fn im Alyce D. Monahan, copy of which was mailed to the Board, relative to deferment of a sewer betterment assessment. It was agreed to advise Miss Monahan that the sub- ject would be discussed with Town Counsel and to advise her also that the Executor of the estate is the individual who should negotiate the betterment charges. Letter was received fralmMr. Spiris relative to salaries for custodians and secretaries. The Chairman reported that he has talked to Mr. Spiris on the telephone and expects to meet with him within a day or two. Mrs. Morey said she is interested in the subject because work is being done on the library budget and they should be all alike. Application for a Certificate of Incorporation was received on behalf of John W. Fulton, 78 Hill Street, Donald M. Wacome, 102 Burlington Street and John T. Cert. of Inc. Pollard, Jr., 53 Munroe Road. A satisfactorycharacter reference on each individual was received from the Chief of Police. Upon motion duly made and seconded, it was voted to sign the application and return it to the Secretary of State. The Planning Board met with the Selectmen to dis- cuss the proposed location of Worthen Road from Waltham Street to Route 2, and retired at 10:15 P.M. The Chairman read a letter from the Planning Board relative tothe use of the Reiss land, located between Hinchey Road and Westview Street, for a Town dump. The 1 479 Planning Board believes this to be a matter worth looking into further. However, it is the opinion of that Board that the present dump should be filled in first. The Planning Board feels that at the time the use of the Eeiss land is investigated, consideration Dump should be given to the need of locating a dump in the easterly section of town, the cost of operating two or three dumps and the possibility of cooperative costs of operating an incinerator in Belmont in the Concord Avenue vicinity. The Chairman read a letter from the Planning Board relative to street names and acceptances -- Moore Realty Moore Realty Trust. Burnham Road and Emerson Road from Adams Street Trust to Vine Brook are ready for acceptance as town ways. The remaining portion of Emerson Road, including the box culvert, Thoreau Road and Alcott Road can be ready for acceptance at the Annual Town Meeting. However, the work should be completed to the satisfaction of the Superintendent of Public Works and grants of utilities and all necessary easements obtained from the Moore Realty Trust. It was recommended that no action be taken on the acceptance of Crawford Road and Linmoor Terrace until Town Counsel obtains the grant of utilities from the Moore Realty Trust and the grants of easements from the Hofheimers and Savenors. In regard to the suggestion that L1nmoor Terrace and Crawford Road be combined into one street, the Planning Board's opinion is that this should not be done. It is the Board's opinion th-t Linmoor Road would be a better name than Linmoor Terrace and that Ballard Ter- race and Crawford Road be combined into Ballard Terrace. The Planning Board agreed to assume responsibility of notifying the Selectman when subdivision streets are ready for acceptance by the Town. Mr. James reported that he had received three or four telephone calls requesting permission to hunt on Town -owned land. Huhting The Board was unanimously opposed to granting per- mission for any hunting on town -owned land. The meeting adjourned at 10:45 P.M. A true record, Attest: Cle k, Seldtmen. 480 Jurors SFLECTMEN,S MEETING October 27, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 27, 1958 at 7:30 P.M. Chairman Maloney, Messrs, James, Tucker, Adams 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 two jurors. George H. Everett, Jr., 23 Bridge Street and Edwin R. Johnson, 4 Watson Road, were drawn for jury duty. Mr. Carroll retired. Mr. Donald B. Cobb, 14 Hayes Lane, met with the Board. Mr. Cobb had been recommended as a member of the Town Celebrations committee and the Chairman ex- plained that he had been invited to attend the meet- ing so that the Board would have an opportunity to meet him and he would know the members of the Board. Mr. Cobb said he would be pleased to do anything that he can. He has lived in Lexington for three years Appointment and is an English teacher in the Lexington High School. He was born in Norwood and has always lived in Massachu- setts. He was formerly a teacher in Belmont, but lived in Lexington. Mr. Cobb retired at 7:35 P.M. Upon motion duly made and seconded, it was voted to appoint Donald E. Cobb a member of the Town Cele- brations Committee to fill the vacancy caused by Mr. Poehler's resignation., for an unexpired term ending April 30, 1959. Act Mr. Stevens said he would leave with the Chairman a copy of the Act relative to Selectmen's Meetings. Mrs. Morey asked if the agenda had to be prepared in a different way, and Mr. Stevens replied that he only received a copy of the Act today and has not had an opportunity to study it. Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying tax title lot 98 Taft Avenue, Liberty Heights, to Stewart C. Cairns and Grace M. Cairns, 47 Taft Avenue. 1 481 A restriction was incorporated in the deed re- quiring that for purposes of building, lot 98 is to Deed to be combined with the adjoining lots 93 to 97, in- tax title elusive, as shown on plan and that only one building, lot together with customary accessory buildings shall be erected, placed or maintained on the combined lot. Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying tax title lot 99 Taft Avenue, Liberty Heights, to Jennie C. & Edward E. Coye, 53 Taft Avenue. A restriction was incorporated in the deed re- quiring that for purposes of building, lot 99 is to be combined with the adjoining lots 100 to 104, in- clusive, as shown on plan, and that only one building, together with customary accessory buildings shall be erected, placed or maintained on the combined lot. Deed to tax title lot Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying tax title lot 4, ,lock 91, Essex Street to John E. McManus, 3 Laurel Street. A restriction was incorporated in the deed re- Deed to quiring that for purposes of building, said lot is to tax title be combined with adjoining lots 1, 2 and 3, as shown lot on plan, and that only one building, together with customary accessory buildings, shall be erected, placed or maintained on the combined lot. Mr. Stevens said that he had received a letter from Mr. Gayer regarding the sewer betterments against the land of Lloyd. Upon motion duly made and seconded, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of sewer betterment as- sessment in the amount of $518.74, without interest, Lloyd Sewer until said land or any part thereof is built upon, sold Betterment or until the expiration of three years from the date deferred 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. It was further voted to abate the sewer betterment assessment in the amount of $1,166.14, it having been explained to and Egreed by the owners, that in the event Lloyd Sewer there should be any subdivision of the land so that any Betterment of the property is ever requested to have a sewer con- abated nection made to the sewer, there will be a sewer connec- tion charge at that time in lieu of betterments. 482 The Chairman read a letter from the State Depart- ment of Public Works relative to the possible extension of curbing on the southwesterly side of Marrett Road in the vicinity of #436. The State will do all the necessary work to construct a sidewalk except the sur- face if the town will agree to four items listed in the letter. Mr. Adams said he thought the entire area should have curbing and reported that Auto Engineering Inc. Curbing parks cars out onto the sidewalk. The Chairman pointed out that the town would have to be responsible for removal of snow. Mr. Gayer said there might be some problem in get- ting a sidewalk tractor up there. Mr. Stevens said that the State wants to make sure the sidewalk can be used during the winter. Mr. Adams said there should be curbing and if it is not possible to have it without a sidewalk, then there should be a sidewalk. Mrs. Morey suggested deferring action for the pre- sent. She said that the situation at Countryside is similar, and she felt that a policy should be established for all business areas as to whether or not there is going Sidewalk to be curbing: and then go on from there. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to agree to the conditions set forth in the letter from the State as follows: Pole locations 1. To provide funds for and place the sidewalk surface. 2. To be responsible for maintenance and snow removal on the completed sidewalk. 3. To be responsible for all slope easeiients and all grade damage claims by the abutters. 4. To make no assessments on abutters for work done by the Massachusetts Department of Public Works. Mr. Stevens retired at 8:00 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing j/o pole locations, same having been approved by Mr. Gayer. Robinson Road, westerly side approximately 10 feet south of Turning Mill Road, -- One Pole. (One existing j/o pole to be removed.) lama Zasso 1 1 483 Robinson Road, easterly side approximately 125 feet south of Turning Mill Road, -- One Pole. (One existing j/o pole to be removed.) The t'hairman read a letter from Alfred P. Tropeano advising that the Vine Brook Realty Trust is anxious to receive a profile from the easterly side line of Waltham Street across the land of the Trust to the proposed Worthen Road. The Trust is ready to petition the Board of Appeals, and the preliminary plans are ready subject only to obtaining the Worthen Road profile. He requested the Board to advise him when the profile will be ready and who the engineer will be. Worthen Rd. Mr. Gayer said that there are no plans for this section and asked if this is something the Town is going to do next year. If it is to be done, money wi]Lhave to be appropriated for an engineering study to establish the profile. The Chairman asked if it would be wise to discuss this with the Planning Board and -kir. Gayer replied in the affirmative. Mr. James said he felt this was an obligation of the Planning Board. He said that if the Planning Board is going to lay out on a map where a road is going to go and require developers to adhere to that as a part of the plan, then they should have the profile as well. Mr. Adams said the subject should b e discussed with the Planning Board right away and asked how much money is involved. Mr. Gayer replied $,000 or $10,000. Further consideration was given to Mrs. Morgenstern's complaint relative to parking at the intersection of Lowell and Woburn Streets. Mr. Adams said he thought there should be both curb- ing and a sidewalk, and that the Selectmen and the Park- ing Committee should take a look at the area. Parking It was agreed to discuss this with the Planning Board two weeks from tonight. Messrs. Paul Howard, Edwin Howard, Fowls, Bryson and Manasse met with the Board relative to the water problem. Mr. Paul Howard spoke for Whitman & Howard and said that !ie :met with the Citizens' Group last week and furnished copies of what he presented to the Board this evening. At that meeting they went over the analysis and the Committee agreed, after they got the mathematics down, with Whitman & Howard's report as submitted to the 484 Water Board for permanent improvements to the water system. He explained that the group used one formula and he used another. The result was within 10%. He explained that the problem mathematically can be solved but the human element enters into it. He said the Committee is in agreement with the suggested temporary measures if the Town sees fit to do them. Mr. Howard said if pressure could be brought to get a bill in the Legislature by the first of the year so that construction could be started by 1960, it would take care of the situation. The Chairman said he understood the M.D.C. has a bill of its own going in. Mr. Edwin Howard explained that the M.D.C. does not intend to push it. Some time next year, an engineer will be hired, but they do not expect to be in operation until 1962. Mr. Paul Howard said he thought it could be in opera- tion by the Summer of 1960. Mr. Fowle said that this seems to be tied in with the relocation of Route 2. The Chairman asked if the M.D.C. was going to tie in at Pleasant Street, Arlington, to come up to the stand- pipe in 1959 and Mr. Howard replied in the affirmative. Mr. Howard said that if the M.D.C. does all it plans to do only a little sooner, there will be no water problem. The Chairman referred to pumps in spotted areas and asked what would happen to the border areas when the pumps are working. Mr. Howard replied that the hills use so little water by comparison it would not matter. He said there is a minimum of four houses and a maximum of sixty houses, and they should use water in the same way as their neighbors and obey restrictions. The Chairman pointed out that there is no problem when the use of the water is restricted. The Chairman asked if those present were in agreement on the study that if M.D.C. does what it plans to do a little sooner than it planned, that the situation in Lex- ington will be all right. Mr. Fowle said he thought they agreed that the tem- porary recommendations should be followed. Mr. Howard said that there would be some trouPle in dry hot spells in the Summer until the M.D.C. goes ahead unless the temporary measures as suggested are carried out. Mr. Adams asked if the booster pumps would be in op- eration next Summer if approved at the Annual Town Meeting, and Mr. Gayer replied in the negative. 1 Mr. Fowler said that the C ommitteets feeling is that they can talk about accelerating the M.D.C. program, but it has no power over that and it might be better for the Town to db what it can and not count on anyone else. He said if it would be no financial hardship on Cambridge, Lexington could either replenish the water or pay for it. The Chairman asked if the water pumped out of the water basin was filtered before going into the pipes, and Mr. Howard replied in the affirmative. He said it would not be as good quality as the town now has. He has not made a detailed study in regard to water from the Hobbs Brook Basin but thought it would be under $100,000. The group, with the exception of Mr. Edwin Howard, retired. Mr. Howard referred to the Power Construction Co., low bidder on Contract No. 2. He reported that they seem to be a working group and Federico said he worked for Mr. Howard in 1937. They now have a contract in Worcester for a sewer job which has just started. They should finish Worcester and then come to Lexington which will be five weeks. Mr. Howard said he wanted the Board to understand. The bonding company advised today that they will definitely bond Power. He said they could put a second shovel on in Worcester and move both shovels to Lexington. Mr. Howard reported th=_t the .second Contractor, T. D. Sullivan, has $16,000. They are good to do business with but slow, and have never had a job of this size. If the contract is not given to Powers the Board will have to go to Cibotti, an increase of $25,000. He asked if the Board wanted to wait six weeks and save the $25,000. It was unanimously agreed not to rescind the vote previously passed, awarding- the contract to the Power Construction Co. Mr. Howard retired at 9:15 P.M. Letter was received from the Homeland Realty, Inc., offering $200 for tax title lots 146 and 147 Tarbell Ave nue . Mr. James said there is no water or sewer available for these two lots and he therefore felt that the offer should be rejected. Upon motion duly made and seconded, it was voted to advise Homeland Realty that it is the Board's opinion that it is in the best interest of the Town not to dis- pose of these lots. Letter was received from Leeland Construction Co. relative to the purchase of tax title lots on Freemont 4b Tax title 48 Tax title Report Street. r ommende and lots It lots in Let the Boar He sugge go into The tion. If the lots are sold, the d restricting lots 234-242 631-634 for one house. was unanimously agreed not thit area. Planning Board re - for two houses only to dispose of the ter was received from Mr. Nickerson, Chairman of d of Appeals, in regard to the Annual Town Report. sted that the Board merely note the re -issues and detail on new business only. Board was in complete agreement with the sugges- Mrs. Morey reported that the League of Women Voters are anxious to amend the General By -Laws, whereby all Town records will be available at Cary Memorial Library. It was suggested that three copies of any publication, is- sued by the Town and distributed through the Town, should be filed at the library. This would include every report submitted to a Town Meeting. Mrs. Morey agreed to compose a letter to be sent out covering the subject. The meeting adjourned at 9:50 P.M. A true record, Attest: ;dLr brie n. 1 487 SELECTMEN'S MEETING November 3, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 3, 1958, at 7:30 P.I. Chairman Maloney, Messrs. James, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Adams arrived at the meeting at 8:10 P.M. Mr. Stevens said that he had a Certificate of Entry on Depot Place and explained that it should be Depot Place filed and notices mailed to those individuals whose Cert. of land was taken. Entry Upon motion duly made and seconded, it was voted to sign a Certificate of Entry in the following form: CERTIFICATE OF ENTRY On December 17, 1956, the Board of Selectmen of the Town of Lexington duly adopted an order taking the right and easement to use for all the purposes of a town way certain land in Lexington, all as therein des- cribed, and said order was recorded in Middlesex South District Registry of Deeds on December 18, 1956, Book 8875, Page.415. It is hereby certified that pursuant to said order the Town of Lexington made entry upon the land included therein for the purpose of constructing the town way on April 7, 1958. Witness our hands at Lexington, Massachusetts, this 3rd day of November, 1958. TOWN OF LEXINGTON By William E. Maloney /s/ Ruth Morey Raymond W. James Ralph H. Tucker Alan G. Adams Majority of the Board of Selectmen 488 Middleby Rd. Cert. of Entry Mr. Stevens said that he also had a Certificate of Entry on a drain easement taken on Middleby Road. Upon motion duly made and seconded, it was voted to sign a Certificate of Entry in the following form: CERTIFICATE OF ENTRY On October 6, 1958, the Board of Selectmen of the Town of Lexington duly adopted an order taking rights and easements to construct, operate and maintain draina in certain land in said Lexington, consisting of a por- tion of Middleby Road, all as therein described, and said order was recorded in Middlesex South District Registry of Deeds on October 15, 1958, Book Page It is hereby certified that pursuant to said order the Town of Lexington made entry upon the land included therein for the purpose of constructing the drains on October 15, 1958. Witness our hands at Lexington, Massachusetts this 3rd day of November, 1958. TOWN OF LEXINGTON B, William E. Maloney /s/ Ruth Morey Raymond W. James Ralph H. Tucker Alan G. Adams Majority of the Board of Selectmen Mr. Stevens had Orders of taking of sewer ease- ments to be signed on Asbury Street, Balfour Street, Bellflower Street and Hamblen Street. He explained Sewer ease- that each order represents a street where the Board ment has already adopted an Order of construction, but the easements were not taken. Upon motion duly made and seconded, it was voted to sign Orders of taking of sewer easements as 'follows: 1 489. