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HomeMy WebLinkAbout1959A re held in t on Monday Chairman Mrs. More Mr.' Gayer Asst. Su Clerk wer Mr. contracts Howard, a plained t extension and Westo is for se area and the sewer station, manufactu Upon it was vo Stevens. Stevens. Mr. designing up to Wes close the not used field wor Mr. usual pro Mr. Mr. Boudr have to b will be a Planning that Mr. street wh is a twen a street, is gettin Upon it was vo record th SELEC TMEN t S MEETING January 5, 1959 ular meting of the Board of Selectmen was Selectmen►s. Room, Town Office Building., evening, January 5, 1959, at 7:30 P.M. aloney, Messrs. James, Tucker, Adams and were present. Mr. Stevens, Town Counsel, Superintendent of Public Works, Mr. Carroll, erintendent of Public Works, and the Executive also present. tevens reported that he had prepared three for engineering services with Whitman & 1 in sets dated December 31, 1958. He ex- at one has to do with sewer construction, of the trunk sewer along Route 128 to Shade Streets and the fee is 12%. The other one ers in the Byron Avenue and Lockwood Road he third one has to do with the study for from the manhole opposite the pumping oute 128, to serve principally the light ing area under zoning. motion of Mr. James, seconded by Mr. Tucker, ed to execute the contracts prepared by Mr. All copies were signed and returned to Mr. ayer explained that while Mr. Howard was this for the Itek area, it will be extended view Street because as soon as it is that e will be a demand for it. He said if it is ow, he is sure it will be shortly and all the is completed. dams asked if signing the contracts followed edure and Mr. Stevens replied in the affirmative. tevens reported that he has taken a deed from au of Lot 70 on Garfield Street, which will ratified by Town Meeting. He explained this continuation of Sunnyknoll Terrace and the oard did not want a deadend. He explained oudreau acquired lot 70 at the end of the ch lies in between town -owned parcels and it y -five foot lot. Rather than acquire it for which the Town has a right to do, the Board a straight conveyance and .fee of it. motion of Mr.'Tucker, seconded by Mr. Jamas, ed to authorize Town Counsel to accept and deed. 3 ai Contracts for engin- eering serv- ices -- sewer Deed Memorandum on open meetings was received from Open Mr. Stevens who explained that it is not necessary for meetings the Board to take any action. The Act becomes effective on January 6, 1959. Further consideration was given to letter from Roger B. Leland, attorney for Leonard Jellis, relative to a certain parcel of land at the intersection of Laurel and Reed Streets which Mr. Jellis desires to acquire. Mr. Carroll presented a plan of the area showing Laurel St. the extension of Laurel Street, old Reed Street, the extension island and the Jellis property and explained a sug- (Dellis) gested way of conveying the land. It was agreed to extend Laurel Street to Reed Street and to obtain a vote from the Annual Town Meet- ing to abandon any rights in the old Reed Street. The Town could then make conveyance to Mr. Jellis of the portion of the triangular parcel of land between the old Reed Street location and the new Reed Street. Historic Districts Commission Dutch elm & insect suppression Letter was received from the. Lexington Arts and Crafts Society advising that the Society had selected Miss Ruth M. Pestengill and Mr. Carl E. Bryant as can- didates for appointment to the Historic Districts Com- mission. Mr. Adams reported that Mr. Philip B. Parsons, whose term expired, had not been asked to serve again as the Society did not understand he could be reap- pointed. Mr. Stevens explained that there is nothing in the law to prevent an individual from being renominated. It was agreed to advise the Society that there may have been some misunderstanding and explain that Mr. Parsons could be reappointed. No action will be taken by the Board until a reply is received from the Society. The Chairman read a letter from the State Depart- ment of Natural Resources advising that the sum of $10,000. has been determined as the Town's liability for Dutch elm disease control in 1959 and the sum of $7,569.74 for control and suppression of other public nuisances. An additional total appropriation of $4,450. was recommended., It is on the basis of the additional appropriation that assistance can be given by the State. It was agreed to ask the Department what the Town 1 Dutch elm & insect suppression receives for the required appropriation. Mr. tevens retired at 8:17 P.M. Mr. arroll presented a plan showing a 125 foot section of Baker Avenue upon which there is located four hous=s. He suggested that this section be con- structed d accepted by the Town in connection with the accep ance of Peacock Farm Road and Compton Circle. He said t•at both sewer and water have been installed in the se tion. The ters and $1.8.5 Per It w this sect group of Town this Mr. have his it is ace are pract be needed handle th Mr. three low sewer wor was the 1 hairman inquired about the cost to the abut- . Carroll replied that he has estimated foot. s the unanimous opinion of the Board that on of Baker Avenue should be included in the treats to be constructed and accepted by the year. ayer advised the Board that he would like to esignation effective the end of next week if ptable to the Board. He said the budgets cally complete and he did not think he would for any further help as Mr. Carroll could m. ayer reported that the computation of the bids, opened December 29, 1958, for trunk was correct and Richard White Sons, Inc. w bidder. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to award the contract for trunk sewer work to Richard White Sons, Inc., the low bidder, at the bid p ice of $101,855. Mess s. Gayer and Carroll retired at 8:20 P.M. The Trust adv Board in sale of t Street ar Upon to advert ington Mi given the The advised t an Assess bills out slow up t a week t hairman read a letter from the Pond Realty sing that the conditions outlined by the etter of December 18, 1958 relative to the title lots 26 through 31 on Garfield acceptable to the Trust. motion duly made and seconded, it was voted se a proposal to sell the lots in the Lex- ute-man and that further consideration be offer following the advertisement. hairman reported that Mr. William I. Burnham t he has the time required for the duties of r and every effort will be made to have the on time. However, weather conditions can work. In 1958 he often devoted three days assessing. Baker Avenue Gayer's resignation Trunk sewer contract Tax title Assessor 560 The Chairman read a letter from John J. Carroll, Assistant Superintendent of Public Works, confirm- ing his verbal application. of Monday, December.29, 1958, for the position of Superintendent of Public Works and Town Engineer. Mr. Adams asked if the Board had agreed that he was competent, and Mr. James replied that the Board knows more about his competency than it would any new applicant. Mr. Tucker said he thought Mr. Carroll should be given a chance at the position. Mr. James akked what salary Mr. Carroll was think- Sup't. of ing about and he thought it should be determined. before Public Works the appointment is made. Mr. Adams said the Board could appoint him, but he thought the salary should be discussed and he asked at what salary Mr. Gayer was appointed. The Chairman replied that Mr. Gayer received *8,000. and Mr. James pointed out that Mr. Gayer had more experi- ence. Mr. Adams said that Mr. Carroll would be assuming the same responsibilities and he would agree to $7,500. per year if Mr. Carroll is told that as of March or April lst, he would be given some consideration. Both Mr. James and Mr. Tucker felt that was .too soon. The Chairman said that if Mr. Carroll did a satis- factpry 1 pb t}iis winter, be would recpmend an increase of $500. Mr. Tucker said he felt it a little early to grant an increase. Mrs. Morey suggested that the Board consider the Public Works budget Saturday morning with both Mr. Gayer and Mr. Carroll. Mr. James said he did not like to discuss any budget with a department head before he had an opportunity to familiarize himself with the budget. Mrs. Morey said that perhaps the Board should dis- cuss budgets this week and then consider them again,nex, Monday. The Chairman reported that Mr. Gayer advised him that the budgets had been prepared by both .im and Mr. Carroll and he could see no reason why Mr. Carroll could not carry on with the budgets. If necessary, Mr. Gayer would be willing to come back to discuss the budgets with the Board. The Chairman said he asked Mr. Gayer how he felt about Mr. Carroll, and he replied that he believes he is ready to try and do a good job. Mrs. Morey said that there are eight weeks in which to discuss budgets and asked if it wouldn't be .sensible 1 to take c While he The on budget working o Mr. familiar Mr. Mr. Carro crease to Mr. Upon to appoin Works and a salary the rate 1, 1959 i Copy Carroll, Lynah►s r and Bridg March 1, Lett 46 Webete assistant Upon it was vo Countrysi Elwell In Minute. Lexington Lexington Jeanette The received ment rela in that d Mr. weather s The heating s Mr. Week and re of those in which Mr. Gayer is interested s here. hairman said that the Board would be working and the Appropriation Committee would be them. ames said he thought Mr. Carroll was just as ith the budgets as Mr. Gayer. aures said he would be in favor of appointing 1 at a salary of $7500. per year with an in - $8,000. per year on July 1st if he qualifies. ucker said that would be his suggestion. motion duly -made and seconded, it was voted John J. Carroll Superintendent of Public Town Engineer, effective January 16, 1959, at f $7,500. per year with the understanding that ill be increased to $8,000. per year on July in the opinion of the Board, he qualif&ee. of letter from Thomas G. Lynah to James J. own Clerk, was received advising that Mr. signation as a Trustee of the Public Trusts Charitable Fund would be effective as of 959. r was received from Charles N. Collatos, Road, commending the Police Department for rendered on December 25th. motion of Mrs. Morey, seconded by Mr. Adams, ed to grant the following licenses: e Pharmacy orporated Restaurant Inn Inn . Kanis 317 Nahum Street 55 Mass. Avenue 1715 Mass. Avenue 727 Marrett Road 727 Marrett Road 93 Spring Street 561 Resignation Licenses Common Victualler (renewal) is r► n n n n n Innkeeper Auctioneer (new) lerk reported that a telephone call had been rom one of the Clerks in the Welfare Depart- ive to cold air caning in through the door partment. dams suggested, and the Board agreed, that ripping be installed to correct the condition. hairman suggested that a study be made of the stem in the Town Office Buibling. ames brought up the subject of National Engineer's pon motion duly made and seconded, it was voted Welfare Offices ait Li Committee to appoint Harry B. McCormick, Peter Zitso and Paul G. Yewell to serve on the committee to arrange an appropriate program for observance of the week. The meeting adjourned at 9:03 P.M. A true record, Attest: xec ' ive lark Selec /en. 1 A re held in t Moitdag _ 3 v Maloney, were pres Upon. to go int cussing, made pubs the finan any pe rs o Chia- on hieon incide at 8:00 P The Mr. Carroll, with the Mr. two other Mr. Carriage from 421 the Lexi the store to the bu The a cab in affirmati The that he h Mrs.' under a under his The he replie Mr. 76 Laconi SELEC TMEN ' S Mr TING January 12, 1959 ular meeting of the Board of Selectmen was e Selectmen's Room, Town Office Building, on ning, January 12, 1959 at 7:30 P. M. Chairman essrs. James, Tucker, Adams and Mrs. Morey nt. The Executive Clerk was also present. motion duly made and seconded, it was voted executive session for the purpose of dis- eliberating or voting on matters which, if c, might adversely affect the public security, ial interest of the Town, or the reputation of John W. Rycroft met with theBoard and reported is concerning the Police Department, and retired M. oard voted to resume the open meeting. arold E. Stevens, Town Counsel, and Mr. John J. saistant Superintendent of Public Works, met oard. asc3uale J. Monsignore, 76 Laconia Street, and individuals came into the meeting. onsignore had filed an application for a Public icense and explained that he expects to operate owell Street. This store is now occupied by ton Auto Parts and he will have a telephone in He stated that there is a driveway adjacent License lding that he will be able to use. hairman asked if he felt there is a need for hat area, and Mr. Monsignore replied in the e. hairman asked if he had a car now and he replied s one and intends to purchase two more. Morey asked if the business would be operated me, and he replied that he would operate it own name. hairman asked if Mr. Monsignore would drive and that he and his two brothers would drive. onsignore said that he purchased the house at Street from his father. 564 The Chairman said the Board world take the appli- cation under advisement and the group retired. The Chairman read a staisfactory character reference from the Chief of Police. Upon motion duly made and seconded, it was voted to grant a Public Carriage license to Pasquale J. Monsignore, the business to be operated from 421 Lowell Street. Mr. Carroll presented a plan of Worthen Road from Waltham Street to Massachusetts Avenue which had been completely engineered. He discussed it with Mr. Stevens and Mr. Snow and it is now at the point when something druid be decided as to whether or not it is to be laid Worthen Rd. out as a street. He said he thought someone should dis- cuss the matter with the Hayden people. He explained by use of the plan what would be involved in regard to traffic control, lights, etc., and said that the estimated cost of building this is $350,000. He stated that most of the money is for the intersection. He also said that the plan is for a thirty foot road. Mr. Stevens asked what it would cost just to do Park Drive and Mr. Carroll replied about $150,000 or $200,000. Mr. Carroll repor hat Mr. Snow had suggested tearing down the Heydeplouse and moving a house. The Chairman said that each year the Recreation Committee has reciuested funds for the track. Mr. Adams asked what the Board thought of Mr. Snow's suggestion of putting the track around the football field. Mr. Tucker said if the present location of the track is not good, it might be better to build a new one and abandon the present track rather than to spend money on some- thing that is only a makeshift. Mr. Carroll said technically it should go around the football field but pipes would have to be installed under the track because the field is wet. Mr. Stevens said he would discuss the location of the road with the Planning Board.. Mr. Carroll discussed a request from the people con- structing the motel in the center for increased electrical service and reported that Mr. Pellegrini of the Boston Edison Company is of the opinion that they definitely need the permit. He said he wanted the Board to know that a permit was issued and he insisted that the work be done only between the hours of ten in the morning and three in the afternoon because he felt it presented a serious traffic situation. To speed the project, work will be done on Sunday. He said he has checked with the Chief of Police and (Motel 1 the wokk Mr. walk duri original sidewalk abandoned Mr. that he a County la in front Mr. Bedford S had there Mr. work is i ready for sible. Mr. or altera County wa it will Bedford S be to hur He said h' the Count said he t has been The be done c Mr. awarded t chusetts through t owned by contact M Mr. the land Board at Innes. Mr. Board is not aequi Noti Public Wo relative laying ou Bedford A ill be kept under control. dams brought up the question of a wooden side - construction and Mr. Carroll said when the mit was issued, he had insisted on a wooden nd there was one which has been more or less He said he would correct the situation. arroll referred to Laurel Street and reported d the Town Counsel have discovered that the d out a road for the Town which is the road f the Jellis house. tevens said the County layout came down from reet and ended at the large place Meagher arroll said that a substantial amount of field volved and he would do his best to get it the Annual Town Meeting but it may not be pos- tevens said the Board should adopt a layout ion and relocation from some point on the and bring it down to Center Street and than definitely known where the Town way is from reef to Center Street. The other way would y it and bring it just down to Laurel Street. thought it should be pieced in correctly to layout of a Town way to Center Street. He ought he should write and tell Jellis what ound out. oaryd agreed unanimously that the layout should rrectly down to Center Street. arroll referred to the sewer contract, recently White and said the sewer would go from Massa - venue along Route 128 up to Roosevelt Road all wn property with the exception of a small piece ob Innes. He hay tried, without success, to . Innes relative to an easement. tevens explained that this is at the end of he Town acquired from Seabury and the Planning hat time said it might acquire the land from arroll said that someone from the Planning alking about getting the land and if it is ed, an easement will have to be obtained. e was received from the State Department of ks, a copy of which was mailed to the Board, o a hearing January 13th in the matter of State highways across the railroad, on rport access roads in the Town of Lexington. 565 Laurel St. Roosevelt Rd easement Hearing 466 Mr. Stevens said he told Mr. Carroll someone should attend for the Town to indicate interest and to hear what is said. The Chairman reminded the Board of the hearing to be held January 14th relative to high pressure gas main or pipe lines. Mr. Stevens said the Town would take the view that they are unfair in trying to push this onto the Town. Mr. Stevens said he had prepared a Certificate of Cert. of Entry on Allen Street. Pursuant to an Order of Taking Entry signed April 29, 1957, the Town made entry, on January 3, 1959. Upon motion duly made and seconded, it was voted to sign the Certificate of Entry to be recorded in Middlesex South District Registry of Deeds by Mr. Stevens. Contract 9 Hancock St. Mr. Stevens presented Sons Inc., for trunk sewer Upon motion duly made to sign the contract. Mr. Stevens retired at 9:15 P. M. The Chairman read a letter from Edwin B. Worthen, Jr., in which he referred to an item in the November 10th issue ofthe Lexington Minute -man which reported that the property at 9 Hancock Street was to be torn down. contract #3, Richard White work, in the sum of $101,855. and seconded, it was voted Mr. Worthen said he knew of at least one organ- ization which was interested in making use of the build- ing and he hoped the Board would make every effort to explore such a possibility before demolishing the build- ing. The Chairman read a letter from the Lexington Chapter American Red Cross stating that an inspection had been made of the property at 9 Hancock Street and it is believed that it could be used as a Chapter House for several years. An appointment with the Board was re- quested. It was agreed to discuss the subject with the Red Cross. The Chairman read a letter from Officer William Resignation Meadows requesting the Board to accept his resignation as a police officer of the Town, effective. January 29, 1959. Upon motion duly made and seconded, it was voted to accept the resignation. The C resigning the pressu to devote Upon to accept', The C Hill Post, names fro fill the firman read a letter from Murray G. Dearborn s a member of the Town Celebrations Committee; e of business making it impossible for him he time required. otion duly made and seconded, it was voted r. Dearborn's resignation. airman was authorized to ask'the Stanley American Legion, to submit two or three which the Board can make an appointment to expired term. 567 Resignation The Chairman read a letter from the Board of Appeals with reference to increasing the fee for a hearing before the Board. The Board of Appeals wanted to be Fees certain t at a formal vote had been taken because some applicants may object and that Board wants to be able to refer to the record. Mr. Carroll Upon to sign a Bruce J. Inc., , a- s received An a port were for trans that occu hospital. Upon it was vo ambulance Furt for a Ret J. Arida beverages 329 Massa Upon mously vo of the Se are ade qu demands o alcoholic Mr. dent of t retired at 9:25 P. M. otion duly made and seconded, it was voted ertificate of Incorporation application for ussell, 156 Grant Street, Yankee Hardwaremen, tisfactory character reference having been rom the Chief of Police. Cert. of Inc. bulance service report and rescue truck re- received from the Lexington Fire Department orting five students, involved in an accident red at Park Drive near Muzzey Street, to the Ambulance motion of Mr. Tucker, seconded by Mr. James, ed not to make any charge for the use of the or the rescue truck. er consideration was given to the application it Package Store license received fro Manuel nd Ethel R. Aruda, for the sale of all alcoholic not to be drunk on the premises located at License husetts Avenue. 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 it may obtain beverages. dams reported that Arthur H. Hayden, Vice Presi- Middlesex County Selectmen's Association, ad- 8 (Meeting Dogs vised him that the Association has made plans to hold a meeting on February 25, 1959 at the Lexington Inn. The Chairman was authorized to advise Mr. Hayden that the Lexington Selectmen will be pleased to act as hosts and assist in any way possible. The Chairman read a letter from Dr. Carl R. Benton offering the use of his hospital free of charge to the Town and its Police Department for the care of stray or unidentified dogs hit by a car, hurt in dog fights, shot at, or otherwise injured. A copy of the letter was sent to the Chief of Police. The Chairman read a letter from Philip L. Pattison, 2 Valley Drive, Ipswich, applying for the position of Assistant Town Engineer. Mr. James said that, to his knowledge, the Board Asst. Town never interviewed this applicant, but Mr. Gayer did. Engineer He asked Mr. Gayer to find out how serious he was, and at that time he was not ready to change positions. Mr. Hames suggested that Mr. Carroll invite the applicant to meet with him and discuss the subject. Mrs. Morey said she thought the Board should have three or four candidates. Mr. Adams said there may be some qualified men in town and if there are, any available notice should be given that the position is open. Bond Chairman Worthen Rd. Letter was received from the Collector of Taxes relative to a bond for the Deputy Collector. Upon motion duly made and seconded, it was voted to approve bond on behalf of Frederick J. Wright, as Deputy Collector, in the amount of $2590 for a period expiring December 31, 1959; said bond having been ap- proved by the Commissioner of Corporations and Taxation. The Chairman informed the Board that he would be out of Town until sorra time after next Monday and said he would like to suggest that Mr. Tucker act as Chairman. Upon -motion duly made and seconded, it was voted to appoint Mr. Tucker Acting Chairman of the Board during Mr. Maloney's absence. The Planning Board met with the Selectmen at 9:50 P. M. for the purpose of further discussing Worthen Road. The Chairman explained that the Selectmen would like to know why the road is located as shown on the plan presented by Mr. Carroll earlier in the evening. Mr. Grindle replied that there is a better foundation at the foot of the hill, less cut-off of the track. 1 Mr. Scow said he did not think the track was in- volved in y way and it is not considered. He said this is th only parcel of land upon which a road can be built and.. if the location is moved, the remaining land will be o no use. He said it is utilization of land. He said t is is a question of moving the location so that the Hayden Foundation can use land and the Town having a piece of property whidh will be of no value. He said the track is wet which gives an indication of the land. It looks like a good piece but isn't. Mr. ucker asked how far the dolid landeexte nded, and Mr.Snreplied that there could not be a foundation where the road keeps sinking and undulating. The Chairman said the Board understood the cost would be ery high and with the expense involved, too much oppo-ition would defeat the construction. He said the oard did not want the Hayden people to say that the own is destroying what they have in mind. Mr. now said if the road location is changed, the piece of land left will not be large enough'Lfor any facil ty. The Chairman suggested that Mr. Cannll and Mr. Snow discss the subject in the morning in view of the engineeri g information received from Miller & Nylander. Mr. now said that the Board of Selectmen is the policy mating Board and must come to some decision.. The Tanning Board retired at 10:25 P. M. The oard of Selectmen was unanimous in the opinion that viort en Road should not be submitted to the Annual Town Meet ng but should be held over for a Special Meet- ing in Ma or June. Mr. Carlson s observant Upon to appoin The A tr aures said that he would like to have Herbert rve on the committee to plan appropriate of National Engineers' Week. motion duly made and seconded, it was voted Herbert T. Carlson to serve on the Committee. seting adjourned at 10:30 P. M. e record, Attest: ec:tivCler , Sele4men. 569 Appointment 510 SELECTMEN'S MEETING January 19, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 19, 1959 at 7:30 P. M. Messrs. Tucker, Adams and Mrs. Morey were present. The Clerk was also present. Mr. James arrived at the meeting at 7:43 P. M. Mr. Tucker acted as Chairman. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one j/o pole on Webster Road, approximately 595 feet northwest of Hutchinson Road. Pole Mr. Mahon representing the Boston Edison Compan'iE, was location the only person present at the hearing. He explained that the petition was engineered very poorly and for that reason he would like to withdraw it and come in later with a proper petition. He said he discovered that the pole location on the plan was away off the established lot line which is contrary to company policy and inasmuch as it was the com- pany's error, he called the abutters and advised them that the petition would be withdrawn. The Chairman asked why Mr. Mahon had to make his request in person and he replied that he thought it was the correct procedure and god public relations. Mr. Mahon retired at 7:38 P.M. Upon motion duly made and seconded, it was voted to grant the Boston Edison Company's request to withdraw the petition. Mr. Harold Stevens, Town (jounsel, and Mr. John Carroll, Superintendent of Public Works, met with the Board. Uron motion duly made and seconded, it was voted to Innis adopt a Sewer Order of Taking, prepared by Town Counsel Sewer for the installation of a sewer under a certain strip of Easement land in Lexington extending from Patterson Road to Route 128 Mr. Stevens reported that he and Mr. Carroll looked at Laurel and Reed Streets this morning. The attorney for Mr. Jellis is going to see him tomorrow. He explained that Mr. Carroll was wondering if the Town would be getting into a situation by proceeding on the basis previously dis- gudsed, as he could not see any reason why the abutters on Old Reed Street would want the land. It will give them a much longer driveway to blacktop or get through if they dontt and of. Mr. he could additiona cussed, t the road something if anyone' Mr. anyone ot Hossfield from Jell Mr. tablished is a Town Mr. Way and what they Mr. Mr. Jelli plained a wanted it a town wa He wanted did abut eliminate Mr. situation money. Mr. cost mone assume th Mr. against h explained time. Mr. sewer wen he did no Mr. on his be Mr. he can be If he is Mr. Mr. Carro of old Re Mr.. Street an a street, will give them additional land to take care tevens said, in looking at it on the ground, ot see why some of the people would want the land. He said if the Board proceeds as dis- town might have to plant trees to block off o prevent cars from going up, and perhaps do at the other end to block the street. He asked had talked to the abutters other than Mr. Jellis. ames said that he had never discussed this with er than Mr. Jellis who has represented that Mr. who lives on the opposite side of the street s, is interested. arroll reported that it has now been an es - fact that what has been called Old Reed Street Way.-. tevens said it could be recognized as a Town ved; tell them it is a town way and explain own. ames said that it is difficult to know what does want from his conversation. He corn - out the condition of Old Reed Street and serviced. He was told new Reed Street was and the Board was not going to be concerned. the town to do something about the fact he n Reed Street and wanted something done to the traffic over that piece of land. dams said it was all right to straighten the out but it might very well cost the Town some tevens explained that whatever is done will Mr. Jellis has offered to pay so much and betterments. arroll said that there was a betterment levied s land for the sewer in on the triangle. He that the water main has been in for a long i1 Reed & Laure 1 Streets (Jellis) ames said that Mr. Jellis stated that if the in new Reed Street and he did not abut on it, see why he should pay a betterment. tevens explained that the betterment is based ng able to be served. arroll said that Mr. Jellis is not sewered but He said that is what he considers the test. ff the street but can be sewered, he is bettered. ames asked what he would pay for the sewer, and 1 replied that he could be charged to the center d Street. tevens said that if the town paves old Reed just says that from now on it is going to be the town will be almost committed to pays the 57 2 little piece at the end. If that is not done, the new layout should be made and should go back and in- volves two or three other houses. The people could be advised that the Town will sell them the property for $1.00, but if they do not want it, they do not have to take it and then they will not be on a street He said someone should explain the situation to the people and see if they will go along with taking this property which the Board can convey under the vote which the Board will have, and consent to the abandonment of old Reed Street. Mr.James said he thought that would be the correct way to handle the situation. Mr. Adams said thatthere are more than two people involved and he suggested inviting them all to meet with the Board. Mr. James said if the three principal individuals are in agreement, he would be in favor of proceeding. It was agreed to invite the individuals involved to meet with the Board next Monday night so that the situation can be explained. Mr. Stevens referred to. specifications for the ambulance and said he assumed he was to redraft them. He reported that Mr. Roeder thought the Board should insist that there be some adequate space for the radio. Mr. Stevens also suggested that the old ambulance be taken in trade with<a list of the items to be taken Ambulance out, get the price of the ambulance, allowance and net price, Mrs. Morey said that there was nothing in the old specifications with reference to head room and this might make a difference in the price. Mr. Stevens explained that the specifications do state that the Board will take into consideration the quality and character of construction which he thought would include head room. He said it seemed to him that if the Board purchased the ambulance in the best in- terest if the Town, it would be broad enough. The Chairman read a letter from the Board of Fire Commissioners reporting that several complaints had been received in regard to the condition of the ambulance. The Commissioners question the advisability of spend- ing any money for repairs inasmuch as funds have been appropriated for a new ambulance. Letter was received from Mr. Alfred P. Tropeano advising that he has withdrawn as counsel for Amos Carr, 75 Kendall Road. This is relative to a sewer easement taken taken from Kendall Road to Marrett Road. 1 The 34 Whippl from the property. Mr. meeting w from him in error Snow is g is to dra to check. land DeVr Mr. Herzog la understoo ing the 1 the matte the Plann Mr. Mr. employee attack an He is de. f advised b capacity. grader. two month The working f He said h for at le Mrs. before an personall have been they shou Mrs. there is Mr. returned keep him Upon it was vo view of M vice; the if he has Upon it was vo victualle hairman read a letter from Richard F1 Herzog, Road, advising that he desired to purchase own a narrow strip of land adjacent to his tevens reported that he and Mr. Snow had a th Mr. DeVries today and obtained authority o have Mr. Snow correct the plan which was n this particular section of Sun Valley. Mr. ing to make the changes and then Mr. Stevens t the deed and send it to DeVViest attorney The Planning Board would like to acquire the es has left. tevens explained that DeVries conveyed to Mr. d in the rear which Mr. Snow said the town it was going to get. He advised acknowledg- tter stating that the Board will look into . In the meantime, it will determine what ng Board intends to do. tevens retired at 8:00 P. M. arroll reported that Frederick Maloney, an n the Public 'forks Department, had a heart his sick leave will expire January 30th. nitely going to return to work but has been Maloney his doctor that he must return in a limited sick leave He will not be able to operate a shovel or t is expected that he will be back within , possibly sooner. hairman asked how long Mr. Maloney had been ✓ the town and Mr. Carroll replied since 1935. would like to have the sick leave extended st a month. Morey asked if the subject has aver come up Mr. Carroll replied in the negative. He said he felt that in instances where individuals loyal and worked for a long period of time, d be helped. Morey explained that in the School Department n extension of sick leave time with half pay. ames asked what Mr. Maloney would do when he o work and Mr. Carroll explained that he will s a foreman. motion of Mr. James, seconded by Mr. Adams, ed to extend the sick leave for one mofath in . Maloney's exceptionally long and loyal ser - subject to be reviewed again in thirty days not at that time returned to work. 573 Strip of land Sun Valley motion of Mr. James, seconded by Mrs. Morey, ed to renew Mrs. Anna E. Phillips' common license, 29 Depot Square. License 574 y The Chairman read a letter from Frank R. Faulkner, President of the East Lexington Men's Club, inviting a member of the Board to speak at a Civic Night to be held on February 23, 1959. Mr. Adams agreed to represent the Board and give a short talk about the office of Selectmen. The Chairman explained that the Board, in discussing budgets, considered a policy of eliminating individual names on stationery. Town Mr. Carroll reported that he has already ordered Stationery stationery for his department with his name as Superin- tendent. He said that there were very few letterheads left with Mr. Gayer's name. Mr. Adams reported that there were three accidents at the old reservoir last Friday and Sunday; two of which were direct results of hockey being played. Mr. Carroll reported that snow fences have been placed at the Adams School and also at Kinneents Pond, but each time they are knocked down and used for a bonfire. He said there is no easy solution and actually it is a question of enforcement and someone should be at the skating areas to control the situation. Mr. James said he thought this was a problem for the Recreation Committee as that committee has the operation of recreation facilities. Mrs. Morey said that the committee has no funds and suggested that it be asked to include an item for another year. The Chairman said he did not see how the problem could be solved without police aid. Mrs. Morey suggested asking the committee to es- tablish a policy for next year and find out what can be done this year. The Chairman suggested, and the Board agreed, to write the committee that inasmuch as the reservoir is a recreation facility, and therefore comes within its jurisdiction, the problem should be studied and recom- mendations made. Skating areas Dutch Elm disease Letter was received from the State Departure Natural Resources relative to Dutch Elm disease, of which was mailed to the members of the Board Superintendent of Public Works. Mr. James said that the letter is not very merely advising that no assistance may be given unless additional funds are appropriated. Mr. Adams suggested leaving the amount for ye arts appropriation at $12,900. and see if it sible to get the extra. nt of a copy and clear, the town this is pos- It w Town Meet actually Pe ti in Longfe Mr. sewer eit there is area. Th ready unt The Wire Inspe amount fo Lett Buil ding It w are being Mr. in the mi being use that the contracto Grant Str extra pol hires a p truck on Mr. tractor c is an ope was neves Mr. The evening w The quired to replied t ing to ha to the Su mit. He he though Mr. Massachus could be The discretio and expla Mr. Carro • s agreed to discuss the subject further after ng as no aid can be given until the Town has ade an appropriation. ion was received for installation of sewer low and Hawthorne Roads. arroll advised that it is not possible to er road at this time due to the fact that o trunk sewer available which can serve the re is one contemplated but it will not be 1 1961 or 1962. hairman read a letter from Robert K. Jeremiah, ctor, stating that he would prefer to have an car allowance in lieu of using a Town car. ✓ was also received from Donald K. Irwin, nspector, in regard to the same subject. s agreed to discuss the subject when budgets considered. dams reported that pedestrians had to walk dle of the street because of the large crane at the new hotel in the center. He said ime has come to establish a policy whereby s using any part of Massachusetts. Avenue from et to Meriam Street should be required to hire ce. He explained that the telephone company liceman when it is in Waltham with only one he street. arroll said th-t he did not know how the con- uld avoid using the crane and any time there cut in the center, where he felt an officer ary, he asked for one. arroll retired at 8:50 P. M ubject was discussed further later in the en Chief Rycroft met with the Board. hairman asked if the contractor could be re - have a police officer on duty and the Chief at usually his department knows what is go - pen. He explained that the contractors go rintendent of Public Works for a street per - greed that the situation is not good and said he could work it out with Mr. Carroll. dams said that contractors using any part of ttts Avenue from Grant Street to Meriam Street equired to hire police for extra duty. hief said he would like to have it left to his . He said he would see the contractor tomorrow n what he wants done. He said he would take 1 with him. 57 Sewers Inspector's car allow- ance Contractors using Mass. Avenue 576 Resignation Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted toestablish a policy whereby contractors using any part of Massachusetts Avenue from Grant Street to Meriam Street shall be required to contact the Chief of Police who will determine whether or not a police officer is to be assigned for extra duty. Mr. Adams said he would like it understood that the Chief will order a paid detail any time he thinks it necessary. The Chairman read a letter from James J. Carroll, Town Clerk, advising that he had received Mrs. Robert C. Merriam's resignation as a Gammell Legacy Income Trustee. The Chairman read a letter from the Lexington Arts and Crafts Society, Inc., resubmitting the names of Miss Ruth M. Pettengill, Mr. Carl E. Bryant and in - Historic eluding Mr. Philip B. Parsons as candidates from which Districts to appoint a member to the Historic Districts Commission. ommission The Chairman was authorized to advise the Society that the statute specifically states that there shall be one member appointed from two candidates and ask that the names of two candidates be submitted, one of whom may be Mr.. Parsons whose term has expired. The Board gave further consideration to an offer of $2500. received from the Pond Realty Trust for tax title lots 26-31 inclusive on Garfield Street. A pro- posal to sell these lots was advertised in the January , 1959 issue of the Lexington Minute -man. No persons contacted the Selectmen's Office as a result of the ad- vertisement. Upon motion duly made and seconded, it was voted to sell and convey tax title lots 26-31 inclusive on Garfield Street to the Pond Realty Trust, for $2500, the deed to contain a restriction whereby the lots will be combined and that only one building shall be erected on the combined lots, with the further pro- vision that the proposed development is carried out. Upon motion duly made and seconded, it was voted to sign notiom of intention to lay out the following streets: Pax title Baker Avenue Burnham Road Crawford Road Compton Circle Cummings Emerson Road Grandview Avenue Homestead Street Waltham Leighton Avenue Linmoor Terrace Peacock Farm Road Range way Webb Street Welch Road Laurel Street 10' Pedestrian Right of Way from Essex Street Street widening 1 Upon otion duly made and seconded, it was voted to hold a 'selectmen's Meeting on Saturday morning, January 24 1959 at 9:30 A. M. in the Selectmen's Room for the pu pose of discussing budgets. Mrs. with the A Chief' cuss his 1 Budge Item Office Sup The C 1958. Thi' filing, su item is fo violations E•ui.ment orey left the meeting at 9:15 P. M. to meet propriation Committee. John W. Rycroft met with the Board to dis- 59 budgets. s were discussed as follows: Requested Approved lies $1,200.00 $1,200.00 ief reported that he had spent $1,600. in item includes cards, teletype paper, cross plies, etc. He explained that one large envelopes for mailing in regard to meter Re .airs This signs, bro be conside Photograph The C 1958. Mr.Ad purchased The C item but well as a takes the since he f partment t Mr. J from each not. Ther file is se tact. Mr. J the Chief Mr. J had paid h Mrs. The C to do anyt Requested $ 300.00 Approved $ 300.00 tem includes sticks for temporary parking en chair springs, etc. He said it could ed supplies. c Supplies 400.00 $ L00.00 ief reported that he had spent $334..93 in ms asked if additional equipment could be hat might save expenses. ief said he was not too familiar with this has a good camera and a good enlarger as ood place to work. He said the officer who ictures has learned a lot and has improved rst started. He also reported that the de- kes many pictures. mes asked if more than one print was made nd tte Chief replied that usually he does is one fitted into the file and once the up and summoned into Court, it must go in- mes asked if the negative was included and eplied in the negative. mes asked if any of the men in the Department lidays and the Chief replied in the negative. orey returned to the meeting at 9:55 P. M. ief said that he had tentatively agreed not ing this year, but he thought it too much to 77 Police Budget 578 ask a man to go to $4500 and then wait threeears before he receives a raise of $100. He recommended *100 per year for three years. The man will be at the maximum in a six-year period. He said he had not estimated the cost but did not think it would be much. Mr. James estimated it would cost e500 a year. The Chief said that he had mentioned this to the Appropriation Committee and whatever the Board decides will be agreeable to him. Chief Rycroft retired at 10:10 P. M. The Clerk was instructed to make appointments with the Board of Health, Town Clerk, Veterans' Agent and the Fire Commissioners for Saturday morning to discuss budgets. The meeting adjourned at 10:20 P.M. A true record, Attest: f xe 'tive"/Clerk, Sele'/ en. 1 579 SELECTMEN'S MEETING January 24, 1959 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Builctng, on Saturday morning, January 24, 1959 at 9:30 A. M. Messrs. James, Tucker, Adams and Mrs. Morey were pre- sent. The Executive Clerk was also present. Mr. Tucker acted as Chairman. Mr. James J. Carroll, Town Clerk and Treasurer, met with the Board. Budgets were discussed and acted upon as follows: Department Requested Approved Town Clerk & Treasurer $ 613.00 4 613.00 Elections Department 975.00 1.75.00 Sundry items were reduced from $600 to $100. The educational program relative to use of voting machines not to be continued this year. Vital Statistics Parking Meter Maintenance Out of State Travel 30.00 100.00 250.00 30.00 100.00 250.00 Mr. Carroll retired and Mr. Maurice Healy net with the Board. Budgets were discussed and acted upon as follows: Veterans' Day Memorial Day Veterans' Services Veterans' Services Soldiers' Burials 150.00 500.00 Administration335.00 Aid & Exp. 9,000.00 250.00 150.00 500.00 335.00 9,000.00 250.00 (Markers for veterans' graves to be charged to Memorial Day Expenses) Mr. Healy retired and the Board of Fire Commissioners met with the Board. Budgets were discussed and acted 580 upon as follows: Personal Services (The item of $3,350 paid holidays not approved.) $195,569.96 $192,219.96 Mr. Sheldon said that the Fire Commissioners heard rumors that the Police Department had made a request so the Commissioners wanted to make one also. He said they did not know where the rumor originated or if the request was made. The men in the Fire Department also heard the same rumor and made a formal request to the Commissioners. The Chairman asked if the item could be taken out of the budget if there was no such request and Mr. Sheldon replied that the Commissioners would not argue. Mr. Roeder said the Commissioners have to report to the men and the Chairman explained that the Selectmen have not received any such request from the Police Depart- ment. Mr. Sheldon reported that from now on the men will not be called back officially without receiving due com- pensation in time or money. He explained that the Com- missioners still retain the right to declare an emergency and then there is no compensation. Expenses Requested Approved $25,685.00 $26,o85.00 An item of $400. was included for a box at the new Junior High School Building. Ambulance Pensions 500.00 8,311.80 500.00 8,311.80 The item for a new car for the Chief was discussed. The Commissioners had planned to keep the present car as a second car and trade in a 1947 Ford. The Chairman discussed the possibility of the de- partment purchasing a jeep or station wagon, not to be equipped as a piece of fire apparatus. Forest Fires 500.00 500.00 The Fire Commissioners retired and 1"iessrs. McQuillan and Cole met with the Bonrd. Board of Health budgets were discussed and acted upon as follows: Personal Services $8,860.00 $8,595.00 (Executive Health Officer at rate of $6,000. per year and Clerk at rate of $2,700. per year.) 1 Item Expense s The B Upon budgets we Department Selectmen' Printing T Elections Insurance Town Clerk Elections (Sundry $boo to Vital Stat making Met (Town Cl Town Clerk Administra Board of A C ontributo rf (Milita Health Dep (Execut rate o Clerk Health Dep Animal Ins (Items - not app Rabies Cli Veterans' Memorial D Patriot's Registrati Parking Me Police Dog Office Fire Depar (The ite holiday Fire Depar Requested $11,150.00 Approved $11,150.00 and of Health retired at 11:35 P. M. otion duly made and seconded, the following acted upon and approved as follows: Expenses wn Report Jurisdiction Selectmen remiums & Treas. Expenses Town Clerk tems reduced from $100) tics Maintenance k) Treas.Out-of-State on Trust Funds peals- Expenses y Retirement System rr n y Service) rtment Pers. Serv. ve Health Officer at $6,000. per year & rate of $2,700. per tment Expenses ctor acation coverage ved) c Requested Approved $ 3,449.00 2,206.00 4,851.00 46,0oo.o0 613.00 975.0o Dept. Pers.Serv. tt Expenses Maintenance nt Pers. Serv. of $3,350 - paid not approved) nt 30.00 100 .00 250.00 325.0o 1,990.00 38,233.00 58.32 8,860.00 yr.) 11,150.00 1,070.00 $ 3,449.00 2,206.00 4,851.00 46,000.00 613.00 475.00 30.00 100.00 250.00 325.00 1,990.00 38,233.00 58.32 8,595.00 11,150.00 970.00 743.00 743.00 150.00 150.00 5oo.00 500.00 4,5oo.00 4,5oo.00 3,522.00 3,522.99 925.00 925.0o 4,000.00 4,000.00 650.00 650.00 195,569.96 192,219.96 581 i82 Department Fire Department Expenses (Item of $400 included for box at new Jr. High) Ambulance Maintenance Fire Pensions Forest Fires Capital Expenditures Committee Historic Districts Commission Standing School Bldg. Committee Weights & Measures Pers. Serv. (Rate of $1,200.00) Weights &Measures Expenses Cary Memorial Library Pers. Serv. Cary Memorial Library Expenses Public Welfare (Adm.) Public Welfare Aid & Expenses Disability Assistance A. & E. Dependent Children A. & E. Old Age Assistance A. & E. Veterans+ Services (Adm.) n It A. & E . Soldiers+ Burials Expenses Westview Capital Outlay Interest on Debt Maturing Debt Requested Approved $ 25,685.00 $ 26,085.00 500.00 8,311.80 500.00 350.00 700.00 750.00 1,500.00 545.0o 76,W14.04 28,200.00 625.0o 12,500.00 13,760.00 5,000.0o 94,000.00 335.00 9,000.00 250.00 2,000.00 223,704.25 704,000.00 It was agreed to notify all departmen gets approved with the exception of those personal service budgets. The meeting adjourned at 11:35 A. M. A true record, Attest: xec iv Cler Selec 500.00 8,311.80 500.00 350.00 700.00 750.00 1,150.00 545.00 77,044.04 28,200.00 625.00 12,500.00 13,760.00 5,000.00 94,000.00 335.00 9,000.00 250.00 2,000.00 223,704.25 704,000.00 is of the bud - departments with en. 1 A re hid in the Monday, Ja Messrs. Ja The Execut Mr. J for the dr were drawn Street; Ch ing, 14 Sh Mr. C Roger Jellis, Jo Nicholas A proposed 1 for a dist Mr. Si intendant Mr. S with the s been a mys in view of but back i the Selec Commission from Bedfo upper part a town way his plan p Street in time after Reed Stree clarify t have been to relocat back beyon blacktop s out so tha exactly w out Laurel triangular that this SELF TMEN'5 MEETING January 26, 1959 ar meeting of the Board of Selectmen was electmenTs Room, Town Office Building, on ary 26, 1959 at 7:30 P. M. Chairman Maloney, s, Tucker, Adams and Mrs. Morey were present. give Clerk was also present. jnes J. Carroll,Town Clerk, met with the Board, Wing of four jurors. The following individuals for jury duty: Edward J. AT1ews, 18 Watertown ries S. luck, 16 Spring Street; Charles F. Kitch- rburne Road; Charles V. Campbell, 60 Munroe Road. rroll retired at 7:33 P. M. B. Leland, attorney, Mr. and Mrs. Leonard 8. Hossfield, Barton A. Waldo, Mr. & Mrs. .Federici met with the Board to discuss the ging out of Laurel Street from Reed Street rice of 100' ± northeasterly. vens, Town Counsel, and Mr. Carroll, Super - of Public works, were also present. 