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 3rd day of November, 1958, it is ORDERED: Whereas ata Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance with the provisions of law applicable thereto, it wasun- animously "Voted: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may deter- mine, 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 neces- sary therefor; and to appropriate for such installation and land acquisition the sum of 01691 650. and that pay- ment be provided by the transfer of $52,650.00 from the Sewer Assessment round, the raising of 052,000. in the current tax levy and the balance of $65,000. to be pro- vided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $65,000.00 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 a sanitary 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 andon behalf of said Town of Lexington the perpetual rights and easements to lay, con- struct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any man- holes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to 490 pass along and over the land for the aforesaid purposes, in, through and under the whole of that portion of Asbury Street, an unaccepted street in said Lexington, that com- mences at Freemont Street and extends southerly to Balfour Street, the distance along the easterly side lines of As- bury Street being 967.48 feet, more or less, and the dis- tance along the westerly side lines of Asbury Street being 962 feet, more or less, all as shown on plan entitled "Plan of Sewer Easement In Asbury Street Lexington - Mass.", Rich- ard J. Gayer, Town ngineer, dated March 25, 1958, to be re- corded herewith, and reference to said plan is made and said plan is incorporated herein for a complete and detailed des- cription of said portion of Asbury Street. 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 ex- ercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, suc- cessors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent with the use thereof for all of the purposes here- inabove 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 parcel are included within the taking. The iand 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 of said land or of any interest therein is not stated or is not correctly stated, it is to be understood thet such land or interest is owned by an owner or owners unknown to us: Owner Lots as shoran on aforesaid plan Town of Lexington Town of Lexington Joseph J. Sheehan William R. Miller Kenneth F. & Alpha S.St.George, husband and wife James A. & Patricia J. Gaudet, husband and wife John J. & Marguerite E. Brisbois husband and wife Benjamin H. & tinn Cronin Galini, husband and wife Clarence E. & Theda E. Bentley, husband and wife 240-242, 243-258, 259-262, 263-268, 269-275, 276-278, ,279-282, 527-533, 534-536, inclusive inclusive inclusive inclusive inclusive inclusive inclusive inclusive inclusive 1 491 Philip P. & Ruth M. Spencer, husband and wife Mabel A. Dempsey Jesse W. Robbins Harry J. & Doris Mae Baker, husband and wife Anthony J. & Rita L. Zani, husband and wife Joseph T. Bourke 537-539, 568-572, 540-548, 549-551, 644-648, 639-643, inclusive inclusive Inclusive inclusive inclusive inclusive Betterments have been assessed for this improvement and are set forth in the order for construction of a sewer in Asbury Street adopted August 25, 1958, and re- corded in Middlesex South District Registry of Deeds, Book 9217, Page 201. And said Board, having considered the question of damages, hereby, determines that no damages h:ve been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid this 3rd day of November, 1958. /s/ William E. Maloney Ruth Morey Raymond W. James Ralph H. Tucker Alan G. Adams Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 3, 1958 Then personally appeared William E. Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, andacknowledged the fpregoijng instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray Notary ?ublic My commission expires: Nov. 21, 1964 492 C O 7MONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 3rd day of Novembe,', 1958, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance withL. the provisions of law applicable thereto, it was unanimously "Voted: That the Selectmen be and they hereby are author- ized to install sewer mins, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets pr ether land as the Selectmen may determine, in accordance with Chapter 5011 of theActs 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 $169,650. and that payment be provided by the transfer of $52,650.00 from the Sewer Assessment Fund, the raising of $52,000. in the current tax levy and the balance of $65,000. 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 the sum of $65,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the pro- visions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined a sanitary sewer main should be located in the land hereinafter des- cribed. 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 1397 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 autority 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, con- struct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any man- holes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to 1 493 pass along and over the land for the aforesaid pur- poses, in, through and under the whole of that portion of Balfour Street, an unaccepted st°eet in said Lex- ington, that commences at Cedar Street and extends westerly a distance of 612 feet, more or less, along the northerly side line of Balfour Street, and a dis- and tance of 641 feet, more or less, along the southwesterly/southerly side lines of Balfour Street as shown on plan entitled "Plan of Sewer Easement In Balfour Street Lexington Mass.", Richard J. Gayer, Town Engineer, dated April 1, 1958, to be recorded herewith and a copy of which is annexed hereto, and reference to said plan is tale and said plan is incorporated herein for a complete and detailed descrip- tion of said portion of Balfour Street. Said rights and easements in the land included with- in 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 heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the. pur- poses 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 parcel are included within the taking. The land in which the aforesaid rights and ease- ments are taken is believed to belong to the following named parties, 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 an owner or owners un- known to us: REGISTERED LAND Lots as Shown on Land Court Certi- Owner Aforesaid Plan ficate of Title Book Page Arthur D. Jr. & 1 and 2 83623 548 73 Dorothy B. Ritchie husband and wife 494 Owner UNREGISTERED LAND Lots as ''hown on aforesaidplan Ralph F. & Hilda T. Shepard 495-497, inclusive husband and wife Arnold W. & Marjorie C. Williams, husband and wife A C. Bix & Barbara R. Shoemaker, B,C and D husband and wife John M. & Maria A. Doukes, husband and wife E Craig L. & Thelma L. Crowell, husband and wife 7 Albert Wellington & Dorothy Dillon, 8 husband and wife Robert A. & Etta K.Kirton, 9 husband and wife Philip N. & Ann E. Garfield, husband and wife 10 Chapin A. & Mary H. Harris, 11 husband and wife Robert Henry & Martha A-. Farwell, husband and wife 12 Betterments have been assessed for this improvement and are set forth in the order for construction of a sewer in Balfour Street adopted August 25, 1958 and re- corded in Middlesex ]outh District Registry of Deeds, Book 9217, Page 195 and registered in Middlesex South Land Registry District as Document 333,305. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid this 3rd day of November, 1958. /s/ William E. Maloney Ruth Morey Raymond W. James Ralph H. Tucker Alan G. Adams Majority of the Board of Selectmen 495 C ON T0NWEALTH OF MASSACHUSETTS Middlesex, ss. November 3, 1958 Then personally appeared William Z. Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/Hazel J. Murray Notary Public My Commission expires Nov. 21, 1964 COMMONWEALTH OF MA• SACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 3rd day of November, 1958, it is ORDERED: Whereas at a Town meeting duly called, warned and held on March 10, i958, namely at an adjourned session thereof duly held on March 17, 1956, in accord- ance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the as- sessment 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 6169,650. and that payment be provided by the transfer of 552,650.00 from the Sewer Assessment Fund, the rais- ing of 052,000. in the current tax levy and the balance of S65,000. to be provided by the issue of bonds or notes of the Town; and the t the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of S65,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the 493 provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined a sanitary 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 Lex- ington, 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 behalfof said Town of Lexington the per- petual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever. maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to,,all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, th, through and under the whole of that portion of Bellflower Street;; an unaccepted street in said Lexington, that commences at Balfour Street and extends northerly to Hamblen Street, the distance along the easterly side line of Bellflower Street being 583 ft. and the distance along the westerly side line of Bellflower Street being 558 ft.,more oriless, all as shown on plan entitled "Plan of Sewer Easement in Bellflower Street Lexington Mass.", Richard J. Gayer, Town Engineer, dated April 8, 1958, to be recorded here- with, and reference to said plan is made and said plan is incorporated herein for a complete and detailed des- cription of said portion of Bellflower Street. 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 heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the pur- poses 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. 1 497 Any trees upon the land included within the above described parcel are included within the taking. The land in which the aforesaid rights and ease- ments are taken is believed to belong to the following named parties, 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 an owners unknown to us: Owner Lots as shown on aforesaid plan Ralph F. & Hilda T. Shepard, husrand and wife Manuel F. Jr. & Eleanor G. Matthews, husband and wife Richard I. & Ann B. Jones, husband and wife Chankey N. & Mary Louise Touart, husband and wife Leo M. & Cecilia B. McSweeney, husband and wife Arnold W. & Marjorie C. Williams, husband and wife Lincoln R. & Ruth F. Shedd, husband arra wife Gilbert & Elizabeth S. Corwin, husband and wife Adam S. & Eva E. Wood, husband and wife Anna DeVita Town of Lexington 494-497, inclusive 498-501, inclusive 502-505, inclusive 506-510, inclusive 593-600, inclusive A Part of 22, and lots 23 and 24 25-27, inclusive 28 and 59-63, 64-68, 29 inclusive inclusive Betterments have beer assessed for this improvement and and are set forth in the order for construction of a sewer in Bellflower Street adopted August 25, 1958, and recorded in Middlesex South District Registry of Deeds, Book 9217, Page 193. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at. Lexington as aforesaid this 3rd day of November, 1958. /s/ William E. Maloney Ruth Morey Raymond W. James Ralph H. Tucker Alan G. Adams Majority of the Board of Selectmen 498 COMMONWEALTH EALTH OF MASSACHUSETTS Middlesex, ss. November 3 1958 Then personally appeared William E. Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray My commission expires Notary Public Nov; 21, 1964 C 0MMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town -of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 3rd day of November, 1958, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accord- ance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments o- otherwise, in such accepted or unaccepted streets or other land as the Selectmmn 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 ac- auire any fee, easement or other interest in land nece-- sary therefor; and to appropriate for such installation and land acquisition the sum of $169,650. and that pay- ment be provided by the transfer of $52,650.00 from the Sewer Assessment Fund, the raising of $52,000. in the current tax levy and the balance of $65,000, to be pro- vided bythe issue of bonds or notes of the Town; and 1 1 499 that the Tre.surer, with the apc;roval of the Select- men be and he hereby is authorized to borrow the sum of $65,O 0.00 and issue bonds or notes of the Town therefor, tp be payable in accordance with th= pro- visions of Chapter Li4 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined a sanitary sewer main shouid_be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, bein: a major- ity of the Board. of Selectmen of said Town of "exingteai duly elected and aualified 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 "exington the perpetual rights and ease- ments to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the afore- said purposes, in, through and under the wholeof that portion of Hamblen Street, an unaccepted street in said Lexington, that commences at Bellflower Street and ex- tends easterly to Cedar Street, the distance along the southerly side line of Hamblen Street being 605 feet and the distance along the northerly side line of Hamblen Street being 614 feet, more or less, all as shown on plan entitled "Plan of Sewer Easement In Hamblen Street Lex- ington Mass.", Richard J. Gayer, Town Engineer, dated April 10, 1958, to be recorded herewith, and reference to said plan is made and said plan is incorporated here- in for a complete and detailed description of sgid por- tion of Hamblen Street. Said rights and easements in the land included within the above description are taken without inter- ference with or prejudice to the rights of the respec- tive 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 heirs, successors and assigns all their respective rights in and to the use of their lands 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 500 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 i,,hen the entry was made. Any trees upon the land included within the above described parcel 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 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 an owner or owners unknown to us: Owner Lots as shown on aforesaid plan Town of Lexington Fred J. & Adele L. Kolb, husband and wife Robert M. & Brenda M. Shaw, husband and wife John C. & C. Genevieve Nelson, husband and wife Joseph L. & Claire A. Gillis, husband and wife Henry C. Jr. & Christiana E. Kirkland, husband and wife Joseph J. & Helen J. Barowski, husband and wife James C. Shaw Frederick W. & E. Dorothy Shaw, husband and wife Leo P. & Anne P. McCabe, husband and wife Charles A. & Ada M. Robinson, husband and wife George W. & Stella H. Laurendeau, husband and wife 65-72, inclusive 73-75, inclusive 76-80, inclusive 81 46-48, inclusive 82-85, inclusive 90-93, inclusive Lots 94 and 95 and part of lot 96 Part of lot 96 and lots 97 and 98 99-101, inclusive 102-105, inclusive 106-109, inclusive Betterments have been assessed for this improvement and are set forth in the order for construction of a sewer in Hamblen Street adopted August 25, 1958, and recorded in Middlesex bouth Registry of Deeds, Book 9217, Page 197. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded,. 1 1 WITNESS ou.'hands et Lexington as aforesaid this 3rd day of November, 1958. /s/ William E. Maloney Ruth Morey Raymond W. James Ralph H. Tucker Alan G. Adams Majority of -the .Board d' Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 3, 1958 Then personally appeared William E. Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. fucker, known to me to `)e the duly elected, qualified and acting Selectmen of the 'Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /"s/ Hazel J. Murray Notary Public My commission expires: Nov. 21, 1961 Mr. Stevens submitted a deed conveying lots 1 and 2, Block 29, Reed Street to Onel He explained that in examining the records taking and foreclosure, he found that these had misdescribed the property as being lot 29. He called Mr. Norman T. May, attorney and advised him of the situation. Mr. Russ associate, said they are prepared to r o ahe chase the lots. Upon motion duly made and seconded, it to sign the deed, prepared by Mr. Stevens, tax title lots 1 and 2, Block 29, Reed Stre Deflice, Jr. 50i tax title Deflice, Jr. of the tax instruments 182 in Block for Mr. Deflice Tax ian, Mr. May's title ad and pur- was voted conveying et to Onel Mr. Stevens asked if any arrangements had every:been made with Mr. Scott regarding Depot Place and the Chair- 502 Depot Place Se we r Role locations man replied in the negative. Mr. Stevens said he thought someone should look at the property and submit an estim-te of what damages, if any, Smith sustained. He said he would look up the estate of Scott at the Registry of Probate and find out who is handling it. Further consideration was given to Mr. and Mrs. Larry Anderson's letter of October 16, 1958 asking to be connected to the sewer in Winter Street. Mr. Gayer reported that this item is on the work list to be done and should be done this week. Mrs. Morey asked if the Board had established a policy whereby all people wanting betterment projects should have their requests submitted by October 15th. The Chairman explained that some of the people in this area can be sewered and some cannot and asked how they know whether or not they can be served by the Win- ter Street sewer. Mr. Gayer replied that the Andersons can be connected. Mr. Stevens retired at 7:55 P.M. Petition was received from the Boston Edison Company and the New-ngland Telephone and Telegraph Company for permission to locate ten poles on Maple Street. The Chairman explained that the relocation of poles was necessitated by the construction of the sidewalk. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the following j/o pole locations: Maple Street, southeasterly side approximately 1850' northeast of Massachusetts Avenue, -- One pole. (One existing j/o pole to be removed.) Maple Street, southeasterly side approximately 2215' northeast of Massachusetts Avenue, -- One pole. (One existing j/o pole to be removed.) Maple Street, southeasterly side approximately 2755' northeast of Massachusetts Avenue, -- One pole. (One existing j/o pole to be removed.) Maple Street, southeasterly side northeasterly from a point approximately 3095' Northeast of Massachusetts Avenue, -- Five poles. (Five existing j/o poles to be removed. Maple Street, southeasterly side southwesterly from a point approximately 480' southwest of Lowell Street, Two poles (Two existing poles to be removed.) 1 The Chairman read a letter from John E. Harvey, 1 Constitution Road protesting the sewer betterment as- sessments levied against Lot 69 Constitution Road and Lot 70 on Paul Revere Rcad. Mr. Gayer presented a plan, indicated the lots and explained the assessments. He explained that there is nothing wrong with the assessment and he has gone over the method of assessment with Mr. Harvey. Mr. James said this is no different than anyone else owning- two lots and he is being assessed for one side of each lot. Mr. Tucker asked if the two lots were separate and Mr. Gayer replied in the affirmative. Mr. Tucker asked if the assessment on the separate lot could be deferred. Mr. James said as he recalled it, Mr. Stevens has explained the intent of the law was on acreage and not to defer a separate single building lot a person might have. He said he realized the Board has deferred on single lots, but it is not good policy. Mr. Gayer explained that the assessment was made the way it would be for any corner lot. Mrs, Morey said she thought Mr. Harvey should take the twenty years to pay the betterment. it was unanimously agreed to advise Mr. Harvey that the best solution for him would be to pay the assessment over'a period of twenty years. The Chairman read a letter from Mr. Gayer advising that he will need additional funds for Sewer Maintenance, the estimated amount to complete the year being $3,700. Transfer An explanation of the reouest for funds was incorporated in the letter. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to reouest the Appropriation Committee to trans- fer the sum of $3,700 from the Reserve Fund to the Sewer Maintenance Account. 50 Harve y sewer assessments Mr. Eric T. Clarke and two other individuals met with the Board relative to street betterment assessment of $61.14 levied against lot 30 Moreland Avenue and $648.71 levied against lot 24 Moreland Avenue.. Mr. Clarke said he wrote to the Board on October 9th and once earlier than that. The question which arose at the time of his last letter was whether the lots under eonsideration were the same lots. He said the lots on the plan are not the same number as the street numbers. He stated that he would discuss the one on page 3 of the plan first, lot 30. The other lot which is common land is lot 24. This lot is Six Moon Hill street assessments 604 smaller than the rest of the lots and has never been cc considered a saleable lot. Mr. Clarke said these two lots have never been built upon and are not considered to he built upon. He said lot 30 is swamp land and lot 24 is a play area. The Chairman said he understood a parcel of land was purchased from Mr. Boinay to enable the corporation to build a swimming pool. He said they could not have had the swimming pool without lot 24. One of the men said the land was purchased from Mr. Boinay for blasting purposes. The Chairman asked if they were concerned about the betterment assessment and Mr. Clarke replied in the affirmative. The Chairman asked if there was any question about the assessment made by the Board of Assessors, and Mr. Clarke replied in the negative. Mr. Clarke said Moon Hill was accepted and the bills sent out about eight weeks ago. He .said there is no question about the other lots, and he understood the assessment is abatable if the land cannot be built upon. He said lot 24 is buildable but the corporation considers this to be community land and wants to know if it can be abated as community land. The Chairman said that a similar case has never been presented before. Mr. Tucker asked if they paid taxes for this pro- perty and Mr. Clarke replied that they pay taxes on both pieces. Mr. James asked if the assessment on lot 30 was low and Mr. Clarke replied that it is $250. Mrs. Morey asked if the proposed street out to Pleasant Street would go out lot 30 and one of the men said that is Milliken Road shown on page 3. One of the men said lot 30 is all swamp and they gave up the thought of using it for a tennis court. Mr. James said areawise if the land can be made suitable for building it could be divided into three house lots. Mr. Clarke asked if they could request an abate- ment on the basis that it is not built upon. He said he understood Mr. Wilson did that. Mr. Tucker asked if he meant abatement or defer- thnt and explained that there is a difference. He said if it is abated, it can never be collecteyl, but if it is defered, it can be collected. The Chairman explained why Mr. Wilson was granted a defer ment. He said that Mr. Wilson had no house lot on any street and if the land were subdivided, he would have been liable for betterments. Mr. Adams asked if they would still have a legal 1 505 size bt.iiding lot if the swimming pool was taken out and Mr. Clarke replied in the affirmative. Mr. Adams said it would appear that they would be able to get a buildable lot off the remaining part of lot 24. Mr. Clarke said he could not argue that it is not buildable. One of the men said they are trying to tell the Board that they have no intention of selling and a de- ferment would be acceptable, and if it is ever sold, there is no reason why the betterment should not be paid Mr. Clarke said that the amount of the betterment would not be a large part of the sale. The Chairman said that the Board would discuss the subject with Town Counsel. Mr. Adams asked if they would accept deferment rather than an abatement, and one of the men replied .in the affirmative. The group retired at 8:35 P.M. When M Stevens returned to the meeting, the Chair- man explained the request for abatement received from Six Moon hill, Inc. Mr. Stevens said the land is built upon. Now they are going to have a public way to get into the swimming pool and that way will be maintained by the Town. He said it is not a lot that is not being used and the purpose of the statute was area not in use, primarily agriculture. He said the value of the lot has been increased; the street is being used to get in there and the Town is maintaining it. Mr. Adams said the lot could be built upon by per- mission of the Board of Appeal. Mr. Stevens said it is now on a street that the Town is obliged to maintain. Mr. Adams said that the betterment seems justified and should be paid. Mr. Stevens agreed to draft a letter for the Chair- man to send the corporation. Mrs. Morey said the the Fire Commissioners should be advised to purchase a new flag for the Center Station. Mr. Gayer retired at 8:40 P.M. Letter was received from Maurice D. Healy, Chairman of the Veterans' Day Observance, asking to have a member Veterans' of the Board present at the annual observance of Veterans' Day Day, November 11, 1958, to read the Proclamation. Deferred assessment Notice was received from the Massachusetts Select- men's Association advising that the Fall meeting will be held on November 12th at the Belmont Country Club. Letter was received from Kenneth N. Ernst, 2 More- land Avenue, advising that he would like to defer the street betterment assessment levied on Lot F, Moreland. Avenue; it being understood that the $325.55 becomes due and payable in the event the property is sold or built upon. Upon motion duly made and seconded, it was voted under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of street betterment as- sessment in the amount of $325.55, Lot F, without in- terest, until said land or any part thereof is built up- on or sold or until the expiration of three years from the date hereof, whichever event occurs first. The Chairman said that there are funds for five additional police officers and the Chief would life to request four. Mr. Stevens said that the amount that can be paid next year is governed by what the department was pay- ing the last three months of the previous year, and 'Police they should have been put on the first of October. officers N. Adams said he understood that there is some provision whereby the men can be put on this month. The meeting adjourned at 9:05 P.M. A true record, Attest: xe tiv Clerk Sole men. SEL CTMMN'S MEETING November 10, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 10, 1958, at 7:30 P. M. Chairman Maloney, Messrs. James, Adams and Mrs. Morey. were presents• 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 Lexington School Department for permission to store 100 gallons of gasoline and 15,000 gallons of #5 fuel oil in underground tanks on the premises of the William Diamond Junior High School. Notide of the hearing was advertised in the Oct- ober 30th issue of the Lexington Minute -man, abutters notified and the application approved by B. J. Bel- castro, Deputy Chief of the Lexington Fire Department. Mr. Poehler, representing the applicant, was the only person present. He explained that the gasoline is for emergency only in the event the generator had to be used. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to issue a license to the Lexington School Department for permission to store 100 gallons of gas- oline in an underground tank and 15,000 gallons of #5 fuel oil. Mn. Poehler retired at 7:35 P. M. Upon motion duly made and seconded, it was voted to sign a contract, approved as to form by Mr. Stevens, between the Town and Power Construction Co. Inc., in the amount of $107,891.85 for sewer, water and drain work, contract #2 of 1958. Mr. Stevens retired at 7:55 P. M. Mr. Gayer presented a list of major public works pro.iects for the period 1959 - 1963 and reported that he has an appointment +-o discuss the data with the Capital Expenditures Committee. Mr. James said he thought the Board should be in agreement with the Superintendent before he discussed the projects with the Committee. Mrs. Morey said she thought the Planning Board should be approached. 507 Gasoline & oil hearing Contract Major Public Works projects 508 Mr. James asked if Mr. a now had seen the list and Mr. Gayer replied in the negative, stating that Mr. Snow knows about most of the information. Mr. James suggested reviewing the projects with the Planning Board later in the evening. Mr. Adams suggested a meeting with the Selectmen and the Capital Expenditures Committee. Mr. James felt that the Board should agree with Mr. Gayer, let him carry it to the Capital Expenditures Committee. He said after the Committee receives all its information from Mr. Gayer, and everyone else, then it would be time for the Board to review the entire program. Mr. Gayer was instructed to advise the Committee that the Selectmen would like an opportunity to review the report before he meets with it. The Selectmen, Planning Board and Mr. Gayer are to meet Thursday evening to discuss the proposed projects. Application was received from Cornelius P. Cronin for an abatement of $211.4..50 on a street betterment as- sessment levied against his property at 114 Utica Street. Mr. Gayer submitted a sketch of the property and IIC ronin's pavement in question. street Upon motion duly made and seconded, it was voted betterment to put through an abatement in the amount of $214.50 and the Chairman authorized to advise Mr. Cronin that when the unfinished portion of Utica Street is con- structed by the Town, a betterment will be assessed against the portion of his property that will derive benefit at that time. Letter was received from Mr. Gayer, advising that the last residence which can be sewered by gravity on Bedford St. Bedford Street, north of Winter Street, is house #533. sewer Mr. Gayer explained that the sewerwould be in - (Anderson) stalled in the sidewalk strip and no house beyond this can enter the sewer unless a pumping station is pro- vided or unless they go into Bedford. Mrs. Morey asked if the other two or three houses wanted the sewer installed, and Mr. Gayer explained that if the Board votes to extend it, they will have to pay betterments. 9 Hancock St. Letter was received from Mr. Gayer advising that Mr. John J. Garrity has turned over the keys to the property at 9 Hancock Street. Mr. Garrity stated that the oil burner in the boiler, the kitchen range and hot water tank and the TV antenna belong to him. Mr. Gayer said the Town will keep oil in the tank and keep low heat in the building unless otherwise ad - 1 509 vised. The Chairman read a letter from the Lexington Chapter American Red Cross, written to Mr. Gayer, relative to garaging the Red Cross station wagon. Because no definite stall would be allocated at the Public Works building and the car not easily accessible in times of evening emergencies, the organization was not interested in Red Cross that location, and hoped that the barn at the Garrity station house might be used. wagon The subject was discussed, and it was the opinion of the Board that the barn should not be made available, the primary reason being the problem of snow removal. It was suggested that the organization investigate the possibility of acquiring space at the Central Fire Station. Notice was received from Mr. Grindle that the Planning Board has appointed Mr. Paul Hanson a member of the Recreation Committee to fill the unexpired term caused by the death of Fred D. Wells. Upon motion duly made and seconded, it was voted to grant a Package Goods Store license, subject to the approval of the ABC, to the Lexington Liquor Mart, Inc. License Notice of the application for the renewal of the license was advertised in the October 23, 1958 issue of the Lexington Minute -man. Mr. James reported on the progress he has made in regard to bids opened Friday, November 7th, on group insurance. Mrs. Morey reported on the meeting with Mr. Judd, representative from Spaulding -Moss, regarding the 1958 Annual Town Report. Mr. Adams said that a saving of $500 or $600 might be realized over last years bid, but it will take at least a week to get a rough estimate. Mrs. Morey said because of the time element, per- haps there should be a committee to work on the report for next year. It was agreed to continue with the same type of report for 1958, and appoint a committee to work on a revised report fbr 1959. Mr. James suggested that bids be requested on 600, 700 and 800 copies of the 1958 report. The Planning Board and Mr. Snow met with the Select- men at 9:30 P. M. Town Reper t 510 Waltham St. widening Mr. Snow read a letter from the Planning Board in regard to the Worthen Road -Waltham Street intersection and the extension of Worthen Road from Waltham Street to Marrett Bond. He presented a plan entitled "Proposed Re -alignment of Worthen Road Adjacent to the northwester- ly sideline of Waltham Street", and read the following recommendations: 1. That the Town acquire Parcel A shown on the plan for the purpose of re -aligning Worthen Road, the Planning Board obtaining from the owners of said parcel an option to purchase the necessary land; 2. That the Town acquire Parcel B in exchange for Parcel C, the Planning Board obtaining an option for such an exchange. It is understood that if the Town takes favorable action on the second recommenda- tion under Section 8 (g) 2 of the Zoning By -Law, the. area of Lot B will be increased approximately 827 square feet and the front- age on Waltham Street by about 16 feet. Mr. Snow also read a letter and presented a plan entitled "Proposed Widening of Waltham Street at Worthen Road Intersection". The Planning Board recommends that the Selectmen request the County to lay out a section of Waltham Street as shown on the plan, the Planning Board obtaining from Vine Brook Realty Trust an option to ac- quire Parcel A. It is understood from conferences with Mr. Reenstierna that he will convey the land necessary for recommended widening for $1.00. The Board of Selectmen approved the layouts as pre- sented and explained by Mr. Snow. Mr. Snow reported that Mr. McConchie is developing Battle Green Village and has -asked the Planning Board for an informal opinion of the plan. The Planning Board did not feel it wished to act on such a plan where the Town would eventually acquire a pumping station to main- tain. Mr. Gayer said there are several places in Town where there is no alternative, and this is one of them. It will be the same set-up as Byron Avenue