1 -vens said that all present were familiar called triangle on Reed Street which has sry for a number of years. He stated that, the field work done, there is no question 1870 Mr. Reed who owned the land, after en refused to lay it out, went to the County rsand they did lay it out as a town way 4 Street to a point which brings it to the of the triangle. That was Reed Street as • A few years after that, Mr. Meagher had e pared which showed the triangle and Reed he way most people are familiar with. Some th^t the Town did lay out to Center Street, as it is now called. He said in order to situation once and for all, the Selectmen onsidering, and want to discuss, a proposal alter or lay out Reed Street from a point the end of the triangle down to where the face now is, down to Reed Street, laying it t•anyone could go up on the ground and know re the edges of the street are; and to lay (Street as a town way and bring it down this {piece into Reed Street. Mr. Stevens explained Auld leave the land now occupied by the dirt 5 a Laurel and Reed Street surface and the triangular piece itself, which the Town has acquired for nonpayment of taxes. Taxes were as- sessed to Meagher, the last owner of record, and on nonpayment the tax lien has been foreclosed. That would involve a transfer to the owners of the adjoining properties of those pieces of the triangular parcel situated between their boundaries as extended. Then every owner would own out to the newly locsted Reed Street. The terms on which that would be done have not been discussed,but it would depend on the circum- stances. He said he assumed something would be done to prevent traffic from using it. He explained that in the order relocating Reed Street, it would be stated that any rights of. the .publlc in this other portion of the road would be abandoned and that would be discon- tinued as any kind of a way. He said it may be that the abandonment took place as a matter of law, but nothingis clear on these records and it would seem to everyone's interest to get it cleared up. Mr. Leland said that after discussing this with Mr. Stevens, he met with most of the people one evening last week and went over the discussion Mr. Stevens has given. He said there are some questions he would like resolved. Some of the people thought their line would be a right angle projection from the east side of Reed Street to their property corner rather than a straight line projection. He said this may be worked out. The consideration that would pass from the property owners to the town for this is one of the questions. If there would be any betterment charges on the part of Hossfield and Jellis for the improvement of Laurel Street is another question. Another question is assessment to the owners of the property for having acquired more real estate. He asked if any consideration had been given to the re- location of the Edison poles. Mr. Stevens explained that as far as the assessed valuation concerned, the Board could not speak be- cause that is a matter exclusively within the juris- diction of the Board of Assessors. Mr. Leland said that if these people had some idea what this would mean in "future costs, it would help them make up their minds. Mr. Stevens said it would come down to the question of whether it increased the value of the property. Some have very small areas and some larger. Mr. Leland asked if it would be possible to have some determination from the Assessors. Mr.Stevens replied that they could be asked what they thought about it. The Chairman explained that it could not be done this evening. Mr. Leland said one of the biggest problems is the 1 r acquisitio The C. sent and M The C terested i could safe cost. airman asked if all the . Le land re plied in the irman asked if All the acquiring this and Mr. say yes. Mr. Ho=sfield said it depended on the cost. The CI.airman explained that the Board has not pro- gressed to the point of discussing the price but was interested in finding out whether or not the people are interested in acquiring this. Mr. =band said it is his impression that they are. He said at (least when he spoke to them it was their opinion if it was an acceptable price, they were interested. Mr. Hossfield said there is already a sewer assess- ment and h asked what other assessments would be. Mr. Stevens explained that the sewer assessment is pn now. I is on the lots not on the triangular piece. The sewer =ssessment is there anyway and would not be disturbed, and that would not represent any cost aris- ing out of the acquisition. Mr. Hossfield asked, if there is going to be an expense -to the town, how much the abutters would have to absorb. Mr. Carroll replied that Laurel Street would only be built across the triangle, and no assessment was being figuOd. The Chairman asked about accepting all of Laurel Street and Mr. Carroll replied that it could be done. Mr. S Ovens explained that would be based on the pattern of assessing betterments. Mr. Carroll said that if the entire street is built, sewer woul• have to be installed. He explained that the sewer in Reed Street is deep enough to go into Laurel Street. said it would go across the old portion of Reed Street for which there would be no assessment. He also explained that the poles could be relocated. Mr. :1 lis said that it is a high-tension line to the pumpin_ station. Mr. a =s explained that there is no problem in- sofar as t poles are concerned. Mr. L=land said it was his understanding that there is no abut ing of these people on Reed Street. He asked if there is an obligation to the sewerage betterments be- cause of t eir not being on Reed Street. Mr.St=vens explained that he has advised the Board that the a thority to levy the assessment is not based on the fro tage of the street but on the fact whether or not the property can be sewered through the lateral abutters were pre - affirmative. abutters were in - Leland replied he 586 9 Hancock Street that has been put in. He said the town has acquired this triangular piece of land And there is no question but that the property can be sewered. In his opinion the sewer betterment is legal. He said if no better- ment had been put on and any one of the abutters had trouble and wanted to connect to the sewer, they would have to pay a connection charge in lieu of betterments which would mean paying for it to one lump sum. They would not be as well off as on the betterment assess- ment which can be paid over a period of twenty years. Mr. Leland asked if there would be any problems if the park was turned into a park. Mr. Stevens said there would be no problems as long as the town owns the land because a line can be put through town property. Mr. Leland asked what other expense or interest the town has in holding the property. The Chairman aaid that the Board has not discus- sed the value but it does, he thought, feel it should get the expense it has cost the town to handle this problem. Mr. Stevens said the subject would be reviewed, the cost determined and the information ready for the hearing on February 5th. The group retired at 8:10 P. M. The Chairman asked what the cost should be and Mr. Stevens said he would ask Mr. Carroll, Town Clerk, what he has on his books for this property. The Chairman read a letter from the Lexington Historical Society referring to two ancient buildings near the railroad track on the Buckman Tavern grounds. The Society urged the Board to have the buildings re- stored and a committee, from the Society, would, with the Board's permission, survey them to see if they might be. used in an historical capacity. Robert Naka, Frederick B. James, Frederic K. John- son, Robert M. Soule and Mildred Ayers, of the Lexing- ton Chapter American Red Cross met with the Board. Mr. James acted as spokesman for the group. He said that the Red Cross, at the present time, is located in the Savings Bank building where they have one room, and which is very inadequate. It is necessary to hold all meetings at other locations and everything but clerical work is done outside the office. He said the Red Cross would like to propose that the Town of Lexington lease to it the building at 9 Hancock Street for the sum of $1.00 a year. The organization wourl as- sume all responsibility of upkeep, insurance and other 1 cost and i would be of no expense to the town. The organizatio would like to make a few alterations in the buildi They would want the back entryway for group meati gs and this could be done by heating it, removing t•o closets and laying a floor. They would install an oil burner, paint and paper where neces- sary. The C airman said the Board understood the Red Cross was terested in the building and explained that others are interested. He said he thought the Board woullike to discuss the subject and try to arrive at some decision but it would not be too hasty in decidi g. He explained that at first the Board did not think there was too much value. From reports, the buildi'g was in a very bad condition. He said the oil b er belonged to Mr. Garrity and the Board did not think the building had much value and there- fore deal ed not to do much with it. Mr.derick James said that the Red Cross would furnish the oil burner, and do any other work that need- ed eed- ed to be . ohne. The Chairman said if the building is going to be used, it wo ld be put back into condition properly and not so = place to be used as any old port in a tom. He said the Board figured it would cost several thousands Of dollars and understood the timbers were badly eater by termites. He said there are three sepa- rate roofs. Several years ago, one of the roofs was leaking a d a builder advised the Board to just put on shingles unless it was prepared to spend a lot of money. The Chairman reported that the Lexington Histori- cal Societhas expressed an interest in the building and expla ed that it would not be torn down but would be entirely up to the Town to decide. Mr. dams said thatuse by the Red Cross could not be long term. The Chairman asked ifthe Red Cross had to be lo- cated om t1Oe maim street or in' -the center. Mr. rederick James replied that, in checking with other tow s, they are not all on a main street, but it is necessary to be on a bus line. The Chairman inquired about the present rent and Mr. James replied that the organization is paying $30 a month b t including all the space, not in the bank building, it would amount to $50. Mrs. Morey asked what the organization would do about renif funds were short. She said a discussion with the 'istrict Nurse might give them an idea what it would ost to maintain a building. 684 53b 'Tax title lots The Chairman asked what it would cost to put the building into what the Red Cross would consider usable condition. Mr. Soule said they looked all over it but did not look at the roof as a problem. He said the sills and what they could see of the underpinnings seem sound. He said unless there is a problem on the roof, he didn't see any maintenance problem. He said the furnace is there and it is a matter of putting a gun into it. He said it is a matter of putting an oil gun into the furnace, tearing out the closets and putting in a floor. They thought, with people involved doing the work, it would cost *200. The Chairman said the Board would discuss the sub- ject, arrive at an answer and let the Red Cross know of its decision. The group retired at 8:33 P. M. The Chairman said he thought the Lexington Histori- cal Society should look the building over at its earli- est convenience. Mr. Tucker suggested that Mr. Naka be advised that in view of developments, no article will be inserted in the warrant for the Annual Town Meeting in March. Messrs. Leeland McConchie and Murray Dearborn met with the Board. Mr. Dearborn said that they are interested in lots on Freemont Street about which they have written to the Board. He presented a plan and explained why they wish to acquire the property. He said they would tie in with Mr. McConchie's development and he would like to build on them. Mr. Adams asked if they were contemplating pur- ehasing any other lots in the area and Mr. Dearborn replied they would like to. The Chairman said that the Board has had some dis- cussion concerning these lots several times and decided it would be in the best interest of the Town not to dispose of them. Mr. Dearborn said he knew the Planning Board is working on plans for the Town and Town owned land. Mr. McConchie is interested in this, a little differ- ent situation, because he is trying to protect his interests. The Chairman said that tax title land is. becoming more valuable and the Board questions if it is good judgment to sell it. He said there has been some dis- cussion concerning these lots and another piece of pro- perty, and the Board would have to go back over it to determine the reason these lots are not being sold. Mr. Dearborn said if the Board is going to sell these lots, Mr. McConchie would like to acquire them. 1 The C' action has Messr P. M. Mr. S tive to th cars, hurt It was agr fers to le it is now. Le t to Manager in H-1208. T and remove forming us bill compl ity of the irman said the Board would review what been taken in the past. . McConchie and Dearborn retired at 8:50 evens referred to Dr. Benton's letter rela- care of stray or unidentified dogs, hit by Dogs in fights, shot at or otherwise injured. ed to advise Dr. Benton that the Board pre- ve the situation on the same informal basis as was received from Alfred Calabrese, Town Burlington, with copies of bill H-1114.1 and first bill is to make those excavations of earth products now considered non -con- s subject to local regulations. The second tes the process by extending the applicabil- zoning ordinances to nonconforming uses. Mr. Stevens said he would look into both bills. Mr. Carroll referred to the Itek sewer and reported that he spoke to Mr. Aldrich last week. He and Mr. Howard we t to see him in an effort to determine where the trunk sewer is to be located. He reported that during the conversation he found out for the first time, to his kno ledge, that Itek plans to be in and opera ing Decemb-r of this year. He said no provision was made in th; budget before he took over the department. There was an item for the Sickle Brook sewer from Watertown Street over to the Minute -Man Highlands. He said it wo ld not be possible to build that sewer this year because therejust isn't time available. He said he i strutted Whitman & Howard to prepare plans so that t sewer at the East Lexington depot up to Watertown Street will be advertised, and will start in March. He €_explained that he has advised the Planning Board who has not yet come up with any plan on the lo- cation of'I.ierson Road and it is important to begin on that sewer. He said he recommends just requesting an ap- propriati•n for engineering on this. He said if it is certain t at Itek is going to be ready this year, the Board mig t consider this for the budget. The Chairman explained that the Board is aware of 589 Sewers what Itek De par tme n Mr. the Town The funds for intends to doand felt that the Public Works was aware of what the Board intended to do. arras said that the engineering was done so ould be ready to move as soon as Itek was ready. oard felt that it would be unwise to request an extension frmm Watertown Street to the 590 Minute -Man Highlands area this year, and agreed to request an appropriation for engineering. Mr. Carroll reported that he had received re- commendations for lighting the area from Harrington Road up to the Atlantic and Pacific. He asked what the Board would like to do insofar as his budget is Street concerned. lights Mrs. Morey explained that this was a result of accidents at Harrington Road and said that the Board was going to have sample white lights at Depot Square. Mr. Carroll asked if there was going to be any large expenditure for lighting the center. Mr. James said it would be his opinion that no action should be taken at the Annual Meeting in March. Mr. Carroll reported that the department is having difficulty with the skating areas at the Center Play- ground, Kinneen's Pond and the High School. He said that the area at the highschool is practically a sieve. There is a pipe coming in from Vine Brook which fills this area and is conisolled by a gate. If the valve is turned off, water goes out from underneath the ice, and someone could be badly hurt. If the gate is kept open, the water does not freeze. He said Mr. Samborski has seen him about it. Mr. Carroll felt that the only solution is to build an earth dike and the peat should be removed. He informed the Board that numerous complaints are being received. The Shhool Department also complains because Skating there is no place for the hockey team to practice. He areas said he is having the same difficulty at Kinneen's. The department has to keep flooding the pond and people are domplaining. He said the department is spending con- siderable time on these areas and there has been some agitation for flood lights at the High Schook, which, in his opinion, will increase the problem. Mrs. Morey pointed out that the skating area in the rear of the High School is aschool project. It was not planned by the Board or approved by the Board. Mr. Adams aaid that a basic plan for skating rinks should be made this year. He also said the subject should be taken up with the Recreation Committee. Mr. Carroll reported that the Town of Winchester has already awarded the contract for the extension of Winchester Drive to the Lexington Line. He said there is an item of $2500. in Chapter 90 which has been car - Chapter 90 ried over and if the Board intends to complete this street, an additional $2500. shouId.:be appropriated, as the project will cost approximately $5,000. Mr. Adams said he would be in favor of requesting the additional funds. 1 Mr. Ja pared, and. in his budg The C asking that space, and partition Inspectors, It was Board does cutting a d have Mr. Lu es said he thought the town should be pre - Carroll agreed to provide for this item t. irman read a letter from the Board of Health provision be made for additional office uggesting that a door be made through the tween the Board of Health Office and the Office. agreed to advise Mr. McQuillan that the ot look favorably upon the suggestion of or through the partition and ask him to vey confer with Mr. Irwin in an effort to arrive at some equitable agreement which could be sub- mitted to the Board for consideration. The C airman read a letter from Earl W. Smith advising that a complete restoration and modernization of the Stei way Grand in Cary Hall would cost between $700 and $800. To provide new hammers and action re- pairs, leaving the case as it is, would cost $160. Mr. Ja .s suggs•sted that the essential repairs be made and the exterior refinished. He said that it might be well to ask Mr. Smith how much work can be done for $ 00. Mr. Adams said that there are some good musicians in town an• suggested that Mr. Carroll contact them for advice. Upon otion of Mr. James, seconded by Mr. it was voted to sign an Order of Taking, sewer ease- ment throu;h land of Robert Innis, Inc., located off Roosevelt oad. Mr. C=rroll retired at 9:55 P. M. Lette was received from the Standing School Build- ing Commit ee relative to installation of fire alarm equipment at the William Diamond Junior High School. The C ommitwee has been advised by the Board of Fire Commissioners that the cost of the connection to the town syste will be $boo. The Selectmen discussed the subject with the Fire Commissioners and it was agreed that the Fire Depart- ment would run fire alarm wires from Adams Street to the edge o the school property on Sedge Road; the $400 expenditure involved to be paid from the Fire Department Expenses awcount. Mr. A:ams said he would like to take out the $400 Tucker, 91 Board of Health Steinway Grand - Cary Hall Fire Alarm system new Jr. High 592 item added to the Fire Department budget last Saturday unless the boxes already planned for are more important than this one, and Mr. James asked who was to be the judge. Upon motion duly made and seconded, it was voted to rescind the vote of the Board on Saturday morning, January 24, 1959, increasing the amount of extension of fire alarm from $4,000 to *4,400. It was further voted that the other installation expenses were to be paid from the Committee's budget. Notice was received from the County Commissioners advising that the amount which the Town of Lexington is County to pay for maintenance, operation and ;repair to the assessment Middlesex County Sanatorium fc5r the year 1958 is $23,314.67. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation on behalf of Kingston L. Howard, David M. Roblin, William H. Enders, Alfred S.Marotta, Marlin Whitney, John Douglass, George A. Kolovson and Richard Michelson, satisfactory character references having been received from the Chief of Police. Letter was received from the American Legion, Stanley Hill Post, submitting the names of Harold F. Rycroft and Cornelius P. Cronin as possible appoint- ments to the Town Celebrations L'ommittee. Appointment Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to appoint Mr. Cornelius P. Cronin to the Town Celebrations Committee to fill the unexpired term ending April 30, 1961, caused by the resignation of Murray Dearborn. The Chairman read a letter fromJoseph 0. Rooney submitting his resignation as a member of the Town Celebrations Committee. Resignation The Chairman was authorized to write to the Veterans of Foreign Wars requesting that two or three names be submitted from which the Board can make an appointment to fill the vacancy caused by Mr. Rooney's resignation. The Chairman read a letter from Mrs. Clare A. Burke submitting her resignation as a member of the Dental Clinic. The Chairman was authorized to write Mr. Paul F. Resignation Peehler, Jr., Interim Superintendent of Schools, ask- ing him to advise the Board whether or not he had someone in mind who he felt would make a suitable re- placement. 1 The Ci.airman read a letter from the American Legion, St:nley Hill Post, requesting permibsion to solicit fut ds for the National Polio Foundation Blue Crutch Pro ram on Thursday and Friday, January 29th and 30th. Upon otion duly made and seconded, it was voted to grant t e request. Upon otion duly made and seconded, it was voted to grant a Auctioneerts License to James J. Green, 8 License Fiske Roa., satisfactory character reference having been rete ed from the Chief of Police. Furt :r consideration was given to application for a Retail P ckage Goods Store license received from Richard J. McArdle, for the sale of all alcoholic beverages of to be drunk on the premises located at 62 Massachusetts Avenue. Upon otion duly made and seconded, it was unani- Liquor mously vo .d to reject the application as, in the op- License inion of he Selectmen, the present four retail package stores are adequate in number and location to meet the reasonable demands of the public for places at which it may obtain alcoholic beverages. Upon otion duly made and seconded, it was voted to authorize the Chairman to sign a requisition to the Requisition Division of Civil Service for replacement of Officer William Meadows who resigned. The _eting adjourned at 10:40 P. M. A tru record, Attest: Polio Drive 594 SELECTMEN'S MEETING January 31, 1959 A special meeting of the Board of Selectmen was held in theSelectmen's Room, Town Office Building, on Saturday morning, January 31, 1959, at 9:30 A. M. Chairman Maloney, Messrs. James, Tucker, and Mrs. Morey were present. Mr. John J. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The meeting was held for the purpose of discussing 1959 budgets of the Public Works Department, and the first one to be considered was Personal Services of the Superintendentls Office. Mr. Carroll said that he did not want to employ an Assistant Superintendent until next January first. He said he had to have someone whom he could depend upon to do the engineering work. He reported that Mr. Higgins is a graduate engineer and has a definite personality problem and therefore may people do not understand him. He said he has had a long talk with Mr. Higgins and told him what is needed and what is expected of him. He told Mr. Higgins that he would have to sell himself before he will be recommended for anything,... Mr. Carroll said he would rather wait and have Mr. Higgins prove he can or can or can't do the work before employing another man. He reported that Mr. Higgins has been doing a terrific job during the last few months. He has informed the Engineering Department that Mr. Higgins is in charge. Mr. James asked if Mr. Higgins had trouble with people and Mr. Carroll replied that he does not aggravate people.. He said he is only twenty-three and needs a little time. Mr. James suggested discussing more help for the Engineering Department rather than an Assistant. He asked if there were enough funds allowed to employ a good engine- er if one can be found and Mr. Carroll replied in the negative. Mr. James said that is what he is concerned about, because he felt a good engineer was needed. He said the department was short last year and the year before. The Chairman said if Mr. Carroll can do the work with the personnel he has, he should do it and he did not think he should be told to employ a couple of men. Mr. James said employing Whitman & Howard is costing the town money. Mr. Carroll agreed and said that there is a tre- mendous number of hidden costs. He said it should be realized that the town has a consultant engineering company that has many graduate engineers at the town's disposal. He said if the town hires two or three young 1 595, graduates, who might be willing to come in for the money av=ilable and there is special engineering to be done, it will have to be paid for. Mr. James pointed out that Whitman & Howard re- ceives a fee plus a markup. Mr. Tucker said he thought there should be funds included in the budget for an Assistant Superintendent. If, for some reason, Mr. Higgins is not here, and some- one eomes along, the money should be available. Mr. 'Carroll said the money could be carried, but he does ot.anticipate using it. Mr. Tucker said if a year from now Mr. Carroll de- cides to put another man on, he will be increasing his Mr. amount i man was The in the b the more Mr. man to t Mr. be old e Mr. was beca Higgins assistan said he Higgins. Carroll said he did not want to include an his budget and then have someone ask why a of hired. hairman suggested that the money be carried dget and if it is possible to hire someone, will be available. James asked if Mr. Higgins was going to be the ke over if Mr. Carroll left in two or three years. Carroll replied that he did not think he would ough in three years. arroll said the reason he started with the Town se he saw who was ahead of him. He knows Mr. s the ability. He said he definitely wants an but he would like to wait another year. He as not saying that the assistant would be Mr. Mr. Carroll said he definitely needs another girl in the office. All the girls are busy but the work is get- ting be h nd. The Chairman asked if he had someone assigned to do the bill ng on water and sewer services. Mr. Carroll replied that it can't be done every day. Miss Wih.ol does all the billing and handles the payrolls. Miss Co e handles water and sewer services and the break- downs on each account. Mr. Jefferson takes the payroll and breais it down each day besides other things and he should s.end more time on purchasing. He said Mr. Jeffer- son is u able to supervise because he has so much work. Miss Ric•ards handles the water billing and a part-time girl is ow helping post the accounts. Mrs. Donnellan is his secretary and she bills whenever there is water and sewer co struction. He said she is busy all the time, and he would like an extra girl to reduce the load on everyone. Mr. Tucker said he would go along with the request with a reservation. He said Mr. Carroll could try and 596 hire a girl now, but before hiring a second girl, he should come to the Board and justify hiring another girl. Mr. Carroll said he would keep the part-time girl and wait until the Fall to see if she works out on a full-time basis. The Chairman said that the Board has agreed on merit increases and asked if Mr. Jefferson was entitled to an increase. Mr. Carroll replied in the affirmative. Mr. James asked if Mr. Carroll had anyone in the Engineering Department entitled to merit increases, and Mr. Carroll replied in the affirmative. He recommended merit increases for Higgins, Coscia and Lichtenberg. Mr. Carroll said that Mr. C oscia has worked for the Town ten years, taken an International Correspondence Course and has a tremendous responsibility working with contractors. He said at the present time, he is not too much help in the office or on calculations being limited due to lack of education. He is keeping up with his studies and will eventually be a help in the office. He said for the amount of work he does, and because of his sense of responsibility, he is entitled to an increase. Mr. Carroll reported that Mr. Lichtenberg does not want too much responsibility but he is one of the best draftsmen around, and does all drafting for Miller & Nylander. Mr. Carroll, referring to the personal services budget for the Town Offices and Cary Memorial Building, said he would like to have the salaries brought up to what he considers a living wage. He said he was not talking about merit or ability. The only one he would recommend on merit is Mr. Dailey and he would like an increase for him. He said the salaries these men now receive is approximately $1.30 an hour. Upon motions duly made and seconded, it was voted to approve budgets as follows: Department Requested Approved Suptt. Public Works Personal Services $30,108.25 Mr. Jefferson $20 per month increase One additional Clerk, a second clerk to be dis- cussed with Board before employment. Budget to be revised, increases requested not approved. Expenses 1,769.60 1,769.60 1 Department Engineeri Higg C osc berg Youn Carr Budge Expense s Town Offi Roche Bush: Daile Requested Approved Pers. Serv. $28,767.00 ns $400 month, 0!C on:nor $355, a from $340 to $360, Lichten- from $340 to $360, Jones $320, $300. Engineer to replace Mr. 11 $5,000. t to be revised. Expenses Shim New Re pa Public Wo Labo Highway M Street Co Adde Street Co (No Worthen R Sidewalk ($6, 19 Curb Cons Chapter 9 Chapter 9 (Included Road Mach Road Mach Traffic R Street Li (No final Street Si Sewer Mai Trunk Sew Engineeri es & Cary P. S. tte $340 to $360 rd 280 to 290 y 280 to 300 bery, $1,000 not belts increased r Steinway Grand ks Building, W.& item reduced to 1,470.00 12,700.00 month it i1 1,470.00 30,927.00 31,127.00 approved, to $800 Piano, $800. E. 29,600.00 28,300.00 $22,000. intenance 76,150.00 struction(Eettement8) 49,890.00 $1,000 for Baker Ave. struction 375,500.00 tterments) ad $340,000 not approved onstruction 19, 00 left over from 157 00 left over from '58 arroll says can't get wo ruction 5, Maintenance 4, Construction 36, $2,000 Winchester Dr.) nery 32, nery-Capital Outlay 13, g. & Control 5, hts 49, survey received.) ne tenance r g Services 850.00 rk done) 000.00 500.00 000.00 350.00 825.00 887.00 117.63 1,000.00 14,490.00 300,000.00 15,000.00 76,150.00 50,890.00 35,500.00 15,000.00 - 5,000.00 4,5oo.o0 38,000.00 32,350.00 13,825.00 5,887.00 50,000.00 1,000.00 14,490.00 300,000.00 15,000.00 597 59B Department Sewer Services Garbage Collection Ashes & Dumps Mosquito Control Drain Construction (Item for Noi Lex. Brook $15,000.00 not approved) Water Maintenance W. & E. Water Services W. & E. Requested 21,22 ,5.75 18,800.00 7,000.00 73,400.00 73,498.75 40,125.00 Approved 42,500.00 21,225.75 18,800.00 7,000.00 58, 400.00 73,498.75 40,125.00 Discussion on Public Works budgets will be resumed on Monday evening, February 2, 1959 at 7:00 P. M. T he meeting adjourned at 12:45 P. M. A true record, Attest: 1 SELECTMEN'S MEETING February 2, 1959 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 2, 1959, at 7:00 P. M. Chairman Maloney, Messrs James, Tucker, Adams and Mrs. Morey were present. Mr. John J. Carroll, Superintendent of Public works, and the Exectave Clerk were also present. The sewer construction budget was considered and proposed installation of a sewer to service the Holton Road area was discussed. Mr. James suggested that Mr. Carroll obtain a statement from the Board of Health relative to the area. The Chairman said if the sewer is not to be in- stalled, the people should be advised, and Mr. Carroll was instructed to write a letter advising that due to the small percentage of signatures, the Board is con- sidering taking the item for sewer in Holton Road out of the budget. If mo e neighbors are willing to sign, the Board will discuss the subject further. It was also unanimously agreed to take out the item of $3,600 for Eustis Street. The water construction budget was considered and Mr. Carroll reported on the item of $90,000 for the Route 2 and 128 sewer from Spring Street to Lincoln Street. Mr. Carroll reported that he had discussed this project with Raytheon. He said if they put a 12" main through their property, the Town might consider paying the difference between the 8" and the 12", and they thought it was a good suggestion. He said he roughly estimated the cost to the Town of $40,000 and Raytheon would spend $50,000 to put the sewer main through their property. It was agreed to request an appropriation of $40,000 but not to start the project until Raytheon starts. Mr. Stevens arrived at the meeting at 7:35 P. M. Mr. Carroll reported that there is a balance of about $13,000 left in the Chapter 718 funds and sug- gested using it for the work on North Hancock Street. He agreed to find out whether or not this money can be used. Sewer budget Upon motion duly made and seconded, it was voted to sign petition to the County Commissioners for Petition authority to lay out a footway between Valley Road and re Footway Essex Street over the location and tracks of the Boston and Maine Railroad, Lexington Branch, at grade therewith. Mr. Stevens retired at 9:00 P. M., and the Capital Expenditures Committee met with the Board. An informal discussion was held relative to pro- jects to be listed in the Committee's report and the group retired at 10:10 P. M. Petition was received from the Boston Edison Com- pany and the New England Telephone & Tele graph Company for approval of a pole location on Wilson Road. The Pole proposed location was approved by Mr. Carroll. location Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location. Wilson Road, easterly side of Roosevelt Road, -- One pole. One existing j/o pole to be removed. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegraph Company for approval of pole locations on Roosevelt Road. The proposed locations were approved by Mr. Carroll. Pole .Upon motion of Mr. Adams, seconded by Mr. Tucker, locations it was voted to grant the petition and sign the order for the following j/o pole locations: Roosevelt Road, northerly side, approximately 95' west of Wilson Road, -- One pole. One existing j/o pole to be removed. Roosevelt Road, northerly side easterly from a point approximately 110' east of Wilson Road, -- Three poles. Three existing j/o poles to be removed. Letter was received from the State Department of Public Works listing the tentative 1959 Chapter 90 al- lotments as follows: Project Concord Avenue Maintenance State $17,000 1,500 Town $8,5oo 1,500 County $8,500 1,500 Letter was received from the Visiting Nurse As- sociation inviting the Board to appoint a representa- tive to the Board of Directors of the Association. It was agreed to defer action until after the Annual Election in March. The Chairman read a letter from the Lexington Arts and Crafts Society, Inc., submitting the names of Carl E. Bryant and Philip B. Parsons as nominees for appointment to the Historic Districts Commission. Upon motion of Mrs. Morey, seconded by Mr. James, it was voted to re -appoint Mr. Philip B. Parsons a member of the Historic Districts Commission for a term expiring January 1, 1964. The Chairman read a letter from Mrs. Robert C. Merriam resigning as an Associate Member of the Historic Districts Commission, effective May 1, 1959. Mrs. Merriam and her husband are moving to Maine the end of March for at least six months of the year. Upon motion duly made and seconded, it was voted to accept Mrs. Merriam's resignation. The Chairman read a letter from Paul F. Poehler, Jr., Interim Superintendent of Schools, advising that he has no one in mind to suggest as a replacement on the Dental Clinic to fill the vacancy caused by Mrs. Clare Burke's resignation. Mrs. Morey agreed to discuss the subject with Mrs. Burke. The Chairman read a letter from Commander David F. Toomey, V.F.W., submitting the name of William F. Bongiorno for appointment to the Town Celebrations Committee. Upon motion duly made and seconded, it was voted to appoint William F. Bongiorno, 197 Waltham Street, a member of the Town Celebrations Committee for an un- expired term ending March 31, 1961. Mr. Bongiorno re- places Mr. Joseph 0. Rooney who resigned. Mr. Toomey questioned the charge of $35 for the use of Cary Hall by the V.F.W. on May 23, 1959. In view of the fact that the Post will be ob- serving its 25th Anniversary, it was voted not to charge for this particular occasion; the Post to be advised this does not establish a precedent for future Uses. The Chairman read a letter from Mr. Carroll, Town Treasurer, stating that the Insurance Division cover- ing Town employees, has advised that the Town's share V N A Historic Districts Commission appointment Resignation Dental Clinic Appointment in making payments will be as follows: Monthly, $677:35; Insurance Quarterly $2,026.42 and Semi-annually, $4,037.61. payments Upon motion of Mr. James, seconded by Mr. Adams, it was voted to make the payments on a semi-annual basis. At 5:00 P. M., sealed bids for a 1959 Cadillac ambu- lance were opened and read by the Chairman as follows: Miller -Meteor Sales of N. E. 1959 M -M Cadillac Ambulance, 42" headroom Less Federal Taxes, Delivered $11,539.00 Less allowance for 1951 ambulance 3,000.00 Net 8,539.00 Delivery within 45-60 da'gs from date of order. Superior Funeral Coach Sales, Inc. 1959 Superior Cadillac 42 Inch Headroom Ambulance Less E.O.H. 625.00 Less allowance on 1951 Cadillac ambu- lance 3100.00 Net cash balance delivered in Lexington 12,122.00 3,725.00 ,397.00 Alternate bid 1959 Superior Cadillac 48 Inch Headroom Ambulance 12,572.00 Less E.O.H. 650.00 Less allowance on 1951 Cadillac ambulance 3200.00 3,850.00 8,722.00 Delivery 60 days after receipt of order The I. W. Douglas Co. S & S Model 591043 ambulance, intregal type construction with Cadillac commercial chassis, standard equip- ment $11,643.00 Freight, preparation and delivery 225.00 11,868.00 Less Federal Taxes 700.00 $11,168.00 n cc 1 The I. W. Douglas Co. (cont'd.) Brought forward Leese -Neville H.D. Alternator, 2 belt drive Installation extra rheostat control to heater Choice of turret type rooflights front and rear roof or Swept -Wing Stream- lined lights Federal Beacon Ray roof light Outside rear view mirror, right side Federal C 6B siren, roof mounted Ferno All -Level cot, foam mattress E.O.S. Custom design medicine cabinet, Formica finish, with spare tire under floor, oxygen wells etc. Muffle coat chassis fenders and gas tank Two spotlights Extra curtain rear door Delivered price including above equipment Allowance and municipal discount 1951 ambulance Net Price $11,168.00 325.00 25.00 249.00 85.50 6.25 211.00 60.00 185.00 26.00 56.00 28.00 $12,424.75 3,750.00 $ 8,674.75 The Board considered the difference in the price and the funds appropriated and unanimously agreed to request an additional appropriation at the Annual Town Meeting in March. Upon motion duly made and seconded, it was unani- mously voted to accept the bid submitted by The I. W. Douglas Co. at a net cost of $8,674.75, subject to ob- taining an additional appropriation at the Annual Town Meeting in Parch. The meeting adjourned at 10:45 P. M. A true record, Attest: Executive Jerk, Sala ctm SELECTMEN'S _:MEETING:. February 5, 1959 A special meeting of the Board of Selectmen was held in Estabrook Hall, Cary Memorial Building, on Thursday, February 5, 1959 at 8:00 P. M. Chairman Maloney, Messrs. Tucker, James and Mrs. Morey were present. Mr. Carroll, Superintendent of Public Works, Mr. Higgins of the Engineering Department, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Meeting was held for the purpose of making and es- tablishing extensions and layouts of streets to be pre- sented to the Annual Town Meeting in March for accept- ance by the Town. Notices of the intention of the Board to pass an Order for the extensions and layouts 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, introduced Mr. John Carroll, Superintendent of Public Works and Town Engineer and Mr. Robert Higgins. He explained that the hearing was 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 Town, 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 construction and no betterments are assessed. The other type which are private streets when accepted by the Town are constructed to Town specifi- cations and upon which betterments are charged. The first hearing was on Burnham Road from East Street to Emerson Road a distance of 832' t northerly. The Chairman asked if there was anyone present who opposed acceptance of Burnham Road. No one spoke in favor or in opposition. The hearing on Burnham Road was closed and the Chairman said the Board would take it under advisement. The next hearing was on Compton Circle from Peacock Farm Road a distance of 325' ± northwesterly. The Chairman asked if there was anyone present who opposed. N o one spoke in favor or in opposition. The hearing 1 on Compton Circle was closed and the Chairman said the Board would take it under advisement. The next hearing was on Crawford Road from Preston Road to Linmoor Terrace 453' ± southerly. The Chairman asked if there was anyone present who opposed. No one spoke in favor or in opposition. The hear- ing on Crawford Road was closed and the Chairman said the Board would take it under advisement. The next hearing was on Emerson Road from Adams Street a distance of 789' ± southeasterly. The Chairman asked if there was anyone present in favor orcpposed. No one spoke in favor or in opposition. The hearing on Emerson Road was closed and the Chairman said the Board would take it under advisement. The next hearing was on Grandview Avenue fom School Street to Welch Road a distance of 250' - easterly. The Chairman asked if there was: anyone present in favor or in opposition. Two people raised their hands in favor, and no one indicated opposition. The hearing on Grandview Avenue was closed, and the Qhairman said the Board would take it under ad- visement. The next hearing was on Linmoor Terrace from North Hancock Street to Crawford Road a distance of 1148' northerly and northwesterly. The Chairman asked if there was anyone