and Lockwood Road. Mr. Soule said th•,_t Mr. Nylander advised that this is the first of many and he asked if the Town was going to have to accept them. The Chairman asked if the land would be approved by the Board of Health for septic tanks, and Mr. Gayer re- plied that he didn't know. 1 • 511 Mr. Snow explained that the plan would have to be approved by the Superintendent of Public Works before it is submitted to the Planning:. Board, and there would have to be a bond. After the work is done and completed to the satisfaction of the Superintend- ent, it is a question of the Planning Board releasing Battle the bond. It would not be released until such time Green as the Town acquired the utilities in the subdivision. Pumping He said he did not think the Planning Board wants to Station go this far without having some knowledge of what the Selectmen want to do in regard to the pumping station because it would have to be maintained by the Town. Mr. Gayer said it would have to be inspected at least once a week and there must be some temporary power to run it. He explained that there should'.be a generator for ever- unit and an extra one. Mr. Jaquith asked if the generator was something the Planning Board could have the developer supply, and Mr. Gayer replied in the negative. He said the generators for these small stations should be kept at the Public Works garage and kept in order. The Chairman said that he would be in favor of the Pumping station. Mr. Adams said from an economic point of view, instead of making deep cuts, the Town might save money. Mr. Gayer felt that each case would have to be studied on its own merits. He said one requirement might be that the developer furnish a standby unit. The Chairman said that the Board is preparing some information for the Capital Expenditures Com- mittee relative to drains, water, sewer and street construction. He said that the Planning Board might be interested in the street construction and read the data prepared by Mr. Gayer. The Chairman stated that complaints have been received relative to the parking at Woburn and Lowell Streets and asked if the Planning Board had any re- commendation. Mr. Snow said that he has a draft of what he thinks should be done for C I zoning districts and stated that they should not be located on four cor- ners of any intersection. Mr. James said that perhaps more attention should be devoted to curbing. The Planning Board retired and the meeting ad- journed d- journed at 10:20 P. M. A true record, Attest: 6xe r; tiv C le k, Parking - .ct ctmen. G� °` 612 SH:i CTM N'S METING November 17, 1958 A regular, meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 17, 1958, at 7:30 P. M. Chair- man Maloney, Messrs. James, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Super- intendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Associates Realty Trust of Lexington for permission to increase the storage capacity of underground tanks at 727 Marrett Road from 4,000 gallons to 10,000 gal- lons of #2 fuel oil. Notice of the hearing was advertised in the Novem- ber 6, 1958 issue of the Lexington Minute -man, abutters notified and the application approved by Deputy Chief Belcastro of the Fire Department. Mr. M. A. Seabury, Jr., Trustee and Manager of the Association, was the only person present at the Fuel oil hearing. hearing Upon motion duly made and seconded, it was voted to grant a license to the Associates Realty Trust of Lexington to increase the underground storage capacity of #2 fuel oil from 4,000 gallons to 10,000 gallons on premises located at 727 Marrett Road. Fuel oil hearing Hearing was declared open upon petition of the Nashoba Realty Trust for permission to store 5,000 gallons of #2 fuel oil on premises located at 1720- 1722 Massachusetts Avenue. Notice of the hearing was advertised in the November 6, 1958 issue of the Lexington Minute -man, abutters notified and the application approved by Deputy Chief Belcastro of the Fire Department. Two persons were present at the hearing, ap- parently representing the petitioner, No one spoke in opposition. Upon motion duly made and seconded, it was voted to grant a license to the Nashoba Realty Trust to store 5,000 gallons of #2 fuel oil in underground tank on premises located at 1720-1722 Massachusetts Avenue. Mr. Gayer reported that the so-called Garrity house at 9 Hancock Street was moved to its present rna 1 513 location from Patriots Drive some tire before 1847. Two buildings were joined together to make the house which was occupied by Meriams. The name found writ- Garrity ten intheclosets was spelled two ways; Meriem and house Merriam. The employees of the Buckman Tavern used to stay in this house nights. Mr. Adams pointed out that the building is within the historic district and therefore a hearing will be required to demolish it. He said that eventually there should be a building erected in the location as a head- quarters for historic museum or society. He suggested that no action be taken until March at which time the Town Meeting members can make the decision.. It was agreed to request Mr. Garrity to remove whatever belongs to him, close the building and insert an article in the warrant for the Annual Town Meeting relative to the disposition of the house. Letter was received from the MDC relative to a hearing on Friday, November 21st, on the subject of proposed improvements or extensions to the Metropolitan water supply system. Mr. Stevens explained that the hearing is required by Statute and Harold Toole advised that the cities and Hearing on towns should have requests ready of their needs. Mr. Stevens said this would get into a discussion Met. water stage, and since the Town thinks the Federal government supply is going to be involved, representatives should`,.be in- vited to attend the hearing and know what is said. Mr. James suggested inviting Colonel Edward J. Roberton and. Lieutenant Colonel Robert Dubois. Mr. Gayer agreed to contact both officers. Mr. Stevens explained that he had prepared an Order of Taking for a sewer easement in connection with the sewer going in a right of way from Massachusetts Avenue Sewer to tie into Curve Street. He reported that all the in- Order dividuals involved had signed with the exception of Mr. Fradette who has had a nervous breakdown. Upon motion duly made and seconded, it was voted to sign the -Order of Taking in the following form: COMMONWEALTH OF MA3SAC HUSETTS Middlesex, ss. At a meeting Lexington held on ORDERED: Whe held on March 10, thereof duly held Town of Lexington of the Board of Selectmen of the Town of the 17th day of November, 1958, it is reas at a Town Meeting/called, warned and 1958, namely at an adjourned session on March 17, 1958, in accordance with the provisions of law applicable thereto, it was unanimously "VOTD: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or unac-- cepted streets or other land as the Selectmen may deter- mine, 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 neces- sary therefor; and to appropriate for such installation and land acquisition the sum of $169,650. and that pay- ment be provided by the transfer of $52,650.00 from the Sewer Assessment Fund, the raisin of $52,000. in the cur- rent tax levy and the balance of $65,000. 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 the sum of $65,000.00 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 WIfl R3AS the Selectmen have determined a sanitary sewer main should be located in the land hereinafter described. NOW, THEREF'%RE, we, the undersigned, being a major- ity 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 san Au.lwer or sewers with any other manholes, pipes, culverts ano appurtenances, and to do all other acts incidental thereto, including the right to pass alongand over the land for the aforesaid purposes, in, through and under the whole of that portion of the "10' Right of Way" running from Massachusetts Avenue to lot A that abuts upon lot 3, all as shown on plan entitled "Plan of Sewer Easement From Curve St.. to Right of Way at 905 Mas:. Avenue Lexington - Massa, dated May 19, 1958, Richard J. Gayer, Town Engineer, to be re- corded herewith, and reference to said plan is made and said plan is incorporated herein for a detailed descrip- tion of said portion of 'aid Right of Way. 1 And fo permanent se granted to July 31, 19 also so take of land hair tending fro of Way" alo lots 2 and The to include the posit earth make all use the aforesai obligated tc condition in Town thereon thirty days tion, and, i date of this Said r3 the above de or prejudice land, except ercise of th are reserved successors a to the use inconsisten hereinabove On eac in which th performs an the Town to premises in was made. Any tr eluded with The la are taken i parties, bu or of any i rectly stat interest is use in constructing the sewer in the wer easement across lot 2 on said plan he Town of Lexington by instrument dated 8 and to be recorded 'herewith, we do hereby temporary construction easements in a strip ng a uniform width of five (5) feet and ex - Curve Street to the aforesaid "10' Right g and easterly of the comTon boundary of said all as shown on the aforesaid plan. porary construction easements herein taken right to enter upon the land taken to de - and material thereon, and in general to necessary or desirable in connection with d sewer construction, and the Town shall be restore the land to reasonably the same which it was prior to the entry of the . The construction easements shall terminate after the completion of the sewer construc- n any event, not later than one year from the order. ghts and easements in the land included within scription are taken without interference with to the rights of the respective owners of the so far as is reasonably necessary in the ex - e rights and easements hereby taken, and there to the respective owners and their heirs, nd assigns all their respective rights in and f their lands for all lawful purposes not with the use thereof for all of the purposes mentioned. occasion that the Town enters upon the land aforesaid rights and easements are taken and work thereon, it shall be the obligation of remove all Surplus material and to leave the reasonably the same condition as when the entry es upon the above describedland are not in- n the taking. d in which the aforesaid rights and easements believed to belong to the following named, if the name of the owner of any of said land terest therein is not stated or is not cor- d, it is to be understood that such land or owned by an owner or owners unknown to us: 515 5 t h Owner Lots as shown on aforesaid plan Albini E. Fradette & Marie Rose Fradette, husband and wife 3 Betterments h=ve been assessed for this improvement and are set forth in the order for construction of this sewer adopted on August 25, 1958 and are recorded in Middlesex South District Registry of Deeds, Book 9217, Page 191. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 17th day of November, 1958. /s/ William E. Maloney Ruth Morey Alan G. Adams Raymond W. James Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 17, 1958 Then personally appeared William E. Maloney, Alan G. Adams, Raymond W. James, Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Select- men of the Town of Lexington, and acknowledged the fore- going instrument to be their free act and deed, and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public My commission expires November 21, 1964 0.4 1 At 8:00 P. N., Jaquith and now of Selectmen. Follows mains and co. was voted in shall take u thereon, any mains in pap Chairman Grindle,• Messrs. Abbott, the Planning Boar -'d, met with the g a discussion of the installation of water struction of dwellings on paper streets, it the future the Department of Public Works with the Board of Selectmen, before acting requests received for construction of water ✓ streets. The Planing Board retired at 9:10 P. M. The Cha' Jellis desir had previous should be ma. relative to the Town pro. fied with th- asked what t can obtain a it. It was should be in. Meeting to e land that he 517 rman referred to the land which Mr. Leonard s to acquire and Mr. Stevens said that he y suggested to the Board that a decision e as to what the Board feels should be done his triangular strip. He said he assumed Jellis oses to own the strip but he was not satis- way it was described in the taking. He e Board wants to do with it if the Town deed from the Treasurer and the Town owns he opinion of the Board that an article erted in the warrant for the Annual Town able the Board to sell to Mr. Jellis the wants to acquire. Mr. Stevens retired at 9:20 P. N. The Cha Ellison Road claim for da Mr. Ad the -'_ Pracinet 0 Harrington S to the Adams Mrs. Mo dangerous si lack of park way. Mr. Adan Precincts On the other me sider the su agenda for t rman read a letter from Jon L. Ganger, to Joseph Lazaro, Inc., relative to a ages in the amount of 08.40. s said that he felt very strongly that le voting place should be changed to the hool and Precinct Two should be changed School. ey reported th=,t the voters caused a very uation at the Adams School because of the ng space and the narrowness of the drive - s made a motion that the voting places for and Two be changed, but it was not seconded, bers of the Board desiring more time to con- ject. It was agreed to place it on the e next meeting. Claim Voting Upon motion duly made and seconded, it was voted to renew thellfollowing licenses: Joseph Trani, Inc. 1757 Mass. Ave., Package Goods Store Rowe -Jackson Chevrolet 39-41 Bedford St.lst Class Pgent The I. W. Douglas Co. 915 Waltham St. (renewal) 518 Town Office s Consideration was given to the subject of hourly rates presently being paid to election workers. The Chairman agreed to discuss the possibility of establish- ing flat rates with Mr. Carroll, Clerk to the Board of Registrars, to determine whether or not he has any recommendation to offer the Board. Mr. Gayer retired at 9:35 P. M. The Chairman said that another item brought to his attention was the fact that the next three holidays, Thanksgiving, Christmas and New Years fall on Thursdays, presenting the possibility of long weekends. It was agreed, in lieu of an employeest party, to authorize the employees to choose one of the weekends; some taking Thanksgiving, some Christmas and some New Years, subject to, the approval of the Department heads. In this way all departments will be operating the three Fridays following the holidays. It was also agreed, in addition, to close the offices at 2:00 P. M. on Wednes- day, December 24th. The Board felt that the Fire and Mice Departments are in somewhat of a different category, but in an effort to be fair, suggested that the Chief of Police and Board of Fire Commissioners arrange to give the men in these departments one day off at their discretion. The meeting adjourned at 9:55 P. M. A true record, Attest. xe ,i ti ✓Cle k, Sele/tmen. 1 A regul held in the on Monday ev Chairman Mal Mrs. Morey w Mr. Gayer, S Executive Cl The Cha Clark, writt relative to The Cha Friday morni should be he schedule for departments list of rate sider before • • • Mr. Ste crossing fro right of way the attorney the records examined the 1872 showing shows what as that Valley railroad cam there is an tion which a first. He s road changed. means of acc- that the roa not take awa He said the is what the and that is Mr. Ste say the Sele maintained s• railroad, if and could as ten or twely- • relative to • SELTT€N+S MEETING November 2,1958 meeting of the Board of Selectmen was electmen's Room, Town Office Building, ning, November 2);, 1958, at 7:30 P. M. ney, Messrs. James, Tucker, Adams and re present. Mr. Stevens, Town Counsel, perintendent of Public Works, and the rk were also present. rman read a letter from Mr. Donald T. n on behalf of the School Committee, alaries for secretaries and custodians. rman suggested a meeting with Mr. Clark g. It wls agreed that such a meeting d in an effort to establish a uniform similar positions in the various Town ut it was decided to send Mr. Clark a currently being paid for him to con - arranging a meeting. ens referred 'so the proposed pedestrian Essex Street across the Boston & Maine to Valley Road, and read a letter from for the railroad.* Mr. Stevens examined t the County Commissioners' office and also plans. Thsre was a plan filed in 1871 or the proposed layout of the railroad and parently is Valley Road. It indicates oad was an existing road at the time the through. He said it seems to him that stablished grade crossing at that loca- ose out of the fact the road was there ated that Route 128 can along and the Nevertheless, it had been used as a: ss and egress. He explained the fact is now continued on the other side does the need for pedestrians to get across. edestrian way should be laid out, if that oard decides, down to this grade crossing t. ens said he should write the railroad and toren will object because they want it pedestrians can get across. Then the it wants to, can file and have a hearing to have it altered and cut it down to feet closing the crossing. 