present in favor or in opposition. No one spoke in favor or in opposition. The hearing tan Linmoor Terrace was closed and the Chairman said the Board would take it under advisement. The next hearing was on Peacock Farm Road from Watertawn Street to Baker Avenue a distance of 3186' ± northerly and easterly. The Chairman asked if there was anyone present in favor or in opposition. Two people raised their hands in favor and no one indicated opposition. The hearing on Peacock Farm Road was closed and the Chairman said the Board would take it under advise- ment. The next hearing was on Welch Road from Grandview Avenue to Estabrook Road a distance of 740' - easterly. The Chairman asked if there was anyone present in favor or in apposition. No one spoke in favor ar in opposition. The hear- ing on Welch Road was closed and the Chairman said the Board would take it under advisement. - The next hearing was on the alteration and relo- cation of a portio of Waltham Street from a point ap- proximately 1400' - northerly of Marrett Road and ex- tending northerly 850' ±. The Chairman asked if there was anyone present in favor or in opposition. No one spoke in favor or in opposition. The hearing on the alteration and relocation of Waltham Street was closed and the Chairman said the Board would take it under advisement. The next hearing was on Baker Avenue from Butler Avenue to Peacock Farm Road a distance of 123' ± south- westerly. The Chairman asked if there was anyone present in favor or in opposition. Four people raised their hands in opposition and one person raised his hand in favor. A petition was presented with twenty-eight signatures opposing the proposed layout and acceptance of Baker Avenue. The hearing on Baker Avenue was closed, and the Chairman said the Board would take it under advisement. The next hearing was on Cummings Avenue from Bow Street to Cliffe Avenue a distance of 300' ± norwesterly. The Chairman asked if there was anyone present in favor or in opposition. No one spoke in favor or in opposition. The hearing on Cummings Avenue was closed and the Chairman said the Board would take it under advisement. The next hearing was on Homestead Street from Cedar Street to Asbury Street a distance of 1082' - southwesterly. The Chairman asked if there was anyone present in favor and eight people raised their hands. He asked if anyone present opposed and seven people raised their hands. The hearing on Homestead Street was closed and the Chairman said the Board would take it under advise- ment. The next hearing was on Leighton Avenue from Bow Street to Cliffe Avenue a distance of 255' = northwesterly. The Chairman asked if there was anyone present in favor or in opposition. Two people raised their hands in opposition and three people raised their hands in favor. The hearing on Leighton Avenue was closed and the Chairman said the Board would take it under advisement. The next hearing was on RangewaT from Skyview Road to Winter Streit a distance of 245' - northwesterly. The Chairman asked if there was anyone present in favor or in opposition. No one spoke in opposition. One individual inquired about the number of feet of his property involved and the Chairman said that the Superintendent of Public Works would explain it to him after the hearing. Two: people raised their hands in favor. The hearing on Rangeway was closed and the Chair- man said the Board would take it under advisement. The next hearing was on Webb Street from Dunham Street a distance of 975'_+_ northerly. The Chairman asked if there was anyone present in favor or in opposition. Eight people raised their hands in favor and two people raised their hands in opposition. The hearing on Webb Street was closed and the Chairman said the Board would take it under advisement. The next hearing was on establishing as a town footway a strip of land from Essex Street northeasterly through Lot M and Boston & Mainq Railroad property to Valley Road a distance of 230' -. The Chairman asked if there was, anyone present in favor or in opposition and sixteen people raised their hands in favor. One individual who said he represented the Boston & Maine Railroad stated that he was not too well informed as to what is planned and he would like to look at the plans after the meeting. The Chairman said that the Superintendent of Public Works would be glad to discuss it. One individual said he was the owner of the property and did not like the wording of the notice. He said he would remain after the meeting and discuss it with the Superintendent of Public Works. The hearing was closed. The next hearing was pn Laurel Street from Beed Street a distance of 100' - northeasterly. The Chairman asked if there was anyone present in favor or in opposition and ten people raised their hands in favor. No one expressed opposition. The hearing on Laurel Street was closed and the Chairman 10 said the Board would take it under advisement. The Chairman explained that anyone present who wished to lbok at the plans could do'so and the Town Engineer would answer any questions. The Board returned to the Selectmen's Room, Town Office Building, to continue work on 1959 budgets. It was agreed to discuss Personal Service budgets with Mr. Carroll, Town Clerk, Mrs. Rich, Collector of Taxes, Mr. Palmer, Town Accountant and Mr. Hynes, Chairman of the Board of Cemetery Commissioners. The following budgets were considered: Assessors' Personal Services Expenses Requested $17,539.67 1,759.25 Approved 1,759.25 It was voted to advise the Board of Assessors that the Selectmen have agreed on a policy to hold the line on any general salary increases and therefore approved the budget on the 1958 basis. However, if there are any exceptional merit cases, the Board would be pleased to discuss the subject with the Assessors. The Chairman was authorized to advise the Assessors that the Board assumed the requested appropriation for Mr. Burnham is $1,000 because he is doing more work. Planning Board Personal Expense s Services $10,000 4,35o 4,350.00 It was voted to advise the Planning Board that the Selectmen have agreed on a policy to hold the line on any general salary increases and therefore approved the budget on the 1958 basis. However, if there are any exceptional merit cases, the Board would be pleased to discuss the subject with the Planning Board. Letter was received from the Fire Commissioners advising that the Chief and Deputy Chief have been con- tacted and both feel that a car, rather than a beach wagon, would be better for a Chief's car. It was agreed to advise:.the Commissioners that the Selectmen are at a loss to understand the letter due to the fact that when they met with the Board on January 1 24th, it was the Selectmen's impression that the Com- missioners aprroved the suggestion of a beach wagon. Inspection Department Personal Services Expense s Out -of -State Travel $16,498.00 1,745.00 1,745.00 100.00 100.00 It was voted to advise Mr. Irwin that the Board has agreed bn a policy to hold the line on any general salary increases and has therefore approved the budget for the Inspection Department on the 1958 basis. How- ever, if there are any exceptional merit cases, the Board would be pleased to discuss the subject. Further consideration was given to Mr. Jeremiah's letter of January 7th relative to car allowance in lieu of using a Town Car. The Chairman was authorized to advise Mr. Jeremiah that the Board understands such an arrangement would be more convenient, but considering the economics of the present plan, the Selectmen feel they owe it to the Town to continue using the Town car for work in the Wire In- spector's department. Public Welfare, All Categories Personal Services $ 9,072.73 It was voted to advise the Board of Public Welfare that the Board has agreed on a policy to hold the line on any general salary increases and has therefore ap- proved the budget for Personal Services on the 1958 basis. However, if there are any exceptional merit cases, the Board would be pleased to discuss the sub,P ct. Itwas agreed to meet at 9:30 A. M. Saturday morning to continue work on budgets. The meeting adjourned at 11:15 P. M. A true record, Attest: -Executive erk, Selectm 11 72 SELEC TMEN' S MEETING February 7, 1959 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday morning, February 7, 1959, at 9:30 A. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. The Executive Clerk was also present. Mr. James J. Carroll, Town Clerk and Treasurer, met with the Board to discuss budgets for 1959. The Chairman explained that the Board of Selectmen has attempted to hold the line on salaries in most of the departments. If there is some merit to an increase, that is the type of increase the Board wouldconsider rather than just a blanket increase. Mr. Carroll said the -t his biggest concern was Miss McDonough. She has been with him for eighteen years. He had two new girls from Bedford and one of them left to work at Lincoln Lab for $70 a week. MissMcDonough was ready to leave, but he asked her to wait until after Town Meeting. He said if anyone deserved a merit increase, she does. He said if his salary was increased, all right. It is just a question of how long he will be here. Mr. Carroll said he has one girl from Bedford who is not too fast but in time she will improve because she is definitely in need of work. She is trying and doing a good job. He explained that a friend of Miss McDonough has been working for him. Mr. James asked what salary the new girls were re- ceiving and Mr. Carroll replied that the youngest one receives 1111.54, and the other one $48. He said the girl from Watertown is experienced. Mr. Adams said there is provision in the budget for a fourth girl. Mrs. Morey asked if Mr. Carroll had anyone else lined up for that position and he replied in the af- firmative. He said Miss McDonough works nights on registrars work. His office prepares the voting lists, sends out dog notices and makes up the poll tax list, which used to be done by the Assessors, but it has been changed by law and must be done in his office. He said he is asking $80 per week for Miss McDonough effective April 1st. She is now receiving $68. Mr. Adams said that eventually the Town Clerk and Treasurer will be separate jobs. ZCI tr 1 12 Mr. Carroll said he thought when the time comes for him to leave, the jobs would be divided. The Chairman asked if he would be better off to have better qualified girls rather than more in numbers. He said numbers would not help if the girls were not qualified. Mr. Adams asked if it would be agreeable to Mr. Carroll to eliminate the extra girl and increase the rates to the other girls. Mr. Carroll said he would be satisfied. Mr. Carroll retired at 10:15 A. M. Upon motion duly made and seconded, it was voted to approve budget as follows: Department Requested Approved Town Clerk & Treasurer Personal Services Expenses (revised by Mr. Carroll) $18,17o.18 $15,935.00 551.70 551.7o Mr. Palmer, Town Accountant, met with the Boa -d. The Chairman explained that the Board has decided to hold the line on all salary increases unless on merit, and it is not going along on an overall increase. Mr. Palmer said he thought his two girls should receive a pay raise on merit. He said they are very capable and have improved steadily on the job, particularly Mrs. Jack. He said if one girl is busy, the other can carry on her work; the jobs are interchangeable. Mr. Tucker asked how long the girls have been in the department, and Mr. Palmer replied that Mrs. Boleyn came back in 1955. She was in the department when Mr. Walker was Town Accountant and left before he did. Mrs. Jack has been in the department a little over a year. Mr. James atked if the request for an increase was based on the fact the work is done more efficiently or on the fact there is more work. Mr. Palmer replied on both. He said both girls have the work under control. There is more work, but they never have to work overtime. They get the work done. The bill warrant is down to Mr. Carroll on Friday and the salar warrant is down Monday morning. The Chairman asked if the girls would have anything to do with withholding and Mr. Palmer replied that it would mean just adding an extra column. He said it would not have too much effect on the work load. 14 The Chairman asked if there was ever more than two girls in the department and Mr. Palmer replied not to his knowledge. Mr. James asked what would happen if Mr. Palmer was out sick for a month and he replied that there would be no problem as far as getting bills and salaries paid. He said the routine work would be carried on without any trouhle. The Chairman askdd if the girls could learn how to check contracts and Mr. Palmer replied in the affirmative. The Chairman asked if he wanted to say anything about himself, and Mr. Palmer said as his department work load has increased, his work has increased. Mrs. Morey asked what he received as Secretary to the Appropriation Committee, and Mr. Palmer replied that is part of the Accountant's job. Mr. James explained that when Mr. Palmer took the position that was one of the conditions. Mrs. Morey asked if there were any other jobs for which he received compendation and Mr. Palmer replied in the negative. Mr. Palmer said, comparing his salary to other towns, he thinks it is low. He said the Retirement Board could vote him money but he would rather have it a vote of the Selectmen. He said he would like to have it on the Retirement Board which is not personal services, but taken out of the expenses account. Mr. James said if Mr. Palmer had a choice, he would rather have the increase from the Board of Retirement and Mr. Palmer replied in the affirmative. He said there are enough funds in the account to cover it this year. Mr. James asked if the Retirement Board could ap- prove payment to Mr. Palmer without any appropriation and Mr. Palmer replied in the affirmative. The Chairman said he would like the Board to ap- prove it. Mr. James said he would much prefer it on the salary of Town Accountant. Mr. Palmer said the Accountant does not have to be Secretary to the Retirement Board. Mr. James said that was his point. If his additional income came from that position, there may be a possibility that it would be lost. On the other hand, if the increase were on the Accountant's salary, it would not make any dif- ference who became Secretary to the Board. Mrs. Morey asked if the work on the Retirement Board was done during regular hours and Mr. Palmer replied not entirely. Mr. James asked how much Mr. Palmer intended to ask from the Retirement Board and he replied that he was going to legal limit of $500. 1 15 Mr. James asked if he would rather the $500 from the Retirement than as Town accountant. Mr. Palmer said he would like $500. but he did not want to be criticized for receiving something from the Town that no one else was going to receive. The Chairman explained that the increases were on merit and the concern of the Board. Mr. Palmer said that he would just as soon receive an increase as Accountant. Mrs. Morey asked if Mr. Palmer could do the work Mrs. Beers does on the Trustees of Public Trusts and he replied in the affirmative. He said he understands that Mrs. Beers has no intention of giving it up. Mr. Tucker asked if there was more work in the office now and Mr. Palmer replied that the School De- partment has more bills and more contracts. Mr. James said that there are no more accounts but each account has more items and Mr. Palmer agreed. Mr. Tucker asked about the quality of the work and Mr. Palmer said he felt the quality of the work is much better, speaking for himself. The Chairman asked if he felt he was a better qualified Town Accountant than he was last year and Mr. Palmer replied in the affirmative. Mr. Palmer retired at 11:00 A. M. Upon motion duly made and seconded, it was voted to approve budget as follows: Department Accounting Department Expenses Out -of -State Travel Requested Approved $ 550.00 $ 550.00 100.00 100.00 Mrs. Rich, Collector of Taxes, met with the Board. The Chairman explained that the Board of Selectmen is holding the line on salaries this year unless there is some merit to the increase. Mrs. Rich said she figured a 5% increase and that is all right except for the extra girl. Last year, Mr. Carroll had the extra girl from January to April. She said the committaenttthis year on excise was large and she kept Mrs. Ryder on. She worked the full month of January and has been on half a day since. She is on the same basis as Mrs. Reed of the Board of Appeals. She said she did not receive the real estate bills until the 9th of July and she had Mrs. Ryder full time. She also had a girl in to insert the bills in the envelopes. 16 The Chairman explained that the Board had asked the Assessors not to grant any vacations until the tax bills were ready and the Board hopes the departments will cooperate so that it will not be necessary to put on extra help. Mr. Tucker asked if the amount for the extra girl was for more time and not for a higher rate. Mrs. Rich replied in the affirmative. She said she would try not to use the funds for an extra Clerk but would like it available. She said it would be all right to go along with the others if the Board was not giving any overall increases. Mr. James explained that the only increases are to be merit increases. Mrs. Rich said she would go along on that basis. Mrs. Rich retired at 11:25 A. M. Upon motion duly made and seconded, it was to approve budget as follows: Department Tax Collector Personal Services Expense s Requested $14,496.12 2,895.00 voted Approved $14,320.00 2,895.00 Mr. Hynes, Chairman of the Cemetery Commissioners, met with the Board. The Chairman explained that the Departments have been advised that the Selectmen are not recommending a general increase this year, but if there is merit to an increase, it will be considered. Mr. Hynes said he has requested an increase of $5.00 per week for Mr. Healy who now receives $52.54. He said Mr. Healy has never received a merit increase and did not ask for the increase included in the budget. He said he is asking for an increase of $3.50 for the Clerk who now receives $29.70 for twenty hours. He ex- plained that Mr. Healy is available Saturdays, Sundays and holidays. He said he is receiving a part-time salary but is available twenty-four hours a day. Mr. James asked if a merit increase is considered, whether or not it would make any difference to Mr. Hynes if it was on the Superintendent's salary or the Veterans' Agent salary and Mr. Hynes replied that he would like to see part of it at least on the Superintendent's salary. Mr. Hynes retired at 11:45 A. M. 1 Upon motion duly made approve budget as follows: Department Cemetery Department Personal Services Wages & Expenses and seconded, it was voted to The meeting adjourned at A true record, Attest: Requested Approved 4,627.83 30,138.20 12:00 nonn. $ 1+, 365.00 30,138.20 17 18 SELECTMEN'S MEETING February 9, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 9, 1959, at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. The Executive Clerk was also present. Hearing was declared open upon application of William T. Hardy for permission to keep, store and sell 12,000 gallons of gasoline, 550 gallons of fuel oil, 550 gallons of waste oil and 2,000 gallons of diesel oil underground; and 500 gallons of motor oil, 500 gallons of antifreeze above ground and 60 gallons of gasoline in four cars. Notice of the hearing was inserted in the January 29, 1959 issue of the Lexington Minute -man and abutters notified, as they appear on the most recent tax list. Mr. Hardy, Mr. Estey, salesman for Esso and two other individuals were present. Mr. Estey said that they propose to develop the piece of property at the northwest intersection of Waltham Street and Concord Avenue with a modern service station. At the moment there are a couple of immedi- ate problems one of which is the fact that it is not Hardy possible to find out from the State exactly what is to gasoline be done with Waltham Street. He said it is therefore hearing not possible to file a complete plan at this time. He said he believed the Fire Chief has approved the ap- plication on a temporary basis. Mr. Adams asked, where this is only a preliminary plan, if they would go ahead before obtaining some in- formation from the State and Mr. Estey replied in the negative. Mr. Adams asked if the garage across the street would be operated and Mr. Hardy replied that it would for a time. The Chairman asked if Mr. Hardy owned that corner, and he replied in the affirmative. He said the pumps are close to the street. The Chairman asked if the present station would be abandoned if the application were granted, and Mr. Hardy replied he thou-4ht it would. He said it is not a gas station now. The Chairman said that there are pumps there and a permit has been issued. Mr. Hardy said that was correct. No one present wished to speak in opposition and the hearing was declared closed at which time the group retired. Cr" 1 1 19 Mrs. Morey suggested that before anything is done, Concord Avenue should be made fifty feet wide. Mr. Stevens advised that he thought the Board would not want to grant the license to store petroleum products until Mr. Hardy has obtained a permit from the Board of Appeals to operate a gas station. It was agreed to advise Mr. Hardy that the Board would hold the application and consider it further after he has had a Board of Appeals hearing. The Chairman reported that the Chamber of Commerce has made an appointment to discuss police protection in the center, but cancelled. The Chairman read a letter from Mr. Irwin, Build- ing Inspector, relative to additional office space for the Board of Health. Mr. James said that there is no place fbr Mr. Lurvey to work when people are around and the Board wanted a Board of place where he could have a desk. He said he did not Health think there was any major problem. space Mrs. Morey asked if the room to which the Board referred was large enough to be divided, and Mr. Adams replied in the negative. Mrs. Morey said that for efficiency of operation, Mr. Lurvey should be near the Clerk. Mr. James suggested that the Assessors use the larger conference room and make the smaller one avail- able to the Board. of Health. Mr. Adams suggested that someone from the Ad- ditional Town Office Building Committee look into the situation to determine a solution. Mr. Stevens said that the Planning Board wants to get a certain article in the warrant but as yet Planning it is not ready. He said a special warrant could be Board issued for a special meeting to be held at one of the article sessions of the Annual Meeting, but this has never been done during his time as Town Counsel. Mr. Carroll, Superintendent of Public Works, ar- rived at the meeting. He reported that on November 22, 1958, he made an appointment to see Mr. Nicholas L. Durso, 5 Pat- terson Road, about the possibility of his granting an easement to the Town. At that time, he wanted a sewer service, about $150, without charge and a manhole in- stallation without charge. He then met him on October 27, 1958 at which time Mr. Durso wanted a free sewer service plus $400, and Mr. Carroll told him he thought 20 the request was unreasonable. He told Mr. Durso that he did not think there was any chance that betterments would not be assessed because therewas no question in his mind but that the property is being bettered. Mr. Durso met with the Board. He said Mr. Carroll contacted him about an easement on his land in October, at which time Mr. Durso brought to light some of the things he had asked the Town to do about five years before. He said Mr. Carroll refused to take the boulders out of his land, which were on the easement and should have been taken out. He said they talked about a fifteen foot easement plus a ten foot temporary easement. He told Mr. Carroll that he wanted for the easement, but Mr. Carroll felt his demands were unreason- able. He said Mr. Carroll also told him he would con- tact him before the Town took the land. On January 9, 1959, he received a registered letter which he said he felt was very underhanded. The Chairman explained that it is the usual pro- cedure in any land takings and there is nothing un- usual about it. Mr. Durso said that it might be usual, but he was told by a Town official that he would hear before any land was taken. He said as a mutter of courtesy, the property owner should know what is being done. The Chairman said he could appreciate Mr. Durso's position, being an individual property owner, but that is the procedure the Board follows all the time. Mr. Durso said Lexington is the only Town in the Commonwealth that takes land without letting the people know. He said he checked it with his bank and they had never heard of anything like it. The Chairman explained that the Board meant no of- fense and means no offense, and did not deprive Mr. Durso of his rights. He said it is something that had to be done. Mr. Durso said that the Board had definitely offended him. He said he knew the easement had to be taken and wished the Town had given him the courtesy of a letter advising when and how the taking was to be made. Mr. Durso said he was not happy about the tree. Mr. Carroll told him the tree would not be taken and on the plan, it shows a tree being taken. Mr. Carroll explained that he said the tree would not be taken down. Mr. Durso said according to the plan the tree is coming down and Mr. Carroll explained that the tree is in the easement, but it will not be taken down. Mr. Durso asked what the Town would do to reimburse him for some of his labor. 1 21 The Chairman said the Board would have an appraiser examine the property and advise the Board what damage, if any, has been done to the property. Mr. Durso said it was not the damage, but some of the labor, money and inconvenience. The Chairman explained that Mr. Durso still owns the property. Mr. Durso said he has lived in Lexington for five years and when he purchased the property, it was a swamp. He put in over 1,000 yards of fill. Mr. Adams asked for a plan of the area involved, and Mr. Carroll submitted one. Mr. Durso said even though the land is only ten feet, he has done a lot of work on it. Mr. Carroll explained that any work Mr. Durso has done nothing whatsoever to do with the sewer easement, He also explained that the Town has to restore the land to its original condition. Mr. Durso said it cost him over $80 to have the boulders removed which the Town refused to do, and Mr. Carroll explained that the Town had no right to take them out. Mr. Durso said the land was supposed to be filled and covered but Mr. Newgent didn't do it and the Town did not follow it up. Mr. Adams asked if Mr. Newgent put the pipe in, and Mr. Durso replied that he put it half way. He said he definitely feels entitled to something. Mr. Stevens suggested that Mr. Durso wait until the work has been completed and see how it looks. Mr. Durso said that right now he is looking for some reimbursement. Mr.James said that two different problems are being discussed; one the sewer easement and the es- timated damages, etc., and the other is an incident now four years old. Mr. Durso said that might be true, it is four years old. Mr. James said that if the sewer was not going through there now, Mr. Durso probably would not be meeting with the Board. Otherwise, he would have come in earlier. Mr. Durso said that he would not be here. Mr. James said that seems to dispose of the four year old problem. Mr. Durso said it was the letter he received, Mr. Stevens suggested that it be left with the Superintendent of Public Works and himself to work out with Mr. Durso any proper payment to him as any damage resulting from the taking. He explained that he had 22 obtained a real estate appraiser to examine the property and give his opinion. He said when he receives that opinion he will sit down with Mr. Durso and then come back to the Board. Mr.Durso said it seemed fair right now. He said he wanted this settled before the contractor even starts digging. Mr. Carroll reported that work has been started but not in this particular phase. Mr. Stevens explained that the reason the taking was made is because the contract has been awarded. Mr. Durso asked if he could assume that he would hear from the Board within a month, and the Chairman said he would hear from Mr. Stevens, Mr. Carroll or both. Mr. Stevens explained that the purpose of the let- ter was to let the owners know what has been dons, let them know the period of time they have to protect them- selves and what they have to do to protect themselves. Mr. Durso said he would expect to hear from the Board within two or three weeks. Mr. Stevens said he would hear from Mr. Carroll or from him. Mr. Durso asked if he had to let the contractors in his driveway and Mr. Stevens replied that he has to let them in the easement. Mr. Durso retired at 8:30 P. M. 1 Mr. Cflrroll reported that he and Mr. Lurvey, Ex- excutive Health Officer, went over Holton Road with Mr. Higgins. They checked every house and asked how may were having difficulty and found that only four or five people were having trouble. One house was vacant and according to the people across the street, Holton Road that house has had trouble three times. Holton Road sewer Mr. Carroll presented a plan showing Holton Road, sewer Woad Street and Patterson Road. He pointed out the houses signed up for sewer and those having trouble. Mr. James said he was in favor of installing the sewer in Holton Road. The Chairman said that work will be going on in the area and he did not think the Town would get it installed at a later date for any less money. Mr. Carroll said that he thought the sewer should be installed. It was unanimously agreed to include an item in the budget for installation of a sewer in Holton Road. Mr. Carroll presented a plan of the proposed sewer in Wood Street. Mr. Adams said that on this one he would prefer to hold off. Mrs. Morey said she did not think Wood Street should be torn up until the access road is put in. Mr. Carroll said it is supposed to be done by August 31st, but he doubted if it would be. He said he did not think the Town would save very much money by not doing Wood Street now. The Chairman pointed out that 66-2/3% of the people had signed for the sewer on Wood Street and the other areas are being done. Mr. Carroll said that if Wood Street is defer- red until next year, it will just be added next year to all the other requests that come in. He said the Board would be putting off a project that will only have to be considered again next year. Mr. James said that capital expenditures are a little light this year and next year they will be heavy again. Mr. Carroll said he would like to have the sewer put in and the people want it. It was unanimously agreed to include an item in the budget for installation of a sewer in Wood Street 23 Wood Street Sewer The Chairman read a letter from George E. Bullock, 17 Longfellow Road, in reply to theBoardts letter of February 10th, advising th.=t the people in the area feel sewers should be installed immediately and not deferred until 1961 or 1962. Mr. Carroll explained that the trunk sewer has to come from Route 128 and he still felt it would be 1961 Sewers or 1962 the way the sewer program is going. Mr. Adams said that the Board is committed on the Minute -Man Highlands sewer, and asked where that left this one. Mr. Carroll said that it would be 1961 or 1962 and will cost in the vicinity of $200,000 or $250,000 The Chairman read a letter, signed by residents of Burlington Street, asking the Town to take steps to eliminate a serious hazard which exists on the Burlington blind curve between the driveway at 130 and 138 Burling- Street ton Street. Mr. James said the only solution is widening Burlington Street and installing surface drainage all the way. Mr. Carroll said that a layout would have to be made. 24 Mr. Carroll retired at 9:15 P. M. Certification was received from the Division of Civil Service on the Board's requisition for Patrolman one permanent patrolman. It was agreed to arrange to interview the three candidates. License Upon motion duly made and seconded, it was voted to grant a Sunday Sales license to James W. Dacey, d.b.a. Concord Hill Market, 2219 Massachusetts Avenue Further consideration was given to application for a Retail Package Goods Store license received from Robert P. Kinneen and Edward F. Leary, for the sale of all alcoholic beverages not to be drunk on Package the premises located at 373 Massachusetts Avenue. Store Upon motion duly made and seconded, it was unani- mously voted to reject the application as, in the opinion of the Selectmen, the present four retail package stores are adequate in number and location to meet the reason- able demands of the public for places at which it may obtain alcoholic beverages. Recreation budget The Recreation Committee met with. the Board. The Chairman said the purpose of the meeting was to discuss the Recreation Committee budget. Mr. Adams questioned the $1,000 increase on supervision and instruction. Mrs. Wanless explained that the Committee plans to increase its summer program and several items have been included for expansion of the recreation program. The Chairman mentioned that the amount for as- sociation dues has increased and Mrs. Wanless explained that this amount depends on how many members of the Com- mittee attend the Annual Meeting. She explained that the item for transportation is for transporting teams. Mr. James said that approval would have to be ob- tained from the School Department for some of the itOms and he said it seemed logical for the School Department to pay for them. Mrs. Wanless said the School Department might say they are not an intregal part of the school program. Mr. James said he was merely suggesting that the department might underwtte some of this. Mr. Ferguson pointed out that if the Fiske School item is not done as soon as the budgets are acted on by Town Meeting, it will not help much. Mrs. Wanless reported that the Lions Club has requested permission to use the old reservoir for a 1 1 25 fishing derby. She said it is intended to stock the reservoir with trout. The Recreation Committee agreed to the program and the Board of Selectmen had no objection. Mrs. Wanless asked about parking on the other side of the old reservoir. Mr. Ferguson said they would like to know if the area can be made into a parking area. The Chairman said the Board would discuss it with the Superintendent of Public Works. The Committee retired at 9:L10 P. M. The Board considered the budget and it was voted to eliminate the item of $5,000 for track, approve the $1,000 for a picnic area with the provision that it will not be used until the Planning Board has deter- mined how the Willard property is going to be developed. The last six items in the budget, totalling $4200, were transferred to the Park Department budget. The Appropriaticn Committee met with the Board at 10:10 P. M. The Chairman went through all the budgets and ad- vised the Committee of action taken on each by the Selectmen. The Appropriation Committee retired at 11:15 P. M., and the meeting adjourned. A true record, Attest: 26 SELECTMEN'S MEETING February 16, 1959. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 16, 1959, at 7:30 P. M. Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Carroll, Superintendent of Public Works, Mr. Stevens, Town Uounsel, and the Executive Clerk were also present. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to elect Mr. iucker as Chairman; Mr. Maloney being out of Town. Hearing was declared open upon application of the Boston Edison Company. and the New England Tele- phone and Telegraph Company for location of one j/o pole on Summer Street. Mr. Mahon, representing the Boston Edison Com- pany, and Mr. Consilvio, representing the New England Telephone and Telegraph'Company, were the only persons Pole present at the hearing. location Mr. Mahon said that there has been a certain widening of Summer Street and Mr. Carroll explained that this particular location is in connection with the sidewalks. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to approve the petition and sign the order for the following j/o pole location: Summer Street, southwesterly side at Haskell Street, --One pole. Hearing was declared open upon application of the Boston Edison Company and the New England Telephone and Telegraph Company for location of two poles on Webster Road. Mr. Mahon explained that about a month ago the Pole company petitioned for one pole on Webster noad and location he met with the Board at which time he asked permission to withdraw the petition which should have been for two poles. The present petition is for two poles to carry the load in that area. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to approve the petition and sign the order for the following j/o pole locations: Webster Road, northwesterly side, north- easterly from' a point approximately 1,030 feet northeast of Hutchinson Road, -- 2 poles. 1 27 Mr. Mahon said that the company made a hurried effort to get service to the skating rink off Muzzey Pole Street, but the proper rights were never obtained locations from the Town. Two poles were set and he said he would like the Board to sign a legal rights form. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to sign the form consenting to the lo- cation of two poles to provide service for the skating rink. Messrs. Mahon and Consilvio retired at 7:39 P. M. Mr'. Carroll referred to the amount of $4200 trans- ferred from the Recreation Committee budget to the Park Department budget and said he did not know anything about the items that make up this amount. He said he had previously requested permission to be present when the Recreation Committee budget was discussed. He had provided for two extra men in the Park Department bud- get and only one was approved. He said he mentioned this because the major part of the $4200 is for labor. He said it would be more economical to have the work Recreation done by town labor, but he may have to hire someone to budget do it.. He said he thought, in the future, the Recreation Committee should contact him so that he can give it an idea what his department can do. Mrs. Morey explained that all members of the Board are not in favor of the picnic area but did approve a sum of money. Mr. Carroll said he did not know where the estimates were obtained as the only item with Which he was familiar was the Fiske School backstop. The Chairman said that if Mr. Carroll was going to do the work, he should have something to say on the amounts. He explained that he did not think anyone on the Board gave much thought as to the accuracy of the figures and where they came from. Mr. Adams asked what would have happened if these items had been left in the Recreation budget, and Mr. Carroll replied that the Committee would have asked him to do the work. He said he gave Mr. Samborski the figure for the Fiske School backstop and told him that it did not mean his department would be able to do the work. Mr. Carroll said he could ask for an extra man and the Chairman explained that it is not too late. Mrs. Morey said if he had to, he could hire another man. The Chairman read a letter from the Planning Board approving the acceptance of the pedestrian right of way, the Waltham Street widening, and the streets to be pre- sented for acceptance in March, subject to the provision 28 that Compton Circle, Crawford Road, Linmoor Terrace and Peacock Farm Road not be accepted until such time as there is granted to the Town easements for drains from said ways across private properties. Street Mr. Stevens reported that he knows about Peacock acceptances Farm Road. There are two people involved and he talked to them Saturday and told them he wanted to know whether the street is to be accepted or not. He said he would have to get the plans out on Linmoor Terrace and Crawford Road. The Chairman asked if the Board could sign the layouts and Mr. Stevens replied in the affirmative. He said if necessary, the Board can move for indefi- nite postponement. The Chairman read a letter from the County Com- missioners acknowledging petition of the Selectmen County for the laying out of a footway over the location of Commissioner the Lexington Branch of the Boston and Maine Railroad, hearing at grade, between Valley Road and Essex Street; and the Boston and Maine petition for the discontinuance of Valley Road as a public way over the crossing of the railroad. A hearing has been scheduled to hear both parties on Tuesday, March 17, at 10:30 A. M. Mr.Stevens said he asked to have this put down for a hearing. Mrs. Morey referred to Hancock Avenue and said that the train has had to make several quick stops or attempts at stopping to avoid cars crossing Han- cock Avenue. She asked what could be done about such a street. Mr. James said that it is a publ_c way. Mrs. Morey asked about Camelia Place and Mr. Carroll said that is a private way. Hancock Ave. Mr. Carroll said that perhaps the Town could railroad petition the Department of Public Utilities to lay crossing out Hancock Avenue, similar to what was done on Fottler Avenue. He said with approval of the Department of Public Utilities the Town may install lights, but that would involve an expenditure of about $10,000. Mrs. Morey asked if the crossing was essential for the Fire Department and Mr. Adams replied in the affirmative. Mrs. Morey said that the crossing'should either be a public way and protected, or closed. Mr. James said he would like to know what_the Town's rights are and Mr. Carroll agreed to find out and report next week. The Chairman read a letter from John A. Grano, 1 1 29 394 Lowell Street, asking the Board to advise the Boston Edison Company to remove a pole which is hampering the approach to thebuilding. Request for It was agreed to acknowledge the letter and removal of advise Mr. Grano that the Board will investigate the pole mater. Mr. Carroll said that Mr. Maloney asked him to look into the problem of parking at the reservoir, a subject brought up by the Recreation Committee. He said he looked the area over and the only possible place for parking is between Marrett Road and Outlook Drive. He reported that approximately thirty or forty cars could be parked on the old Fire Station lot with- out involving much work, just grading and removing a few small trees. Mr. James said that the possibility of going in Middleby Road had been mentioned, but Mr. Carroll said the only place would be between Marrett Road and Out- look Drive. Mr. James said that one of the immediate reasons for this is a Fishing Derby to be sponsored by the Lions Club this Spring. Mr. Adams said if anything is to be done, it should be done right. Mr. Carroll said he would put in some gravel which may cost $150 or $200, but it would not be a budget item. Mr. Adams said that the area is supposed to be developed some time and asked if there were any plans for the area. The Chairman said he could not see any prospect of a Fire Station there, and he thought it would be some time before the area is developed for recreation. He said an expenditure of $150 would be negligible. Mr. Adams said he would]ike to have a rough plan and not make a snap judgment. Mr. James said if it is only going to cost $150, he would be in favor of having the work done. The Chairman instructed Mr. Carroll to proceed and work this out at his leisure. Mr. James mentioned that it should be ready for the fishing derby in April. Silva Brothers had made an appointment to meet with the Board to discuss the garbage contract but Mrs. Silva telephoned while the Board was in session and cancelled the appointment. The Chairman read a letter from Mrs. Donald T. Clark, 25 Moon Hill Road, relative to traffic congestion at the Reservoir parking space Garbage contract appointment 30 Traffic Space for Board of Health intersection of Fern and Pleasant Streets. She asked to have No Parking signs located at the intersection prohibiting parking within a reasonable number of feet of the intersection and that the police be requested to enforce the ban as well as the similar ban in the area of Pleasant Street that is already so marked. Mr. Adams said the extension of Buckman Drive would be a solution and Mr. James said that was a long range solution. Mr. Adams said there is nothing to be done other than enforcement. When the Chief of Police met with the Board later in the evening, the Chairman gave him Mrs. Clark's letter to read. He said he would look into it and agreed that there should be no parking on Fern Street. He explained that cars are permitted to park on Sunday in the No Park- ing area when there is room enough, but parking is bad on Fern Street. The Chairman asked if he could erect some temporary signs on Sundays. The Chairman read a letter from Mr. Lurvey, to which was attached two estimates for partitioning off space in the rear of the Building Department for the Board of Health. Mr. Lurvey felt that a partition would afford some privacy to all concerned. However, if the Selectmen think the cost is not justified, he would be willing to share the space with those in the Building Department. Mr. Adams said that inasmuch as Mr. Carroll is in charge of the buildings, this is an item that should be handled by him. Mr. Carroll said if the Board decides on the par- tition, funds will have to be included in his budget. Mr. James pointed out that if this is something to be included in the budget, it will have to be done before next Monday because the Appropriation Committee report will go to press then. Mr. Adams made a motion that Mr. Carroll try to work this out by using one of the conference rooms and spend no money this year. Then the Board of Health can come back again next year if necessary. The Chairman suggested that Mr. Carroll look the situation over and make his recommendations. Mr. Adams said he did not think any money should be spent with three rooms empty. The Chairman asked if the Board wanted Mr. Carroll to look the situation over and make a recommendation. Mrs. Morey said if the Board finished the agenda early enough, the members could look at the rooms tonight. Mr. Adams said that there is no warning on the side- Ima 1 walk at the new motel and it is a glare of ice. Mr. Carroll said that the By-laws require the abutters to remove the snow and ice, and it is a matter of police enforcement. Mr. Adams said the sidewalk was torn up and has been torn up for three months. Mr. Carroll said that is something different and he would make some arrangements in the morning to handle the situation. He said he would have it gravel- led and filled. Mr. Carroll retired at 8:30 P.M. 31 Sidewalk Chief Rycroft met with the Board and introduced Mr. Charles E. Camirand, an applicant for position of patrolman. The Chairman explained that the Board had a report on Mr. Camirand but before an appointment is made, the members of the Board like to have the candidates in. He said the Board may have some questions to ask and Police he asked why Mr. Camirand wanted to be a police of- applicant ficer. Mr. Camirand replied that he is interested and thought there was a lot in it he would like to take up, besides being a police officer. The hairman asked what he did in the Service and Mr. Camirand replied that he began in a rifle company and ended up as a cook. The Chairman asked if he took his Boot Training in Parris Island and Mr. Camirand replied in the af- firmative. f- firmative. Mr. Oidams asked what he studied while attending the Armed Forces Institute, and Mr. Camirand replied he went there to finish High School and took a general course, - - math, composition and English. He said he had received a diploma from the Institute. Mr.James asked if he was personally acquainted with the men on the force and Mr. Camirand replied that he went to school with Officer Muller and he knew Officer Koch's brother in High School. The Chairman said that when Mr. Camirand was some years younger, he had some tendency to driving fast and asked if he now had overcome it. Mr. Camirand replied in the affirmative. Mrs. Morey said, according to the record, he was single and asked if he had any intention of marrying. Mr. Camirand replied in the affirmative and said that he believed in settling down first. Mrs. Morey inquired about his family and he said he was twenty-three, had a sister eight, a mother and 32 father. Mr. Camirand asked when he would be put on the force and the Chairman replied that if he were ap- pointed, it would be fairly soon. Mr. Camirand said he would like to give notice and the Chairman said the Board would expect him to do that. Mr. James explained that if he were appointed, there would be sufficient time to give a proper notice. Mrs. Morey asked if his health was good and he replied in the affirmative. She asked if he was dis- abled and he replied in the negative. Mr. Camirand retired at 8:48 P. M. The Chief introduced Mr. Guy D. busa, 36 Lowell Street. The Chairman explained that the Board had his record but likes to have the applicants in. He asked what branch of the Service Mr. Busa was in.:and he re- plied that he was a camera technician in the Air Force. The Chairman asked if he had a good working know - lee of photography and Mr. Busa replied that he has not done anything since he came out of the service. The Chairman asked what therein about the police force that interested hind, and he replied that he has always been interested in police work. He said he liked police work in general. The Chairman asked how much money he earns in his present position, and Mr. Busa replied $95. a week. The Chairman asked if he would be happy working for a policeman's salary. Mr. Busa replied in the affirmative and said in the Winter he now works fifty-five or sixty hours. In the Summer, he works forty-eight or fifty and the pay then drops to $80 or $85. The Chairman asked if he averaged $85. a week throughout the year, and Mr. Busa replied in the af- firmative. Mrs. Morey asked if he was through with farming and he replied that he has two brothers working full time and his father cannot afford to pay the three of them. It is cheaper to hire Porto Ricans. The Chairman asked how Mrs. Busa felt about him going on the force, and he replied that she doesn't mind. Mrs. Morey asked about his health and he replied that it is very good. Mrs. Morey asked if he participated in sports in High School, and he replied that one year his father went to Italy and he went out for sports then but it was his Senior year. The other years he had to work on the farm. Mr. Busa retired at 9:00 P. M. 23 The Chief reported that Mr. Camirand had two minor accidents in a year and he was driving the cab carrying school children that was involved in an accident. Mr. Stevens returned to the meeting at 9:03 P.M. Mr. Adams explained that there are three names on the Civil Service list and one is not interested. Mr. Stevens advised that the Board can appoint one and then ask for another list. Mr. James said that there is an old list on which there was one which takes precedence over the new list. Mr. Stevens asked if he was still protected and the Chief replied in the affirmative. Mr. James said from his personal point of view he did not need another name. He said he would rather ap- point Mr. Busa than the top man. Mr. Stevens advised that the Board can select the man it thinks is best qualified. He said the reason is why the Board selected the one it did and not why it didn't select the other one. Mr. James said that when the Board considers ap- pointing the other five, this man will be on the list, again and the Board will then have to take him. It was the unanimous opinion of the Board that Mr. Busa is the best qualified for the position and upon motion of Mr. James, seconded by Mr. Adams, it was voted to appoint Guy D. Busa a patrolman on the Lexington Police Department, effective March 6, 1959, at a salary of 06.71 per week, subject to approval from the Civil Service. The Chairman read a letter from J. E. Hoover, Director of the FBI, extending an invitation to Lieutenant James Francis Corr, Jr., to attend the Sixty-third Session of the FBI National Academy, beginning Wednesday, March Police 11, 1959. The Chairman asked if the `'hief had any recommendation and he replied in the affirmative stating that he felt Lieutenant Corr ahould go. Mr. James asked how Director Hoover invited Lt. dorr as an individual. The Chief replied that the Boston office looks around for any likely prospects or he could.ask to have him go. He said a thorough investigation is made of the individual and his family. Mr. James asked if the Chief instigated the action on behalf of Lt. Corr, and the Chief replied in the negative. He said a couple of years ago, Lt. Corr said he would like to go. One of the Agents was in Lexington one day and the Lexington Police Department had information 34 which the Agent thought was exceptional. The Agent asked the Chief why he didn't send Lt. Corr to the Academy. He said he asked the Board to send him and $1,000. was appropriated. Mrs. Morey said that the $1,000 was in the budget for someone. The Chief said he was asked that question and said it was Corr. The Chairman said the Chief recommended Lt. Corr and the Balrd made a reservation that it then looked lik6 Lt. Corr, but it could be someone else. The Chairman asked if this would give Lt. Corr any ideas of being in direct line for the next Chief. The Chief replied that it would be a talking point for another Board, but it does not mean he is going to be the next Chief. Mrs. Morey asked if there should be another $1,000. appropriated for someone else coming along and the Chief replied he did not think so this year, possibly next year. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to accept the invitation extended to Lt. Corr to attend the FBI National Academy beginning Wednesday, March 11, 1959. The Chief said, it was his understanding, when Of- ficer Meadows resigned that he was entitled to a vacation for last year.. He said when a man comes to work, he doesn't get a vacation so he is two weeks behind all the time. He works a year and then the next year he has a Vacations vacation. Chief Rycroft said he forgot about the vacation un- til the last week, and he had decided Meadows was entitled to one, but no one said anything. On his last day, Meadows Asked'h_if he was entitled to a vacation. The Chief had heard something and asked why he waited until the last day. Meadows told him he had asked Mr. James Carroll who told him he was not entitled to a vacation. Then he called' him in the other day and told him he was entitled to a vacation but it was up to the Chief to give it to him. The Chairman read the policy adopted by the Board on vacations and asked if Meadows had a vacation last year. The Chief replied in the affirmative. The Chairman said it seemed to him that Meadows would not be entitled to a vacation until June 1st of this year. The Chief said he thought if a man worked a year, he was entitled to a vacation and the reason the period was set between May and September is so that all vacations can be taken in the Summer. Mr. Adams said he would like to have this taken under iamb Q' 1 advisement because he thought other cases have arisen. The Chairman said the Board would discuss it fur- ther and let the Chief know one way or another. The Chief said he would like to meet with the Board some night to discuss the subject of radio. Mr. James said a meeting should be arranged as soon as possible after Town Meeting. Chief Rycroft retired at 9:38 P. M. Mr. Adams said he was going around town Saturday and was talking to some people when Mr. Sullivan, ambu- lance salesman, intruded. He said he understood bids had been awarded and wanted to know if the Board had looked at the ambulances. Attention was called to the minutes of the meet- ing of February 2, 1959, in which it was stated that the Board had voted to accept one of the bids. Since that way not the action of the Board, it was voted to correct the minutes to read that "The Board did not act to award the ambulance due to insufficient funds being available, and that additional funds be requested at the Annual Town Meeting, and the bidders be asked to leave their bids open. The Chairman read a letter from Charles G. Davis, resigning as a member of the Historic Districts Com- mission, effective May 1, 1959. The Chairman was authorized to advise Mr. Davis that it will be necessary for him to send a letter of resignation to Mr. Carroll, Town Clerk, setting forth the effective date. 35r Ambulance Resignation The Chairman read a letter from M. Inez Dias, 389 Concord Avenue, advising that she wished to be recorded as opposed to granting a license to William T. Hardy for the storage of gasoline and other pe- troleum products on land located at the northwest corner of Waltham Street and Concord Avenue. Gasoline The Chairman was authorized to acknowledge the permit letter and advise Miss Dias that inasmuch as permission will have to be obtained from the Board of Appeals for the retail gasoline, oil and greasing business that Mr. Hardy proposes to conduct, the Selectmen held up the license he is seeking until after the Board of Appeals hearing. Letter was received from Dr. Warren R. Guild, Lowell Street, commending Deputy Chief Belcastro and 36 Tour Law Dept. budget Accountant budget the Fire Department for services rendered. It was agreed to forward a copy of the letter to the Board of Fire Commissioners. The Chairman read a letter from Clifford W. Birch, advising that the Town Meeting Members Association desires to sponsor a tour of sites or locations of pro- jects which will appear on the warrant for the Annual Town Meeting. Mr. James suggested, and the Board agreed, to have Mr. Birch contact the Chairman of the Appropriation Com- mittee for the listing he would like to have and a re- presentative to accompany the group on its tour. Mr. Stevens reported that he has not submitted his budget for 1959. He explained that he is doing much more than just Town Counsel work and the position is becoming more of a full-time job. Mr. James said h4 thought Mr. Stevens should be realistic. Mr. Stevens retired at 10:17 P. M. The Chairman read a letter from the Town Accountant stating that the salary increases recommended for the Clerks of his Department were made on the value of the employee to the Department, through the efficient per- formance of her duties. The Board felt that the request did not prove this to be an exceptional merit case and it was therefore agreed to advise Mr. Palmer that the Board has agreed on a policy to hold the line on any general salary in- creases. Upon motion duly made and seconded, it was voted Cert. of Inc. to sign an application for certificate of incorporation on behalf of Dean E. Nicholson, 42 Hill Street, a satisfactory character report having been received from the Chief of Police. Mr. Adams asked if the Board intended to increase the salary for Town Accountant and if he was to be appointed. Mr. James said that if the Appropriation Committee Accountant recommended an increase of $500 for him and he appears before the Board with much more poise and assurance, he could see no reason for denying the recommendation. Mrs. Morey said she would just as soon have the increase on the Retirement budget. The Chairman said he was inclined to approve an increase and continue on a non -appointment basis. 1 87 Upon motion duly made and seconded, it was voted to appoint Mrs. Delbert Black, (Phyllis E.), 46 Buckman Appointment Drive, a member of the Lexington Dental Clinic, to fill Dental the unexpired term of Clare A. Burke, whose resignation Clinic becomes effective March 1, 1959. Mr. Adams said he thought the Board of Selectmen should arrange to have the two groups in the Hancock Church meet. He said he would bring the subject up at Hancock the next meeting. Church The Planning Board, Messrs. Snow, John Carroll, Nylander and Tropeano met with the Board. Mr. Stevens returned to the meeting. Mr. Jaouith presented plans of Worthen Road and said that a couple of months ago, the Planning Board met with the Selectmen and discussed the location of Worthen Road with the correction of the lines on the west side of the road coming to the line along a lot, which he indicated on the plan, and also discussed ac- Worthen quiring some land on either side to take out the kink Road and to come across to tie in With Colonial, through A 1 Land. He said this also involved additional land and development of an island system to provide for appropriate traffic lanes. At that time, the Planning Board looked into this further and thought Mr. Reenstierna was going to be able to get the units he wanted within the area this new road would supply. Then the Board heard indirectly he could not do it and invited him to a meeting. He met with the Board and Mr. Snow drew up some realignment of his units and found they could be in the area but he had a U for the apartment and Mr. Snow worked out a sug- gested plan having the street come in over to the back and out into the restricted area and then coming onto Worthen Road. Mr. Reenstierna at first thought it looked good, but in checking with the bank was told he could not build a road with buildings only on one side. Then the Planning Board went to work on a realignment of Worthen Road and what was the smallest amount Worthen Road could be pulled north and worked out for Mr. Reenstierna. Mr. Jaquith indicated the realignment on the plan and said that the question then came up what to do with the intersection here on Waltham Street. He pointed out the original proposal and also Mr. Snow's proposal in regard to the island. He said there are two questions. One is, should Worthen Road have a kink in it from Waltham Street going East and the second is, can this island system be designed so that it will be satisfactory if this road is turned just a little bi.t. 38 Mr. Jaquith said if the road is not changed, it will not give a chance to get a curve on Worthen Road on the East side which is very desirable. He said there is a square lot coming in and in order to get a curve on that turn, there will have to be some land made avail- able on the south side of that lot. Mr. Tropeano said one possibility would be to take a little more land off this side, indicating on plan, and coming up along this side, also indicating on plan. Mr. Jaquith said it is his feeling that the stage has been reached where the Planning Boa -d should have an engineer draw a plan of the whole thing. Mrs. Morey said she would like to see the full length of Worthen Road that is already built put on when such a plan is prepared. The Chairman asked if cutting off the curve would do any serious damage to the square lot and Mr. Jaquith replied that it is very tight because that is a narrow lot. Mr. Tropeano said the discussion was about a 70' right of way and there will be 15' on each side plus the fact there will be sidewalks on both sides. He said Mr. Bushnell would be very agreeable. He said he thought if Mr. Carroll and Mr. Nylander could work out this tricky corner, Mr. Reenstierna might go along with it. Mr. Adams asked if the Planning Board was asking the Selectmen for general approval of the plan. Mr. Jaquith said the Planning Board wants to know about making the engineering changes and an engineer to do the work. Mr. Tropeano said he assumed there would be traffic lights here, and Mrs. Morey said there should be. Mr. Tropeano said he wants to get going and the only problem would be at the intersection of Waltham Street and Marrett Rod. Mr. Adams said the proposal looked all right to him. Mr. James said he did not see any basic problem. Mr. Adams suggested that Mr. Nylander make arrange- ments with Mr. Carroll. Mr. Carroll asked if he was referring to construction and Mr. Tropeano replied that it was the layout. He said the widening on Waltham Street is already taken care of. Mr. Carroll said if he has to build this, he will need some funds and Waltham Street will require channeliz- ing lights which will cost $30,000 or $40,000. Mr. Adams asked if it was essential to have this built this year and Mr. Tropeano replied in the negative. Mr. Adams said that the construction of Waltham Street is not essential to Mr. Tropeano this year and x PI 1 39 Mr. Tropeano agreed. Mr. Carroll said even a rough widening will in- volve an expenditure of money. Mr. Adams said if it is laid out this year, it can be included in the budget next year. Mrs. Morey asked how far along the plans are, and Mr. Tropeano said they were held up a couple of months. He thinks he will be ready for a Board of Appeals hearing in a month. Mr. Adams said he still thought Mr. Tropeano could get by this year. Mr. Carroll said there would have to be some work done as far as making a connection is concerned. He asked if Mr. Tropeano planned to build this road, and Mr. Tropeano replied a twenty-four foot strip. Mr. Carroll said perhaps the Board could make an arrangement whereby the Town could reimburse Mr. Tropeano. He said there is no point for the Town to build twenty- four feet. The Board approved the general plan and Mr. Jaquith asked if the Board wanted to see it when it is completed. The Chairman replied only as a matter of interest. The group, with the exception of Messrs. Grindle, Jaquith and Carroll retired. Mr. Grindle said the Planning Board has been held up at the corner of Watertown Street. He said the Selectmen asked to have Mr. now make a layout of Emerson Road and he just can't do it, and he does not know when he will be able to do it. He asked if there was any way the Engineering Department could help make the layout. Mr. Jacuith said it is an engineering function and he questioned whether the Planning Board should do a layout of the road which is what Mr. Snow has been try- ing to do. He said the Planning Board would have to get help or put it off until Mr. Snow can do it. Mr. Grindle said the road does not have to be lo- cated where the sewer is going but it would be good. Mr. Carroll said he could not understand why Mr. Snow cannot come up with a preliminary plan. He said there is no question of engineering on the Peacock Farm but there is a question on Wilson's Farm. Mr. Grindle asked if Mr. Carroll thought the road should go through Peacock Farms and he replied that he did not know. He said he did think Mr. Snow knew more about that than anyone else. Mr. Jaquith said if there was an adequate engine- ering staff, it could be dore . 40 Mr. Carroll said the preliminary plan was a Plan- ning Board function. He said as far as the sewer goes, the problem is not Peacock Farms; there it is going through the low area. There is a problem on the Wilson Farm because of the fact the road will run parallel to Oak Street. He said he is being held up on the sewer on Wilson's farm. Mr. Adams said that, if Mr. Snow is too busy, per- haps Nylander could do it. Mr. Jaquith said that the Board could always get someone to do it but the question is who is going to pay for it. Mr. Adams asked if the Planning Board could out- line two or three locations and Mrs. Morey suggested that Mr. Snow lay out the best location. Upori motion duly made and seconded, it was voted to sign layouts of the following streets to be pre- sented for acceptance at the Annual Town Meeting: Burnham Road Compton Circle Emerson Road Grandview Avenue Peacock Farm Road Welch Road Linmoor Terrace Crawford Road Widen portion of The meeting adjourned at A true record, Attest: Laurel Street Baker Avenue Cummings Avenue Homestead Street Leighton Avenue Range way Webb Street Town Footway Waltham Street 11:10 P. M. 1 41 SET.FCTMEN'S MEETING February 23, 1959. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 23, 1959, at 7:30 P. M. Chairman Maloney, Messrs. James and Tuckar were present. Mr. Carroll, Superintendent of Public Works, and the Ex- ecutive Clerk were also present. Mrs. Morey arrived at the meeting at 8:50 P. M. Upon motion of Mr. Tuck(r, seconded by Mr. James, the minutes of the Selectmen's Meeting held on Monday, Minutes February 16, 1959, were declared approved. Mr. Carroll referred to Mr. Lurvey's request for additional office space which could be made posisible by a partition in the office now occupied by the Build- ing Department. He reported that he went over the of- fice and the suggestion is basically sound and the price of $387 quoted by Richard H. Soule Contractor,Inc. seems reasonable. He said if the partition is approved by the Board, his budget for the Town Offices will have to be increased. Mr. James asked if both Mr. Lurvey and Mr.Irwin were in agreement, and Mr. Carroll replied in the af- firmative. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to include an item of $387 in the Town Offices budget to cover the cost of providing addi- tional office space for the Board of Health. Mr. Carroll said that the question was raised last week whether or not signal lights should be in- stalled on Hancock Avenue at the railroad crossing. He reported that Hancock Avenue is not laid out across the railroad, but only up to the railroad property. He explained that it would be necessary to petition the County Commissioners to lay it out to establish a crossing. The D.P.U. would have to be consulted and would advise what type of safety device would be installed. He said that procedure is approximately what was done at Fottler Avenue and it cost the Town $ 9500. Mr. Tucker said that personally he thought the Hancock Ave. railroad crossing 42 Si.k Leave Munroe Tavern drainage expenditure was entirely unwarranted because of the limited number of trains. The Chairman stated that there are less trains now than there ever have been and they are not up to any speed at that crossing. He felt that no action should be taken. Mr. Tucker said that for one train in and one out, with a couple of freights, it would seem to him that posting it as a private way would be sufficient. Mr. James said that he would be in favor of post- ing and leaving it as is. Mr. Carroll referred to sick leave for Mr. Frederick Maloney which was extended about a month ago for one month. He said he asked Mr. Maloney's physician, Dr. Boyer, when he would be ready to return and received a letter which he read to the Board. Mr. Carroll said th t Mr. Maloney has been out since November but has been covered by sick leave be- cause he has never been absent because of sickness in twenty-five years. Mr. Tucker said it seemed to him that the period should be extended for another month and brought up again at the expiration of that time. Mr. Carroll said that was his feeling are he never would have brought the subject to the Board if he did not feel Mr. Maloney was entitled to an extension. He said he knew that there were times he continued to work when he should have been home. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to extend the period of sick leave for another month; the subject to be reviewed at the ex- piration of that time if Mr. Maloney has not returned to work. Sick leave The Chairman read a letter from Edward S. Munro, 2 Tavern Lane, inich he referred to drainage con- ditions on Tavern Lane. He suggested as a solution Munroe (a) properly grade the lane so that the surface water Tavern would go where it was intended to and (b) The Town to drainage assume the responsibility of deepentingjtha_ditch suf- ficiently to take care of the surface water as it flows toward Massachusetts Avenue. Mr. Carroll reported that the Town installed a drain from Eliot Road to the low point on Tavern Lane, which is an unaccepted street. He said possibly the reason was to pick up the drainage on Eliot Road. He explained that much of the water from Eliot Road could be stopped by putting in a berm. He said the Town should not maintain the catch basins in Tavern Lane 43 bacause it is an unaccepted street. He stated that the ditch going through the Munroe Tavern property could be cleaned out. He looked at that today. The culvert under Massachusetts Avenue is a 24" pipe into which a smaller pipe leads. The Chairman said that there has been no problem since the pipe was put under Massachusetts Avenue. Mr. Carroll said he could not see any problem and told Mr. Munro that the Town would not do any grading on a private way. Mr. James said as he understood the situation, the Town could clean and widen the brook.•and put a berm on Eliot Road. The Chairman said he would advise Mr. Munro that the subject has been referred to the Superintendent of Public Works who will try and help the situation in some way. Mr. Carroll retired at 8:00 P. M. Certificate of Incorporation was received on be- half of Robert V. Dodd, et als; the corporation to be Cert. of Inc under the name of Kiwanis Club of Lexington, Incorporated. Satisfactory character references were received from the Chief of Police. Upon motion of Mb. James, seconded by Mr. Tucker, it was voted to sign the application. The Chairman read a letter from the Evangelical Covenant Church of Cambridge advising that the churdh has purchased the property on Allen Street at Clematis Evangelical Road in the vicinity of the Franklin School. Plans Covenant are being made for the long-range future of the church, Church but it cannot be announced when re -location will take place. The Chairman read a letter from Irving H. Mabee, Chairman of the Town Meeting Members Pssociation, of- fering the services of its membership in carrying out Town Meeting any research, seeking of information, or other such Members project that might be helpful to the Board either now Association or in the future. The Chairman read a memo from Mr. Collins, Welfare Agent, to the effect that the Board has no choice rela- Welfare tive to salaries in the Welfare Department and the only salaries plan not accepted by the Town is the Annual Increment. Mr. James said that no case has been made for merit increases and the Board'.is within the minimum as det forth in the letter of December 31, 1958 from the Division of Civil Service. The Chairman agreed to discuss the subject with Mr. Collins. Further consideration was given to the policy adopted in 1956 relative to vacations, and it was agreed to amend item 1. by addipg at the end of sentence mother sentence as follows: "A department head at his discretion may permit the employee to take his regular vacation after Labor Day". Further consideration was given to application for a Retail Package Goods Store license received from Package Harvey James Comrie and Robert Gale Comrie, for the Package Store sale of all alcoholic beverages not to be drunk on Store the premises located at 93-95 Massachusetts Avenue. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to reject the application as, in the opinion of the Selectmen, the present four retail package stores are adequate in number and location to meet the reasonable demands of the public for places at which it may obtain alcoholic beverages. Further consideration was given to the Planning Board Personal Services budget which the Appropriation Budget Committee approved in the amount off *9,594 on the basis of the 1958 rates. Upon motion duly made and seconded, it was voted to approve this budget in the amount of $9,594• The Clerk reported that the item of $2,000 for a master plan in the Planning Board Expenses budget had been reduced by the Appropriation Committee to x$1,500. The Board agreed not to make any change in its original recommendation of $4,350 which provided an item of $2,000 for the Master Plan. The Clerk reported that the Planning Board approved $4,000 for Recreation Committee Expenses. The Board agreed not to make any change in its original recommendation of $5,125.00. An amount of $11,204 was approved for the Accounting Department Personal Services budget which provides for a yearly rate of $5800 for the Accountant and continuation of the 1958 rates for the clerical help. Further consideration was given to the salary of the Secretary and Assistant Assessor, and it was voted to rescind the vote of February 5th at which time no change was recommended for the Secretary. It was then voted to recommend a salary of $6,300 per year for the Secretary and approve the salaries for the clerical help on the 1958 basis. The meeting adjourned at 8:55 P. M. A true record,Attest: —txec�itive Jerk electme LwG'�' 45 46 Minutes Sewer 'betterment ,assessment MDC water SELECTMEN'S MEETING March 2, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 2, 1959, at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs. Morey were present. Mr. Carroll, Superintendent of Public - Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to approve the minutes of the Selectmen's Meeting held on Monday, February 23, 1959. Mr. Stevens referred to the sewer betterment as- sessment levied against property owned by Dr. Blakely and located on Winter Street, and Mr. Carroll presented a plan of the Blakely property. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to abate the sewer betterment assessment in the amount of $696.23. Mr. Stevens gave an informal report of progress on the MDC water line extension conference held on February 24th. He explained that Mr. Toole will re- commend the following extensions to the Commission: 5500' 36" line from Park Avenue to the Arlington -Lexing- ton line at an estimated cost of 343,000 to be paid by MDC; 1300' of 36" line from the Arlington -Lexington line to Watertown Street at an estimated cost of $82,000 to be divided 73% or *59,860 to be paid by Lexington and 27% or $22,140 to be paid by Waltham; 7600' 36" line from Watertown Street to Waltham Street at an estimated cost of $478,000 to be paid 57.5% or $274,850 by Lexington and 42.5 or $203,150 to be paid by Waltham. 3600' 16" line from Waltham Street to the Waltham line at an estimated cost of $120,000 for which Waltham will be responsible; 2,000,000 gallon tank and 21" main at an estimated cost of $600,000 to be paid for by MDC. He explained that he assured the group that studies showed Lexington does not need that storage and it is 47 willing for them to build the tanks solely to the size they need for their own system purposes. Their big cost is due to the fact that this is planned as an elevated tank and they need their water on the top. Mr. Toole said that he would recommend to the NEC a total project of $1,623,000 of which the Commission will pay $943,000 Lexington will pay $334,710 and Waltham will pay $345,290. He stated that these figures are straight engine- ering figures so there is no reason why Waltham should not accept them. The cost to Lexington of $334,710 will have added to it the cost of the line from Waltham Street to Route 2 to the standpipe which Lexington will have to pay. He explained that Mr. Carroll is working on this with George Howland. Then he will be in a position to sit down with the air force, tell them what it is and ask them to let Lexington know what can be done. If the Air Force says no, Lexington will tell the NEC all it wants is the Arlington -Lexington line. If the Air Force agrees to pay for the part Lexington thinks is fair and Waltham does not go in with it, Lexington will recommend that the project be completed down to the point of the tank at Waltham Street. The Commission will assume Walthamts share of the cost un- til such time as Waltham uses it. Mr. Stevens explained that the contract now has a provision that either party canterminate the contract He said the Air Force could not be expected to pay and have the Town terminate the next year, but he would not agree to completely take that part out, He said it would have to be tied to some estimated computation. Mr. James asked what the Board needed to know be- fore discussing this with theAir Force. Mr. Stevens replied what element should go in the cost which they are to share and what portion of the cost is a fair amount to put on them and that depends on how much water they are using. Mr. James' said the Board would need the estimated cost of the'main from Waltham Street and Route 2 to the standpipe and the cost of the standpipe up to Westview. Mr. Carroll explained thot they total $600,000 and he is trying to work out what the Town considers is a reasonable percentage of the total cost it should charge the Air Force. He said one method is the percentage of the water the Air Force uses. The other method is to find out how much water which will be used by the Air Force will flow through the new 36 -inch line. 48 Mr. James asked if the Town would be committed to any part of thds expenditure if the Air Force did not use any water, and Mr. Carroll replied that he definitely felt not. Mr. Stevens said it looks now as though Lexing- ton will get two new entrances of water and get just double what it gets now. Mr. Stevens said any further standpipes in Lex- ington can be put on a hill and therefore they can be built cheaper, and the Town should make certain that it has the hill sites. He said it would seem desirable to select the one or two places that might be needed in the future and acquire them now. He said Mr. Carroll is of the opinion that the most desirable site is on the hill in back of the Green property. Mr. Stevens referred to the case pending where the Lexington Golf Club had a hearing before the Board of Appeals and said that the subject of rubbish and trash on the street was brought up. He said the Club is going to try and improve the situation but the ap- Hill Street pearance of the road invites people to dump there. at Golf He explained this is where the bank was widened and Club the question was raised as to why the Town couldntt do something to improve the situation. He said if the Board thought it advisable, parking could be prohibited on the side of the street away from the Club. He said the Town could probably improve the shoulder and provide parking. Mr. Adams asked to have Mr. Carroll study the subject and report to the Board. Mr. Abbott and Mr. Snow met with the Board. Mr. Snow presented a plan of Rangeway and said that one of the plans on record is Park Heights. Plan 2 which shows the Rangewgy from Sky View Road Rangeway southerly to the boundary line of the Park Heights subdivision. He said thereis no record in the Town of this evernbeing laid out by the Board of Survey which was in existence at the time. The Town owns two lots at the southerly end on the easterly side of Rangeway. He stated that because of the general topography and the gas line easement in the plan for development, the question arises as to the status of Rangeway. He said it seemed to him it is only a right of way. He said after that is determined, the question will arise as to whether or not the Select- men wish to sell these lots. Mr. Adams said the first question is whether or not Rangeway is a way and what its legal status is. Mr. Stevens said the question should be decided 49 by the Board as to whether or not it is in the best interest of the Town to sell the lots. He said if the Planning Board feels the idea is undesirable, then he thought the lots should not be sold. If the Board decides not to sell the lots, the developer will have to see if he can get a second access somewhere else. He said if the Planning Board feels it is un- desirable to have a second access to this area created in this place, that is a sufficient answer. TO,e Chairman said that the Board would not want to go along with a dead end water main but the developer might be willing to install it. He said the Town should not have to spend money to improve a developer's situ- ation. Mr. Stevens said the Planning Board could tell the developer exactly how it feels and that the Town is under no obligation to provide him Lith a second means of access. The Chairman said if the Planning Board would make a recommendation, the Selectmen would try and cooperate and the lots would not be sold until the Planning Board was in favor of selling them. Messrs. Snow and Abbott retired. Further consideration was given to an application from Berman's Market, Inc. to transfer its license for the sale of all alcoholic bev^rages, not to be drunk on the premises, from 12 Massachusetts Avenue to 55 Massachusetts Avenue. The Board did not sign the license and authorized Berman's the Chairman to contact Mr. Berman to discuss the area license to be used for parking. Mr. Stevens retired at 8:30 P. M. Three Silva brothers met with the Board and re- ported difficulty with frozen garbage receptacles. They said the situation is not only a problem in Lex- ington but also in other towns. The ground is frozen and many of the buckets freeze up tight, making it im- possible to collect the garbage and then the Town re- ceives complaints. They did not think it fair to be charged $5.00 when a complaint is not legitimate. The Chairman asked if the main complaint was the $5.00 charge and Silva replied in the affirmative. He said they bid the contract low and they are taking money from the livestock to meet the payroll. He said there were six complaints today, every one of them frozen solid and it was impossible to collect the garbage. He said many of the underground containers are not properly installed. The garbage is not always 50 frozen in the container, but the container is frozen in the well. They presented a card which is left at the houses in Concord. Mr. Tucker said he thought the card system was good and that there should be some allowance made. He asked how much of a project it would be to make a record of the houses where the buckets are frozen, and Mr. Silva said that on Bedford Street alone there were twenty-four frozen buckets. Mr. Carroll said he has cooperated 100% with the contractor and his method of charging them on the Garbage complaints is to give them five complaints. He said Collection he has told them repeatedly to call in or come in the next day on the complaints he did not feel were justi- fied and they would be deducted. He said he told the contractor he would take his word for the number of complaints not justified. He said this was done for a time. Mr. Silva said the contract has read the same for ten years and the other collectors were not charged for complaints. He said he is trying to do a good job and they work on the trucks themselves. The Chairman said the Board felt they were doing a good job. He said all they have to do is to tell Mr. Carroll about the complaints they feel are not justified. Mr. Carroll said his job is to enforce the con- tract and that is what he is doing. The Chairman said the Board would cooperate. He said Mr. Carroll is willing to take Mr. word on the complaints not justified and he did not think they could ask for much more. Mrs. Morey said that if there was no penalty, the collection might not be so good. Mr. Carroll said he told Silva that if be con- sidered the collection over a period of three years was good, he would go before the Board and ask to have the amount of money deducted returned to him. The Chairman suggested that Mr. Silva make a fresh start and report all the unjustified complaints to Mr. Carroll who would take his word for it. The Silvas retired at 8:55 P.M. Mr. Charles Babcock, 7 Brandon Street, met with the Board. - Mr. Babcock said that he has a piece of property with approximately 200 foot frontage, part of which borders land owned by the Town of Arlington and it is a pie -shaped lbt. He explained that his street better- ment assessment on his property was 41500 and he was told at the street hearing that he should come in after the street was conttructed and there was no reason why some arrangement could not be made on that particular part of the lot as it is of no value to him or anyone else. He said he tried to square it off by purchasing land from the Town of Arlington but he could not do business with Arlington. Mr. Carroll presented a plan of the property owned by Mr. Babcock. He said he understood no de- ferment could be made on a parcel of land upon which a building is located. He suggested that Mr. Babcock have this parcel of land put on record as parcel A and ask for deferment on that parcel. He said the amount to be deferred would be approximately $450. Mr. Babcock understood he was to have a plan made and filed at the Registry. He retired at 9:10 P.M. 51 Babcock's street betterment Upon motion duly made and seconded, it was voted to approve the following j/o pole locations, all having been checked by Mr. Carroll: Aerial Street, northerly side, westerly from a point Pole approximately 20 feet west of Daniels Road, -- locations Five poles. Barrymeade Drive, southwesterly side,northwesterly from a point approximately 55 feet northwest of Lincoln Street, -- Five poles. Concord Avenue, southwesterly side, southeasterly (rent, a point approximately 270 feet southeast of Blossom Street, -- Sixteen poles. (Sixteen existing j/o poles to be removed.) Concord Avenue, northeasterly side, approximately 600 feet southeast �f Pleasant Street, -- One pole. (One existing j/o pole to be removed.) Mr. Walter O'Brien, 34 Homestead Street, left a letter with the Clerk that he received from the Col- lector in regard to a sewer house connection charge. O'Brien Mr. Carroll reported that he has discussed the connection subject with the O'Briens and advised them that re- charge gardless of what refunds their neighbors received, their charge was correct. He said he checked with 52 Water the foreman and was advised that the time charged was legitimate. The Chairman asked if it was raining when the connection was made and Mr. Carroll said he did not know but there was a ground water condition there. Mr. Carroll said the charge is correct and it was agreed to so advise Mr. OtBrien. Statement was received from the MDC indicating the amount of water sold to all municipalities and the revenue received during the previous calendar year. Mr. Carroll retired at 9:20 P. M. Letter was received from Edwin B. Worthen, Jr., suggesting three alternate names for the proposed Emerson Rd. road from the junction of Route 128 and Bedford Street to Route 2, now referred to as Emerson Road. It was suggested the t a copy of the letter be sent to the Planning Board. Letter was received from the Capital Expenditures Committee requesting permission to have the Committee, whose members are not Town Meeting Member to sit on Town the floor at the Annual Town Meeting. Meeting It was agreed to ask the Moderator to grant the request and suggest that it be announced at the be- ginning of the meeting. It was also agreed to advise the Committee to submit the request to the Moderator. Application was received from the Lexington Choral Society for the use of Cary Hall for three rehearsals and two concerts. The Clerk reported that the Society is consider- ing the erection of a temporary ceiling on the stage. Use of hall The uses of the hall were granted free of charge, no admission being charged, and the Chairman was authorized to advise the Society that the Board question the advisability of erecting a temporary ceiling and to point out that the Town cannot be held responsible for any damage or injury. Application was received from the Fine Arts Chamber Orchestra for permission to conduct a concert in Cary Hall on Sunday, April 5, 1959. This group accompanies the Lexington Choral Society in its con- certs. It was voted to grant the use of the hall sub- ject to a charge of 35.00. Emerson Rd. The Chairman reported that he had contacted Mr. Collins, Welfare Agent, relative to the salary established for the Social Worker, He explained that the schedule the Board is obligated to pay the Social Worker is set at a minimum of $3600 per year which would be an increase of 44¢ a week. Mr. James said that the salary is now figured on the basis of $3600 per year. Mr. Adams advised that the Republican Committee would like to use the Selectmen's Room on March 2L th for a meting. The Board had no objection. The meeting adjourned at 9:40 P.M. A true record, Attest: 53 Welfare Social Worke r 54, Organization Jurors Minutes SELECTMEN'S MEETING March 9, 1959 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 9, 1959, at 7:30 P.M. Messrs. Maloney, James, Adams, rerguson and Mrs. Morey were present. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to elect Hazel J. Murray, Executive Clerk, pro tem. Motions were in order for election of a Chairman. Upon motion of Mrs. Morey, seconded by Mr. James, it was voted to nominate William E. Maloney. Upon motion of Mr. James, seconded by Mr. Adams, Organization it was voted that the nominations be closed, and the Executive Clerk east one ballot for William E. Maloney as Chairman of the Board for the ensuing year. Mr. William E. Maloney was unanimously elected Chairman of the Board of Selectmen for the ensuing year. Mr. James J. Carroll, Town Clerk, met with the Board for thedrawing of three jurors, and the following individuals were drawn for jury duty: Frank E. Douglas, 220 Follen Road; Carl H. Bolter, Jr., 87 North Hancock Street and William M. Bowen, 22 Munroe Road. Mr. Carroll retired. Mr. Adams reported an error in the records of the minutes of the Selectmen's Meeting held on March 2, 1959. In the fourth paragraph on the first page, the figures 42.5% or $203,150 should read 27% or $22,140. Upon motion duly made and seconded, it was voted to approve the minutes subject to correction of the error. Mr. Stevens, Town Counsel, and Mr. John Carroll, Superintendent of Public Works, met with the Board. Letter was received from the State Department of Public Works, together with threek copes of an agreement between the Commonwealth, the own of B & M Cross- Lexington and the Boston and Maine Railroad, relative ing agree- to the construction of the crossings at grade over the ment tracks of the Lexington Branch of the Boston and Maine Railroad to the Bedford Airport, made necessary by the construction as a State highway on a new location of 1 a portion of the Bedford Access Roads. Mr. Stevens said the only place the Town enters into the picture is on page two of the Agreement which states that upon the completion of the project, it will be discontinued as a State highway and the Town shall be responsible for the maintenance of the entire highway including that portion within the limits of the crossings at grade. He said there seemed to be no objection as that is what is being done on the other crossings. Upon motion duly made and seconded, it was voted to sign the Agreement and return all three copies to the Department of Public Works. Mr. Stevens reported that he met with John Carroll and Mr. George Howland last week and went over the figures in regard to supplying water to the Air Force. He said he thought the Board should go over these figures with the Chairman of the Appropriation... Committee and the Chairman of the Capital Expenditures Committee as soon as possible andhe had suggested a conference on Tues- day, March 10th, at 7:30 P. M. in the Selectmen's Room. He said Mr. Carroll has a memo of the figures which takes into consideration water which the Town furnished to the hospital and to Raytheon. He said if, after the conference, the Board feels it wants to take more time, it can take more time. He said it may be that these figures will have to be revised and this is just a preliminary conference. Mr. Stevens referred to the hearing to be held at the County Commissioners' Office on Tuesday, March 17, at 10:30 A. M. on the petition of (1) the Selectmen Hearing for the laying out of a footway over the location of the Lexington Branch of the Boston and Maine Railroad, at grade, between Valley Road and Essex Street; and (2) the Boston and Maine Railroad for the discontinuance of Valley Road a s a public way over the crossing of the railroad. He explained that he and Mr. Carroll would attend the hearing, but he did not think it necessary for the Board to be present. The Chairman read another letter from Edward S. Munro in regard to drainage conditions on Tavern Lane. Mr. Munro asked if he could have a ruling on easements Drainage as applied to the Tavern property. Mr. Carroll said he doubted if the Town had any easements, and stated that this is a natural waterway. • The Chairman said the Board recognized there is tta Water for Air Force 56 a little problem there and some effort would be made to help the situation. It was agreed that a reply to the communication was not necessary. Mr. Stevens retired at 8:10 P. M. Mr. Carroll reported that he had received a letter from Whitman & Howard recommending that the contract for Sewers, Force Main and Pumping Station be awarded Sewer bid to Frank Frederick Construction Company, Inc., the low awarded bidder. He said the low bid was $15,516 and the second low bid, submitted by Benedetto Bros. Inc. was $16,572. The estimated amount for the project was $24,000. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to award the contract to Frank Frederick Construction Company, Inc., the low bidder. Mr. Carroll presented a sketch of proposed parking Parking at the Lexington Golf Club. He pointed out the gravel Lex. Golf parking area and the gravel shoulder twenty-five feet Club off the edge of the pavement, and reported that it will be possible to park about twenty-five cars in the area. He said it could be loamed or paved. Mrs. Morey asked why, as a temporary measure, the area couldn't be made neat. She suggested that it be cleaned up before the expenditure of any money and see how it works out this Summer. The Chairman said that possibly the Golf Club would assume the expense of hot topping the area but Mr. Ferguson explained that the Club is financially unable to pay for hot topping. Mrs. Morey said the area could be cleaned up and Mr. Carroll agreed. Mr. Ferguson suggested erecting No Parking signs on the opposite side of the street. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for six j/o pole locations on Concord Avenue., The locations were approved by the Superintendent of Public Works and upon motion duly made and seconded, it was voted to grant the petitioh and sign the order for the following j/o pole locations: Concord Avenue, northeasterly side, southeasterly from a point approximately 750 feet southeast of Pleasant Street, -- Two poles. imime 1 57 Concord Avenue, northeasterly side, southeasterly from a point approximately 1095 feet southeast of Pleasant Street,- - Two poles. Concord Avenue, northeasterly side, south asterly from from a point approximately 1730 feet southeast of Pleasant Street, -- Six poles. Ten existing j/o poles to be removed. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Pole 1 Company for twelve j/o pole locations on Lowell Street. locations The locations were approved by the Superintendent of Public Works and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole locations: Lowell Street, westerly side, approximately 35 feet north of Summer Street, -- One pole. Lowell Street, westerly side, southerly from a point approximately 200 feet south of Summer Street, -- Five poles. Lowell Street, southwesterly side, approximately 775 feet northwest of Fairlawn Lane, --One pole. Lowell Street, southwesterly side, southeasterly from a point approximately 300 feet southeast of Woburn` Street, --Four poles. Lowell Street, southwesterly side, approximately 915 feet southeast of Woburn Street, --One pole. Mr. Adams reported that there was a bad fire at the dump on Saturday and said that the new access road throuh the swamp might abut some Town land and pos- sibly a Town dump could be started. Mr. James recalled that Mr. Reiss had offered his land for use as a Town dump. Town Mr. Adams reported that Mr. Carroll had sug- Dump gested using the Utica Street pit for sanitary fill with an entrance over Busa's land which would elimi- nate traffic over Utica Street. 58 Mrs. Morey said, she felt theBoard should take some action to acquire this property quickly. The Chairman reported that Mr. Hamilton, who purchased the Freeman property at the corner of Massachusetts Avenue and Worthen Road, wants a sewer Hamilton connected to these two lots. He is going before the sewer Board of Appeals to request permission to divide the land into two lots. Mr. Carroll explained that the problem is not one that can be easily solved, beeause there is a sewer manhole at the intersection which is about 71 deep. Mr. Hamilton asked him, if he purchased the land, if the sewer could be extended to service those lots. Mr. Carroll told him he thought theoretically it might be but he wanted to make sure. He checked the profile and theoretically it is possible to run a sewer and catch both of these lots. However, from a practical standpoint, there is a drain which has to be crossed, a 4" gas main, an 8" water main, a 16" water main and a telephone line up to the air base. He said he was able to check the grades to every one of these, but it is so close to the bottom of the 16" water main with the sewer he was very much concerned as to what would happen if that main was hit. He explained that it would cost in the neighborhood of $500 to $1,000 to relocate a 16" water main. Then the tele- phone cable came up. He said that he personally went in and it is about seven feet deep below Massachusetts Avenue which means they are directly in the path of this sewer. He stated that he told Mr. Hamilton it could be done, but he wanted the Board to know about it. He said that telephone line is very important and it will be expensive to relocate it. The Chairman asked if there would be a sewer in Worthen Road some day and Mr. Carroll replied in the affirmative. He said that at each end of Worthen Road there is a sewer which is too high to serve it. Worthen Road will have to be sewered by a small pumping station somewhere in the middle, with a force main going toward Bedford Street. Mr. Carroll reported that Mr. Hamilton has been to see him several times and has also met with the Board of Health. He said he attended a meeting of the Board of Health and that Board's feeling was that it would not approve any building in there. Mrs. Morey asked if an easement could be obtained from the Home for the Aged and join the line where it is lower, and Mr. Carroll replied that it would not be practical. Mr. Adams asked if this land was part of the lot 1 1 59 the Town purchased and the Chairman replied in the af- firmative. Mr.James explained that the Town took it from the Freemans. Mr. Adams said that some day the Town would have to put a sewer in Worthen Road. Mr. Carroll said, exclusive of the cost of relo- cating the telephone cable, and assuming that the 16" main has to be moved, it will run into $2,500 to 63,000. It seemed to be the opinion of the Board that it was not practical to consider a sewer to service these two lots. Messrs. James and Carroll retired at 8:35 P. M. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that he had received Mr. Gharles G. Davis' resignation as a member of the Historic Districts Commission, effective May 1, 1959. Resignation Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to accept Mr. Davis' resignation. The Chairman read a letter fromthe Lexington Arts Historic and Crafts Society, Inc., advising that Carl E. Bryant Districts and Andrew Dreseelly had been nominated as candidates Commission for appointment as Associate Members of the Historic Districts Commission. Letter was received from the Superior Funeral Coach Sales, Inc., advising that they will be willing to hold the ambulance bid open until April 15th. Ambulance Letter was received from the I. W. Douglas Co. ad- Vising that their bid for the ambulance would be held open for action by the Board. The Chairman read a letter from James Carroll, advising that he has re -appointed Miss Mar cDonough Appointment as Assistant Town Clerk and Assistant Town Treasurer for a period of one year. Further consideration was given to Barman's Market, Inc. application for a transfer BC Package Goods Store license from 12-1L Massachusetts Avenue to 55 Massachu- setts assachu- setts Avenue. The Chairman reported that Mr. Berman stated to him that they would use the entire area for parking. The Chairman told him that the Board was concerned about him selling any of the land and he advised that he has no plans to sell and will use the entire area for parking. License Mr. Ferguson said that it might solve everyone's 60 problem if the application was sent back to Mr. Berman License so that he could describe the area at 55 Massachusetts Avenue as consisting of so many feet which is to be used for parking. The Board felt that the license as described was sufficient and upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to grant the license subject to approval of the Alcoholic Beverages Control Commission. Mrs. Morey reported that she was told by someone who was talking with Mr. Purinton that he was going to Civil meet with the Board this week to discuss Civil Defense. Defense The Chairman said he thought Mr. Purinton should meet with the Board and he said he also thought he should have an assistant. Its was agreed to make an appointment for Mr. Purinton to meet with the Board next Tuesday night. The Chairman read a letter from Gardner C. Fer- Resignation guson resigning immediately as a member of the Recreation Committee. Mr. Ferguson advised the Board that he had also submitted his resignation to Mr. Carroll, Town Clerk, Mr. Ferguson suggested Mr. William Caterino as a replacement and the Chairman agreed to contact him to determine whether or not he would be willing to servecon the Committee. Upon motion duly made and seconded, it was voted to hold the next regular meeting of the Board on Tues- day, March 17, 1959, inasmuch as the Annual Town Meet- ing will be held on Monday. As required by Section 2, Article XIII of the General By -Laws, the Appropriation Committee, Chairman of the School Committee, Chairman of the Board of As- sessors, and Mr. Smith, representing the Chairman of the Cemetery Commissioners, met with the Board to con- sider the items which make up the annual budget. Mr. Richards explained that the Appropriation Com - Budget mittee had reduced the Planning Board Expenses budget Meeting $500 because the amount for the Master Plan appropriated last year was not all used. Mr. Richards said the Committee would take under advisement the Recreation Committee budget which was reduced to $4,000. The Chairman explained that the Selectmen felt the Secretary of the Board of Assessors should be given an increase. He said thatthe Board had written to every Department head advising that the Selectmen intended 1 to hold the line on salaries and wages, approving only merit increases or correcting inequalities. He said the Board felt that the Secretary and Assistant Asses- sor qualified for a merit increase and therefore approved the salary at the rate of $6300 per year. Mr. Cass said that the Board of Assessors heartily agreed and thinks the Secretary deserves an inerease because he is an expert in his line. The Chairman said the Board of Selectmen had not acted on the Law Department Budgets and Mr. Richards ad- vised that the Appropriation Committee assumed the amounts were the same as last year. Mr. Palmer reported that Town Counsel advised him in a telephone conversation that he was going to submit his budgets using last year's figures. The Chairman said that the Welfare Agent who handles about a quarter of a million dollars of the Town's money and who has done an excellent job, according to the Wel- fare Board, receives leas than the custodian at the High Schbol and he thought that was out of line. He reported that he had discussed the subject with Mr. Lombard, Chairman of the Welfare Board, who advised that the Agent has recovered a substantial amount of money for the Town and is a very conscientious worker. Even though the Board reviews each case, it depends a great deal on his judg- ment and the members feel he is entitled to a merit in- crease. The Chairman said thereis a amall problem on the Social Worker which amounts to about 444 per week. He advised that the Board of Selectmen would like to go along with the amount requested for the Agent which it believes is justified. The Appropriation Committee retired at 10:10 P. M. Mr. Adams mentioned the Hancock Church controversy and said he thought the Selectmen, not as an official Board, but being the Selectmen, should interest them- selves in the problem and arrange a meeting of the two groups before Town Meeting. It was agreed to invite the Historic Districts Commission and the Church Building Committee, or whomever else they wanted to delegate, to meet on Saturday morning, March 14th, in the Selectmen's Room at nine o'clock. Mr. Adams reported that he met Mr. Cataldo the other day looking at the railroad station for which he has a front elevation of the restoration which is very good. He said during the conversation the re- mainder of the land was mentioned. Mr. Cataldo is having the siding pulled out. Mr. Adams said the other parking lots are now inadequate and some thought was given to leasing this land and using it for long-time parking. Mr. Cataldo is Hancock Church Parking willing to listen to any suggestion and Mr. Adams thought he would be very co-operative. He said he thought the subject should be explored, and suggested inviting Mr. Cataldo to meet with the Board. The Chairman said that when this first came up, it was discussed with Mr. Snow and Mr. Cataldo sug- gested that at least part of the area would make a good parking lot. During the negotiations, the pro- perty was almost acquired by the Grossman Lumber Co. but Mr. Cataldo felt that he did not want a car loading yard around his building. Mr. Adams said that Mr. Cataldo was successful in getting the railroad to agree to remove the siding. Mr. Ferguson asked if Mr. Adams' idea was to lease the property from Mr. Cataldo, and he replied in the affirmative. He said it seems to be the answer to certain problems. M. Morey suggested that the Board have a land layout to look at. Mr. Ferguson said the first question the Board will be asked is why it waited until Mr. Cataldo pur- chased the property and then leased it from him. Mr. Adams explained that up to this time, the Boston & Maine insisted on loading rights. Mr. Ferguson said that Mr. Cataldo was able to acquire the property from the railroad. Mr. Adams said that the subject is not up for a decision this year. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to make the following annual appointments: ANNUAL APPOINTMENTS March 31, 1959 - March 31, 1960 Board of Appeals Board of Appeals (Associate Bridge Charitable Fund Constable Dental Clinic 1 Thomas G. Lynah (5 year term) Members)George W. Emery Charles H. Norris James A.Harding, Jr. Donald R. Grant, '60 Wm. R. McEwen, Jr. '62 Charles E. Moloy Paul F. Poehler, Jr. Elizabeth Haroian Phyllis E. Black ANNUAL APPOINTMENTS (CONT'D.) Director of Veterans' Benefits and Services Executive Clerk, Selectmen Fence Viewers Field Drivers Insect Pest Control Superintendent Lockup Keeper Posture Clinic Agnes F. Manning Gertrude A. Flynn Alice W. Hammer Marion Colby M. Ilene Nielsen Esther Sherman Public Weighers Pinblic Works Superintendent Registrars of Voters Town Counsel Town Engineer Veterans! Graves Officer Wire Inspector 63 Maurice D. Healy Hazel J. Murray Reverend Harold T. Handley John Garrity John W. Rycroft Benjamin W. Day Paul E. Mazerall John W. Rycroft Eleanor T. Massimilla Pauline F. Fontas Joan G. O'Brien Charlotte B. Guild - Priscilla Ir', McEwen Christine Merrifield The meeting adjourned at 10:40 P. V. A true reetard Attest: Harold I. Wellington Edward F. Skinner John J. Carroll Jasper A. Lane (3 year term) Harold E. Stevens John J. Carroll Maurice D. Healy Robert K. Jeremiah Exec ive lark, Select." 64 Minutes Contracts SELEC TMEN' S MEETING March 17, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, March 17, 1959, at 7:30 P. M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were pre- sent. Mr. Stevens, Town ounsel, Mr. Carroll, Super- intendent of Public Works, and the Executive Clerk were present. Upon motion duly made and seconded, it was voted to approve the records of the meeting held .on March 9, 1959, subject to minor changes. Mr. Stevens presented five copies of Contract No. 4 for Sewers, Force Main and P mping Station, between the Town of Lexington and Frank Frederick Construction Co., Inc. Upon motion duly made and seconded, it was voted to sign the contracts. Mr. Stevens retired. The Chairman read a letter from Paul F. Poehler, Jr., Interim Superintendent of Schools, relative to street lighting on Colony Road between Adams Street and the Fiske School. Street Inasmuch as the section of road referred to as Lights Colony Road is a school driveway, the subject was re- ferred to the School Committee. The Chairman read a letter from Mr. Eugene: Buckley, 22 Grant Street, advising thEt the area in front of his home has not bean cleared of snow. He stated that it is a turning point for all cars coming over from the Center and is a busy entrance into Grant Place. Snow Mr. Carroll reported that snow removal in the area removal was not as good this year as it has been and he would make an effort to see that a more satisfactory job is done in the future. The Chairman read a letter from the Board of Fire Engineers extending thanks for the co-operation and assistance rendered by the Public Works Department in extinguishing a recent fire at the dump. 1 65 The Chairman read a letter from Mr. William Roger Greeley in regard to reducing the traffic hazard at the curve on Massachusetts Avenue and Pelham Road. Traffic The Chairman was authorized to advise Mr. Greeley that the subject has been under consideration for some time and will be discussed again with the Grey Nums in connection with their plans for further development to determine whether or not another means of access can be worked out. Mr. Adams said he thought this would be a proper subject for next year's budget. The Chairman read a letter from Chief Rycroft in regard to a complaint registered by Mr. Charles H. Blanchard, 9 Rockville Avenue, concerning an abandoned refrigerator on the front lawn at 15 Rockville Avenue. Complaint The Chief had an investigation made and it was found that the refrigerator had no doors and therefore could not be elAssified as dangerous. The officer agreed that it was an eyesore, but as there is no violation of the law, nothing was done about the re- frigerator. The Chairman read a letter from Mrs. Dexter Smith requesting permission to use a portion of the Willard property for a Girl Scout outing to be held some Saturday in May. Willard It was decided to discuss the use of the pro- property perty with Town (Jounsel next Monday night before re- plying to Mrs. Smith's request. The Chairman read a letter from the National Honor Society of the Lexington High School, request- ing permission to operate a traveling booth on April Traveling 20th to serve coffee, hot chocolate and doughnuts. booth The Board was not in favor of a traveling booth April 20th and authorized the Chairman to ask the Society to designate a particular location for the Board to con- sider. The Chairman read a letter from the Battle Green Chapter, Order of DeMolay, requesting permission to sell ice cream on April 20th between 10;00 A.M. and DeMolay 5:00 P. M. along Bedford Street and Massachusetts April 20th Avenue, from the Masonic Temple south to Muzzey Street, and to maintain a stand on the Masonic Temple property at the corner of Harrington Road and Bedford Street. Upon motion duly made and seconded, it was voted to grant the request, a similar request having been granted last year. 66' Cert. of Inc. Complaint Bond Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation application on behalf of Kenneth J. Button, a satisfactory character reference having been received from the Chief of Police. The Chairman read a letter from Reverend Norman B. Cowley, North Carver, registering a complaint against John Stanos, proprietor or manager of the Howard D. Johnson Co. Restaurant on Route 128. It was agreed to write Mr. Stanos advising him of the complaint and ask to hear from him on the subject. If, upon receipt of a letter from Mr. Stanos, the Board is not satisfied, an appointment will be made for him to discuss the matter at a Board meeting. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to approve a bond on behalf of Kenneth M. Cox, Constable, in the amount of $1,000 for a term of one year. Upon motion of Mr. Adams, seconded by Mr. James, Bond it was voted to approve a bond on behalf of Paul Edward Furdoh, Constable, in the amount of $1,000 for a term of one year. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to appoint William F. Caterino, 22 Deering Appointment Avenue, a member of the Re¢mation Committee for an un- expired term ending April 30, 1960, to fill the vacancy caused by the resignation of Mr. Gardner C. Ferguson. A form letter was received from Freedom, Inc., rela- tive to appointment of a local committee to assist the Massachusetts High School Students Overseas Project for 1959. No action was taken on the matter. Licenses Upon motion of Mr. Adams, seconded by Mr. James, it was voted to renew the following Auctioneer Licenses: W. S. Couette Jeanette M. Kanis Walter W..Custance 1710 Mass. Avenue 93 Spring Street 502 Main St.,Acton Auctioneer (renewal) n n Upon motion of Mr. Adams, seconded by Mr. James, it was voted to re -appoint Donald K. Irwin, Building Inspector Appointments for a term expiring March 31, 1960; John B. Byrne, Jr., Plumbing Inspector fmr a term expiring March 31, 1960 and Edward A. Palmer Town Accountant for a term expiring March 31, 1962. 1 Pt 1 The Planning Board met with the Selectmen to discuss the proposed location of Emerson Road. Mr. Snow said the subject was discussed prior to the purchase of the Millyan property with the idea in mind that Emerson Road was to be laid out across Massachusetts Avenue. He outlined on the plan the proposed location and said that one portion of the road not laid out was from Massachusetts Avenue to Route 2. He explained, by use of a plan, his proposal for the layout of Emerson Road, stating that, as far as the design of that portion of the cloverleaf or interchange shown on the plan was concerned, it met the State Department of Public Works' standards. He indicated'`-. an interchange set askew of Route 2 in such a manner as to provide an overpass for Watertown Street. M. Snow said he understood this will not be a State Road but will have a State Route number, and may be constructed with Chapter 90 funds. He said the plan showed only one petal of the cloverleaf and explained that the other one would be on the land formerly owned by Techbuilt. He said the purpose of the proposed route would be to avoid widening Water- town Street where there are houses. He stated that the problemin regard to this is the fact it would sever the Peacock Farm development. This road has been so located to cross Peacock Farm about 300 feet on Watertown Street. He explained that there is a pos- sibility of relocating this road in such a way, moving fifty feet to a general easterly direction, so when the road came through it would only take three houses. He said some house will have to go but only two will be involved. The Chairman asked if they could be set back and Mr. Snow replied thA.t they will have to be completely eliminated. The Chairman asked if there was a possibility of assessing betterments on Emerson Road and Mr. Snow replied thet he did not know. He said Mr. Wilson has indicated that the Town can have the entire right of way for *1.00,. The Chairman asked if there would be an opportunity to develop homes on this road and Mr. Snow replied in the affirmative. Mr. Snow said if the Town shows some action in re- gard to a portion of this road, the State will connect to it. It would be a matter of mutual agreement, some- thing to be worked out. Mr. James said he thought it should be located *where on the plan said departments$ preliminary studies called for Emerson Road. 68 where it will do the least harm. ?dr. Carroll said that the layout as proposed was fine, as far as he was concerned, for the sewer. The Board of Selectmen felt that the road should be located where it would do the least damage and would be the most economical and direct route. The Planning Board retired at 10:00 P. M. and the meeting adjourned. A true record, attest: xective leSelect n. aJ CC 1 SEIE C TMEN ' S MEETING March 23, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 23, 1959, at 7:30 P.M. Chairman Maloney, Messrs. Adams, Ferguson and Mrs. Morey were present. Mr. John J. Carroll, Superintendent of Public Works, Mr. Harold Stevens, Town Counsel, and the Acting Clerk were also present. Mr. Raymond W. James came to the meeting at 8:35 P.M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors, and the following individuals were drawn for jury duty: Mr. Arthur J. O'Leary, 19 Normandy Road; Joseph A. Blume, 18 Hamilton Road; Raymond Hutchins, 2 Weston Street and Edward J. McCann, 32 Grove Street. Mr. Carroll retired. The minutes of the Selectmen's meeting held on March 17, 1959, were approved subject to minor cor- rections. The letter from Mrs. Dexter Smith, 55 Hancock Street, held over, relative to the "Willard Property" being used for the Girl Scouts one Saturday in May, was discussed. A copy of this letter had previously been sent to Mr. Stevens. Mr. Stevens felt that tte Board should advise the Recreation Committee of the restrictions on its use, that it is now available for use, and we should like to be consulted about programs thea will be scheduled. Mr. Stevens suggested thgt a letter be written to Mrs. Smith, telling her that her letter is being refer- red to the Recreation Committee. Mr. Adams suggested that the Fire Warden check it to this case. Mrs. Morey felt that as each area becomes available, the Re msetion Committee should look the area over and recommend how it should be used. Mr. Stevens said he advised the Recreation Committee when the property was acquired, also the Assessors and Police, but felt the Fire and Police Departments should also be notified from the point of view of protection. Mr. Stevens said this raises another question, -- of Sun Valley. At present we have two or three parcels, 69 Jurors Minutes Recreation Willard Property 70 Planning Board Petition for legis- lation Options Accident April 20th two are separated by intervening land sold to two owners. The decision should be made whether we are going to get enough land to cut through with a connection. The Plan- ning Board has this under consideration for an early decision. Mr. Stevens presented a petition for legislation to validate the appropriation to Mark Moore (Article 61). He said it should be signed with the Selectmen's names and addresses and mailed to Mr. William Madden this evening. The Board signed the petition and Mr. Stevens took it for mailing. Mr. Stevens reported that we how option of the Middleby Road land. He asked Mr. Carroll to proceed with the area and of theSwenson lot on Marrett East Lexington School site. Mr. Stevens retired to attend another meeting. The Chairman read a letter from Anita Dale Sey- mour, 161+0 Massachusetts Avenue, relative to her ac- cident on the sidewalk in front of the Motel on Massachusetts Avenue. Mr. Stevens reported t ha t he had talked with her and suggested that the Board write and inform her that he would keep her advised. Mrs. Morey spoke of another accident which hap- peneld this morning just this side of Cheryl's Bakery, where the sidewalk does not quite meet the excavated part. She wondered if there was any reason a surface could not be put on that Sidewalk now. Mr. Carroll replied ttat there is too much frost in the ground there as thesun does not strike that side of the street. He said he could put more gravel in and would take care of it tomorrow. have the last said he had plans of this Road and the The Chairman read a letter from.the Lexington Junior Chamber of Commerce, requesting a permit to set up and operate a refreshment booth at the Depot Square Green on April 20th. In conjunction with the booth, they wished to operate a merry-go-round for eight children whichlhe Cott Beverage Company would supply. Mrrs. Morey said that the Town did not allow it on the Common and this should be treated like the com- mon. The Board unanimously agreed that Emery Park should not be used. It was suggested that a latter be written advising them of this fact, but that the 1 71 Library Trustees have offered the Massachusetts Avenue driveway of Cary Memorial Library as a suitable site for their merry- .round and Booth. The Chairman read a letter from William Meadows, Jr., relative to his vacation pay. Mr. James said he had three comments on the let- Vacation ter. First, who told him that the checks would be pay coming, had no right to. Second, he could have taken his vacation early in January. He could not have, since our vacation policy distinctly says that the vacation period is from June first through Labor Day. Third, his vacation last year was for 1958, the calendar year 1958. Since he resigned early in 1959, he had not earned any vacation for 1959. Upon motion duly made and seconded, it was voted to approve bond #741127 on behalf of Ethel U. Rich, Tax Collector, in the amount of $97,800.00; also bond on behalf of James J. Carroll, Town Treasurer, in the amount of $76,200.00. Upon motion duly made and seconded, it was voted Licenses to approve the following licenses: Robert N. Cann 48 Hancock St. Auctioneer (renewal) James Joseph Green 8 Fiske Road n e Mr. Charles H. eole of the Board of Health, met with the Board with reference to the Hamilton sewer. Mr. Hamilton purchased the property at the corner of Massachusetts Avenue and Worthen Road and wishes a sewer to service these two lots, since the Board of Health will not permit septic tanks in the area. Mr. Maloney said he made it very clear to Mr. Hamilton that he would have to pay for it. He said he felt it would not be good policy to allow it. In any event, he felt it should be at his expense. Mr. Cole informally presented a proposal for a re- zoning of an area bounded by Spring Street, Route 2 and 128, more or less, as an apartment house area, for luxury apartments, totalling probably $5,000,000.00. His plans caused considerable discussion. Bonds Mr. Carroll retired. Mr. Ferguson requested the 9 Hancock Street pro- perty to be put on theagenda this evening relative to the Red Cross. He said he had had two or three people 72: ask what the situation is. He said he understood they have had a letter in for quite some time on it. 9 Hancock St. Mr. James said there was a difference of opinion Red Cross among the members of the Board for the Red Cross. They held to the point that the amount of fixing up they would require for tL r operations would not amount to much and we took the stabd that we wanted it done right. The Chairman said that when Mr. Gayer and Mr. Carroll looked it over, the building did not have historical value enough to warrant putting it in condition. Mr. Ferguson said from what he had heard from the Red Cross, they were not looking for a permanent location for a year or two. The Chairman said if they occupy a building, it always becomes one of those permanent things. Mr. Ferguson said the Red Cross feels this building will serve their purposes and will do very nicely. The Red Cross is a charitable organizationlhat hes done a lot of good. Possibly in that situation the Town is justi- fied in bending over backwards. What they would be will- ing to do is to send a letter that they would be completely responsible; keep it in repair, etc. It sounded reasonable. The Chairman replied that what they told us was nothing more than a makeshift job. This building, in our opinion, is in such nondition it should be torn down, and to put it in a good condition would cost a lot of money. Mr. Ferguson said at the moment, the building has to stay just as it is, and there it is for another year. There would be no harm done if theRed Cross were to use it. The Chairman said once they went in, we would have no further control over it. If it is going to be fixed up, it is going to continue to be a landmark for our Town. Mr. Janes suggested turning it over to the Historical Society and let them rent it. The Chairman said he did not think it was adequate for the Red Cross, and he felt now was thetime to put them in a place that is suitable and adequate. Mr. Nickerson, Chairman of the Board of Appeals, came in at 9 P.M. He said he thought we were going to be faced with requests for outside signs and this was the first one. This is a request from Cabot, Cabot and Forbes for an illuminated sign 46' long x 20' high to be facing from Route 128 both ways. 1,000 square feet is a lot of sign. The sign would be completely erected by the first of July this year. This sign would be on the land they have agreed to sell to Raytheon, and would be way out of order on size. If we start a precedent, we are going to have many requests 1 for signs in Lexington. He wanted to know if we should go along with these neighbors, take care of them on a temporary basis, unless we had a positive feeling. The Chairman said we had never discussed it. Mr. James said when we were writing sign by-laws, this is what we wanted to avoid. The Clerk was dismissed at 9:10 P.M. and the Board continued their discussion. A true record, Attest: Acting Clerk, Selectmen. 0 73 74. Minutes SELEC TMEN'S MEETING March 30, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 30, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. John J. Canoll, Superintendent of Public Works, and the Executive Clerk were also present. The minutes of the Selectmen's Meeting held on March 23, 1959, were declared approved. The Chairman read a letter from George A. Clemow, Chairman of the Board of Trustees of the Methodist Church, expressing appregiation of the church for the assistance provided by the 'own in plowing the snow from the parking lot. He also asked if the Town had planned for sidewalks in front df the church. The Chairman said he thought the Town should install a sidewalk in front of the church property. Mrs. Morey advised that there was a didewalk there before construction was started, and Mr. Carroll explained that it was a stone dust sidewalk The Chairman said that he thought a hot top sidewalk should be constructed in that area, and Mr. Carroll said that the Town has installed sidewalks in front of most of the churches. Mrs. Morey suggested that, in the future, when curb- ing is installed in front of churches, the sidewalk should be done at the same time. Mrs. Morey asked if Mr. Carroll was planning to put a sidewalk in front of the Medical Building on Clarke Street. She suggested the installation of a sidewalk with the assessment of betterments. The Chairman said that usually betterment sidewalks are requested by the property owner and Mrs. Morey said that the Center could be prompted to submit a request for a sidewalk. Mr. Adams said that on Muzzey Street, and many other places, the sidewalks are in a bad condition. Mr. Maloney said the Center could be prompted to re- quest a sidewalk and could be told that it can be done very reasonably. The Chairman read a letter from the' Board of Fire Commissioners advising that they understood some dis- cussion had been held regarding a change in the salary 1 schedule for the Police and Fire Departments. This change would reduce from twelve to six years the time required to reach maximum salary for a Private and would require a transfer of $1375. Mr. Adams explained that this came about as a result of some of his discussion. He said that the Chief of Police suggested shortening the period and the Board said yes, but nothing was done about it. He explained that the Chief has sufficient funds be- cause Officer Meadows resigned. Mr. James said that if the Fire Department should have a retirement about the first of June or July, funds would be available. Mr. Ferguson stated that he understood there were to be no increases in salaries except on a merit basis, and this in effect is an increase for both the Fire and Police Departments. He said it was also brought out at the Town Meeting that there were to be no in- creases except one or two merit increases arfi this is not in that category. Mr. Adams said that there were increases because of this twelve-year schedule voted last year. He stated that Chief Rycroft made the statement before Town Meeting but no action was taken. Mrs. Morey said that when the Chief made the sug- gestion, it was presented as an idea and the Board may have said it was a good idea, but it did not authorize him to put it into effect. Mr. Ferguson said that the school teachers have a schedule and their salaries automatically go up and it is not considered a raise; the police and fire salaries go up. He said tha only ones that haven't been taken care of are the clerks here and he did not think it was right. Mrs. Morey said she never felt that the Board said to change from twelve to six years. Mr. James recalled that when this twelve-year schedule was put into effect a year ago, all the police and fireman were very happy about it. He said he did recallithat Chief Rycroft proposed a six-year schedule. Mr. Ferguson said that he thought there were to be merit increases only and this is a general increase with no merit in it. Mr. Adams explained that it would not affect all the men and Mr. James said that everyone from three to twelve years on the force would benefit. He said under this, it would be possible for some men to receive a $300 raise. Mrs. Morey said she thought a schedule change such as this should come before Town Meeting. 75 Salaries 76 Mr. James said he thought it is a little early to make a change such as this with the other schedule having been in effect only a year. Mr. Ferguson said he thought some employees may be under the impression that the salary will be more than it is going to be. Mr. James said he did not want any change made right now. Mr. Stevens arrived at the meeting at 7:55 P.M. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to advise the Police and Fire Departments that the Board has agreed to hold the salary schedule as it was in 1958 and that the subject would be con- sidered when budgets are being discussed for 1960. Mr. William R. Page, 25 Oakland Street, Lexington, met with the Board. He stated that he was present to ask for some backing from the Board for a weekend in May when a group of United Nations Secretariat people are coming to Lexington, the weekend of May 15, 16 and 17th. He explained that he has discussed the matter with Mr. U.N. Gustin who advised him thati,the Town Celebrations Com - Secretariat mittee is a by-law committee restricted by the by-law weekend to the celebration of United Nations Day and Patriots Day and such other days as the Selectmen may designate. He said this is an event where about fifteen to thirty people, depending on what happens within the next few weeks, will be coming here Friday night and spending the weekend with different people in Lexington. He said he would._ like to get some town wide participation, and has contacted the Rotary, Lions, churches, etc. The Lions and Rotary indicated that they would prefer to have this on a Town Celebrations Committee basis or on a Lex- ington Historical Society basis. He said he was now asking if the Board of Selectmen would see fit to endorse the idea. Mr. Page said th_=.t there is a voluntary agency in the United Nations Secretariat who represents other United Nations personnel, arranging for different week- end events within a two or three hundred mile radius of New York for entertaining the United Nations people. He visited the agency in New York two months ago and dis- cussed the idea with the Town Celebrations Committee two weeks agol. They indicated an interest but wanted more information. He explained that the weekend available where the people could come up was not a United Nations Dayweekend,but this weekend in May. Mr. Gustin sug- gested y g gested that he discuss the subject with the Selectmen and that is where the matter now stands. He said he would like some endorsement from the Board either official or unofficial. He stated that the weekend will not cost the Town anything as the people pay for their own transportation, Onvi 0.4 1 1 1 and the expense would be covered by ah admission charge. He said there is usually a get-together on Saturday night. He said theUnited World Federalists are behind this and the League is behind it. He dis- cussed the matter with the President of the Junior Chamber of Commerce and he said the Board would back it pending a vote of that organization. He stated that he has talked with Mr. Marshall and Mr. MacNeil of the Lions and Rotary Clubs to see if they would back it, but it would be better to have it on as broad a par- ticipation as possible. He said he thought it would make a good impression if there is a town -wide backing which does not have to be official. Mr. James asked what the program would be in Lex- ington, as Mr. Page sees it, during those three days. Mr. Page replied that the suggestion made to him was that there would be only one get-together of the group on a Saturday night. Belmont, Concord and Wellesley have done this and in Belmont they had a square dance. He said they like to have some event where the people of the town have a chance to meet the people of the Secretariat. The rest is up to the host and hostesses. Mr. James said that the participation ton the part of the Town Celebrations Committee would be assistance in arranging this function and carrying it out and asked Mr. Page if that was correct. Mr. Page replied tht the guests have to be assigned to different homes in Town. The United Nations asks that some information be given on each one of the people who will entertain the group. Mr. James asked if obtaining these volunteers would bea function of the Town Celebrations Committee and Mr. Page replied in the affirmative. Mr. Page said that the group that comes will not have been in the area before and the people will want to take them to Concord. Whatever entertainment is provided will be novel to them. The Chairman asked who sponsored the program in Concord, Belmont and Wellesley. Mr. Page replied that it was sponsored by the League in Belmont and Wellesley but he did not know who did it in Concord. The Chairman asked if he was looking for someone to sponsor the program in Lexington and Mr. Page replied that it was suggested b Mr. John MacNeil of Rotary that it be sponsored by the Town Celebrations Committee or the Historical Society. Mr. Page explained that he was connected with the Belmont weekend, is a United World Federalist himself and interested in anything that will help to get people from other countries better acquainted with the people 77: 78 in this country. He said heiblt it was one way to help those people to know what the people here are like. The Chairman asked if Mr. Page had any group that was willing to sponsor this right now and Mr. Page re- plied the United World Federalists, the League of Women Voters and tentatively the Junior Chamber of Commerce. The Chairman said he hesitated to involve the Town Celebrations Committee as it seemed an imposition having in mind the effort that group has put into preparation for the celebration of April 19th. Mr. Adams asked if there would be thirty families here and Mr. Page replied that it means fifteen or twenty because some of them are husband and wife. He said most of the work would be taken care of by the people who have volunteered to help so far. He stated that if the Town Celebrations Committee was to participate, and having Mrs. Cheever, who is willing to help, would aid in putting it across. He said it would make a better impression to have the whole town behind it. The Chairman said that the Board would discuss the subject and try to arrive at some answer that might be of some help. Mr. Adams asked if this program was going to be set up on a yearly basis and Mr. Page replied that he had not thought about that. He said he did not think Belmont was doing it again. He said that Worcester is doing it April 19th and Weston is trying for the first of May. Mr. Page retired at 8:10 P.M. Mr. James said that he would be willing to go along with the program if the Town Celebrations Committee wants to take it on a voluntary basis. Mr. Adams said that he did not think this should be done by a private individual, but he was in favor of having it done by the Town Celebrations C ommIttee. He said he thought it a proper function of the own to of- ficially endorse it once it is under way. He said he would go along and see if the Town Celebrations Committee would do it. Mr. James said if they wanted to do it voluntarily, but he would not ask them to do it. Mr. Ferguson suggested that Mr. Page be advised that the Board is willing, if he wants to get some organizations to sponsor it, to go ahead, but that is it. Mr. Adams said he would hot like to see the United World Federalists as the sponsoring agent, but he did be- lieve it a desirable project. Mr. Ferguson said he would be in favor of encouraging it, but did not want to sponsor it. 1 79 It was agreed to go along with the program if the Town Celebrations Committee wants to undertake it on a voluntary basis, but that group is not to be asked to do it. Mr. Page is to be advised after the Board hears from the Town Celebrations Committee. Upon motion duly made and seconded, it was voted to execute -the .instrument, prepared by Town Counsel, releasing the sewer easement in land abutting on lot Sewer 233 Freemont Street that had been granted to the £own Easement by Leeland Construction Co., Inc. This action was taken pursuant to tia vote adopted under Article 33 of the Warrant for the 1959 Annual Town Meeting. Mr. Stevens presented a plan showing the property owned by Gray taken for the new Junior High School and explained that the Town has a twenty-five foot sewer easement through it. Mr. Reenstierna appraised the value of the lot as $4,000 and Gray wanted $20,000. Land In his answer to interrogatories he had it down to Taking $10,000. He explained that he had a conference with Gray's attorney and their expert figures $4800. Mr. Stevens advised the attorney that $4,000 was a very generous payment. The expert thought the lot was worth $6,000 but depreciated because of the easement which brought it down. Mr. Stevens reported that two lots, 60 and 65, sold together for $9500 and were only sold at this low figure because fill was required. He said that if Gray is willing to go along, the case has reached the point now where it should be settled for $4500. The Chairman said he thought it would be wise to. try and compromise ani Mr. Stevens said that he will offer $4500. Mr. Stevens said he hoped the Board would give some consideration to the matter of an Executive Secretary as he just can't keep up. He said there are a number of towns that now have one and some have had one for a good many years. He said the Board could appoint a committee to work on it. He explained that there is a Statute that can be accepted, but he did not think it necessary, which would give the Executive Secretary a certain amount of power. He said that in Belmont the Town Clerk, who is only Town Clerk and not Town Treasurer, is also Clerk to the Board of Selectmen. He said he thought there should be someone to work with all the different departments and act as a liaison which would seem much better than a Town Manager until such time as the Board is forced into having a Town Manager. Executive Secretary 80 The Chairman read a letter from Benjamin W. White, President Board of Trustees, Peacock Farms Association, Swimming in feference to the swimming pool that is proposed to Pool be built on Association land. The Chairman also read Mr. Stevens' reply, advising that there is no liability on the Town. Mr. Carroll reminded the Board that Mr. Frederick Maloney's sick leave would expire March 31st. He talked to Mr. Maloney today on the telephone and was advised that the doctor said he is coming along very well, but would not give him an answer as to when he would be able to return to work. He has improved to the extent that he is now driving a car. Mr. Adams recalled that there have been a number of instances where the time has been extended. Mrs. Morey asked if there was any reason why Mr. Carroll could not go along on half pay basis. Mr. Carroll replied that there ,have been cases where people have gone along on full pay for more than two months; however, this is only hearsay on his part. Mrs. Morey said she remembered instances in the School Department where they received half pay. Mr. Adams explained that there had been a number of cases in other departments of sickness for periods Sick Leave much longer than Mr. Maloney's, for which full pay had been received. Mr. James asked what Mr. Carroll would have Mr. Maloney do, presuming he returns to work within a month, and Mr. Carroll replied that he was a foreman when he left as well as a shovel operator, and he would be a foreman when he returned. He said that Mr. Maloney has worked for the Town about twenty-five years and to his knowledge, during the last six years he has not been sick more than one or two times during that period. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to extend the period of sick leave for another month; the subject to be reviewed again in thirty days if Mr. Maloney has not at that time returned to work. Mrs. Morey made a motion thatthe Board work on a personnel policy, which would be a guide. Mr. Ferguson said he thought each case would have to be considered as it comes along. Mr. Carroll advised that bids will be opened next Monday for the trunk sewer in East Lexington and the following Monday, bids will be opened for the Raytheon sewer and painting the standpipe. The Chairman said that two years,ago, funds were appropriated to correct the leaks in Cary Memorial Bids mri 1 1 '81 Building, but the work has not been done. Mr. Carroll said that the work has been done. Mr. James said he thought the steps were to be pulled out and a water -proofing membrane was to be put underneath. Mr. Carroll said the work was done, but not done that way, and it has been done many times. He said the steps should be taken out, there is no question about it. The Chairman said that is what theSoard thought was going to be done, and he asked Mr. Carroll to find out how much it will cost to do the job right. Mr. Ferguson said that Mr. Stevens mentioned writ- ing letters about land acquired by the Town. He said that the Town purchases land for school, recreational and other purposes and asked Mr. Stevens to whom letters would be written on those. Mr. Stevens replied that would be the case whore it is expected, at some future date, a school would be built, and he thought the Board would first find out from the School Committee what its schedule is as to when it ex- pects the land to be used. If they don't know, then he could see no reason why the land couldn't be turned over for recreation use. He said the Selectmen could ask the Recreation Committee to examine the land and make recommendations to the Board as to how it could be used. They should have some guide, however, that in five or ten years it is anticipated that a school will be erected on the land. Mr. Stevens said that something should be done in Sun Valley, where the Town ha: acquired land for some specific purpose, either to reserve it for the future or for a school. He said the Board could find out when they are going to use it and in the meantime, the Board could use it. He said he thought that when land is ac- quired, the Board should consider whether any use is to be made of it and who is to handle it. Mr. Ferguson asked Mr. Carroll if anything had been done on the Fiske School Field and he replied in the negative. Mr. Ferguson asked when work would be started arra Mr. Carroll replied as soon as the frost is out of the ground. He explained that the ground is very muddy and it is impossible to work there now. Mr. Ferguson explained that there is to be a back- stop erected and a'.diamond laid out which is to be used this year and it would be helpful if Mr. Carroll could get the work started as soon as posg.ble . Mr. Carroll retired at 9:10 P.M. 82 Civil Defense Mr. Richard Purinton met with the Board. The Chairman asked what he could tell the Board about Civil Defense and Mr. Purinton replied not very much. He said he would like to,ask some questions. He reported that he has acquired the necessary communi- 'cations equipment for the amateur group to use in any Civil Defense activities and this will be used in the April 19th morning and afternoon parades. He said there are a number of things that can be done and asked if the Board was familiar with the State evacuation plans. The Chairman replied only that information received in a letter today. Mr. Purinton explained that under the State plan, Lexington would be evacuated to Townsend, but there is a great deal of the plan that one could criticize. He said the Town government would move to Townsend and if there is no provision for it, he felt sure nothing but confusion would result. He said it depends on how seriously the matter is taken. Some townspeople have called him and expressed the opinion that something should be done. He said it seemed to him that the mem- bers of the Board of Selectmen would have to make up their minds what course of action they would take in the event of an enemy attack or war. He said with the Berlin situation as it is, there are people in Lexington who are disturbed and he thought it would do no harm to make some tentative plans that would give an idea where the Board wanted to go and how it would manage it. He said the program for the evacuation of Boston is one that would not work short of a miracle. It envisions no people running out of gasoline and 20,000 people from Lexington would be going to Townsend which at its best could take only 10,000 more people. He said thereshould be some publicity and a discussion of the problem of what to do in the schools to get the children home, about handling evacuation of children independent of action by their parents. He said most parents, in the event of any action such as an attack, would =go to the schools and try to pick up their children. Mr. Purinton said there are a number of things to be done. The appropriation of 1958 for $1500 to provide auxiliary police uniforms has not been used. He said that nowhere near the amount appropriated has been spent so he did not ask for additional funds for 1959. He reported that he has all the necessary paper work set up to take care of mathing funds for a new police transmitter. He said that piece of equipment, together with necessary auxiliary equipment, is what Chief Rycroft would like to have to give full coverage in the police cars. That will be going through within the next two or three weeks. 1 1 1 Mr. Purinton said he has been asked by Captain Maclsaac what is being done for doctors, nurses and Department of Welfare in the event of an attack. He said that under the Civil Defense organizational picture, the Director has nothing directly to do with the exe- cution of government in an area. It is an aid, but dnes not step in and run things. The Town Government runs things and it is very clearly spelled out in the law. He said,, the Board of Health and Welfare group could play a part in this. He said there should be an organization of doctors and nurses and all their names and the right place to have that is not in his files but in the Board of Health files. He said there needs to be a show of interest and direction from the Board of Selectmen. He said he did not know how interested the Board is and after May, if the Berlin crisis is solved, it will be difficult to get anyone interested. The Chairman said that there is a room set up in this building for Civil Defense. Mr. Purinton said he knew that and he would keep the antennas on the roof and use the room that is here He explained that there is no one in the room now ex- cept on Sunday evenings. The Chairman asked if the Town was adequately covered as far as communications go, and Mr. Purinton replied tht there is no question about it. Mr. Purinton said that there are many things that can be purchased with matching funds but for every dol- lar spent by the government, the Town has to ppend a dollar, and he felt it ridiculous to spend money for items that are not needed. He said he would like to get uni- forms for the auxiliary police and there is $1500 avail- able. He reported that he has talked to Chief Rycroft several times and he indicated that he would go bo Arling- ton to see what they did to get uniforms for the police in that Town. He said as far as he knows, the auxiliary police are out Halloween and that is all, but it would be helpful if they were more active. He said one of the greatest needs will be in the handling of traffic. He said that the generator is intended to operate the amateur station equipment and could be used to supply lights in this building. He said he was sure that headquarters, in terms of town needs, would be here in this building and there are no provisions for the police generator to operate the lights here. He said a generator could be purchased under matching funds that would be adequate to take care of this whole building. He said that there should be a generator to take care of this building. 84 Mr. Adams asked about the warning system and Mr. Purinton said that it is inadequate. Mr. Purinton said that if the population exceeded 50,000 and the Town had its present warning system, matching funds would not be available because of the rating. The Chairman asked how elaborate a warning system the Town should have. Mr. Purinton said that Waltham has a good system which he believes is the least costly. It is a number of small. unite placed in areas so that it can be heard throughout the Town. It is also usable as a no school warning. He said the law, he thought, required sounding the entire system once a week. The Chairman asked if anything had been planned for a warning system in Lexington and Mr. Purinton replied that it had been discussed. Mrs. Morey asked how many individuals were enrolled in the communications, exclusive of the police, and Mr. Purinton replied that there are about fifteen. He said there are seventy-five licensed amateurs in Lexington. Mrs. Morey asked if there was a list of people avail- able or if he could get them at a momentts notice, and Mr. Purinton replied th t he could get fifteen immediately who are 21midliar with the equipment. Mrs. Morey asked what he had besides the communications and he replied that there is nothing else. Mrs. Morey said that there should be a group of people who would be a Civil Defense Corps as well as a warning system. Mr. Purinton said he would like to see the Board of Health and Welfare Department involved in Civil Defense. Mrs. Morey asked how often the communications group met, and Mr.Purinton replied every Sunday night. The Chairman asked what was lacking in the Civil Defense setup, and Mr. Purinton replied that he would like to see it tied into the Town Departments, particularly Health and Welfare. He said he would like to see the Police Department do more with the auxiliary police. There is nothing wrong with the auxiliary firemen and they are very well trained. He stated thmtC hief Ryeroft felt he could get more interest if uniforms were available. The $1500 is there and ready for him, but he has done nothing about it. He said that he has no authority to tell the Chief what to do. He said the Board has a problem that could be eased somewhat if there was a plan. He explained that the Board is responsible and not the Director as he has no authority. He said there is a training program at Topsfield which should be taken by the Fire and Police, and Lexington cannot get fallout equipment unless someone is sent to the school in Topsfield. He said this equipment should be in the Police Department and to explain what it 1 85 means requires training. The Chairman asked if the men would have to remain in Topsfield, and Mr. Purinton replied that the training is on a day to day basis. Mr. Purinton said that he has not done too well because his work won't permit it and there should be regular paid Town employees trained. Mr. James asked if in the event of a disaster, natural, civil or military, the State would require people in Lexington to go to Townsend. Mr. Purinton said that in the event of military evacuation, the entire Boston area would be, he assumed, under martial law, and he presumed the Governor would have authority to order the people out of Lexington. He said under the State plan there is a rallying point at the State Barracks in Concord, but it would be futile to go to Townsend. The Chairman asked when Mr. Purinton would be able to come up with some information concerning a warning system and he replied in about six weeks. Mr. James agreed to work with Mr. Purinton. The Chairman asked if Mr. Purinton felt progress has been made and he replied in the affirmative stating that the communications is such now that strong support can be given to the Police Department. Be said the com- munications equipment covers the Town better than the Police and Fire. He said he has more equipment than operators. The Chairman asked if the next move should be for a warning system and Mr. Purinton replied in the affirma- tive. He said that would take the better part of this year, and he could have preliminary information within six weeks, which may require further study. Mr. Purinton retired at 9:55 P.M. Mr. Adams said he thought the Board should tell the Police Department that it wants some work done and also have the Department heads meet with the Board next week. Mr. James said that the Board should have a concrete proposal and an outline for a plan before asking the De- partment heads to meet. Mr. Adams asked if the Board wanted to talk with Captain Maclsaac and Mr. James said that there is a question as to whether it is worth doing or not. Mr. Ferguson asked what Mr. Adams suggested doing right now, and he replied that he could see no harm in asking the Department heads to meet with the Board. Mr. Ferguson asked him ghat his ideas were, what he wanted to do and what he wanted to accomplish. He said he was willing to listen to ideas and try to see 86 what can be done. He suggested thinking about the subject for a week. Mr. Adams said that the greatest hazard will be panic. Mr. James said that confusion is the one point and if that occurs there will be no evacuation anywhere re- gardless of the plan. Mr. Adams said that if there is panic, there should be adequate policing. Mr. Ferguson suggested that Mr. Adams investigate the Civil Defense organization in Concord and Bedford and report to the Board next week. Mr. James suggested that Captain Maclsaac be invited to meet with the Board and at that time be asked for his recommendations. Letter was received from Mrs. Edward J. Gildea, on behalf of the Pilgrim Congregational Church, requesting Stand permission to erect a temporary refreshment stand on Dr. Boyer's property at 1932 Massachusetts Avenue, on April 20th. The Board had no objection. Request was received from Reverend Harold T. Handley , on behalf of the Church of Our Redeemer, to conduct a Paper paper drive on Sunday, April 26th. Drive Upon motion duly made and seconded, it was voted to grant the request. License Police Car Bids Application was received from Robert C. King, 9 Banks Avenue, for a peddler's license to sell Cushman's Bakery products. Satisfactory character references were re- ceived from the Chief of Police. Upon motion duly made and seconded, it was voted to sign the application. Sealed bids for replacement of three police cruisers were received as follows: Rowe -Jackson Chevrolet, Inc. 1959 Chevrolet Biscayne 2 door Sedan, Less allowance on 1957 Ford, Motor #A7EG239520, net $1139.70 1959 Chevrolet Biscayne 2 door Sedan, less allowance on 1958 Ford, Motor #A8EG17895I,net 1239.70 1959 Chevrolet Biscayne, 2 door Sedan,less allowance on 1958 Ford, Motor #A8EG17955, net 1289.70 CV 1 1 Dunn Ford Sales, Inc. 1959 Ford Tudor Sedan, less allowance on 1958 Ford Tudor Sedan, Motor #A8EG178955, net $1088.90 1959 Ford Tudor Sedan, less allowance on 1958 Ford Tudor Sedan, Motor #A8EG178954, net 1088.90 1959 Ford Tudor Sedan, less allowance on 1957 Ford Tudor Sedan, Motor #A7EG239520, net 1148.90 Mawhinney Motor Sales 1959 Plymouth Patroller, 2 door sedan, less allowance on 1958 Ford, Motor #A8EG178954, net 1959 Plymouth Patroller, 2 door sedan, less allowance on 1957 Ford, Motor #A7EG239520, net 1959 Plymouth Patroller, 2 door sedan, less allowance on 1958 Ford, Motor#A8EG178955, net 938.20 1038.20 1138.20 87 Upon motion of Mr. Ferguson, seconded by Mr. Adams, it was voted to accept the low bids submitted by Mawhinney Motor Sales for two 1959 Plymouthsi and the low bid sub- mitted,:by Dunn Ford Sales Inc. for one 1959 Ford. It was agreed to write letters to the three dealers who submitted bids on a 1959 ambulance, and ask them to arrange to have an ambulance at the rear of the Town Of-. Ambulance face Building on Monday, April 6, 1959 at 5:30 P.M. at which time the Board will view them. The Chairman reported that Mr. Tucker telephoned to advise that the Lexington Historical Society does not have any interest in the so-called Garrity Property Garrity at 9 HancocV Street, and if the Red Cross wants to use House the building for two or three years, the Society has no objection. Mrs. Morey left the meeting at 10:30 P.M. The Chairman read a letter from F. Robert Naka, Chairman of the Red Cross, restating the organization's request for permission to use the building as the Chapter House. The Chairman said he would like to tell Mr. Naka that after every other avenue has been explored, the Board would give the request further consideration. Mr. Ferguson reported that the Red Cross is not being ss: 3ammell Legacy evicted; they are paying $30 a month rent in the present location and $20 a month to the Unitarian Church. They have seen the property vacant and think it would be an ideal setup. They also realize that it would be neces- sary to spend some money on it; that it is only a temporary situation and they are willing to agree to any terms set down by the Selectmen. Mr. Ferguson suggested that the Board permit the Red Cross to use the building providing the organization meets the requirements the Selectmen might set up for its occupancy, invite the Rd Cross in and tell them the type of restrictions the Board has in mind. If the restrictions are acceptable, they can ne drawn up for the Red Cross to sign. It was agreed that the members of the Board would be prepared next Monday night to decide what they want to do if the Red Cross is to be permitted to use the building, and an appointment then made inviting the Red Cross in for discussion. The Chairman read an excerpt from the Town Clerk's records relative to the Ganriell Legacy which provided for luxuries and delicacies for the inmates of the town's almshouse. It was agreed to ask Town Counsel for advice as to what should be done about the legacy and also to ask if the Lexington Home for the Aged would qualify under the terms of the will. Upon motion duly made and seconded, it was voted to make the following re -appointments: Board of Public Welfare and Old Age Assistance Bureau Harold F. Lombard Robert K. Taylor John A. Sellars Howard H. Dawes Paul F. Bartel The meeting adjourned at 11:15 P.M. A true record, Attest: xecu ive erk, Select 1 1 1 89 SELECTMEN'S MEEETING April 6, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 6, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town L'ounsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The minutes of the Selectmen's Meeting held on March 30, 1959 were declared approved. Minutes The Chairman read a letter from Mr. Stevens in regr;rd to the Jonas Gammell Legacy, which was in reply to an inquiry made by the Board. It was impossible to carry out the terms of the legacy because the Town's almshouse was abolished and on April 23, 1929, the court entered a decree setting Jonas forth thatthe income ffnm the bequest be expended by Gammell the Town in purchasing luxuries or delicacies for the Legacy town poor, wherever located. One of the requirements of the will is that income shall be expended by the overseers of the pour (now Boated of Public Welfare) and two ladies, residents of the town, to be appointed annually by the Selectmen. The Chairman suggested appointing Mrs. Mary Casey, an employee in the Welfare Department, because of her contact with the needy. Mr. Adams said that the will mentioned the poor of the town and not just those that come to the Welfare Department and suggested appointing a lady from one of the Catholic Church charitable organizations and one from the Protestant Church charitable organizations. The Chairman explained that he had suggested Mrs. Casey because every year there are people in Town who receive help but who are not receiving welfare. Mrs. Morey questioned the advisability of appoint- ing a Town employee to a position in this category. Mr. James said that he did not have anyone to sug- gest, but whoever the two people are, they should have some contribution to make about who should be the re- cipients. Mrs. Morey suggested Mrs. Alonzo West and Mrs. Wallace Knights who have had experience in distributing clothing and funds to families in need. Mr. James said he would not object to the appoint- 90 Ws ter Abandoned Swimming Pool Claim for injuries Gas Main ment of Mrs. Casey. Upon motion of Mrs. Morey, seconded it was voted to appoint Mrs. Alonzo West Casey. In the event Mrs. West declines the Mrs. Wallace Knights was second choice. Mr. Stevens again discussed improvement to the NEC water system and agreed .o arrange an informal conference with the Air Force personnel for further discussion. The Chairman read a letter from William Hammer, President of the Sun Valley Associates, requesting an investigation of an abandoned swimming pool owned by DeVries Construction Company. It was agreed to request the Building Inspector to make an investigation and submit a report to the Board. by Mr. Adams, and Mrs. Mary appointment, The Chairman read a letter from Agnes Moynihan, 29 Florence Avenue, Arlington, reporting that on March 23, 1959 she fell down on the sidewalk at 1734 Massachu- setts Avenue. She claimed that there was a defect in the sidewalk and when she fell, she struck herchead, broke her eyeglasses, injured both knees and cut a gash over her right eye. Mr. Stevens reported that he called Miss Moynihan, and one expense was for a pair of eyeglass frames for which Dr. Foley eharged $16.00. He said her:coat will ti.ave to be cleaned and she ruined a pair of stockings. She has not been to a doctor, her sister being a nurse, and her knees are still bandaged. He said he was go- ing to contact her again in about a week. Mr. Stevens retired at 8:30 P.M. Letter was received from the Mystic Valley Gas Company requesting permission to install an 8" high pressure gas main in Williams Road, Bertwell Road, Simonds Road and Preston Road from Bedford Street to Blake Road, for the purpose of augmenting the supply of gas to the Town through a new main in Bedford Street from the Bedford Airport. Mr. Carroll explained that the installation would be made on the shoulders and the pavements would not be broken except where the streets are crossed. Mrs. Morey asked if the land would be restored to its original condition after the installation, and 1 91 Mr. Carroll replied that he would specify in the per- mit what he wants done. Upon motion duly made and seconded, it was voted to grant the request subject to the provision that the work is to be done in accordance with Mr. Carroll's specifications and requirements. The Chairman read a letter from Donald B. Lindsay, 47 Wood Street, in which he submitted suggestions for control of vehicular traffic at the junction of Marrett Road, Lincoln Street and School Street at Five Forks. Traffic It was agreed to send a copy of the letter to the members of the Traffic Study Committee. The Chairman reported that a petition had been re- ceived, signed by some of the merchants in the Center, requesting an appointment to discuss the parking re- striction in the area of the Central Block. It was agreed to send a copy of this petition to Traffic the members of the Traffic Study Committee. Mr. Adams said he was not sure that the Board could not restore parking in the area but he felt the basic problem at the corner of Meriam Street is en- forcement. He said if parking is going to be permitted, there should be an officer assigned there. Mr. James said that it is difficult for drivers coming up Massachusetts Avenue to make a left turn at the statue and the traffic problem in the whole area is becoming more serious. He said he thought an ad- ditional officer was needed. Mr. Carroll retired at 8:38 P.M. Captain Maclsaac, Sector Director, Civil Defense, met with the Board. The Chairman explained that the Board has had some discussion concerning the Town's Civil Defense program and does not feel that it is adequate and thought Captain Maclsaac could advise what should':be done and how it should be done. Mr. James said that he would like to hear from Captain Maclsaac on a completely informal basis, He said he recognizes that no community can be prepared for the ultimate nor can it just not do anything. He said there must be a middle ground where for a reason- able amount the Town can get a reasonable amount of protection. Captain Maclsaac explained that up until last .August, Civil Defense was a State and Municipal affair Civil Defense 92 but with the passing of public law 85606, there is now joint responsibility, Federal, State and local. This was brought about because of the necessity for the Fed- eral Government to enter into the picture on a more financial footing. He explained that there is a pro- vision in this law for greater financial assistance. Captain Maclsaac said that there are four areas; 1 is Boston, 2 is the Cape and the Islands, 3 is Wor- cester and 4 is Springfield. Those areas are divided into Sectors and Lexington is Sector 1-C, which includes sixteen towns. He explained that the State has a train- ing center at Topsfield where individuals are trained in rescue work, laying water pipe, radio and welfare work. M. James said that he was interested in what kind of an organization the Town should have. There is a Director, and, as he understands it, a good communications group, but beyond that, the Town has substantially nothing. He asked what kind of a plan Captain Maclsaac would re- commend for Lexington. Captain Maclsaac replied that in a Town there are departments that have experts. In the event of an all out disaster or an attack, these people will be working. He said it ishis opinion that the Town can never be better prepared than to have every department in town actively on the job with the Civil Defense Director. He said there is the Public Works, Education to work on an evacuation plan to take care of the schools, Public Welfare, Board of Health. He said the Town has a trained nucleus. He said the Director should have two assistants. He said the Police and Fire Departments have contributed much to Civil Defense in many towns. He said a Town the size of Lexington should have a working organization. Mr. Adams said he understood that Cpncord has a good organization and Captain Maclsaac agreed. Mr. Adams asked how they became so well organized, and Captain Maclsaac replied that it was leadership. The Chairman asked if the Auxiliary Police should he given runs and used or trained in handling traffic. Captain Maclsaac replied that they could not assist if they did not know thdr duties. The Chairman asked if Captain MacIsaac was a full- time Director and he replied in the affirmative. He ex- plained that he is in the employ of the Massachusetts Civil Defense and is a Sector Director and Coordinator of the activities of the Town in Sector 1-C. The Chairman asked about the towns the Captain felt had done a good job, and he reported that Lieutenant Sweeney of the Arlington Police Department has done an outstanding job. In Belmont, Mr. Chaffe, not a town employee, has done a good job. 1 The Chairman asked if a police officer such as Sergeant or Lieutenant should head the Auxiliary Police, and Captain MacIsaac replied that the Chief should select the individual to head the Auxiliary Police. He said it very definitely should be someone in the Department. He reported that Cambridge has one of the best Auxiliary Police units in the country. Captain Maclsaac explained that representatives from the Civil Defense, experienced in various de- partments, would come out to Lexington at any tins to help. He said Lexington needs a plan. He said in most cities, it is a must to have a warning system. He said the system should be placed strategically and the people manufacturing the systems would ad- vise the Board. He explained that this type of equip- ment can be purchased with Matching funds. He said wardens could be very valuable in'compil- ing information as to the number of people who are am- bulatory in each house, number of cars, how many need cars, traffic control and welfare services. He said Lexington is an evacuation community because of its proximity to Hanscom Field. Captain Maclsaac said he would be glad to confer with Lexington's Director or anyone else. He retired at 9:15 P. M. Mr. Adams said he thought the members of the Board should have some definite suggestions relative to Civil Defense for next Monday's meeting. The Chairman read a letter from the Planning Board recommending that the proposed road to be don- structed by the Federal Government from Wood to Bed- ford Streets be named Hartwell Avenue in honor of one Street of the old Lexington families which resided on Wood name street in the 1850's. The Chairman read a letter from the Town Cele- brations Committee relative to arranging for the entertainment of 25 or 30 members of the United Nations Secretariat during their visit to Lexington for the weekend of May 15th to 17th. The Committee feels that it is too late to act in an official capacity and that the short time would not allow it Co do a job which would be a credit to the Town. It was agreed to send a copy of the communication, together with a copy of the Board's letter, to Mr. Wil- liam R. Page. A lengthy discussion was held relative to the use UN Secretariat 94, of the property at 9 Hancock Street by the Lexington Chapter American Red Cross for a Chapter House. Mr. Ferguson moved that the Red Cross be given #9 Hancock the use of the property on the basis that the Town Street will accept no rent, will not be held responsible for any repairs to or upkeep of the building and will not be held liable for any injury that might occur to any individual. Mrs. Morey said she would prefer to meet with the Red Cross representatives and then confirm the dis- cussion with a letter. Mr. Adams offered the following amendment: That the Red Cross be advised that the Board of Selectmen will offer a plan at the next Annual Town Meeting to either remodel the present building, demolish the pre- sent building or erect a new structure in place of the present building. The Motion as amended was seconded by Mr. James, The Chairman reported that Mr. Alexander MacMillan, 38 Walnut Street, Arlington, called him to advise that he is still interested in acquiring lot 18 and part of lot 17, Sylvia Street for which the Board had entertained an offer of $1,000. It was agreed to advise Mr. MacMillan that the price of the lots is still $1,000 and if he intends to make one building lot, it should be understood that he must take ten feet from this parcel and add it to the abutting property which he now owns and upon which there is a building. The Chairman read a letter from James G. Marshall, President of the Lexington Lion's (ilub, requesting per- mission to sell Tricorne hats on April 20th. The Board had no objection and permission was grant- ed. Tax title Permit Permit The Chairman read a letter from Carolyn Cole, Secre- tary of the National Honor Society, requesting permis- sion to sell light refreshments on April 20th in the vicinity of the East Lexington Branch Library and Hastings Park. The Board had no objection and permission was grant- ed. Letter was received from Paul Lloyd, requesting per- mission, on behalf of the !}-H Horse Club, to conduct a Horse Show at 202 Cedar Street on May 3, and to place directional signs at the junctions of Hill Street and Bedford Street, Cedar Street and Massachusetts Avenue 1 95 and Paul Revere Road and Massachusetts Avenue. The Board had no objection and permission was granted. Upon motion duly made and seconded it was voted to request the managers of the Package Goods Stores to Package remain closed on April 20th until 5:00 P.M. Goods Stores Mr. Adams suggested that the Board send a letter to all the merchants requesting them to remain closed on April 20th. Following an informal discussion,.it was agreed to have Mr. Adams prepare a proclamation relative to the observance of Patriotts Day on April 20th. Upon motion duly made and seconded, it was voted to approve surety bond 0199881, in the amount of $1,000, on behalf of Donald K. Irwin, Building Inspector,. for a term expiring April 25, 1960. Upon motion duly made and seconded, it was voted to approve surety bond #632130, in the amount of $1,000, on behalf of Hazel J. Murray, Executive Clerk• to the Board, for a term expiring April 1, 1960. The Chairman read a letter from Waltham Protective Departments, William C. Vincent, Jr., Chairman, invit- ing the Town to partici atein a four-day program for the observance of July 4th. It was agreed to refer the communication to the Fire Department. Upon motion duly made and seconded, it was voted to sign application for Certificate of Incorporation on behalf of Ernest Crerie, satisfactory character reference having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to_sign application for Certificate of Incorporation on behalf of Robert Mann, satisfactory character refer- ence having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to grant the following licenses: Margaret M. McLaughlin John A. Schoppet Charles B. Young 25 Harding Road 8 Dee Road 24 Young Street Bond Bond Cert. of Inc. Cert. of Inc. Auctioneer (Renewtl.) 9 9 Peddler Upon motion of Mrs. Morey, seconded by Mr. James, 96 it was voted to re -appoint Bertram P. Gustin, Bentley Appointments S.Hutchins and Donald B. Cobb to 'Terve on the Town Celebrations Committee for three-year terms expiring April 30, 1962. Mr. James reported that Mr. Joseph Belcher asked him about the possibility of him and Mr. Morelli ac- Veteranst quiring the lot of land between their houses. It is lots the only remaining veteranst lotcand they realize that it is swampy. Upon determing whether or not the Board can dis- pose of the lot under these conditions, the Board will then decide whether or not it desires to sell it. Field and Garden Club M-. James reported that the Field and Garden Club would like to do some planting and asked for sug- gestions. It was agredd to request Mr. Mazerall of the Park Dwpartment to contact Mrs. John C. Gale, 25 Preston Road, and to send her a copy of the letter to Mr. Mazerall. The Chairman brought up the subject of the ambu- lance. A majority of the Board of Selectmen viewed an S. & S. Model 591043 Cadillac ambulance shown by tie I. W. Douglas Company and a 1959 Superior Cadillac ambulance shown 1h7, the Superior Coach Sales, Inc., at 5:30 P.M. today. The third bidder, Miller Meteor Sales did not have an ambulance to display. After due consideration of the bids, the Board determined it to be in the best interest of the Town to purchase an S & S Cadillac ambulance from the I. W. Douglas Co. at the quoted net price of $8,674.75. The meeting adjourned at 11:05 P.M. A true record, Attest: x1,-,='J':/j7//4' ec ive lerk, electme 1 97' SELECTMEN'S MEETING Aril 13,1959 P A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, tpril 13, 1959, at 7:30 P. M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. John Carroll, Superintendent of Public Works, and the Ex- ecutive Clerk were also present. The minutes of the Selectmen's Meeting,held on April 6, 1959, were declared approved. Minutes Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. Larry F. Doo, 31 Cary Avenue, was drawn for jury duty and Mr. Carroll retired. Juror My,. Bertram P. Dustin, Chairman of the Town Celebrations Committee, met with the Board and re- ported that the Trustees of Cary Memorial Building had been approached relative to hanging a picture of the high school student selected as Miss Lexington in the first -floor conference room. The Trustees ad- vised that their only concern is the trusts and that the Selectmen have jurisdiction over the building. Lady Mr. Gustin explained that the picture would be Lexington placed in the conference room back up to the wall where the original painting of Lady Lexington is now hanging and next year, when another student is selected, her picture will replace the present one. The Board had no objection. Mr. Gustin advised the Board that he will not be able to accept re -appointment to the Town Celebrations Town Committee and suggested that a representative from one Celebrations of the service clubs, Lions, Rotary, Kiwanis, etc., be Committee considered. Mr. Adams called Mr. Gustin's attention to the faded blue in the bunting decorating the Town Buildings, and the Chairman mentioned that the decorations on the two Town Office Buildings do not match. Mr. Dustin suggested that Lexington Center be roped off for the Patriots' Day parade and reported that the Chamber of Commerce feels this is something the Board "98 Roping off Center Exercise Options should consider. Mr. Carroll reported that he has about 1200 feet of rope and plans to discuss the subject with Chief Rycroft and Mr. Mazerall of the Park Department. Mr. Gustin retired at 7:45 P. M. Mr. Stevens reported that he had prepared the options exercise notices on the various lands the Town Meeting authorized the Baird to acquire. of Upon motion duly made and seconded, it was voted to sign the following options exercise notices: EXERCISE OF OPTION By instrument dated March 13, 1959, Mark Moore, Jr., of Lexington, Middlesex County, Massachusetts, as trustee of Moore Realty Trust, and Todd Realty, Inc., a corpo- ration duly organized andexisting under the Laws of Massa- chusetts and having a usual place of business in said Lexington, for consideration paid, granted to the Town of Lexington, an option to purchase certain land in said Lex- ington, as therein described. NOW, THEREFORE, pursuant to the provisions of said instrument, the Town of Lexington, acting by its Board of Selectmen, hereby exercises said option to purchase said land subject to all of the terms, provisions and con- ditions set forth in said instrument. Signed at Lexington, Massachusetts, this 13th day of April, 1959. TOWN OF LEXINGTON By /s/ William E. Maloney /s/ Ruth Morey /s/ Alan G. Adams /s/ Raymond W. James /s/ Gardner Ferguson Majority of Board of Selectmen Upon motion duly made and seconded, it was voted to sign a Taking Order, prepared by Mr. Stevens, for the 'Sewer sewer in East Lexington from the railroad station up to Taking the Millyan property. 1 Mr. Carroll read a letter from Whitman & Howard relative to bids opened a week ago for the Trunk Sewer, Contract No. 1, 1959. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to award the contract to C. DiMartino & Sons, Inc., the low bidder. Upon motion of Mr. Adams, seconded by Mr. James, it was voted to sign the contract between the Town of Lexington and C. DiMartino & Sons, Inc. for the Trunk Sewer, Contract No. 1, 1959. Mrs. Morey brought up the subject of betterment assessments levied against property owned by Lawrence H. Witherell, 138 Grove Street. Mr. Stevens explained that Mr. Witherell signed an instrument and he agreed that if the Town laid out the Town Way in accordance with the plan, he would con- vey to the Town at the price of 4300.00 the right and easement to use part of his land. He reported that the entry was not made until September 5, 1958. In the instrument he agreed to the assessment of betterments on his land provided the Board extend the time for pay- ment without interest until the land is built upon or sold. Mrs. Morey said that Mr. Witherell has betterments totalling over $12,000 and haF not heard anything about the $300. She said that Mr. Witherell felt it was reasonable to assess the water and sewer betterments, but he does not feel he should be charged in full for the street. Mr. James said that Mr. Witherell has signed an instrument and agreed to certain conditions, and he thought that is the way it should be. Mr. Stevens advised the Board that if Mr. Witherell plans to sell his property, the betterments should not be deferred under the Statute. The Chairman said th^t he would not be assessed until the road is constructed, and Mr. Stevens said that it is all covered in the instrument. Mr. Carroll said he was trying to get the road in back of the School Administration Office paved over to F] cher Avenue. Mr. Spiris feels very definitely that a larger area in front should be paved and can see no reason for parking in the rear if the front is paved. He wants parking in front in addition to what is now available. The Chairman said that he was not in favor of park- ing there all day and Mr. Carroll explained that there will be only three cars parked all day. 99 Se we r Witherell betterments 100 School parking Complaint Swimming Pool Applicants for Patrolman position The Chairman said he did not approve of parking in front of buildings and Mr. Ferguson agreed. Mr. Adams said he would not be in favor of making any more parking area in front. Mrs. Morey suggested making the area one way so the cars would go out onto Fletcher Avenue. She also sug- gested that the Field and Garden Club might concentrate on this area. Mr. Carroll agreed to work out some arrangement with Mr. Spiris. The Chairman read a letter from D. Hugh Darden, 61 Burlington Street, relative to pedestrian traffic over his property to and from Kinneen'sPark. Mr. Carroll was recuested to bring in information next week concerning a right-of-way and also a plan of the property. The Chairman read a letter from Mr. Irwin, Building Inspector, relative to an investigation maae by him of an abandoned swimming pool and barn on property owned by the DeVries Construction Company. It was agreed that the problem, as outlined in Mr. William Hammer's letter, is not the Town's reppomsibility and that a copy of Mr. Irwin's report be mailed to him. The Chairman read a letter from Mr. Irwin suggesting that a committee be appointed to consider the subject of swimming pools and the protection that should be provided for them. Mr. Stevens said he did not know of any Building By - Laws that provide for fencing and that maiiy people don't want a fence. Messrs. Carroll and Stevens ret4red at 8:30 P.M. Chief John W. Rycroft met with the Board and intro- duced Lloyd L. Faulkingham, Jr., an applicant for position of patrolman. Mr. Faulkingham said he is presently employed at the Jefferson Union and he would like dependable work every day. He graduated from Lexington High School, has been married for two years and was in active service four years. He would like to give a week's notice. Mr. Faulkingham retired. Chief Rycroft introduced Charles E. Camirand. The Chairman asked if there had been any change since his last meeting with the Boara, and he replied in the negative. He has lived in Lexington since 1950, is employed by the Lexington Cab Co. and is interested 1 1 101_ in police work. He has three more years in the Re- serves. He said he would like to give two week's notice. Mr. Camirand retired. Chief Rycroft introduced Allen M. McSherry. The Chairman asked why he wanted to be a Police Officer, and he replied that he never gave it any specific thought, but it is something he has had in the back of his mind for a few years. He felt that it offers a secure position for life and good re- tirement. He is twenty-four years old, worked in the Waltham State Hospital and is presently unemployed. He graduated fromNewman Prep after his discharge from the Navy, is still in the Reserves and is interested in guns. He said he has not worked since the first of the month and could go to work immediately. M,. McSherry retired, and the Chief introduced Peter J. Scopa. He said his life's ambition has been to be a Police Officer, he likes the security, outdoor life and feels it is an honest job. He is twenty-two Police years old, single, works at Lincoln Laboratory and would like to give a week's notice. He explained that he is classified as 4-F because of an injury to his knee that happened when he was playing ball in school. It is a broken cartilaga, but does not bother him. He explained that he is not being treated, his physician is Dr. Mooney, and he did not think it would be a handicap. Mr. Scopa retired. The Chief explained that Mr. Charles A. Withrow, Jr. was working and unable to meet with the Board. Mr. James said as far as he is concerned, if the Chairman has time to interview Mr. Withrow, he would be satisfied with the Chairman's decision. The Chief reported that Herbert W. Evans is not interested in the appointment at this time. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to appoint the following applicants as Patrolmen in the Lexington Police Department at a salary of $4,000 per year, effective May 1, 1959: Charles A. Withrow, Jr. Lloyd L. Faulkingham, Jr. Charles E. Camirand Allen M. McSherry Peter J. Scopa 10 Grant Place 169 North Street 30 Cummings Avenue 85 Hinchey Road 84 Bow Street Mrs. Morey brought up the subject of Route 128 and Bedford Street and said th-t the plan is for a fairly Appointments 102 large circle there and it will take several houses, the entrance of Bernard Street, Williams Road and a part of Wyman Road. She said it seemed to her that the Board should make a protest at the method of set- ting up interchanges in thickly settled areas where Traffic it may unnecessarily disrupt homes and people and urge circle that the size of the cloverleaf be cut down. Mr. James aaid someone should look at the plans and find out exactly what the situation is. He said the plans are not available at District 4 but are at 100 Nashua Street. He suggested that a letter be sent to the Commissioner requesting a conference to review the plans. Salaries Chief Rycroft said he received a letter from the Board in regard to the change he proposed in the numbers of year's service to reach the maximum salary. He said when budgets were tieing prepared, although it was not said in so many words, he thought Mr. James understood him and he understood Mr. James, and that in 1959 his department would not look for any increases if the pro- ject he was working on went through, which it did. He said the only change in his budget was for clerical help, but did mention to both the Selectmen and the Appropriation Committee that he had something in mind relative to the span of years it would take for a man to reach the maximum, and that he would like to see it changed. He said he did not notice that anyone was too much upset about it. He determined how much money would be needed to put the change into operation, but when he mentioned it, he did not have the funds. He explained that when he submitted his budget, he did not know that Officer Meadows was going to leave. He said he figured it would cost about $1200 to put the new schedule in effect. He said he talked to Mr. Adams and later on received a telephone call from the Fire C om- 'missioners asking what was being done and how it was ar- rived at. He said he advised Mr. Sheldon that if he could not work out something without asking for a trans- fer, he thought it was foolish to ask for it. He said he does not feel that he should be penalized because of the fact that another department does not have sufficient funds. The Chairman asked if the difference in the pre- sent budget andthe budget for next year would be much, and the Chief replied in the negative. The Chairman asked when the new men would reach $4250, and the Chief replied in April of their second year. Mr. James said that he had two comments to make. The Board did a fairly good job when it tet•:.this up a 1 1 103 year ago for the men. It was a real gain for every one of them. At that time many towns did rot have a steprate system. He said it seems to him it is a little early to change the schedule after only one year. Secondly, when the Board presented this to Town Meeting, it told the Town Meeting how it worked and the Town Meeting voted the police budget on that basis. Now it has not been told that any such system as this is under consideration. He said if the Chief takes money he now has and starts a new system, it will be done without Town Meeting and he did not like it. The Chief said he did not like the twelve years when it was set up, but thought the department did well to receive what it did. He said the Town Meeting acted on a budget and very few people knew anything about the figures. He said he thought he would be very much amiss if he did not try to get this for his Department. The Chairman asked if, when the Chief discussed the proposed change, anyone told him they disapproved, and the Chief replied that no one told him they approved. The Chairman asked if he would have put the new schedule in effect if the Board had not written to him, and he replied that he had it in mind but had not done anything. Mrs. Morey said she remembered the Chief mention- ing it, but no action was taken. Chief Rycroft retired at 9:30 P.M. The subject was discussed at length and it was finally agreed to advise the Chief that the Board is in favor of the change proposed by him, but very definitely feels that any change in the schedule is a function of the Town Meeting Members. Mr. Adams said that undoubtedly there would be a Fall Town Meeting and this could be brought up then. Request was received from Carroll Ryan, on behalf of the Veterans of Foreign Wars, requesting permission to operate a popcorn stand April 20th on the triangle Stand at the corner of Bedford and Hancock Streets. The organization has used this location in the past and the Board had no objection. Request was received from Claude Cole, 14.7 Ledgelawn Avenue, on behalf of Grace Chapel, to erect signs at the corner of Worthen Road ane. Bedford Street and Worthen Road and Massachusetts Avenue. Mr. Ferguson suggested investigating the possibility of incorporating all church signs on the regular street signs thereby insuring uniformity which he believed de- sirable. Signs 104 Street name The Chairman said that he would discuss the subject with Mr. John Carroll. The Chairman read a letter from Miss Mases Maguire, 290 Wood Street, recommending that the road proposed to be constructed by the Federal Government from Wood Street to Bedford Street be named Maguire Road in preference to Hartwell Road as recommended by the Planning Board. It was agreed to refer the letter to the Planning Board. Letter was received from Hugh J. Wade, Acting Gover- nor of Alaska advising that a State flag could be loaned Flag to Lexington for Patriots' Day celebration. A copy of the Board's letter was forwarded to James J. Brunette, Box 672, Juneau, Alaska, who deals in flags. Letter was received from James J. Carroll, Town Resignation Clerk, advising that Irving H. Mabee had resigned as a member of the Capital Expenditures Committee. Upon motion duly made and seconded, it was voted to grant the following licenses: Frederic B. Hubley 4 Stetson Street Manor Spa 269 Bedford Street Mary Lou Mades 1736 Mass. Ave. Licenses Auctioneer (renewal) Sunday Sales Intelligence Office rr Upon motion duly made and seconded, it was voted. to appoint the following individuals as Special Police Officers in the Town of Lexington for terms expiring March 30, 1960: SPECIAL POLICE OFFICMS - TERMS EXPIRING March 31, 1960 Charles W. Varney William J. DiCicco Robert F. Ingram William L. Harrington Special John W. Alexander Police Henry Brown, Jr. Officers Middlesex County Sanatorium n n rr n rr u Metropolitan State Hospital n n n 9 n n 1 1 Francis J. Smith Keeper, Hobbs Brooks Reservoir, Lincoln SPECIAL POLICE OFFICERS - TERMS EXPIRING March 31, 1960 (cont'd) M. I..T. LINCOLN Joseph E. Ewers 12 Old Coach Road Weston, Mass. Edward A. Richardson 34 Lexington Street Wilmington, Mass. William L. Spiers, Jr. 185 Lowell Street Lexington, Mass. Edward T. Gallagher 8 Spring Lane Maynard, Mass. Howard D. Ryder 2 Wilson Road Lexington, Mass. Robert J. Vinsec 93 Winthrop Street Waltham, Mass. Bertram M. Adams, Jr. 127 Wyoming Avenue Malden, Mass. Clarence MacPhee George Doughty, Jr. Thomas F. Ryan Louis A. Bonney Anthony J.Janusas Thomas Sullivan David Kidd William P. Casey Clyde L. Hayne Duncan F. Sian Oscar Heimlich Edward P. Stevens John Blodgett LABORATORIES Wentworth J. Marling 101 Dodge Street Beverly, Mass. August S. Cidado 39 Tufts Street Arlington, Mass. Henry Crowninshield 7 Paul Avenue Woburn, Mass. Christian Larsen 26 Wachusett Drive Lexington, Mass. Augustine D. Murphy 91 Ferry Street Lawrence, Mass. Horace L. Dunbar 40 East Street Ipswich, Mass. School Department e} rt tt rt It If It rt 11 tt It It N tt ✓ rt It tt 8 tr rr It 105 06 Street Orders SPECIAL POLICE OFFICERS - TERMS EXPIRING March 31, 1960 (conttd.) Edward T. McDonnell Gerald Meadows Alan G. Adams Roy A. Cook (Mrs.) Ruth Morey Gardner C. Ferguson Raymond W. James William E. Maloney Anthony Rochette John J. Carroll Paul Mazzerall Library Adams Press Chief, Fire Department Selectwoman Selectman n n Janitor, Town Office Supt. of Public Works Park Department Upon motion duly made and seconded, it was voted to sign orders for construction of the following streets, accepted by vote of Town Meeting on March 16, 1959. Baker Avenue Cummings Avenue Homestead Street Leighton Avenue Rangeway Webb Street Burnham Road Compton Circle Waltham St. Widening Emerson Road Grandview Avenue Welch Road Linmoor Terrace Crawford Road Peacock Farm Road Laurel Street Town Footway from Essex St. to Valley Road It was agreed to hold the next regular meeting of the Board on Wednesday, April 22, 1959; Monday being holiday and a meeting of the Library Trustees having been scheduled for Tuesday. The meeting adjourned at 10:20 P.M. A true record, Attest: a 1 SELECTMEN'S MEETING April 22, 1959 A regular meeting of the Board of Selectmen was held in the Town Accountant's Office, Town Office Building, on Wednesday evening, April 22, 1959 at 7:30 P. M. Chairman Maloney, Messrs. Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The minutes of the Selectmen's Meeting held on April 13, 1959 were declared approved. Mr. Carroll reported that C. DiMartino & Sons was the low bidder on the Raytheon sewer project. He said thst Mr. Edward Howard asked Mr. DiMartino if he could handle two projects and was assured that he could. Mr. Carroll advised tht DiMartino has four crews and recommended that the contract be awarded to him. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to award the contract to the low bidder, C. DiMartino & Sons at the bid price of $147,458 for items 1-28-29-30 and 31 and $138,858 for items 1-28- 29-30 and 31A. 107 Minutes Raytheon Sewer Contract Mr. Carroll reported that A. Belanger & Sons, Inc. bid of $7300 for painting the standpipe was the low bid and Roy Leonard was second with a bid of $8300. He advised that he had checked with Mr. Stevens and also with Whitman & Howard and it has been determined that the corporation is all right. He recommended that the contract be awarded to the low bidder. Mr. Ferguson asked if they would furnish a bond and Mr. Carroll replied in the affirmative, stating that it will be a regular contract. Painting Mr. Stevens reported that Belanger painted the standpipe Turkey Hill standpipe and according to MDC, did a contract satisfactory job. He said a bond would be furnished for the full amount. Mr. Adams asked when the painting would be com- pleted, and Mr. Carroll replied May 30th. Mrs. Morey asked what would happen if the project was not completed, and 1r. Carroll replied that there is a penalty clause in the contract. Upon motion of Mr. Adams, seconded by Mrs. Morey, 208 it was voted to award the contract to the low bidder, A. Belanger & Sons, Inc. Mr. Carroll referred to Mr. Nicholas L. Durso's visit with the Board a few weeks ago relative to the Durso sewer taking on Patterson Road. He advised that Mr. claim Stevens had been working with him and Mr. Durso is settled willing to settle for $250, which actually amounts to a free sewer service. Both Mr. Carroll and Mr. Stevens think the amount a fair settlement. Mr. Stevens reported that the damage was ap- praised by Reenstierna at $200. Upon motion of Mrs. Morey, seconded by Mr. Adams, it was voted to authorize Town Counsel to settle the claim for $250 and obtain a confirmatory deed and re- lease. Mr. Carroll advised that he would like to include the sidewalk construction work in the street construction contract so that the sidewalks will be constructed as early as possible. He said that he hoped to have the street contracts ready some time in May so that the work can be started in June. He mentioned that during the discussion of sidewalks when the budgets were being pre- pared no definitedecision was made as to where tidewalks were to be built. He suggested that, basically, the pri- ority list submitted by the School Department be followed. He said that there is a carryover of about $6,000 from Sidewalks 1957; $19,000 from 1958 and the appropriation of $15,000 this year makes a total of approximately $40,000. The 1957 carryover is committed to finishing the Lowell Street sidewalk. He explained that the sidewalk was built from Woburn Street toward East Street a distance of about 500 feet but no further in 1957 because the street line gradually became closer to the edge of the pavement and the pavement is not in the center of Lowell Street at that point. The sidewalk was supposed to go to Laconia Street. He said he wanted to widen Lowell Street on one side, take off a little on the other side and get the sidewalk in to Laconia Street. Mr.Carroll explained that of part of the $19,000 carryover from 1958 about $7,000 will be used to pay for the sidewalk put in on Bedford Street and Simonds Road. For 1959 the only one the Board mentioned definitely was North Hancock Street and there will be $18,000 left for work other than that which was decided upon. He said the two sidewalks on the original priority list which have not been constructed are East Street from Adams to Grant and East Street from Grant to Lowell. Mrs. Morey said that the Board felt those would come along with the street because the street has to be 1 109 improved. In the meantime the School Department can bus the children until a good job is done. Mr. Carroll said that there is no problem of widening the portion from Adams Street to Grant Street. The Chairman said the Board had decided to do the street and sidewalk work at the same time. If there is no problem with the street or sidewalk from Adams Street to Grant Street, he could see no reason why that portion should not be done if construction of the street will not interfere with it. Mr. Carroll said East from Adams to Grant would be done if there are no problems. Mr. Carroll said the other sidewalk on the original list was the entire length of Paul Revere Road which will cost approximately $6500. The Chairman explained that the neighbors do not want a sidewalk and th the reason there are "No Right Turn" signs on Bedfor rThe people wanted the traffic abated which was done, and when they were notified about the sidewalks, they said they did not want them. Mr. Carroll said that the streets in the area will be constructed and he thouht the buses would be eliminated very shortly. Mr. Ferguson said that if the people do not want sidewalks, they should not be forced upon them. Mr. Adams said he thought this sidewalk would have to be constructed some time but suggested deferring it for the present. Mrs. Morey said she would like to see some side- walk money spent in town betterment, for instance on Waltham Street from Forest Street to Marrett Road. Mr. Carroll said the other sidewalk the School Department listed in December 1957 was Hancock Street into Burlington Street from #16 to Coolidge Avenue, but according to a note made by Mr. Gayer, this item was taken out of the budget. Mr. Adams said that there are some bad places on Muzzey Street. He said he thought the Board should set up some program of replacement of the sidewalks around the center as the condition of some of the sidewalks is dangerous. Mrs. Morey suggested using $10,000 of this year's appropriation for sidewalk repair, and asked Mr. Carroll to make a list of sidewalk improvements for the benefit of the Town as well as the school children. Mr. Carroll reported that the second priority list submitted by the School Department, October 16, 1958, in- cluded a sidewalk in Winter Street from Bedford Street to Sullivan Street; Hill Street from the golf club to Cedar Street; Adams Street along north end of Fiske School 110 playground; Waltham Street from Marrett Road to Forest Street; Bedford Street from Revere and Hill Streets north to Route 128; Lincoln Street between Marrett Road and Barrymeade Drive; Waltham Street on the easterly side from Marrett Road to Allen Street and Watertown Street. Mr. Adams said he could not see a sidewalk in Winter Street as there is no through traffic. Mr. Ferguson said th^t Winchester Drive is not included in the list and Mr. Adams saiia study should be made of that intersection. Mr. Ferguson asked how much it would cost to do the East Street from .dams to Grant and Mr. Carroll replied between $4,500 and $5,000. The Chairman said the next project to be considered was over at the Diamond Junior High School. Mr. Carroll explained that a number of trees are in- volved, and it would probably cost about $5,000 for 1700 feet. Mr. Ferguson said that would leave about $8,000, and Mr. Carroll said it could be used for miscellaneous side- walks. He mentioned doing Hancock Street because of the Hancock -Clarke House. He suggested working on a program of resurfacing sidewalks from the center out. Mrs. Morey said she thought Clarke Street should be done. Mr. Ferguson said that if funds are appropriated primarily for the safety of the school children, there is already a sidewalk for safety purposes on Clarke Street; enough to take them off the street. He said that per- haps this year the Board should use most of the money ap- propriated for new sidewalks for safety purposes and next year, include funds in the budget for improvement of the existing sidewalks. He said he would rather see the money spent this year for new sidewalks. The Chairman said that some money should be spent in repairs to the center sidewalks before someone falls and the Town is involved in a law suit. He said that next year repairs to sidewalks should be a separate; ap- propriation. Mr. Carroll asked if it was the Board's intention to construct a sidewalk on Hancock Street, and the Chair- man replied that he thought it should be done. Mrs. Morey said that there is a certain amount of roadwork to be done and she thought the widening of Hancock Street should be done at the same time the side- walk is constructed. Mr. Stevens referred to Mr. Ruggiero's sewer bet- terment assessment and interest charge which was dis- cussed last week. He said that he talked to the Col- 1 lector and when Mr. RuFgiero went to her office, he did not have a bill and asked for one which was made out and dated that day, April 7th. The Collector said the bills went out February 10, 1958 and when she checked with the Assessors, was informed that every other person on the street to whom a bill had been sent, contacted the Assessors' office and requested to have the betterment apportioned. He said if Mr. Ruggiero's intention is to have the betterment apportioned, he has lost nothing, by having to pay interest in the meantime; the first portion will go on the 1959 tax bill. If he contends that he does not want it apportioned, and if he received the bill he would have paid it, the Board might accept his statement that he never received the bill and abate the interest if the betterment is paid. Mr. Stevens said he would undertake to contact Mr. Rug- giero and find out just what he wants. Mr. Stevens submitted five copies of the contract between the Town of Lexington and C.DiMartino & Sons in the amount of $138,858 and explained that it may ex- ceed this as these figures are based on three alternates. The regular bid would be $147,458 which is money enough but for the purpose of the bond, the smaller amount has been taken. He said he would hold the contract until Raytheon the insurance certificate is complete. Sewer Upon motion duly made and seconded, it was voted Contract to sign the contract as presented by Mr.Stevens. Mr. Stevens referred to tax title lots 228-233 Freemont Street for which he was instructed to pre- pare a deed to convey the property to Philip J. Knox. Tax title He reported that Mr. Carroll does not think lot 233 should be sold. It is not a large lot and has a sewer main in it. The Chairman explained that the Board agreed to sell these lots to Knox and he w°s to sell Mr. Lloyd two lots he owned to provide an access to Lloyd's land. Mr. Carroll said that the Board should either ob- tain an easement or retain the lot. Further discussion was deferred until the next meeting when Mr. James, who is very familiar with this particular property, is present. Mr. Carroll referred to Mr. D. Hugh Darden's com- plaint about pedestrian traffic over his property to and from Kinneen's Park and presented a plan of the Darden's area. He indicated the location of a sewer easement and Complaint reported that there is no right of way. He said that Mr. Darden wants a fence and asked for one some time ago. 111 Ruggiero sewer betterment 11.2 Veteransl lot Mr. Stevens advised the Board that the situation does not mean that the Town has to erect a fence. The Chairman asked Ebout the length and Mr. Carroll replied that it is 360 feet. Mr. Carroll said that there is a vacant lot there and if it is built upon, it may deter the children from cutting through and the problem may be resolved that way. The Chairman said he did not think the Town was in- volved in any way and Mr. Carroll agreed. Mr. Stevens said that if Mr. Darden wants to erect a fence, he has a right to do so. Last week, Mr. James reported that Mr. Morelli and Mr. Belcher would like to acquire the so-called veterans' lot located between their properties. Mr. Stevens said that if the Board has come to the conclusion that the lot -is not suitable for building, and should be conveyed to the adjoining owners, authority should be obtained from Town Meeting. The Chairman read a letter from the Burlington Water Commissioners relative to the water line on Muller Road Water in Burlington. That Board would like to discuss the Muller Rd. possibility of a new agreement in regard to service in- stallations and the eventuality of the District taking over the Muller Road line completely., Mr. Carroll said that he would contact the Com- missioners and find out more definitely what they want. Brucchi complaint Messrs. Stevens and Carroll retired at 9:00 P.M. Mr. John Brucchi met with the Board relative to teaching horseback riding in a residential area. The Chairman explained that the problem is not one in which the Selectmen are involved. Mr. Adams suggested that he petition the Board of Appeals again. Mr. Brucchi agreed to submit another petition and retired at 9:20 P. M. The Chairman read a letter from Mr. Paul S. Hodgkins, MIT Lincoln Laboratory, asking for office space from June Office 1 to September 30, 1959 to accommodate six or eight people space with desks, single offices; two or three larger rooms for six to eight people with desks, .and a large room suitable for conferences of twenty-five people. The Chairman was authorized to advise that the Town does not have any building with room enough to accommodate them. The Chairman read a letter from the Board of Fire Commissioners advising that Deputy Chief Cook has given 1.4 1 notice that he intends to retire on disability on or about June 1, 1959. Upon motion duly made and seconded, it was voted to appoint Dr. Harold J. Crumb to serve on a Medical Panel which will include Dr. Ralph H. Wells, Chief Cookts personal physician, and if Dr. Crumb declines, Dr. Short is to be asked to serve on the panel. The Chairman read a letter from Mr. R. Robert Naka, Chairman, Red Cross, requesting an appointment to meet with the Board for the purpose of discussing use of the building at 9 Hancock Street. Red Cross It was agreed to invite representatives from the Red Cross to meet with the Board next Monday evening. The Chairman read a letter from Alexander MacMillan advising that 'w,i1 ,pay 1,000 for tax title lot 18 and part of 1 yaatt`�ha` Th conditions outlined in the Tax title Board's letter cf April 7 are acceptable to him. Upon motion duly made and seconded, it was voted that a proposal to sell the lots be advertised in the Lexington Minute -man and that further consideration be given the offer at the meeting to be held on May 11, 1959. Mr. Adams did not vote. 113 Cook's retirement Mr. Adams suggested, in regard to Special Police appointments, that the subject be discussed with the Chief of Police. Special Polio appointments The Chairman read a letter fronJohn J. Mitchell, Manager of Howard Johnson's restaurant relative to a complaint filed with the Board by Rev. Norman B. Cowley Complaint of North Carver. Mr. Mitchell requested Rev. Cowley's address, as Mr. Watts, the New England Supervistr would like to content him personally. It was agreed t o forward a copy of the communi- cation to Rev. Cowley and also to send his address to Mr. Mitchell. Letter was received from Edward J. McCormank, Jr., Attorney General, relative to a Chairman for the town employees United Fund campaign. It was agreed to ask the local Chairman for an ex- pression of opinion in regard to the request and what he thinks about the Board complying with it. Upon motion duly made and seconded, it was voted to grant the following licenses: United Fund Campaign 114 K. J. Lowry Woodhaven Country Stores Hancock Market Wardrobe's Pharmacy Durand's Chocolate Shop Minute Man Cab Ariex Taxi Battle Green Inn, Inc. 9 sr r► n Thomas J. P,,elan 286 Lincoln St. 424 Marrett Rd. 6 N. Hancock St. 807 Mass. Ave. 1780 Mass. Ave. 1833 Mass. Ave. 421 Lowell St. 1720 Mass. Ave. T► t► 9 6 Aerial St. Sunday " " n Public r► Sales " " 9 " Carriage " 9 " (ren '1.' tt " n " Innkeeper (new) Common Viet. Peddler Mrs. Morey reported that the Traffic Study Committee held a meeting on Thursday, April 16, at which time con - Five Forks sideration was given to Mr. Donald B. Lindsay's letter of March 29th with suarestions relative to control of vehicular traffic at the junction of Marrett Road, Lincoln Street and School Street at Five Forks. The subject was referred to Mr. Carroll who agreed to discuss it with the State Department of Public Works. A letter from Frederick N. Saum, Executive Director of the Hayden Recreation Centre, relative to the safety of the many children leaving the Centre between 4:45 P. M. and 5:30 P. M. was also considered. The Committee recommended construction of a side- walk along Lincoln Street, on the Centre property. A petition from the Chamber of Commerce requesting an appointment with the Board to discuss the parking restrictions at the so-called Central Block was considered by the Committee. The Committee recommended that parking be permitted for a trial period without placing jackets on the meters and without amending the Traffic Rules and Orders, and the results observed. The Committee suggested that proceedings be in- stigated for acquisition of the land located at the rear of the center railroad station, formerly owned by the Boston & Maine Railroad, for municipal parking. Parking Area Meters could be installed in the two municipal park- ing areas now available and the receipts could be used to defray the expense of acquiring another pub- lic parking lot. The Board felt that until more information is available relative to the cost involved in transfer of ownership of the property, no definite action should be taken. Sidewalk I Hayden property Parking Central Block It was also recommended by the Committee that jackets be placed on the meters on Waltham Street at Massachusetts Avenue from 4:00 P. M. until 6:00 P. M. for a trial period without amending the Traffic Rules and Orders for the Traffic present. Recommendations of the Traffic Study Committee approved by the Board. Mr. Adams said he thought the Board should discuss the dump with the Fire Commissioners and he believes there is a solution to the problem of fires at the dump if discussed by all concerned. It was agreed to invite the Commissioners to meet Dump with the Board to discuss the dump and also people burning rubbish without permits. The meeting adjourned at 10:35 P. 41. A true record, Attest: 1 xec ' ive/fLlerk Se le c / 1161 Jurors Minutes SELECTMEN'S MEETING April 27, 1959 A regular meeting of the Board of Selectmen was held in theSelectmenTs Room, Town Office Building, on Monday, April 27, 1959, at 7:30 Y.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were pre- sent. Mr. Stevens, Town "ounsel, Mr. Carroll, Superin- tendent of Public Works, and the ";executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors: Mr. John W. Westerberg, 7 Foster Road, and Mr. Henry Anderson, )119 Bedford Street, were drawn for jury duty. Mr. Carroll retired. The minutes of the Selectmen's Meeting held on April 22, 1959 were declared approved subject to in- sertion of an additional paragraph at the conclusion of the recommendations made by the Traffic Study Com- mittee. Mr. Stevens referred tothe Pipe Agreement with the Boston & Maine Railroad, involving a 24" sewer B & M pipe and connecting manhole. He explained that the pipe railroad is selling the land it involves the pipe agreement already located. When the property is sold, the Town will obtain an easement ftom the purchaser to cover that pipe already installed and the new one to be in- stalled. Mr. Ferguson asked if the purchaser was buying the right-of-way and Mr. Stevens explained that the station and the access to it from the street is to be sold. Upon motion of Mr. Adams, seconded by Mr. Ferguson, it was voted to sign the agreement as submitted by Mr. Sevens. Freemont St. Mr. Stevens referred to tax title lot 233/which the Board had voted to convey to Mr. Philip Knox and Tax title reported that Mr. Carroll recommends retaining this lot which is the last lot on the right going up, be- cause there is a sewer going in there. The Chairman said that Mr. Knox knows about the sewer. Mr. James agreed to contact Mr. Knox and discuss the subject further with him. 1 Mr., Stevens retired at 7:50 P.M. Mr. Carroll reported that he had received a let- ter from Mr. Spiris of the School Department, calling attention to Grove and Burlington Streets in regard to sidewalks for the new Diamond Junior High School. Mr. Carroll said he understood the Board wanted to defer installation of a sidewalk in Burlington Street until the street is laid out. The Chairman stated that he was correct, the Board does not want the sidewalk constructed until the street has been laid out. Mr. Carroll reported that he went over the list of sidewalks discussed last week, and the total amount for resurfacing both sides of Clarke Street, for as much as has to be done, will be approximately $2,000. It will cost about $1300 for resurfacing one side of Muzzey Street. Mrs. Morey asked how much would be done under betterments, and Mr. Adams said that betterments could be charged for the construction in front of the Medical Building. Mr. Carroll reported that it will cost approximately $7,000 to resurface both sides of Hancock Street from Bedford Street to Adams Street. He explained that there is a very small area on the right-hand side going down that is not surfaced now. The cost of putting in a new sidewalk on one side of Hancock Street from Coolidge Avenue to Burlington Street down to the Junior High School will be about $2800. He explained that Hancock Street is laid out. He said that he thought it should be constructed on the right hand side all the way. M.'. Adams said that a sidewalk is needed on Hancock Street up to the Hancock -Clarke House but he thought this could wait for another year. He would prefer to do the sidewalks requested by the School Department this year. He said this particular sidewalk is maintenance and a major project which could wait another year. Mrs. Morey said that last week the Board agreed to do Lowell Street up to Laconia Street; North Hancock Street on one side; East Street from Adams Street to Grant Street and Waltham Street from Forest Street to Marrett Road. Mr. Carroll explained that the Board only dis- cussed the sidewalk on Waltham Street from Forett Street to Marrett Road, but no decision was made. Mr. Carroll said that there is a carryover from 1957 of $6,000; a carryover of $19,000 from 1958 of which about $7,000 is committed; an appropriation in 117. Sidewalks 118 Tax title 1959 of $15,000 out of which $9,000 will be taken for the North Hancock Street sidewalk. There is an item of about $1200 in the Highway Maintenance budget for sidewalk maintenance. Mr. Adams said he would eliminate the item of $7,000 for Hancock Street. He said if a sidewalk is to be installed on Hancock Street, there should also be curbing. The Chairman said that every year $5,000 is ap- propriated for curbing and perhaps this is the lo- cation to be done next year. Mrs. Morey mentioned Bedford Street from Hill Street to Route 128 on both sides and said this was included in the School Department list. She asked if the State would continue the construction if the Town built the sidewalk to the railroad track, and Mr. Carroll replied that some agreement, such as that on Lowell Street, might be worked out. Mr. Adams said that he would recommend doing Clarke Street down and that portion of Muzzey Street that has not been done and the balance to take care of the High School. Mrs. Morey said that she would prefer not to do Hancock Street as she thought the delay of one year would not make much difference. Mr.Carroll said that as he understood the dis- cussion, he was to do Lowell Street from the present end to Laconia Street; North Hancock Street; Clarke Street on one side where thereis no sidewalk now; (from the Library down to beyond the Medical Building, to be concrete); Muzzey St-eet on one side; East Street from Adams Street to Grant Street and two small pieces about 300 feet on Adams Street from Mariam Street to East Street. The Chairman read a letter from Daniel P. Curtin, 433 Marrett Road, advising that he would like to acquire tax title lot 225 Spring Street to be used as an exit from land he is now developing to Spring Street. Mr. Carroll reported that the sewer main runs down this lot. Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to advise Mr. Curtin that inasmuch as this lot is residential property, it cannot be used as a means of access to business property. Mr. Carroll retired at 8:20 P.M. Mr. Frederic K. Johnson and Mr. Woodruff Brodhead of the Lexington Chapter, American National Red Cross, 1 119. met with the Board. Mr. Brodhead referred to the Board's letter of April 8, 1959 and said that the Red Cross wants to make sure that there was not some thought of offer- Garrity ing the use of the building at 9 Hancock Street a house little reluctantly. The subject was discussed informally and it was agreed that the Red Cross would acknowledge the let- ter relative to the use of the building as offered in the letter from the Board on April 8, 1959. Messrs.. Johnson and Brodhead retired at 9:50 P.M. The Chairman referred to Mr. Hugh Darden's letter relative to pedestrian traffic over his property to and from Kinneen's Park. He reported that Mr. James West called him and was quite disturbed over the letter sent to Mr. Darden by the Board. He reported that Darden's he told Mr. West he thought Mr. Darden wanted a fence complaint but only wanted to pay for part of it. He said he thought perhaps a fence should be considered. Mrs. Morey advised that if anyone abutting school property requests a fence, it is taken care of on a 50-50 basis. It was agreed to invite Mr. Darden to meet with the Board next Monday night to discuss the subject. The Chairman read a letter fromMr. James J. Carroll, Town Treasurer, listing the bids received for sewer bonds in the amouht. of $210,000. Upon motion of Mr. Adams, seconded by Mr. Ferguson, it was voted that the sale of the $210,000.00 - 3.40 Sewer per cent Sewer Bonds (Nos. 1 to 210) of the town dated Bonds May 15, 1959, payable May 15, *15,000 in 1960 and 1961 and *10,000 in 1962 to 1979 and reciting that they are issued pursuant to Chapter 44 of the General Laws, as amended, and a vote of the town duly passed, to Kidder, Peabody & Co., Boston, Massachusetts at 100.597 and ac- crued interest,is hereby confirmed. The Chairman read a report from George W. Forten, Dog Officer, of investigation made by him of complaint received from Mrs. Concetta Cataldo, Rindge Avenue, Damage by because of damage to her property by dogs, owned by dogs Jack Irwin, 108 Bow Street and Patrick McHugh, 42 Rindge Avenue. A hearing is to be held to determine whether or not an Order should be issued concerning the restraint or disposal of the dogs. The Chairman read a letter from Mr. Ralph Tucker, 120 Lexington Historical Society, listing individuals nomi- nated by ballot as candidates for Associate Members for the Historic Districts Commission as follows: Leland H. Emery, Mrs. Doris Sands, Edward L. Mears and Robert W. Custance, and candidates for regular members Donald R. Grant and James M. West. The Cary Memorial Library Trustees submitted the namea:_of-Ralph A. Burnham and Cyrus Wood as Associate Membe rsA The Lexington Arts & Crafts Society, Inc., sub- mitted the names of Carl E. Bryant and Andrew Dreselly as Associate Members. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to appoint Donald R. Grant a regular Appointments member of the Historic Districts Commission for an unexpired term ending January 1, 1961, to fill the vacancy caused by the resignation of Charles Davis. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to appoint Ralph A. Burnham an associate member of the Historic Districts Commission for an un- expired term ending January 1, 1963 to fill the vacancy caused by the resignation of Kendall S. Redd; and to appoint Carl E. Bryant an associate member for an un- expired term ending January 1, 1962 to fill the vacancy caused by the resignation of Mrs. Grace Merriam. The Chairman read a letter from the V.F.W., Alaska, Flags advising that a 3 x 5 Alaskan flag with staff has been mailed via parcel post. Mrs. Morey said ttr.t all the State flags should be cleaned and suggested that funds left over in the bud- get for Patriot's Day be used for this purpose. The Chairman was authorized to write the Town Cele- brations Committee and also to find out how much it will cost to clean the set of flags. Upon motion duly made and seconded, it was voted Cert. of to sign an application on behalf of John Svara, 8 Childs Inc. Road, for a Certificate of Incorporation; satisfactory character reference having been received from the Chief of Police. Licenses Upon motion duly made and seconded, it was voted to grant the following licenses: Concord Hill Market 2219 Mass. Ave. Sunday Sales (renewal) Lexington Bowladrome 1698 Mass. Ave. Bowling 1 1 121 Upon motion of Mr. Ferguson, seconded by Mr. James, it was voted to re -appoint Mr. "illiam P. Fitzgerald a Appointment Fire Commissioner for a three-year term ending May 1, 1962. Upon motion of Mrs. Morey, seconded by Mr. Adams, it was voted to re -appoint the following individuals to serve on the Memorial and Veterans' Day Committee for terms expiring May 1, 1960; Jerome F. Garrity, Maurice D. Healy, Lawrence E. Stone, George E. Foster and Daniel P. O'Connor. The meeting adjourned at 9:55 P.M. A true record, Attest: xe : tiv Jerk, Select en. Committee 122 Minutes Muller Road meter line Ruggiero interest charge E. Lexington Trunk line Sewer ease- ment SELECTMEN'S MEETING Mey 4, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 4, 1959, at 7:30 P. M. Chair- man Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Ex- ecutive Clerk were present. The minutes of the Selectmen's Meeting held on April 27, 1959 were declared approved. Mr. Carroll referred to the letter Of April 13, 1959, received from. the Burlington Water Cormissioners relative to the water line on Muller Road, and said he spoke to the Clerk of the Commission and it is the same problem that has come up before. They want to connect one more house, but he assured Mr. Carroll that the water main would be connected and taken over by Burling- ton in 1960. He said there are exactly twelve houses connected now but whether or not they are the original twelve, he did not know. Mr. James suggested, and the Board agreed, to re- quest the Commissioners to submit a letter advising that their new main will take care of these houses by 1960 and if they are willing to do that, Lexington will consider one more connection. Mr. Stevens reported that he had contacted Mr. Charles G. Ruggiero relative to the sewer betterment assessment and interest charge levied against his pro- perty, 10 Battle Green Road. He said that Mr. Rug- giero wants to pay the entire betterment. Mr. Stevens advised him to send the check to him and then the Board would abate the interest charge. Mr. Stevens presented a plan of Sewer Easement from Massachusetts Avenue to Peacock Farm Road and pointed out the MacKeen property, directly opposite the Millyan pro- perty that was acquired by the Town, and said it is in the proposed location of Emerson Road. He explained that all the people owning property, through which the sewer easement will go, have been contacted and there isn't too much opposition. Mr. Stevens said that the Board might find at the next Town Meeting, if this is the proper location 1 of the road, that it will want to try to acquire the MacKeen property and try the two cases at the same time. Upon motion duly made and seconded, it was voted to sign a Sewer Easement Order for extension of the East Lexington trunk sewer from Massachusetts Avenue to Peacock Farm Road. Mr. Stevens brought up the subject of betterments on the land of Geo. 0. Anderson & Son, Inc., on Bedford Street. In 1957, when Anderson sold a parcel of land to the Boston Edison, the Board released the land sold to Boston Edison from a street betterment and a sewer betterment on Winter Street. At the same time, the Town apportioned a portion of the sewer betterment on Bedford Street between the land Anderson was keeping and the land sold to theBoston Edison. The resulting betterment on the remaining land was then postponed under the Special Act. He reported that in connection with the widening of Bedford Street by the Commonwealth, a taking has been made of a portion of the land, and presented a plan showing the Anderson property and the taking. He said thatthe question now is whether or not to release the land from the betterments. He said that he thought the Board would definitely release them on Winter Street. He stated that he thought the Town should receive some payment in view of the fact Anderson is receiving something from the Commonwealth. The bet- terment is now $2,881.68 for the sewer on Bedford Street and Anderson will receive $4,500.00 from the Commonwealth for that land. His attorney suggested $500. Mr. Stevens reported that actually, they expect to sell the land be- fore the end of the month and if so, whatever the Town has not collected,becomes due. Mr. Ferguson recommended that the offer of $500 be accepted. Upon motion duly made and seconded, it was voted to sign a release, prepared by Mr. Stevens, and to authorize acceptance of $500 suggested by Anderson's attorney. Further reference was made to tax title lot on Freemont Street which the Board had voted to convey to Mr. Philip J. Knox, Jr. Mr. James reported that he had talked to Mr and he wants let 233 included and he understands entire situation very thoroughly. He wants the will fix it up himself. Mr. Stevens said that theTown is reserving sewer easement. s 228-233 sell and . Knox the lot and a 123 Geo. 0. Anderson betterments Tax Title 124 Mr. James explained that Mr. Knox has agreed to sell to Mr. Lloyd two of six lots that he had. The Town agreed to sell Knox these six lots with the under- standing that he builds two houses and he wants to make certain that he can build two houses on the 120' frontage. Mr. James reported that he talked with Lloyd and Lloyd has talked *ith Knox, and Lloyd said that Knox has agreed that as soon as he is assured he can build two houses, he will transfer the land to Lloyd. Mr. Stevens said that both transactions should be made at the same time and Mr. Lloyd should have his at- torney check it. The Chairman reported that a telephone call had been received about the barrier at the Boston & Maine railroad tracks between Hancock Avenue and Camelia B. & M. R.R. Place. One night it was illuminated, and the next tracks, night, it had bean relocated and was not illuminated Hancock Ave. and was a hazard. He said it was late in the evening and he talked with Mr. Stevens who suggested that the Town illuminate it immediately because it is the duty of the Town to protect the public until such time as he could look into the legality of what the railroad was doing. Mr. Stevens reported that the situation depends on what is a danger to the people using thrroad. He saw it this evening and if someone ran into the bar,- rier, they might get hurt. He suggested that it might be advisable to repaint or repair thesign in front that reads "Not a Through Way". He said he assumed the barrier is outside the town way and the liability would be on the railroad and not the Town. Mr. Stevens reported that the deed by which the Town acquired the property does refer to a right-of- way over the railroad. He talked with Neil Howland, attorney for the railroad, who gave the orders to have it blocked off. Mr. Howland said that this is a right- of-way for farm use only ad it was not being used far the purpose of farming. Mr. Stevens said he would have to check it and if it is limited to using it as a farm, the Town would not have the right to use it for some other purpose. He said the question is, is the Board satisfied to have it closed or does it think it should be laid out as a