519 Salaries 520 Pedestrian crossing The Chairman asked if the railroad was supposed to maintain this crossing, and Mr. Stevens replied that hethought it was the railroad's obligation be- cause the road was there first. The Chairman asked if the discussion involved the foot path across from Reed Street and Mr. Stevens re- plied that he was discussing only the path going across the railroad. If it is a crossing, it is up to the rail- road to maintain it and the Town has the right to design a foot path as a pedestrian way to go up to it. It was unanimously agreed to proceed with the lay- out and Mr. Stevens was instructed to advise the rail- road that the Board wou3d oppose because it wants it maintained so pedestrians can get across. Mr. Stevens reported on the hearing held last Friday on the M.D.C. water extension and said there were no representatives present from Waltham or Boston and so there were no objections. He said that much of the discussion was about increase in rates, and it was the general feeling of the members of the Commission that this would be the time to ask for an increase in rates. Mr. Stevens saidthat the Commissioners wanted to know the Town's attitude. He said that the Town took the view that the M.D.C. was required to furnish the Town water with sufficient pressure, which they have not been doing, and there is no question but they will have to pay for the construction to Lexington's line. He stated that if by such construction for Waltham, it is put through a part of Lexington, Lexington should not be required to pay anything because it will be there and available for use. He then advised the Commissioners that Lexington's need beyond Watertown Street is due to the fact of the big use by the Airport and Lexington expected a very substantial contribution from the Federal government. He reported that Mr. Gayer brought in a Mr. Marshall from the air base who said that there had been no figures presented and therefore he could not say how much would be contributed. The only way they can be supplied is through Lexington and therefore the situa- tion would have to be worked out on the basis of those receiving benefit would have to pay for it. It was finally decided that the M.D.C. would file the bill. Mr. Stevens said that in the meantime an effort could be made to work something out between Lexington, the air M.D.0 Water force, Waltham and the M.D.C. in sharing the cost. He stated that $1,600,000. was what they were going to ask for and now it going to be $2,000,000. He said be- fore the air force gets into it, Waltham, Lexington and the M.D.C. should discuss it so that a figure can be 1 given to the air force people. He said that the next step is to take this up with Waltham and until this is done, it will not be known how much of this $2,000,000. will be expected from Lexington and how much from the Federal government. Mr. Ga er was instructed to contact the Superin- tendent of •ublic Works in Waltham. Mr. Ste ment to the the matter who did not a tie. He the tie wou vens reported that he had a suggested amend - Limited Town Meeting Act. Last year when f filling vacancies was tried, from those make a three-year term, the result ran into hen ruled the proper interpretation was that d be determined by the elected Town Meeting members. However, it is not specifically covered so he suggested adding after Section 2 an amendment to cover this. He said the bill would also provide for sub- mission to Town Meeting on the ballot. The petition was signed by the Board and taken by Mr. Stevens. The Ch ing that he struction o Avenue appr Mr. Ga and was tol irman read a letter from Mr. Gayer advis- had received a formal petition for the con - a water main in Circle Road from Hillcrest ximately 850 feet to the end. er said that last Spring Busa wanted water he wc.uld have to petition in a formal manner. There are houses there now. The Ch irman asked if there were a number of Town owned lots nvolved, and Mr. Gayer replied in the af- firmative. He said that Busa signed for all the Town lots. Mr. Adams said that to act favorably on this petition ng back to the old policy. irman explained that this is a street with g on it and Mr. Adams said he would like to until he had an opportunity to look at the irman said this is nothing new as the Town d 600 feet of water main for one house and ill be installed for Town land. rey asked how this street differed from ue and Mr. Gayer replied that insofar as ned, there is no difference. rey asked how many occupancy permits had and Mr. Gayer replied that he did not know. rey said that until the Board had more in - e did not think anything should'be done. ms asked if, under the former policy, this een done without the Board seeing it, and 521 Amendment to Limited Town Meeting Act Circle Road Nater would be go The Ch people livi defer actio street. The Ch has install here water Mrs. M Haywood Ave he is conce Mrs. M been issued Mrs. M formation s Mr. Ad would have 622 Blakely sewer assessment Mr. Gayer replied that it would have been put in his budget. Mrs. Morey said she thought someone should ask Mr. Busa why he signed for the Town lots. The Chairman suggested inviting Mr. Busa to meet with the Board so he could answer the question. Mr. Adams said, speaking for himself, there is the matter of an established policy of requiring 50% of the owners' signatures. Mr. James asked if this would be a dedd end, and Mr. Gayer replied in the affirmative. The Board deemed the petition to be in improper form and therefore no action was taken. The Chairman read a letter from Norman J. Richards, attorney for Dr. Chester Blakely, petitioning for abate- ment of a sewer betterment assessment in the amount of $696.23, levied against property on Winter Street. Mr. Gayer presented a plan of the Blakely pro- perty and said he thought it could be subdivided. Mrs. Morey suggested deferment on a three-year basis. Mr. Gayer said the Board could abate the assess- ment and then at some time, the property could be subdivided. Mr. James said he would like to ask Mr. Stevens if it could be abated with a provision that the land. would never be built upon. The other method would be deferment. Mr. Stevens said the Board could present to Mr. Richards the two possibilities, one of abatement with the possibility of a connection charge some time in the future if it iS ever divided and built upon and the other would be to lay out a lot and defer on that lot. He said if it is abated, it should -,be with the understanding that at any time a house is built on Winter Street, there will be a connection charge in lieu of betterments. It was agreed to advise Mr. Richards that rather than grant an abatement, the Board would consider an extension under the provisions of Chapter 159 of the Acts of 1950 of the time for paying the assessment. If he would furnish Mr. Gayer with a plan showing the division of the Blakely property into separate lots, on one of which will be located the present house, it would result in there being land not built upon whibh would bring the matter within the provisions of the statute, and after apportionment, the Board would be in a position to extend the time for payment upon such a request. 1 The Chairman read a letter from James F. Sawyer, 5 Centre Street, relative to two bills received for a sewer betterment assessment on Lots 1 and 2, Block 18, Reed Street. Mr. Ga er explained th^t an assessment had been levied on l is 1 and 2, Block 18, Centre Street, in the amount of $277.20 and later on, an assessment of $249.39 levied against lots 1 and 2, Block 18, Reed Street, which was an error. Upon mc$tion duly made and seconded, it was voted to abate the sewer betterment assessment in the amount of $249.39 llevied against Lots 1 and 2, Block 18, Reed Street. Petition, signed by two of three owners, was re- ceived for he extension of the sewer to service house owned by La rence Anderson, 527 Bedford Street. Mr. J es said he thought the extension should be done this year and the Board agreed. Upon m tion duly made and seconded, it was voted to renew the following licenses: The Carriage House Regent Delicatessen Old Coffee louse Dunn Ford Sales Upon m to sign an Taft Avenue feet southe Avenue. It was struction o venue a di southwester Mr. Ga Sealed were opened Lexin•ton P 271 Lincoln St. 1729 Mass. Ave. 1775 Mass. Ave. 409 Mass. Ave. eke Sawyer sewer assessments Sewer Licenses Common Victualler (ren'w1) TI tt It n tt 1st Class Agent tion duly made and seconded, it was voted rder for the construction of a sidewalk in from Charles Street a distance of 90.05 sterly along the northeasterly side of Taft also voted to sign an Order for the Ion- a sidewalk in Taft Avenue from Tarbell tante of 8o feet northwesterly along the y side of Taft Avenue. er retired at 8:45 P. M. bids, for printing the 1958 Town Report, and read by the Chairman as follows: ess Inc. 6 8 2 0 copies 0 copies 0 copies copies 0 copies ,7.82 per page 8.07 per page 8.32 perage School Reports $85.00 Accountant's Reports $4.0.00 rt Sidewalk Taft Avenue Somerville Printing Company, Inc. 600 700 800 200 50 Mrs. More vised that in had any reques Mr. James mined that the none be printe Upon moti to accept the Company, Inc . , Report. copie s copies copies copie s copie s $5,05 per p F ge 5.30 per page 5.55 per page School Reports $2.85 per page Accountant's Reports $2.75 per page y reported that the Town Accountant ad the years he has been here, he has never is for copies of the Accountant's Report. suggested that if it is definitely deter - re is no need for additionalcopies, that d. on duly made and seconded, it was voted bid submitted by the Somerville Printing for 700 copies of the 1958 Annual Town Mr. James reported on the bids received for group insurance and said he would have a copy of the analysis Group prepared for each member of the Board. He explained that Insurance the next step is to hold a consultation with the employees' committee and then the bid may be officially awarded at the next meet ng of the Board. Mrs. Morey reported that a meeting of the Traffic Study Committee had been held and it was suggested that Mrs. Michael W. Morrison, 13 Bedford Street, should. be Street advised that the Board is asking the Boston Edison Com - lights pany to recommend improved lighting in the area from the monument up to the Atlantic & Pacific. Mr. James suggested, and the Board agreed„ that a lighting engineer should be engaged to make a survey. He said he knew of an engineer connected with Sylvania whom he would contact. The meeting adjourned at 10:05 P. M. A true record, Attest: exec tive% Clerk, 3e1 ctmen. SELECTMEN'S MEETING December 1, 1958 A regu ar meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday a ening, December 1, 1958, at 7:30 P. M. Chairman Ma oney, Messrs. James, Tucker, Adams and Mrs. Morey ere present. Mr. Stevens, Town Counsel, and the Sxe utive Clerk were also present. Upon m tion duly made and seconded, it was voted to renew the following licenses: Hancock Mar Woodhaven C Mawhinney M Connors Bro Berman's Ma. et untry Stores tor Sales . Inc. ket, Inc. 6 N. Hancock Street 424 Marrett Road 581 Marrett Road 1700 Mass. Ave. 12-14 Mass. Ave. aJ Licenses Common Vict. tf " 1st -Class Agent Package Store Miss M ry McDonough, Assistant Town Clerk, met with the Bo rd for the drawing of two jurors. The following individuals were drawn for jury duty: Donald Jenkins, Jr., 7 Dane Road and William T. Welsh 11 Childs Read. Miss MODonough retired. The Ch4.irman read a letter from the Josiah Wil- lard Hayden Recreation Centre, Inc., relative to the ' safety of cildren leaving the Centre between 4:45 P.M. and 5:30 P. Mr. Ad ma suggested that the installation of a sidewalk mi ht reduce the hazard. Mrs. M.rey pointed out that the installation of a sidewalk :ould necessitate a cutback on the hill. The Ch firman said the Centre would not object to any solutio to the problem. Mr. Ad ms also suggested the use of reflectors. Mrs. Marey suggested, and the Board agreed, that the oommuni ation should be referred to the Traffic Study Commi tee. The C Box 22, Arl each Town bias sachuse t It was red to the irman read a letter from E. E. Mariner, ngton, suggesting that the Town provide eting Member with a copy of "This is Your s Government" at a cost of $1.25 per copy. suggested that -the communication be refer - own Meeting Members Association. Jurors Traffic X26 Application for a Certificate of Incorporation was received from the Office of the Secretary of State, on behalf of Rita Williams, 10 Stratham Road, Eliza- beth A. Morrall, 1556 Massachusetts Avenue and Donald Cert. of Inc. K. Tucker, Swan Lane, who with others not residents of Lexington, wish to incorporate under the name of Mystic Valley Mental Health Association, Inc., to be located at 19 Muzzey Street. Satisfactory character references were received from the Chief of Police and upon motion duly made and -seconded, it was voted to sign the statement of facts called for under Chapter 180 of the General Laws. Mr. Stanley J. Bocko, newly elected Representative, came into the meeting. He said he was rarely visiting Selectmen's meetings and could not stay long as his own State Board was -in session. He offered to find positions for Representa- any friends of the Selectmen and mentioned particularly tive position of orderlies in hospitals such as is tocated in Billerica. He said he was now a representative of the people and party did not mean anything. He sug- gested that if the members of the Board wanted to place friends in positions, to send them to him and he also told the Board if there were any favors he could do, to feel free to contact him at any time, at his home in the evening or at his office. The Chairman read a letter from Antonio Busa, of- fering $800 for tax title lots 90-91+ on Albemarle Avenue and tax title lots 63-66 on Rawson Avenue. Pax title In 1956 Mr. Busa offered $300 for the lots on Raw- son Avenue and at that time, the Planning Board wanted to exchange these lots for some owned by Mr. Busa to be used for a proposed recreational area. The Board located the lots on a plan and upon motion duly made and seconded, it was unanimously voted not to dispose of the property, believing it to be in the best interest of the Town to retain ownership,: Notice was received from the Middlesex County Select- men's Association of the Annual Meeting to be held at the Meadow Brook Golf Club in Reading on Thursday, December 11, at 6:00 P.M. The Chairman reported that a telephone call had been received at the Selectmen's Office from Irving Griggs, 32 Walnut Street relative to -the intersection of Walnut Street Complaint and Concord Avenue. He said he went over to the area and insofar as he can determine, the intersection is better now than it was before construction. 1 It was were set in of the Stat agreed to advise Mr. Griggs that the grades accordance with the best safety practices Department of Public Works. Refers ce was made to the fact that Mn. P }clip Parsons' to as a member of the Historic Districts Commission ill expire:January 1, 1959. The C irman was authorized to write the Lexington Arts and Cr fts Society, advise that Mr. Parsons' two- year term w 11 expire January 1st and ask the Society to submit the names of two candidates nominated by the Society, the new term being for a period of five years. Consideration was given to the fact that Mr. William I. urnham's term as a member of the Board of Assessor will expire January 1, 1959. Mr. Ad ms said he thought theBoard should re- view this, nd Mr. James said if the Board believes this, is the time to make a replacement, there should be a good reason and not just because an individual has served or a long period of time. He said in a replacement, the individual appointed should be at least as we 1 qualified as the present encumbant. Re f e re: 1958 on Gro pitalizatio. Town. Upon m it was unan by Blue Cro Savings Ban terest of t! Appointment Assessors ce was made to bids opened November 4, p Life, Accident, Dismemberment and Hos- Insurance covering the employees of the tion of Mr. Tucker, seconded by Mr. Adams, Group mously voted to accept the bids submitted Insurance s -Blue Shield and the Arlington Five Cents , which were deemed to be in the beat in - e Town and its employees. Mn. James reported on engineering services for street lighting and stated that Sylvania provides such Street' a service. He expects to receive a call within a day lighting or two atwhich time he will at nge to have an engineer come out so evening, look the situation over and then discuss the subject with the Board. Mn. Ad ms referred to the condition of the side- walk in fro t of the hotel being constructed in the center. He also mentioned the sidewalk a little beyond and said th t there is a very large tree causing damage to that walk. He suggested removal of the tree and con- Sidewalk & struction o a sidewalk all the way down the street. tree removal The Ch irman agreed to follow through on both items. Mr. Adams mentioned the condition of the ambulance Ambulance and the Chairman reported that a new ambulance will not be available for three months. Water Mr. Adams presented a plan of Circle Road and said, with reference to a request fromMr. Busa for installa- tion of a water main, that this is a matter of principle. He said that on lots legally laid out, the Board could advise the owners that the Town would lay out the street, assess betterments and put in the water main and assess betterments. He explained that this procedure would, in effect, be the same as going by subdivision. The Chairman raised a question about constructing a street not abutting on an accepted street, and Mr. Adams said that the Board may find it necessary to change the policy. The Chairman said that his thinking all along, in regard to tax title lots, is for the Town to retain them. Mr. Adams said he -was thinking about streets where there are no tax title lots and he felt the Board could build the street under the Betterment Act, the idea being to have the streets constructed according to Town speci- fications. Application was received from Ellwell Incorporated for a Package Goods Store license, the location of the premises described as "Interior lot at 55 Massachusetts Avenue". Package Goods Mr. Stevens advised that the advertisement should Store Licensemake clear whether the building is existing or if they have in mind erecting a building. It was unanimously agreed to advise the applicant that no action was taken because the description under item 4 of the application is not complete as: applied to the particular location and more definite information is necessary for advertising because it is not clear as to whether they -have reference to the existing building or a building that may be located on that land. The meeting adjourned at 9:25 P.M. A true 'record, Attest: Y _liteeraqiv Cler , Sele;'tmen. 1 SELECTMENIS MEETING December 8, 1958 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday, December 8, 1958, at 7:30 P.M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to renew the following licenses: C ountrysi Wild Acre The 1775 Pine Mead Wild Acre Lexington Appl License w Street. Mrs. cause the tion was Mrs. re que s ti second -h Mrs. MacF his prope Mr. mit had b tain furt Meas Cha Palmer of the Board Mr. is as to if the C e Delicatessen 321 Inn - ,.50 Dues 130 ws Country Club 232 Inn 50 Motors Inc. 3L. License s Woburn Street Common Viet. Perc '_Road n Pleasant St. n n Cedar Street rt n Percy Road Innkeeper Bedford St. 1st Class Agent cation for renewal of a Common Victualler s received from Mary A. Rowland, 150 Lowell Morey questioned renewal of this license be - store is not presently in operation and ae- eferred. Morey submitted a letter from Warren Russell, an application for the sale of antiques and d furniture, the business being conducted by rlane who rents the red barn in the rear of ty. dams said he thought a Board of Appeals per - en issued and the Clerk was instructed to ob- er information. s. Stevens and Gayer retired at 8:35 P.M. man Donald Noyes, Mrs. Fitzgerald and Paul the Capital Expenditures Committee met with MabelleTucker, Clerk, was also present. oyes said he was curious as to what the policy hat the tax rate for 1959 should be. He asked ittee should try and maintain the present Capital Expenditures Committee rate or if the Selectmen felt an increase is un- avoidable. The Chairman replied that the Board could answer the question better after looking at the 1959 budgets. He said he understood that the Committee was interested in knowing its position, and proceeded to read an ex- cerpt from the General By -Laws, Article XXIX, Section 2. He said that he thought the Committee was of the opinion that it took figures presented and tried to pro- ject them ahead without making too many recommendations. He thought that, in other years, the Committee had made recommendations. He explained that discussions have been very lengthy concerning capital expenditures before Town Meeting. Mr. Noyes said that he feels the Committee has not rejected as many requests as it could have and this year it is faced with a good many requests and faced with seeing the tax rate continue to rise unless projects are pushed ahead or rejected. He said before doing that, the Committee would appreciate an expres- sion from the Selectmen as to what they think they would lily to present to Town Meeting. He said he thought it foolish for the Committee to go ahead with every request and then have them rejected by the Selectmen. Mr. James explained that the Capital Expenditures Committee, as such, does not need to consider nor should +consider tax rate. It is not within the province of the article in the by-law. He said that the by-law merely says that the Committee shall study capital expenditure projects that may be required and report, and nowhere does it indicate that tax rate shall be considered. He said the second point is that the Capital Expenditures Committee neither approves or disapproves any project. It merely makes a recommendation regarding a project to the Town Meeting. Mr. Noyes said that Mr. James was correct, but he felt the tax rate is a by-product of what the Committee does and in order to recomine nd or not recommend an ex- penditure, one has to take into consideration current expenditures. Mr. James explained that years ago, before the Town, was as large, the Appropriation Committee did this job as well as current expenditures, then it would come up with a recommended tax rate having all the information available. He explained that neither the Appropriation Committee nor the Capital Expenditures Committee now has that responsibility, Mr. Palmer agreed with Mr. Names and said this is a big problem, and the purpose of the Committee is to provide for an orderly growth. !Rani Mr. Mr a stable tae's fun based upo Mr. him he ne go down a Mr. satisfy t what othe Mrs. to spend thing nee Mr. Mrs. mittee sh Mr. the artic signing a it was ri Mrs. it occurs said she situation seems to mittee pe which the them and will be o said in t to think forecasts that this Mr. valuable mittee's that reas Mr. and the C joint rep recommend Mr. report re it will b report. mittee' s and know propriati two repor Mr. ames said it is based upon need. almer said this is to be done trying to keep ax rate and Mr. James explained the C omit - tion is to lay out a construction program the basic need of the Town. oyes disagreed. He said if Mr. Gayer tells ds a drain in the meadows, he is not going to d look at the drain. aures said the Committee members would have to emselves regarding the need, and depend upon people tell them. Fitzgerald said there was to be a Committee tsrtime in deciding how it could get every - ed without too muchimpaet on the tax rate. aures disagreed. Fitzgerald said she did not think the com- uld decide what the school department needs. ares said he would look at the section 2 of e that defines his responsibility and before report, he would have to satisfy himself that ht. Fitzgerald said that is an impossible job and to her every week that she will resign. She oes not 'pre tend to know more about the school than the School Committee does. She said it er that the most valuable function the Com - forms is to cull the needs of the Town for various departments request and to tabulate hen work out as best it can what the effect the financial condition of thetown. She e first place, it encourages the departments bout the next five years, to get the best he Committee can and use its best judgment is what is needed. ames said that the Committee does perform a unction and all he is saying is that the Com- urisdiction is not defined that way and for n should not be done that way. almer asked if the Appropriation Committee pital Expenditures Committee could have a rt and Mr. James replied if they have .joint tions. oyes said the Committee would have a separate ining to the lines the report has taken but the same size as the Appropriation Committee t will be at the end of the Appropriation Com- eport so that the people will receive a copy hat is ahead of them. He stated that the Ap- n Committee has agreed to this and to publish s to be bound together. aures said that the Committee, in the last two 531 Jt) or three years had set itself up as a long-range finan- cial committee and that is not the purpose of it accord- ing to the way the Act is written, and therefore it. should not be done that way without a change in the Act. He said if the Appropriation Committee, who considers operating expenditures and this Committee that considers capital expenditures can make a joint recommendation, a joint recommendation could be made with regard to the tax rate, but neither one can do it alone with the author- ity they have. Mr. Noyes said his reason for bringing up the tax rate was that personally he thought the Town has gone far ahead with the last increase and the citizens of the Town are not ready to go ahead with another increase. He said the Committee should recommend projects that will not result in another increase. Mr. James stated that he did not think the Com- mittee's function was fiscal policy. Mr. Noyes said the function was to report to the Town projects presented to it as number one and number two and recommend what year they should be done. Mr. James said that is not fiscal policy, the fis- cal policy is determined by Town Meeting. The Chairman explained that while the Board would . like to do more, it has been the policy to do a certain amount rather than go overboard, He referred to drain- age and said that even though the Board feels more money is needed for drainage, only a certain amount is spent each year. He said that as the Town develops, it may be' that more will be needed one ye ar than another, but the policy has been to spend certain amounts each year for certain things over a period of time. He said he thought the Committee understood it would be meeting with the Selectmen more than this one evening before Town Meeting. Mr. Noyes referred to Worthen Road and said that the Committee, after receiving figures from Mr. Gayer, was within its rights recommending against spending the money. Mr. James explained that the Committee is not right in recommending against a project because it cost a certain amount of money. It would be right in recom- mending against it if it does not think it is needed at this time. He said the point he was trying to make is the case of need and not money. Mr. Noyes said that they were really talking about: the degree of need and Mr. James said that is the point he wanted to make and the tax rate has no part in it. Mr. Tucker said that is exactly what the by-law says. 1 Mr. not in th there is there is it. It e there is The is intere Mr. Gayer was of the co Mr. vised fig Mr. beyond th it, as it He said t tion whic The where nea 2 is deve the State an entran He said i side of T Mr. project s given by be paid f Mr. tried to to it and so much m as the Ap approve s not be sp so many r Mr. mlttee ha tax rate the Commi two combi a period could do Mr. should be plied tha after the next week Mr. with the almer referred to Worthen Road and said it is C ommittee*s province to recommend it unless need. He said suppose the Committee says need but the Town Meeting does not vote for n be built by the people who own the land and way of saving money by delaying. hairman explained that the only part the Board ted in is the part owned by the Town. ames explained that the figure given by Mr. an estimate of the cost and not an estimate t to the Town. oyes said the Committee would need some re - es ames said it would be difficult to get figures piece across the playground because part of continues along, will be built by the developers. t the Board has seen plans under considera- carries it all across to Marrett Road. hairman explained that it will enter some - Route 2 and in the next two years if Route oped, the Town might work very fast because Department advises that if the Townr.is there, e will be given but the road must be there. there is ever going to be a road on that wn, it has to be Worthen Road. ames said all the Committee can do with a ch as Worthen Road is to put down a figure r. Gayer and explain:that some of it will r by developers. oyes said in the past, the Committee has ay out for the Town the projects reported if the articles are passed, they will cost ney. He thought the Committee should act ropriation Committee and say it will dis- me of these projects as the money should nt. He said he was in favor of not having commendations. ames explained that the Appropriation Com - the responsibility and duty to predict a or the coming year. With that in hand and tees projected capital program in hand, the ed should make fairly good predictions for f time-. He said he did not think either one t alone. oyes asked how theSelectmen felt about what listed for recreation, and the Chairman re - it would help to delay the question until Board meets with the Recreation Committee oyes reported that the Committee has met ire Department and the large item is the .34 m fire station for 1961. He asked if the Selectmen ac- cepted this request for a 1961 expenditure. Mr. Tucker explained that the majority of the Committee that studied this fire station last year and the year before has not been convinded of the need. He said eventually a station may be needed but he could not see it within the next two or three years. Mr. Noyes said he understands that there is no land upon which to erect the station and Mr. Tucker explained that the station could be built right at the reservoir. He said it is all plotted out and the title had been checked, and to the best of his know- ledge, a station can be built there. Mr. Noyes said that the Fire Commissioners said that, but Mr. Snow told Mr. Jaquith that this land could not legally be used for this purpose; the ac- tual fire station site so recommended could not be used. Mr. Noyes said that the Committee shodU not be recommending it on the basis that the land is or is not available. Mr. Tucker said that it would not be within the C ommitteets jurisdiction to consider whether or not this land is available; it should be the need. Mr. Noyes said he agreed but thought the Board would like to check into it. Mr. Noyes mentioned the cars used by the Chief of Police and Chief Engineer Cook. Mrs. Morey said that item is one for the Board to handle the same as whether or not more men are needed for the departments. Mr. James said he felt these cars were expense items. The Committee retired at 9:0 P.M. Application was received from Elwell Incorporated, 55 Massachusetts Avenue, for a Package Store License. Notice of the application is to be advertised in the License December 11, 1958 issue of the Lexington Minute -man. The Chairman read a letter from Clarence S. Walker resigning as a member of the Trustees of Pub- lic Trusts and the Bridge Charitable Fund effective Resignation December 31, 1958. The Chairman was instructed to acknowledge the letter and ask Mr. Walker if he would reconsider and establish the effective date of his resignation as March 1, 1959. Mr. Adams returned to the meeting and Mr. Stevens retired at 9:55 P. M. 1 The C relative ixxts urance Upon make t b Albert I. retire E nestE. sold h Milton F. 8rewser .& Appl receive d Chester C. tion to b t oning C S tisfact Chief of Upon to sign t of State. Noti tons and e amoun T a 1 t a t easurer ount no ctor of Upon set th ich the d to se n whic writte I The r*signing t acts C The Chairman salary of H is one f r his s t e Selec A countan C erk of hairman read a letter from Brewer & Lord o distribution of commission on the Town motion duly made and seconded, it was voted e following changes in the list submitted & Lord: Carson, 3.25% to be removed from the list - and no longer holds a broker's license; Rogers, 1.25% to be removed from the list - s business to John F. MacNeil; Hodgdon, now 2.25% to be increased to 3.25%; ord, now 25.00% t be increased to 27.50%. Own,Jr., now 2.25% to be increased to 3.25%. cation for Certificate of Incorporation was rom the Secretary of State on behalf of Duval, 109 Massachusetts Avenue; said corpora - under the name of Sheet Metal & Air Condi- ntractors Association of New England, Inc. ry character reference was received from the olice. motion duly made and seconded, it was voted e application and return it to the Secretary e was received from the Commissioner of Corpora - Taxation establishing the sum of $76,200. as not less than which the 1959 bond of the shall be written and the sum of $97,800. as the less than which the 1959 bond of the Col- Bonds Taxes shall be written. motion duly made and seconded, it was voted sum of $76,200. as the amount not less than 1959 bond of the Treasurer shall be written the sum of $97,800. as the amount not less the 1959 bond of the Collector of Taxes shall Insurance Cert. of Inc. hairman read a letter from Kendall S. Reed, as an Associate Member of the Historic Dis- issi on. hairman read a letter from George P. Morey, f the Board of Retirement, advising that the the Clerk to the Board had been discussed. of four in the Stag who is not compensated rvice, and Mr. Morey suggested that when men are considering his compensation as Town the fact that he is not compensated as he Retirement Board be noted. Resignation Retirement Clerk 636 Mr. Tucker asked if the Board was going to take any action relative to the parking of trucks day and night in the parking area at the old fire station site. He reported that there are also trucks being parked at the rear of Barretts' Press. The Udhairman agreed to investigate the following items reported by members of the Board: 1. Wrecked cars parked at .the rear of the new police building. 2. All night parking on Pleasant Street, necessitating children walking on the street as the sidewalk is blocked. 3. Horse trailer parked on Lincoln Street opposite the dump. Mr. James referred to observance of National Engineers, Week, usually the week of Washington's birthday, and said he has contacted Leonard Foster Committee in regard to the service group participation. Mr. James has also made arrangements for a speaker whose identity will be revealed later. Consideration is to be given to appointment of a Committee to prepare a program for observance of the week. The meeting adjourned at 14:15 P.M. A true record, Attest. Y / ec tive/iOlerk Select en. 1 he Mo Ma se to A re dint ay, De one y, M t. Mr. dent of also pre se Mr. S attend a c dilIscuss th Rokute 2, a tives pres to be pres ig engine the confer Mr. S and regula pressure g tinued to W rks Depa a facts Le streets ar where the and develo go back to Mrs. the owners and Mr. St are invol Mrs. be advise,. SELECTMEN'S MEETING December 15, 1958. lar meeting of the Board of Selectmen was Selectmen's Room, Town Office Building, on ember 15, 1958, at 7:30 P.M. Chairman ssrs. Tucker, Adams and Mrs. Morey were pre - Stevens, Town Counsel, Mr. Gayer, Superin- Public Works, and the Executive Clerk were t. yens reported that he and Mr. Gayer will nference with Mr. Toole on Wednesday to proposed extension of the water line along which time Waltham will have representa- nt. He mentioned inviting Whitman & Howard nt and it was agreed that they, as consult- rs to the Town, should be asked to attend nee. evens reported that the D.P.U. proposed rules ions regarding laying out of ways over high- s lines will be discussed at a hearing con- anuary 14th. He suggested that the Public tment make an investigation to see how this ington, that is, to find out how many Town crossed, how the lines were put across, and is and how this will affect the Town ers so Lexington will be better prepared to the hearing. orey suggested that the Board apprise all of property through whose land this line goes, yens said that he had no idea how many people d. orey said that at least some of them could Fl a Water High pressur gas lines The Chairman read a letter from Ely, Bartlett, Brown & octor, attorneys for Eli:ell Incorporated, who has filed an application for a Package Goods Store li- License cense at "5 Massachusetts Avenue, listing factors they believe t. be significant in relation to the applica- tion. Pe ti and the N permissio posed loc ion was received from the Boston Edison Company w England Telephone and Telegraph Company for to locate one pole on School Street. The pro - tion was approved by Mr. Gayer and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following j/o pole loca- tion: Pole School Street, westerly side approxi - location mately 10' north of Roosevelt Road, -- One pole. (One j/o pole to be removed.) Town Counsel's bill, dated December 15, 1958, in the amount of $5,000 for professional services, was approved for payment by the Board. The Chairman read a letter from Mr. Carroll, Town Treasurer, advising that he was aware that all Loan the load for the new Junior High School would not be used immediately, so he invested part of it in U. S. Treasury bilis. He has received interest for the amount of *11,091.11 which has been credited to the Town. Recreation Committee Mr. Gayer retired at 8:30 P.M. Messrs. Kelly and Ferguson of the Recreation Com- mittees met with the Board. Mr. Kelly said that the Committee has conferred with Mr. Snow regarding an outline of the Baskin Land. The Chairman explained that about a month ago, an engineer had been engaged to make the test holes and it is known that facilities can be put there if it is decided to do so. He said if the Recreation Committee can arrange to spend an hour or so with Mr. Snow some night other than a Monday, he would be glad to sit in with them also. Mr. Kelly skid that his Committee would like to meet with the Chairman and Mr. Snow. Mr. Kelly asked if arrangements could be made in regard to rink lighting. He said that presumably dur- ing bad weather the lights remain on. They go on auto - Rink matically and stay on when there is no skating, which lights points up a situation that the average citizen can cri- ticize. The Chairman said that he has been very critical of that program for a long time, as on many occasions, the lights have been on at three in the morning. Mr. Ferguson recalled that last year the police were asked to put the lights out. The Chairman said that he will again solicit the co-operation of the Police Department. 1 1,9t_ Mr. K=lly said another subject the Committee wants to d scuss is Worthen Road, and possible replace- ment of recreational facilities. He said the ques- tion will one up if the road is presented, and people will want to know what planning is being done about re- placement of facilities. He asked if the engineer's Worthen survey w t beyond laying out the road and if it took Road into eonsi.eration replacement of facilities. He wanted to know were they are going and what it will cost. The Cairman explained that the road is _still in the engine ring stages and the Board is aware of many things th = will have to happen if the road crosses the playground. Mr. dams asked if Mr. Snow designed the Baskin playgroun•. Mr. 'erguson replied that there was an appropria- tion of *10,000 two years ago. The Committee looked into it and talked with Mr. Snow, and found out there h plan, and at that time, the Committee was find out how much it would cost for develop- Recreation was necessary to obtain funds for engineering, presented to the Selectmen who authorized the Department to do some work and Mr. Snow s qualified and volunteered to draw up a plan. time, the Committee has not heard or seen He said the Recreation Committee's respon- s to supervise the activities. dams asked if the Committee proposed the ac- nd Mr. Kelly said the only reason the Com - bringing these matters up is because indirectly t the recreation program. The Committee does here the road is going or if it will touch the . He said the Committee is in the dark about property and Worthen Road, and if Mr. Snow at something specific, the Committee will ndations. hairman explained that is the purpose for th Mr. Snow. He said he understood every - aid out so it can be discussed and the Re- ommittee can look it over. Be said he might but he was almost certain that there are d layouts concerning additional recreation if Worthen Road goes through. elly said that Mr. Snow did showrthem a d he did have some relocation of facili- t was merely a guess at that time. elly referred to the Committee's budget and he Board intended to discuss it this evening. hairman replied that it would not be con - less the Committee had some questions to ask. was a rou trying to went. It so it was Engineeri said he w Since tha anything. sibility Mr. tivities mittee is they affe not know playgroun the Baski can arriv make re o o The meeting w thing is creation be wrong drawings facilitie Mr. drawing a ties but Mr. asked if The sidered u 540 Mr. Kelly said the Director's salary was in- creased last year from $2,000 to $2,075 which the Recreation Committee presumed was a general increase. The Budget Committee would like to give him a small merit in- crease of another $75.00 as recognition of the work he is doing. The Chairman suggested that the Committee set up the budget and the Board would discuss it. Mrs. Morey asked if the Committee had any thought of starting a recreation program at the Hastings and Harrington Schools. Mr. Kelly replied that they have made some in- quiries about the Hastings, but there will be nothing available this Summer that they know of. Mr. Ferguson inquired about the status of the sand pit and the Chairman said that there had been some discussions with the developer about acquiring an additional parcel of land. Mr. Kelly asked if the Committee could erect fireplaces on the Willard property, and Mr. Stevens Willard explained that no use can be made of the restricted Land strip, but there is a large area not restricted. He also said there is a pond that can be used for skating. Mr. Kelly asked if cars could be parked on the restricted area and Mr. Stevens replied that no use can be made of it. Mr. Stevens, Messrs. Kelly and Ferguson retired at 9:05 P.M. The Appropriation Committee met with the Board. Mr. Richards said the Committee is concerned about what la going to happen in 1959. He attended a meeting Approp. Comm. with the School Committee and was given some idea. The re budgets Town will be building schools and asking for money for final plans for at least one and possibly preliminary plans for the second. He said the Public Works has plans for extending trunk line sewers. There may be land purchased for school areas, and there may or may not be salary in- creases. He said the large increase in the salaries of the School Department will take full effect in 1959. He said in addition because of the large number of bonds, there will be $950,000.to pay off in 1959. The Chairman stated that the Board is just as con- cerned as the Committee but has not discussed any of the items at any great length. Mr. Adams said that the policy in regard to wages 1 could be settled and it if not necessary to have the budgets to do that. Mr. 'ichards said that personally he would like to hold the line if it is possible, with the excep- tion of correcting those instances where there are serious i equalities or where it would bean the loss of a valuable employee. He said if an individual has done an outstanding job and is willing to stay on, if possible, he should be given a merit increase. He said if the salaried employees are below the general average, he thoug they should be brought up. The hairman reported that the Selectmen have al- ready received requests for 5% increases, but the Board has not sten these as yet. Mr. dams said that a joint conclusion could be made and the policy should be settled before the budgets come in. Mrs. Morey explained that all the employees will be receiving about a §2,00 increase through the insurance program. She also mentioned employees who have only .been wit the Town for a year and said that some con- sideratioo should be given to them. Mr. Adams pointed out that some employees have an opportunity for overtime and others do not. A le'gthy discussion was held relative to janitors in the P blic Works Department, Library and the school custodia s. Mr. Patterson said that as he understood it not, the polio is to hold, with the exception of inequalities. Mr. Tucker said that he felt the policy should".be to hold d adjust the inequalities. Mr. I'ichards said the Committee would make a greater effort to adjust the inequalities this year than it has in the past an he thought everyone wanted good employe- es and t. get good ones, they will have to be paid. Mr. Richards asked the Board if there were any capital expenditures that should be recommended and the Chairman replied that the Board has been hoping to stay with the present program. Mr. Adams said he would agree to not doing more than has been done in other years. Mr. Palmer asked if the Board wanted him to carry over the appropriation for group insurance, and Mr. Adams sa d he thought it would be normal procedure to carry it over. Mr. Richards said he could see no reason for not carrying it over. The ommittee retired at 10:05 P.M. 541 542 Letter was received from the Planning Board refer- ring to a preliminary study plan entitled "Proposed Loca- tion of Worthen Road Waltham St. to Marrett Rd." dated Worthen Rd. August 15, 1958. At a meeting of the Planning Board on December 8, 1958, a plan was adopted entitled "Proposed Location of Worthen Road across lands of Vine Brook Realty Trust and Colonial Development Corporation" dated November 28, 1958. A copy of the plan was attached and the Planning Board recommended that the plan be used by the Superintendent of Public Works as a guide in approv- ing the final plans to be submitted for this section of Worthen Road. Letter was received from Alfred P1 Tropeano, advis- ing that he had received a copy of the Planning Board's letter to the Selectmen and a copy of the plan entitled "Proposed Location of Worthen Road Across Lands of Vine Brook Realty Trust and Colonial Development Corporation" dated November 28, 1958. The letter referred to a previous plan dated August 15, 1958. Mr. Tropeano stated that neither plan has been sub-. mitted to the Trustees nor have they been consulted as to the location of Worthen Road. At the Town Meeting, they rezoned approximately thirteen acres into A]L antici- pating approximately two acres for Worthen Road, thus leaving eleven acres for the apartment houses and adequate off-street parking space, lawn, etc. The proposed Worthen Road, including the road itself, is taking or isolating about four acres of the thirteen acres the Trustees had rezoned. Before the plan of November 28, 1958 is adopted, the Trustees would like to be heard and granted an op- portunity of presenting an alternate, recommended layout, Mr. Tucker said if the change would result in start- ing the project and realizing some tax money, he would be in favor of the change. Mr. Adams said he could see no reason for not doing what Mr. Tropeano wants to, but he thought the subject should be discussed with Mr. Gayer. The Chairman agreed to contact Mr. Gayer and go over the two plans. The Chairman read a letter from the Pond Realty Trust relative to a preliminary subdivision of land, located off Reed Street and Garfield Street. Copies of the plan, which had been submitted to the Planning Board, were at- tached. The Trust would like to purchase tax title lots 26, 27 and part of 28 on Garfield Street for $300, to com- plete the proposed preliminary plan. The Trust also asked the Board to consider granting an easement through 1 tax title The with Mr. It w the six 1 that they also upon It was fu title lot Appl received half of E Sati the Chief Upon to sign t The Alien Str The to discus Lett Plumbing $10.00 pe Lett Inspector $2,700 pe Lett ing Inspe s onne l in No a when budg Mr. or the B ing Inspe to de to The Commissi item this a separat Fur for elec It lowing r lot 12 to tie into the storm drain. hairman reported that he had discussed this now. s agredd to entertain a price of $2500 for Tax title ts, the lots to be sold upon the condition will be combined to make one building lot and the condition that the development goes through. then agreed to grant an easement through tax 12 for drainage purposes. cation for a Certificate of Incorporation was rom the Secretary of the Commonwealth on be - gene B. Hamilton, 1 Braemore Terrace. factory character reference was received from of Police. motion duly made and seconded, it was voted e application. hairman read a letter from M. J. Carroll, 31 et, complaining about Mr. Lurveyts attitude. Complaint hairman agreed to contact Mr.Carroiland also the matter with Mr. Lurvey. ✓ was received from John B. Byrnq, Jr., nspector, requesting a salary increase of week. ✓ was received from Robert K. Jeremiah, Wire requesting a salary increase of $383.28 or Salaries year. ✓ was received from Donald K. Irwin, Build - tor, requesting a 5% increase for all per - his department. tion was taken, the letters to be discussed ts are being considered. dams suggested that the Fire Commissioners rd of Selectmen should meet with the Build - tor and Fire Prevention Officer in an effort ne their relationship in regard to inspections. hairman read a letter from the Board of Fire ers advising that the Capital Expenditure year will be for a Chief's car'and come under item in the warrant. er consideration was ion officers. as unanimously voted tes: Wardens Clerks Inspectors Tellers given to rates of pay to establish the fol - $18.00 per election 16.00 per election 16.00 per election 14.00 per election Election Officer rate s Licenses Upon motion duly made and seconded, it was voted to renew the following licenses: Geo. R. Reed & Son Geoffroyts Pharmacy Five Forks Spa Mary A. Rowland 1721 Mass. Avenue 316 Marrett Boad 286 Lineoln Street 150 Lowell Street The meeting adjourned at 10:55 P.M. A true record, Attest: Common T1 tt tt Victualler tt n tiv ler ,, 4 me 1 A r held in on Monde Chairman present. and the Mr. Board fo nolly, 6 Hancock Mr. from C la Trustees Fund eff The ing that gest ion 1958 and nation u The Lynah re Bridge C at any o Mr. the effe run for let him The Town Co The matting Works ef Upo to acApp Upo it was v Morris M Colonial SELECTMEN'S MEETING December 22, 1958. gular meeting of the Board of Selectmen was he Selectmen's Room, Town Office Building, evening, December 22, 1958, at 5:00 P.M. Maloney, Messrs. James, Tucker and Adams were Mr. Gayer, Superintendent of Public Works, ecutive Clerk were also present. James J. Carroll, Town Clerk, met with the thedrawing of two jurors. Charles E. Con- Cedar'Street and Robert S. Weaver, 45 North treet, were drawn for jury duty. Carroll said that he had received a letter ence S. Walker resigning as a member of the of Public Trusts and the Bridge Charitable ctive March 1, 1959. Chairman read a letter from Mr. Walker stat - he was very willing to conform to the sug ontained in the Board's letter of December 9, would defer the effective date of his resig- til March 1, 1959 Chairman also read a letter from Thomas G. igning as a Trustee of Public Trusts and ritabie Fund effective December 31, 1958 or her date agreeable to the Board. Carroll said that Mr. Walker should have made tive date sooner so that someone else could lection. He told Mr. Walker that he would now what he should do. Chairman suggested that the Board contact sel for legal advice. Chairman read a letter from Mr. Gayer sub - is resignation as Superintendent of Public ective as soon as possible. motion duly made and seconded, it was voted GI.Y@rrfgi$ aiRP*5:10 P.M. motion of Mr. Tucker, seconded by Mr. Adams, ted to renew the followinglicenses: 545 Resignations License s tors 400 Waltham Street First Class Arnt Garage, Inc. 1668 Mass. Avenue " Further consideration was given to application for a Retail Package Store license received from Elwell Incorporated, 55 Massachusetts Avenue. Letter was received from Berman's Market, Inc., by Edward I. Berman, requesting the Board to deny the application as he felt the area was being adequately Package served at the present time, and had been so served for Goods Store a number of years. License Petition with eighty-seven signatures was received requesting the Board to hold a public hearing on the application; the signers being opposed to granting such a license, feeling that the district is being adequately served. Mr. James said he thought the license should be denied at the moment. Mr. Adams said he thought it should be discussed -- on what grounds. Mr. James said he questioned whether or not there is the need in the Town for another store, and he questioned whether the right group has applied for a license if the Board issues one. Mr. Adams said he thought all members of the Board should be present as it is a mattter of policy, and he thought action should be deferred until next week. Mr. Tucker said he felt there were enough liquor stores in Town and another matter about which he was concerned was the restaurant and the trouble the ap-. plicant has had with just a restaurant. He asked if they would do any better with a liquor store. The Chairman said that if Mr. Adams felt all members of the Board should be present, the matter could be held over. Mr. Adams said he thought 'this a matter of policy and the Board should decide whether or not there should be another liquor store and he felt it should be a little more than just saying the Board does think so or the Board doesn't think sol He asked if five stores were too many, why weren't four or three, and said that after the_next census in 1960, there will be two more avail- able. -The Chairman said he felt the Town could use an- other store and if there is one, it should be in East Lexington. Mr. Adams said that he preferred to hold the mat- ter over rather than make a snap decision. Mr. James reported briefly relative to observance of Engineers' Week, and mentioned Messrs. Yewell, Zitso 1 547 nd McCor ick as individuals to serve on a Committee Committee to arrang the program. The eeting adjourned at 5:40 P.M. A tr e record, Attest: Eec ivler Sele*f'men. 648 SELECTMEN'S MEETING December 29, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 29, 1958, at 7:30 P.M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. John J. Carroll, Assistant 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 permission to locate four poles on Worthen Road. Mr. Mahon, representing the Boston Edison Company, was the only person present at the hearing. The Chairman inquired about the proposed locations and Mr. Carroll explained that they are for the Grace Chapel. Mr. Adams asked if these four poles were to be Pole lo- part of a plan to illuminate the entire road and Mr. cation Carroll replied in the negative. The Chairman stated that these poles would sup- ply power to the Grace Chapel. Mr. Adams asked if all four poles would have lights and the Chairman replied that they would not unless the Board made a request. Mrs. Morey asked if the poles would be on lot lines and Mr. Mahon replied in the affirmative. Mr. Mahon retired at 7:37 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the order fort he fol- lowing pole locations: Worthen Road, northwesterly sidd, north- easterly from a point approximately 2751 northeast of Massachusetts Avenue, -- four poles. Mr. Stevens, Town Counsel, arrived at the meeting. Mr. Carroll said, being as brief as possible, he wished to apply for the position of Superintendent of Supt. of Public Works. He informed the Board that he has been Public Works Assistant 'superintendent for three years, is a regis- tered professional engineer in Massachusetts and has completed a course in Public Works Administration, conducted tion. He s confident that he h tried to the appoi pointed, be leavin by the International City Managers' Associa- id the men and women who work under him have in him and respect for him. He also said s every confidence in himself, and has always tter himself which is the reason he desires tment. He explained th:r-t if he is not ap- n an effort to better himself, he will probably Lexington. Mr. Carroll said that Mr. Gayerts resignation came at an unf•rtunate time of year with budgets to be dis- cussed and snow removal, and he would like to make decisions relative to these as Superintendent of Public Works. He said that due to the fact Mr. Gayer indicated he would like to leave as soon as possible, he felt the Board would arrive at a decision as soon as possible so the work can proceed without too much.'. interruption. Mr. Carroll said an easement is needed in Patterson Road to construct the sewer on which bids were opened this afternoon. He explained it is located on the west side of Ro to 128 and indicated to the Board the lo- cation on a plan. Mr. Carroll reported that he has talked to the abut- ters and t all want something in way of consideration, some of which he considers unreasonable, especially Mr. Napoli. H= suggested that the Board make a tkking now and then t y to obtain confirmatory deeds later on. Mr. T cker asked what Mr. Napoli wanted, and Mr. Carroll replied that he wants abatement of any better- ment on t = lot when the sewer is put in Wood Street, plus an abatement on the lot indicated on the plan, plus a fre= service to the house. The C airman asked if the sewer would go in Wood Street, an• Mr. Carroll replied that this sewer would not. Mr. Japes explained that it would provide the main and asked hat Mr. Lindsay wanted. Mr. C.rroll reported th^t Whitman & Howard went in and cut t• ough his property. He wants them to pay for the damage to all the trees. Mrs. orey asked if Whitman & Howard did the cut- ting witho t permission, and Mr. Carroll replied in the affirmat iv:. Mr. Carroll reported that Mrs. Ross, through her attorney, ants about *200 or *300. She has a parcel of land that is locked in. Mr. S evens saidit has value only to an abutter and does n.t have frontage on a street. Mr. Carroll said that Mr. Durso wants a free sewer 549. Patterson Road sewer easement 550 Curbing Transfer service plus $100 which he felt, in his opinion, was fairly reasonable. Mrs. Morey asked if the property was all landscaped. and Mr. Carroll replied in the affirmative. Mr. Stevens explained that the Town would have to restore the property to its original condition. Mr. Carroll advised the Board that there is no choice as far as the location of the sewer is concerned. Mr. Stevens said he did not see what else the Board could do. If there were an alternate, it might be worth- while to have a real estate man submit a figure. How- ever, it appears that there is nothing to do but proceed to have the order of taking prepared. Mr. Adams asked how much of Patterson Road this • sewer would serves; and Mr. Carroll replied that it would take everything but the dip, Holton Road, Wildwood Street Wood Street and the hill. Mr. Stevens suggested that Mr. Carroll obtain ap- proval frau the Department of Public Works. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to have an Order of Taking prepared.' Mr. Carroll referred to proposed curbing on Mar- rett Road, and explained that he was requested by Mr. Gayer to bring the subject up. Mr. Kiernan, of the State Department of Public Works, said that the State would put in a bituminous concrete hot top curb and would probably put in a sidewalk up to subgrade the same as on Lowell Street. Mr. Kiernan also said that Mr. Hanron wanted it clearly understood that there will probably be complaints received from the people due to the fact that their driveways will be much less in width., Mr. Stevens asked if it wouldbe necessary to ob- tain alope easements, and Mr. Carroll replied that he did not think so. Mr. Carroll informed the Board that the sum of *5300 is needed for unpaid bills incurred during the last snow storm. He said he understood the Appropriation Committee is meeting this evening and he has already ad- vised the Town Accountant that additional funds are needed. The Chairman asked for a breakdown and Mr. Carroll explained that $1287.21 was previously certified for pay- ment $858.61 for hired equipment, $1,877.02 for sand and $1,178.50 equipment rental. The .Chairman asked if this amopnt included the Town equipment used on snow removal and Mr. Carroll replied in the affirmative and explained it was in the itme of $1,178.50. He said that he was ting a chance that there will be no more snow this year. Mr. James suggested that Mr. Carroll meet with the 1 Appropria request. The relative Works and statement anything Lett for Leona purbbase of Laurel pay the plus ase Mr. was discu a plan pr the Board Mr. for water Board was The ready for the Plann It w pre pared, ready for Lett copy of h deed from Centre, I 1.2 acres a duplica District Book 9291 The submitti Trusts an December the Board In a Stevens s and perha accepted an opport to the a 551 inn Committee this evening and explain his hairman asked if the Board had any questions o the position of Superintendent of Public Mr. Adams suggested that Mr. Carroll put the made by him to the Board in writing and add lse he could think of. ✓ was received from Roger B. Leland, attorney d Jellis, relative to Mr. Jellis' attempt to parcel of land located at'.the intersection Lennard and Reed Streets. Mr. Jellis is prepared to Jellis m of *10.30 unpaid taxes for 1956 and 1957 er betterment in the amount of $430.77. tevens said he understood, when the subject sed before, that Mr. Gayer was going to have pared and then it was to be passed upon by arroll said that there are funds in the budget sewer and pavement, but he did not know the waiting for a plan. hairman asked Mr. Carroll to have the plan the next meeting and Mr. Stevens said he thought ng Board should look at it. s agreed that Mr. Carroll would have the plan discuss it with Mr. now and have a report the next meeting. ✓ was received from Mr. Stevens, together with s letter to the Town Clerk and a copy of the the Town to Josiah Willard Hayden Recreation c. of a triangular piece of land containing The deed was dated September 8, 1958 and e recorded by the grantee in Middlesex South egistry of Deeds on December 18, 1958 in Page 426. hairman read a letter from Thomas G. Lynah his resignation as a Trustee of Public the Bridge Charitable Fund, effective 1, 1958, or at any other date agreeable to telephone conversation with the Clerk, Mr. ated that he had not suggested to the Board, s should have, th,t if the resignation was n the immediate future, the Board would have nity to appoint someone for the interim up ual election. As long as the vacancy exists Deed to Hayden Recr. Centre Resignation 552 Tax title on election day, it is the same as Mr. Carroll running for the office of Treasurer. He is still in office until the election. Mr. Stevens explained to the Board that if the resignation is accepted now, the Board can appoint someone for the interim. The other way is to have the resignation take effect the first of March. If any emergency arises, the Trustees could act if they . had to. He said there is no reason why nomination papers cannot be taken out. It was agreed to ask Mr. Lynah to reconsider and establish the effective date of his resignation as March 1, 1959, and to submit his resignation to Mr. Carroll, Town Clerk. The Chairman read a letter from Mintz, Levin and Cohn, representing the Lucky Penny Trust and the Meryl Robert Trust, advising that the trust is interested in acquir- ing tax title lots 25 and 26 located on Rangeway. Mr. Snow, Consultant to the Planning Board, would like further information as to what these people pro- pose to do as it is possible the Town may not want to grant an access if that is what they want. He reported that Rangeway is practically impassible and it could result in assessment of betterments. This group has purhhased the McDevitt land on Burlington Street and the Potter -Ferguson land on Grove Street. Mr. Carroll reported that this group approached him with a subdivision plan of Grove Street which had only one entrance. He told them as far as he knew, the Planning Board would want another entrance and exit as that had been the policy in the past. Be said he pre- sumed this letter was a result of that conversation. Mr. Adams suggested that the matter be referred to the Planning Board and that the attorney be advised to submit a plan to the Planning Board before the Select- men take any action. Upon motion duly made and seconded, it was voted to grant the following j/o pole locations, all having been approved by lir. Carroll: Wilson Road, southeasterly side, north- easterly from a point approximately 15, northeast of Marrett Road, -- 6 poles. Roosevelt Road, northerly side, westerly from a point approximately 110, west of School Street, -- 5 poles. 1 Peti Farm Road Avenue an Mr. on these the subdi are some Mr. care of a seetion f two weeks stated t rant and Mr. be accept Mrs. Carroll r bettermen The pared to He also a should be could deo Mr. street on strutted. Mr. Lett vising th ment whic funds in Serlectmen available The of Appeal advertisi stationer The Board $5.00 to The Ellison Road at Leroy Road, -- 1 pole. Ellison Road, easterly side, northerly from a point approximately 601 north of Leroy Road, -- 6 poles. ion was received for acceptance of Peacock extension from Trotting Horse Drive to Baker all of Compton Circle. arroll explained that the work is completed Street Ac- treets which are sections four and five of ceptance ision, but Mr. Stevens advised that there asements to be taken care of. tevens reported that section five is taken d another plan is being put on record on ur. It should be cleared up within the next well in advance of any acceptance. He t the Board could include''these in the war- t they are not ready, they could be postponed. arroll said that he felt Baker Avenue should d and done at the same time. Morey inquired about the abutters and Mr. plied that there are three or four but the s would not be high. hairman asked if Mr. Carroll would be pre- ive the Board a recommendation next week. ked if this is a project for which a petition obtained from the abutters or if the Town de to accept the street. arroll stated that there will be an accepted both sides of approximately 200 feet not con- arroll retired at 8:37 P.M. ✓ was received from the Board of Appeals ad - t a new typewriter is needed in that depart - will cost $152.75 net. There are sufficient he budget to cover the cost and unless the object, the Board of Appeals will use the funds. etter also referred to the charge for Board hearings. Presently it costs $5.00 for and $t1.00 for the stenographer, plus postage, and time which totals about $15. per hearing. of Appeals suggested increasing the fee from 15.00. oard felt that the present fee is apparently Board of Appeals 64 Transfer inadequate and voted to increase the charge to $15.00. Mr. Stevens said that he deeded a transfer of funds in connection with the Hancock Church - Historic Districts Commission matter. He filed an appeal to the instrument described as a decision and advised the. attorney for the church but has not heard from him on it. He said the Commission does not have enough money nor are there sufficient funds in his account. Mr. Adams said he thought, in view of this case, the building committee and the Commission have been arbitrary. He said the very thing discussed when this was presented to Town Meeting was that the first Commission would have a very difficult job to do. He stated that the question of any term as Colonial was not the intent. He said he thought an impass had been reached and if this gets into any further discussion, it will be bad for the Town and for the Historic Districts Commission. Therefore, before he would agree to taking it into Court, he thought both groups shodd meet.'. He said if the Town loses the Historic Districts Commission, it will be a real tragedy, and he thought there should be one more attempt made to bring the two groups together to work out some plan. The Chairman said that had been his feeling all along. Mr. Stevens explained that there was only twenty days in which to make an appeal which had to be taken. The next step is to designate the portion of the record. He said he was willing, and Mr. Davis gave every indi- cation that he was willing to sit down. Mr. Adams said he thought this could do much damage. Mr. Stevens said the transcript of testimony is 268 pages at an estimated cost of $5.00 per page or $1,34.0. The other charges at $4.0.0 per page make up an amount which added to $1,340 gives an estimate of $1,460. Mr. James asked how many copies could be had for $1,460, and Mr. Stevens replied he thought about twenty and it might even be fifty, but there is a set number that has to be printed. He said that in addition would be the cost of printing the brief and that would depend on the length. The Chairman said this could run into $3,000. Mr. Adams said this makes it the business of the Selectmen, and he thought it would be a proper function for the Board to get these two groups together again in an effort to settle the case. Mr. James said that the committee the church. Mr. Tucker suggested a transfer t not to be used by Town Counsel without does not represent o be earmarked and approval of the 1 Board. I gether, h can't get Yr. ing witho the Coml. Upon it was vo transfer the Law earmarked with the Furt received store lie not to be setts Ave Upon mously vo of the Se are adequ demands o alcoholic Furt of a memb Upon it was vo member of expiring The advising of the Re the Moder Wingate R The Carroll' s Mr. Carro Mr. Lurve requesti The December same date that he to change discussio Planning it Utpossible to get the two groups to- ms ave to spend it. If the two groups together, the money will be available. dams said all he was ahking was for a meet - t any strings and that the committee and sion be asked to get together. motion of Mr. James, seconded by Mr. Tucker, ed to request the Appropriation Committee to he sum of $1,460. from the Reserve Irund to partment Expenses Account, this amount to be and not to be expended without consultation oard of Selectmen. r consideration was given to an application, rom Ellwell Incorporated, for a retain package nse for the sale of all alcoholic beverages drunk on the premises located at 55 Massachu- ue. motion duly made and seconded, it was unani- ed to reject the application as in the opinion ectmen the present four retail package stores to in number and location to meet the reasonable the public for places at which they may obtain beverages. r consideration was given to the appointment r to the Board of Assessors. motion of Mr. Adams, seconded by Mr. Tucker, Assessor ed to reappoint Mr. William I. Burnham a the Board of Assessors for a three-year term anuary 1, 1963. hairman read a letter from the Town Clerk, Resignation hat Malcolm L. Allen had resigned as a member & reation Committee and the vacancy filled by Appointment tor by appointment of Richard Sparrow, 8 ad. +'� Z CMV - License hairman reported that he went over to Mr. piggery on Allen Street and was advised by 1 that he did not have any discussion with . Mr. Lurvey sent him a registered letter certain things to be done. hairman referred to Mr. Tropeano's letter of , 1958 and the Planning Board's letter of the bothtin regard to Worthen Road. He reported Tropeano d talked with Mr. Tropeano who does not want his plan. Mr. Snow does not want to have any with Mr. Tropeano unless he talks to the oard, because that Board feels its layout is a better layout and it has been very fair. Mr. Adams said if Mr. Snow has a good reason for not accepting Mr.Tropeano's proposal, he would go along with Mr. Snow. The Chairman referred to Mr. John Carroll's ap- plication for position of Superintendent of Publie Works. Mr. James said he would like to talk to Mr. Carroll, and Mr. Adams asked if the Board shouldn't place an advertisement in the trade magazines. Mrs. Morey said she would make him.Acting Super- intendent. Mr. James did not agree, and said he would prefer something definite. Mr. Adams said this is an important position and he wanted time to think it over. The Chairman explained that Mr. Carroll was hired with the purpose of being able to take over the position. Mr. Adams said he saw a lot of Mr. Carroll and he still felt it was a big decision. Mr. James said he did not want to be misunderstood and he is not ready to appoint Mr. Carroll to the position. However, he is better known and what he can do is better known by the Board than any applicant. Mr. Adams said there was another suggestion. Mr. Rupert Stevens always said the Town Engineer was in ef- fect the inspector of the Public Works' jobs. No decision was arrived at. The meeting adjourned at 10:50 P.M. A true record, Attest: �aec tiv Cle 1