public way all the way through. He said he thought the railroad would op- pose the latter, and it requires action by the D.P.U. and County Commissioners. The Chairman asked what right the Fire Department had over that property, and Mg. Stevens replied that it has no right if it is limited to farming. I Mr. Adams said that it was thought, at the time of purchase of the land for the. Fire Department, that it could be used as an emergency exit. Mr. Stevens said another possibility would be to see if the Town could negotiate with the railroad to have.a right-of-way there limited to use by the Fire Department, but that would mean gates. Mr. Adams said that at times the front of the station has been blocked and that was the reason for having this as an emergency exit. Mr. Stevens said if the Town is successful in getting a public crossing over the railroad track, it would have to be on the basis of going to Bedford Street and on the basis of the Town payingfor the lights which would be between $8,000 and 9,000. Mrs. Morey submitted a petition, signed by resi- dents on Hancock Avenue, which was delivered to her home this evening, requesting that the barrier be re- tained permanently, that Hancock Avenue be declared a dead end street and that a sign reading "Dead End" be erected at the Hancock Street end of Hancock Avenue. Mr. Stevens said that he would check and see what the right-of-way was. Mr. D. Hugh Dardep, 61 Burlington Street, met with the Board. The Chairman explained that the Board has read his letter of April 10th, and he has talked with Mr. Darden, but the letter does not exactly make any re- quest relative to pedestrian traffic over his property. Mr. Darden said that he has been troubled since the time of occupancy of the property with people going up and down the driveway to and from the Kinneen Park. He tried to control the situation by discussion with the people involved, but it became so difficult, he called the police. He said the problem relates to a boundary 360 feet running on the southerly side of the Town park. He said the cost of constructing a fence himself to control the situation is something he does not feel he can undertake. He said he under- stood that the town does have an easement for access over Flintlock Road and Red Coat Lane, but it is not used at all. He said he wanted to know ifthere is any possibility of receiving aid from the Town whether it is in the form of a fence, planting or anything else that mi;ht be appropriate. He said he was not too happy about the thought of a fence. The Chairman asked if a fence was erected would people walk up to thefence and then go over his property to get around it. 12 Darden's complaint - Fence 126 Mr. Darden said he would then erect a very simple but not so strong a fence. Mr. Adams said thP.t a planting would be broken through. Mr. Darden said he did not request a fence and it is not his intention to have a fence and the only other solution wouldbe a planting. The Chairman said if people walk through there now, he was sure the same situation would prevail and this is a problem that is unusual and one which is not brought to the Board's attention very often. Mr. Stevens asked if Mr. Darden thought it would help if the Town constructed the passageway over lot 5 and he replied that it would ohly serve that group and would not solve the problem with respect to the school. Mrs. Morey mentioned that there is a fence betteen the playground and Parker Street. Mr. Adams said if it is going to be fenced, it should be an adequate fence. Mr. Darden said he was also concerned about the destruction going on in the park and he has had to put out several camp fires. Mr. Ferguson explained that children have always used the area and there is a fireplace on top of the rocks. The Chairman said he understood that the Town has erected fences on a 50-50 basis, and asked if Mr. Darden would be willing to pay half the cost if the Board de- cided to do: something like that. Mr. Darden said that assuming it is reasonable, he would want to pay. Mr. James said the only type of fence that would be appropriate is a six-foot chain link, as it has to be high enough so the children cannot climb over it. Mr. Ferguson explained that the neighbors around Kinneen Park were very much opposed to having it fenced in and the Town put in some privet hedge all along the street. He said children have broken through but it does provide some protection. Mr. Darden said he would prefer something other than a six-foot chain fence and it would be better to have something growing. The Chairman said that if the Town put in some- thing like that and Mr. Darden paid his share on a 50-50 basis and it did not work out, he would be back. He said there is a problem and he did not think the Town should try to correct it twice. Mr. Darden suggested two strands of heavy wire on heavy posts with a growing kind of demarcation, and the Chairman said th-t he has found that fences that 1 121 are not strong enough are easily broken. The Chairman said that the Board would discuss the subject with the Superintendent of Public Works and try to arrive at some solution but would let Mr. Darden know before anything is done. Mr. Darden retired at 8:35 P.M. Mrs. Morey said that if the Board is going to erect a fence adjacent to a recreation area, it should be a certain size chain link and erected on a 50-50 basis. She said that the Board should have a definite policy. Chairman Abbott, Messrs. Burnell, Grindle, Mabee and Soule of the Planning Board and Mr. Snow, Consultant, met with the Board. Mr. Stevens said that as a result of a meeting last week with the Planning Board in re the Great Meadows, the Planning Board felt that carrying on of negotiations with the Town of Arlington should be by the Board of Select- men. He said he understood that at theAnnual Town Meet- ing in Arlington this year, money was appropriated for a title examination. He said that while that is being done, he assumed is a good time for the Boards to review their position and decide what the procedure is that should be followed in order to see if the land can be acquired. Great The Chairman said that if the Planning Board has Meadows any ideas relative to acquiring this land, he felt that the Selectmen would be interested. Mr. Stevens said it is the function of the Planning Board to study and come up with recommendations as to the uses to which Lexington might put the Great Meadows. He said he thought it would be desirable to have a meeting of the minds of the Boards as to those uses. A group in Arlington feels that the area should be kept open for playground, recreational and educational purposes. There are others who have different thoughts as to what should happen to it, such as using it for a dump or for private development. The Chairman said that the Planning Board should initiate any move concerning the Great Meadow and if it does that and Lexington lets Arlington know what Sts in- tentions are, perhaps some people in Arlington would sup- port Lexington in acquiring the land. Mr. Mabee said that there are four or five factions all having different inter::sts. He said probably four of the five objections could be met by some plan which Lexington could come up with so it could satisfy nearly all, if not all, of the five factions. He said he thought Arlington appropriated $4,000 or $5,000 for a title search because they do not know where their land is or how mucx 128 it is worth, Mr. Stevens advised that if Lexington made a park out of the land, it would be open to all the people in the Commonwealth. If it is for recreation and play- ground, that enables Lexington to exclude non-residents. He said he thought the Meadows should remain open for- ever, and it could serve as a recreational and educational unit for the Lexington School system. He could see no objection to allowing Arlington use of it for educational purposes. Mr. Snow presented a plan and explained ownership of properties and indicated two parcels that he thought the Town should acquire. He said that it was his thought to have Emerson Road generally skirt the Meadows and by so doing, it would serve as a boundary line between the open land and privately owned land. He said the Town has acquired the Millyan property and his thought is to add to between the proposed road and the Adams School site a little more land and have more adequate skating facilities on the Adams School playground, which in itself is not large enough. His thought is that Emerson Road be so constructed that the base of it can serve as a low earth gravity filled dam and five feet of dam is all that is necessary to build a lake. He said he thought the watershed would maintain a lake approximately five feet deep. Much of theland is high and very, very good, and is a natural geological area. He said from a natural science standpoint, as well as a recreational and educational stand- point, the Town has a great resource at its command to develop. The Department of Natural Resources would be more than glad to help prepare plans for the development of the area. The Chairman asked if Lexington should draw up a plan for the Town of Arlington, and Mr. Snow replied in the affirmative. He said Lexington should also set forth in a memorandum the type of policy for the development of the area. The Chairman said that he did not like to burden the Planning Board, but he thought this wasa:.function for that Board. Mr. Snow said that he thought he could come up with some very sound recommendations. Mr. Adams said he thought the proper procedure was to ask the Planning Board to prepare a recommendation. It was agreed that the Planning Board would develop a more complete plan and present it to the Board of Selectmen. Mr. Snow said he would have such a plan ready within a month. The Planning Board retired at 9:10 P.M. 1 12 The Chairman read a letter from Mr. Alfred P. Tropeano advising that the Vine Brook Realty Trust has received notice of the Town's taking by eminent domain a parcel Vine Brook of land on Waltham Street to widen the street. He sug- Realty Trust gested that Town Counsel prepare a confirmatory deed and a partial release of the land taken to be signed by the Lexington Savings Bank, the present mortgagee. He also suggested that the plan of the taking be approved by the Land Court Engineer's Office, and if any stone bounds are required by that Office, that the Town bear the ex- pense of placing the same. Mr. Stevens advised that he would discuss the sub- ject with the Planning Board this evening. Under the present Zoning By -Laws, the site plans, etc., have to he presented to the Board of Appeals for approval. That Board sends them to the Planning Board for recommendation. He said he understands what has been filed so far is very much preliminary. (Mr. Stevens to acknowledge the letter.) The Chairman read a letter from Roger B. Leland, at- torney for abutters on Reed Street, relative to the pro- posed conveyance of various parcels of the triangle lo- cated at the intersection of Laurel and Reed Streets. Mr. Stevens explained that the Town has not gone Laurel and through the procedure of relocating Reed Street and Reed Streets abandoning the old section, and before anything is done about abandoning, he would want an agreement from the people that they will not file for any claim for damages. He said he would write Mr. Leland to that effect. Mr. Carroll advised that Mr. William Brenchick., Lincoln Street, a salesman for Johns Manville, was ap- proached by the American Water Works Association re- garding a film the Association is preparing which will receive national publicity. As part of the publicity, Advertising they want to take two standpipes, one in the East and one in the West and paint the words "Priceless Water" on them to be used for advertising. Mr. Brenchick was requested to contact Lexington. Mr. Carroll told him frankly that he did not like the idea as it was to be permanent advertising. The Board did not favor the proposed advertising suggestion. Mrs. Morey reported that the Baird of Health has requested the Town Meeting Members Association to give them a committee to study garbage and incineration. Committee Mr. Carroll said that, according to Mr. Lurvey, it was just for the incinerator. 130 Gas mains Mr. Stevens advised that the Town cannot have any new dump site without the approval of the Board of Health, so in that sense, it comes under their juris- diction. Mr. Stevens retired at 9:25 P.M. Letters were received from the Mystic Valley Gas Company for location of a 6 -inch high pressure gas main in Lowell Street to supply Mark Moore's development; a 4 -inch high pressure gas main in Lincoln and School Streets to supply #120 School Street; a regulator man- hole and vent in Eldred Street, together with two 4 -inch steel main connections from the manhole to existing gas mains in Bedford Street. Mr. Carroll advised that he approved all the pro- posed locations. The original request for Eldred Street was in the middle of the street and he requested that it be located nearer the property line. Upon motion duly made and sectnded, it was voted to grant the requests subject to the provision that the work is to be done in accordance with Mr. Carroll's specifications and requirements. Upon mction duly made and seconded, it was voted to grant the following j/o pole locations, all having been approved by Mr. Carroll: Winter Street, northwesterly side, southwesterly from a point approximately 90 feet southwest of Grove Street, -- Two (2) poles. Winter Street, northwesterly side, southwesterly from a point approximately 420 feet sot.tkiwest of Grove Street, -- Two (2) poles. Winter Street, northwesterly side, southwesterly from a point approximately 765 feet southwest of Grove Street, -- Two (2) poles. Winter Street, southeasterly side, northeasterly from a point approximately 75 feet northeast of Rangeway, Four (4) poles. Lowell Street, southwesterly side, northwesterly from a point approximately 280 feet northwest of Farirlawn Lane,, -- Four (4) poles. (Four existing JO poles to be removed.) Pit 1 Lowell Street, northeasterly side, southeasterly from a point approximately 180 feet southeast of Win- chester Drive, -- Three (3) poles - - guy wire and anchor on the lst pole. (Three existing JO poles to be removed). Lowell Street, southwesterly side at Maple Street, One (1) pole. (One existing JO pole to be removed). Asbury Street, westerly side, northerly from a point approximately 85 feet north of Paul Revere Road, Two (2) poles. Grove Street, southwesterly side, approximately 30 feet northwest of Winter Street, -- One (1) pole. (One existing JO pole to be removed). Mr. Carroll retired at 9:25 P.M. The Board of Fire Commissioners met with the Select- men. The Chairman explained that one subject for discus- sion is burning without permission, and asked what the solution is to the problem. Mr. Sheldon advised that this comes under the juris- diction of the Forest Warden who is appointed by the Selectmen and the Commissioners have no official ca- pacity there. He said that if the Selectmen want the matter done correctly, they could turn it over to the Commissioners and it will be enforced. He said that Mr. Fitzgerald was the only Commissioner appointed a Deputy by the Forest Warden. He said the first thing is to decide to give someone authority and the second thing is to notify people that permits are required and the penalty will be enforced for unauthorized burn- ing. He said burning without permission is creating a hazard, uses up manpower and equipment, but there must be a clear line of authority. Mr. Stevens returned to the meeting and said he would have to check the Statute, but the Selectmen could not appoint the entire Board of Fire Commissioners as Fire Wardens. N' Sheldon said that if the Selectmen advise the Commid'sioners July 1st, how it is to be handled, they will take care of it. Mr. Adams suggested that a notice, to the effect 131 Pole location Fires 132 Dump that permits are required and the penalty will be en- forced for unauthorized burning, be enclosed with the water bill. The second item for discussion was the Down Dump. Mr. Sheldon said that every year the Commissioners make a review and recommendations for better care and conservation of the dump. One of the basic recom- mendations that has not been followed is controlled burning. He said that there are arguments against con- trolled burning, and Mr. Gayer was opposed to it. He said the combustible material should be pushed to one side to become fill. He said the combustible material and the solid material should be separated but it will cost money. He reported that garbage is still being dumped and the Commissioners have been told that some of it is brought in from out of town, and this is a matter of supervision. The Chairman asked how the Commissioners thought the people in the neighborhood would feel about controlled burning, and Mr. Sheldon replied that now there in uncon- trolled burning, which uses manpower, equipment, hose and water. The Chairman asked how the Commissioners would set up a program of controlled burning and Mr. Roeder replied that controlled dumping is needed first. Mr. Sheldon said that someone would have to ;op everyone dumping and instruct them where to dump. The Chairman said that controlled burning would result in daily telephone calls about smog and odors. Mr. Roeder said that Belmont burns on the level in one area and when the material is completely burned, it is pushed over to the side. Mr. Adams said that most of the complaints would be when the wind is in a certain direction, and Mr. Roeder said that there would I -r ve to be burning every day. Mr. Ferguson asked what was wrong with the dump. now since the hose was put up there and it is being controlled. Mr. Sheldon said that better supervision is needed, and it would be better to forget controlled burning and have better supervision. Mr. Roeder said the problem is actually a matter of supervision and if there were two men on duty to enforce the dumping, the problem could be controlled. Mr. Sheldon said th^t better supervision would keep the garbage out and eventually decrease the number of rats. The Chairman said that the subject should be dis- cussed with Mr. John Carroll. 1 Mr. Sheldon said that all the Commissioners can do is to make suggestions. Mr. Rodder said it would be better if the Public Works Department provided horse as the Fire Department hose is being ruined. They use a 22" hose because li" is not adequate after a fire gets going. He said if the Public Works Department had three or four lengths of 22" hose and a few lengths of li" hose, it would save a lot, and would cost about $300. Mrs. Morey said that the point has been raised when there is a vacancy in the Fire Department, a pub- lic notice should be inserted in the paper that a vacancy exists and everyone should be given an inter- view. She said that a vacancy is public information and anyone should have the privilege of applying. Mr. Sheldon explained that the Department has more applications than position; and many of the men have been interviewed repeatedly. He said tht the Com- missioners encourage interested applicants to stand by and apply again, and they checked twenty-two names of ap„licants. Mr. Adams asked if any man could go in at any time and place his name on the list, and Mr. Sheldon replied that an application could be obtained by any- one at any time. Mr. Adams mentioned the need of an extra access at the Central Fire Station and the Chairman asked the Commissioners how they felt about it. Mr. Sheldon asked if the Board wanted to be able to cross the tracks at any time, and Mr. James replied that he did not think the Board knew. Mr. Sheldon said he did not think it would hurt the Department if the access was closed. Mr. Roeder said th't it has been used a couple of times, and Mr. Fitzgerald said thet he did not think the Department would lose anything by not having the access. Mr. Ferguson asked if the Commissioners would complain if it were closed, and Mr. Roeder replied in the negative. Mr. Adams said that when the Town purchased the land for the Fire Station, the thought was to have an emergency exit. Mr. Fitzgerald said th't if cars were parked at the Masonic Temple and the equipment had to go up Hancock Street, it would never make it. The Chairman asked if the Commissioners thought it would be wise to have a gate at the crossing if the 1133 Vacancies Fire Dept. access crossing 134 Street name Town has the right to use it, and Mr. Sheldon replied that it might have some merit. Mr. Roeder said it could be kept locked and used for emerg4ncies only. The Chairman explained that Town Counsel is in- vestigating the status of the crossing. The Commissioners retired at 10:15 P.M. The Chairman read a le tter frau the Planning Board advising that it had voted to affirm its pre- vious recommendation that the proposed road between Wood and Bedford Streets be named Hartwell Avenue. It is understood that the land on either side of the road will be subdivided at a later date, at which time the Board will consider using the name Maguire for one of the streets in the land to be subdivided. The Chairman read a letter from the Annual Robinson Hill Field Day Committee, requesting permission to have all streets leading to thehill roped off for a parade Closing planned for sixty-nine children to be held June 20th streets between 2:30 P.M. and 5:30 P.M. The Board felt that the Chief of Police should be consulted and a paid detail at each street closed off. Request was received from the Veterans of Foreign Poppy Drive Wars for permission to donduct its Annual Poppy Drive on May 21st and 22nd. Upon motion duly made and seconded, it was voted to grant the request. Letter was received from the United Cerebral Palsy of Greater Boston, Inc., together with suggested pro - Proclamation clamation to be released to the local press the first week in May. The proclamation was given to Mr. Adams for pub- lication. Notice was received of the Middlesex County Select- men's Association Meeting to be held Wednesday, May 20th, Meeting at the Carling Brewery, Natick; social hour 5:30 P.M.; dinner 6:30 P.M. Upon motion duly made and seconded, it was voted to grant the following licenses: Licenses Clarence E. MacPhee Village Variety Lex. Cab. Co. 14 Baker Ave. 93 Mass. Ave. 11 Depot Square immalt Puri 1 Street name Sunday Sales (renewal) 0 n n Public Carriage 't 1 Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Lockwood Road and Byron Avenue from Rhodes Street a distance of 256' ± easterly on Lockwood Road and from 160' ± northerly of Lockwood Road a distance of 270' - southerly on Byron Avenue. Mr. Adams brought up the subject of establishing a policy relative to Package Goods Store licenses, Mr. James said that occasionally the Board has a question of this type that it wants to think about for a while, and he suggested thilt this subject be given some thought this week and placed on the agenda for the next meeting, at which time a decision can be made. The Chairman said that he preferred to consider each application as it was submitted rather than to establish a definite policy, because the policy may not be what the Board would want to follow at some future time. He said each application should be considered separately as presented. Mr. Ferguson said he agreed with the Chairman. The meeting adjourned at 10:45 P.M. A true record, Attest: gxecutive erk, 'Selector 135 Sewer Order Package Stort license s 136 Minutes Gasoline hearing Buckman Tavern Insurance SELECTMEN'S MEETING May 11, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 11, 1959, at 7:30 T.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were pre- sent. Mr. Stevens, Town Counsel, Mr. John Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, the minates of the Selectmen's Meeting held on May 4, 1959 were delcared approved. Hearing was declared open upon application of the Pine Meadows Country Club for permission to main- tain one underground tank for the storage of 500 gal- lons of gasoline on the premises at 232 Cedar Street. Notice of the hearing was advertised in the April 30, 1959 issue of the Lexington Minute -man and the abutters, according to the Assessors' list, were noti- fied. No one was present at the hearing in favor or in opposition. Upon motion duly made and seconded, it was voted that the application be approved and a license issued to the Pine Meadows Country Club to store 500 gallons of gasoline in an underground tank at 232 Cedar Street. Mr. Stevens reported that Mr. Ralph H. Tucker, President of the Lexington Historical Society, was surprised to find that the Buckman -Tavern had fire insurance for only $12,000. and he immediately placed it at $45,000. Mr. Stevens had a copy of the lease of the building and said it seemed to him the policy should cover both the Town and the Society, and the cost of the premium could be divided. He explained that the Society has to restore the building and keep it in good repair. If the building is destroyed by fire or other unavoid- able casualty, or whenever it can no longer be repaired, the lease would terminate. The building was appraised for insurance purposes on April 27th and the present re- placement cost was established at $56,892. He recom- mended that the insurance be increased to $45,000 as suggested by the Society. Mr. Stevens suggested that the subject be dis- cussed with Mr. Tucker and Mr. Converse Hill and a,de- cision arrived at as to what the Society and what the int 1 1 137 Town is responsible for, and divide the fee. The Board was unanimously in favor of increasing the coverage. Mrs. Morey said the society should pay for the insurance coverage on the contents of the building and Mr. Stevens explained that was up to the Society. The Chairman eaid that he thought Mr. Stevens should word the policy and he said that he told Mr. Hill he would check it. Mr. Stevens said that he understood the Board wanted to have a policy written for at least $4,000 on the building payable to both the Town and the Society; the premium to be divided the way it can be worked out with Mr. Tucker and Mr. Hill. Mr. Stevens referred to the Boston and Maine Rail- road crossing at Hancock Avenue and said he was supposed to check into the matter, but he was not 100% sure of what the Town does have. He said it appears that the crossing may be limited, and according to the records, if the railroad was not providing a right-of-way for Hancock Ave. all occasions, it was not conferring much benefit to railroad the owner of the land. He explained that there other crossing questions involved as to whether or not that right -of- way would go with all the land upon which the Fire Station is located. He said it comes down to a question of policy as to what the Board wants to do. He said the Board could not establish without legal procedure a claim that the Town does have a legal way other than a farm crossing. If the Board decides that it does want a crossing there, it will have to be a public cross- ing with proper grading, proper warning devices, etc. If the Board decides that, the railroad would undoubtedly oppose it. Mr. Adams asked if the railroad had the right to put the rails there, and Mr. Stevens replied the only right given was in the terms of a farm crossing. Mr. Adams said he felt there should not be a through way, but as an emergency exit, he thought it was very valuable. Mr. Stevens said that the Board could say, because of the position of the Fire Department, it should be an emergency exit. However, the only way to accomplish this would be to establish a town way and ask if the railroad would consent with gates, locks, etc. The Chairman said he thought the Fire Department should decide what it wants. Mr. Adams suggested that a letter be written to the Board of Fire Commissioners requesting them to advise the Selectmen in writing whether or not, in their opinion, this crossing is essential as an emergency exit for the 188 Fire Department. At 8:15 P.M., hearing was declared open upon written complaint filed by Mrs. Concetta Cataldo, t7 Rindge Avenue, against Patrick McHugh, 42 Rindge Avenue and Jack Irwin, 108 Bow Street, relative to property damage by their dogs. Mr. and Mrs. Anthony Cataldo, Mr. and Mrs. Patrick McHugh, Mr. and Mrs. Jack Irwin, Mr. Chapman, George W. Porten, Dog Officer, Mr. T. Corkery, Dog Officer, Middlesex County Commissionerst Office, and others were present. The Chairman explained that anyone desiring to Dog Hearing testify would have t o testify under oath. The Cataldos, Irwins and McHughs stood and were sworn by Mr. Stevens, Town Counsel. Mr. Cataldo said the McHughs and Irwins would not keep their dogs off his land and they have caused close to $200 damage. He said he called them on the telephone, sent the Dog Officer to see them and also the Animal Rescue League, but they never paid any at- tention. Mr. Cataldo submitted a bill for $184,35 which he said was the amount of damage done by the dogs. Mr. McHugh explained that at the time this happened, Mr. Cataldo called him and there was frost in the ground. He offered to pay for the damage, but Mr. Cataldo said there was no damage done because of the frost in the ground. He said when the frost began to come out of the ground, Mrs. McHugh saw Mr. Cataldo throw a piece of 2 x 4 at his dog, a 10" beagle, and to his knowledge, the dog has never been on the Cataldo property since. He.said he inquired all around the neighborhood and could not find anyone to say that the damage was caused by his dog. He said he could__not understand how his dog could have caused this amount of damage, and that he has insurance. He said he does not know of any in- stance where his dog has caused any damage. When he lets the dog out in the morning, he goes directly away from the Cataldo property. Mrs. Cataldo said that every morning after her husband has left, the McHugh dog is let out the front door and he goes right over her flowers. Mr. Corkery said that the County Commissioners re- ceived two letters and asked him to investigate. He made three trips in the area, one with the local Dog Officer, but could not find a dog in the area. He said there is no doubt tphe Cataldo family is suffering loss by this condition, and he thought they were entitled to relief. The Chairman asked if pepple are liable for damage l 1 1 caused by the dogs even if the dog is owned by a minor, and Mr. Corkery replied ths; the parents would be responsible. Mr. Porten said that prior to the complaint re- ceived by the Board, he received a complaint in the -form of a letter which was half complaint and half a threat. He said he went down to investigate and found tat Mr. Cataldo has a problem. He could nbt find who complained because there was no such person as the one who signed the letter. He said he talked to these people,.and Mrs. Irwin asked if she had to restrain her dog. He advised her that he did not have authority to issue a restraining order. They made it clear they did not feel theirs was the only dog involved as there are many dogs in the neighbor- hood. He said there is definitely damage to the Cataldo property caused by dogs, but he could not truthfully say it has been caused by these particular doge. Mrs. Irwin said the neighborhood is overrun with dogs and these two are only two out of about forty. She asked how anyone could say those two doge are doing the damage. The Chairman said that the complaint has been made against Mr. McHugh's and Mr. Irwin's dogs and the County Dog Officer has testified that the Cataldos have some grievance because damage has been caused by dogs. Mrs. Irwin said that there is no proof that the damage was caused by her dog. The Chairman said that the Board hoped these people would agree voluntarily to restrain their dogs to see if the problem still existed. Mrs. Irwin said her dog is in the house every day or she takes him out in the car. Mr. Corkery said he would like to suggest a test period of thirty days for restraining the dogs to see if it would help relieve the Cataldo family of a finan- cial burden. Mr. Chapman, Mrs. Irwin's father, said he would be glad to take the dog. The Chairman said that the Board does not like to issue restraining orders and asked the people, for at least a month, to keep their dogs restrained on a voluntary basis. Mr. James said that no one had proven to him which dog did the damage. Officer Porten said that if these people would restrain their dogs for a trial period of thirty days, he would check the area and see if the problem can be solved. 144 The Chairman asked what recourse Mr. Cataldo had for the damage he claims was caused, and Mr. Corkery replied that the Town Counsel should be consulted. He explained that the Board has the power to restrain the dogs, but for recovering a certain amount of money, he thought it was a civil matter. The Chairman said that theBoard had heard the evidence and he thought the people involved should try and help themselves rather than involve the Town. He said he hoped the dogs would be voluntarily restrained for a thirty -day period and declared the hearing closed. The group retired. The Chairman read a letter from Senator William C. Madden, together with a copy of letter he sent to the D.P.U., because of the recent accident at the Hancock Avenue grade crossing, requesting a complete report. The Chairman was authorized to acknowledge the Grade letter advising that theBoard has the subject under Crossing consideration as to whether or not this should be laid out as a public way.with proper grading, proper warning devices, etc., and that it felt he was follow- ing the proper procedure. Letter was received from the Cary Lecture Com- mittee, a copy of which was sent to the Board and Town Counsel, stating it is their opinion that another Cary Lectures means should be found for spending the funds available under the provision of the Cary will because of lack of attendance at the lectures. Mr. Stevens questioned whether or not the Court could be convinced that the provisions in the will could not be carried out. He said from the letter he did not think there are facts that would authorize a Court to give a decree to use the money for scholar- ships. Mr. Adams asked if the Trustees would have to initiate this, and Mr. Stevens replied that it would be better that way. He agreed to contact Mr. Robert Holt, a Cary Trustee, and discuss the subject with hits. Letter was received from Charles E. Ramsey (H. W. Newgent & Associates) on behalf of the Custom Colonials, Tax title Inc., offering $150 for tax title lot 2i., block 33, Avon Street. Lots 19 through 23 are owned by a private individual; lot 18 is owned by the Town; and there are houses on lots 12, 17 and 20. Mr. Snow drove over the street, and his report was that he felt no building permit should be issued until 1 the street is constructed, but the difficulty is that there are now three houses already located. It was unanimously agreed that it is in the best interest of the Town not to dispose of the lot. Mr. Adams reported that there was a fire at the damp on Lincoln Street Saturday and he double checked with Roy Cook,®hief Engineer, who said that there was an alarming number or rats in the dump, which he sup- posed was a Board of Health situation. Mr. Carroll said that there is no doubt about the rat problem. He can dispose of the rats, but at the same time, dogs would be killed. He has an ex- terminator who visits the camp every month, and per- haps -the control should be intensified. Mr. Adams reported that while he was at the dump, a Howard Johnson truck came in with paper platters, and there was food on every one of them. He said sooner or later there would have to be a change at the dump and he thought it was supervision. Today, about three o'clock, there was no attendant at the dump. He said if there is to be more enforcement, there will have to be another man. Mr. Carroll said he thought there should be two men; one a full-time dozer operator and one an attendant. He said he thought the dump was open too many hours and should not be open Sundays. He stated that dumps in most Towns are not open on Sundays. Mr. Adams said he thought the regulations should be enforced. Mrs. Morey said that occasionally the question comes up about sellin7 the privilege of running the dump. Mr. Adams explained that was ruled illegal. Mr. Carroll said he did not like that arrangement because he thought the Town should have control of the dump due to its nearness to the center. Mr. Ferguson asked Mr. Carroll for his suggestions. Mr. Carroll explained that one of the problems is the attendant, who, if not at the dump, is a welfare case and about a year away from retirement. The Chairman asked Mr. Carroll to look into the pos- sibility of retiring the present attendant. Mr. Carroll said he would like to have two full-time attendants, or perhaps he should put it that he would like two attendants most of the time so he could have a bulldozer in operation, and he would like to have active enforcement of the regulations which would go a long way, toward improving the situation. He said he was definitely opposed to Sunday dumping, but that is for the Board to decide. Dump 141 142 Traffic Lights Pelham Rd. Mr. James said from an efficiency point of view, Mr.Carroll was right in regard to closing Sundays, but from a public point of view, he was wrong. Mr. Adams said he did not think the dump should be open seven days. The Chairman said if the dump is to be closed one day, it shoui be Sunday. He said a sign could be posted giving notice that the dump would be closed Sundays after a certain date. Mr. Ferguson said if there were two men at the dump full time and anything went wrong, Mr. Carroll would know who was responsible. Mrs. Morey asked if one attendant could etand at the gate and check on the people coming in. Mr. Carroll replied there is no reason why that couldn't be done. He said possibly enforcement could be discussed with the Chief of Police. Mr. James said the Chief had said there should be a telephone on the premises, and if any trouble occurs, a call could be put through to the police. Mr. Ferguson asked if the attendants would be Special Police and a uniform. Mr. Carroll replied they could be appointed Special Police, wear a badge and wear some type of jacket. Mr. Ferguson said he would try anything as a solution and he might change his mind, but Mr. Carroll has sug- gested two attendants, Sunday closing and bulldozing. He said he was in favor of trying it and if it does not work out, something else will have to be done. The Chairman asked Mr. Carroll to find out first • whether or not Mr. Kelley can be retired. Mrs. Morey suggested some definite program ready to be put into effect by June 1st. The Chairman read a letter from Senator William C. Madden requesting, on behalf of the Lexington Academy of the Holy Family on Pelham Road, installation of push- button traffic lights at the intersection of Pelham Road and Massachusetts Avenue. The lights he has in mind are the same as those now installed at the East Lexington Branch Library. It wrs agreed to advise Senator Madden that push- button lights would serve pedestrians only and the Board is also concerned about reducing the vehicular traffic hazard at this particular curve. Furthermore, an in- vestigation was made some time ago and it was then deter- mined that traffic lights would not solve the problem, but the relocation of Pelham Road would greatly reduce tie hazard. A layout and relocation was prepared, but Mr. Daniel A. Lynch, attorney for the Grey Nuns, re- quested that no action be taken at that time because of tentative plans for future development of the area by the Grey Nuns. He advised th::t the Town wait until the Gray Nuns and their architect had prepared plans for development of the property. Upon motion duly made and seconded, it was voted to grant petition of the Boston Edison Company and the New England Telephone & Telegraph Company for the fol- lowing pole, guy wire and anchor locations: Greenwood Street, northwesterly side, northeasterly from Harbell Street, -- 1.43 Pole locations Ten poles (10) guy wire and anchor on the 1st and 10th pole. Mr. Carroll retired at 9:50 P.M. Chief Rycroft and Mr. John Connors, Motorola re- presentative, met with theBoard. The Chief explained that some changes have to be made in the radio system in 1960 and the major change will be in 1963. He stated that there are two lines of thought on the subject. The Town can hn.ve a community setup, which is similar to what it now has, or the police, Fire and Public Works will be set up individually. He said he was not thinking in terms of dollars and cents but rather what is best for the Town. Mr. Connors explained that the changes are the result of the F.C.C. regulations. He said that in discussing the subject with Chief Rycroft, the Public Works and Fire Department, it appeals that they would all like to stag on the existing pattern. Mr. Connors discussed the subject at length and Chief Rycroft said that he thought the Town should go to municipal radio. He said it would be economical, and frankly, he liked it. When the Public Works, cars are out, it is like having another cruiser. The police can also call the Fire Department and advise if a fire is discovered. Mr. Connors explained that it will cost about $1700 for a new transmitter with one remote control. The entire project would be about $5,000, The Chairman asked about the cost to break the system into three separate units, and Mr. Connors replied that it would be $1600 times three for a new base station. The expense would be almost triple. The Chief explained that everything has been cleared with the Edison Company and the telephone company. The Radio 144 only item now is to wet the papers through and ap- proved. p- proved. The Chief and Mr. Connors retired at 10:35 P.M. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation application on Cert.of Inc. behalf of Dean E. Nicholson, 42 Hill Street; a satis- factory character reference having been received from the Chief of Police. Fire Tax title Tax title The Chairman read a letter from Mr. Burnham Kelly, 6 Stratham Road, protesting action of the Fire Depart- ment in burning over some swampy and low-lying area owned by him without previoudy consulting him. Letter was received from H. W. Newgent & Associates offering $1,500, on behalf of Custom Colonials, Inc., for tax title Block 31, Avon Street. Upon motion duly made and seconded, it was voted not to dispose of the property at this time. Further consideration was given to Mr. Alexander MacMillan's offer of $1,000 for tax title lot 18 and part of 17 on Sylvia Street. A proposal to sell the lots was advertised in the April 30, 1959 issue of the Lexington Minute -man, but no persons contacted the Selectmen's Office as a result of the advertisement. Upon motion duly made and seconded, it was voted to to sell and convey tax title lot 18 and part of 17, Sylvia Street to Mr. MacMillan for 51,000, subject to the provisions that, if he intends to make one building lot, he will have to take ten feet from this parcel and add it to the abutting property upon which his present building is now located. Upon motion duly made and seconded, it was voted to re -appoint Mr. Rufus L. McQuillan a member of the Board of Health for a three-year term expiring June 1, 1962. The meeting adjourned at 10:50 P.M. A true record, Attest: 145 SELEC TMEN ' S MEETING May 18, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 18, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting Minutes held on May 11, 1959. The Chairman read a letter from Mr. Stevens rela- tive to a sewer betterment of $1,005.31 assessed upon land of Charles G. & Betty G. Ruggiero, being lot 44 Interest on Battle Green Road. Mr. Ruggiero stated that he never received a bill and that it was his intention to pay the betterment in full. Mr. Stevens received a check and recommended abatement of the interest. Upon motion duly made and seconded it was voted to abate the interest in the amount of ;46.91, account #5449. Mr. Stevens reported that from tine to time he has received from the Tax Collector lists of unpaid bills due the Town for sewer services. When the estimate exceeds the cost, the amount is turned over to the Collector and sometimes payment is made and some times it is not. He said even though the amounts are small, he supposed proceedings to collect should be started. He explained that in some instances it Unpaid will cost more to collect than the amount of the un- sewer paid balance, but if these bills are to be collected, services proceedings will have to be started. He has written letters and the next step is to bring suit. Upon motion duly made and seconded, it was voted to authorize the Town Counsel to start necessary pro- ceedings in an effort to collect the unpaid bills due the Town for sewer services. Mr. Stevens reported that he has contacted the insurance company and proceeded to have insurance coverage placed on the Buckman Tavern in the amount of $45,000 for which the Town will pay one-half of the premium. 146 The Chairman read a letter from Mr. Stevens ad- vising that a narrow strip of land belonging to Chester L. and Kathryn K. Blakely situated at the corner of Bedford and Winter Streets was taken by the Commonwealth in the relocation of Bedford Street. There is an out- standing sewer betterment assessment on the Blakely land originally in the amount of $1,041.01, which was apportioned Sewer over a ten year period and is being paid off in annual in - Betterment stallments. The Blakelys have settled their claim for damages release with the Commonwealth, but before payment can be made, it is necessary for the Town to release the land taken from the lien of the betterment assessment. Upon motion duly made and secortled, it was voted to release from the lien securing the betterment assessment of $1,041.01 such part of the land of Chester L. and Kathryn K. Blakely as is included within the State high- way location as altered and laid out by the Commonwealth. M. Stevens reported that Mrs. Mark Moore, Jr. was involved in an accident with a Town truck at the inter- section of Waltham Street and Massachusetts Avenue, on April 30, 1959. Moretti, driving the Town trailer truck, Claim scraped Mrs. Moore's car. One of the witnesses said there is no question of who is liable. An estimate of $129.45 was received from the Colonial Garage for repair- ing the damages and an estimate of $111.30 was received from Rowe -Jackson. Mr. Stevens sent Mrs. Moore a release based on the $111.30 estimate. Upon motion duly made and seconded, it was voted to authorize settlement of the claim for damages in the amount of $111.30. Cary Lecture Committee Letter was received from Mr. Stevens advising lie had contacted Robert H. Holt, president of the Trustees, in reference to the letter of April 30th, received from the Cary Lecture Committee for 1958-59. A copy of Mr. Holt's letter to the members of the Committee was enclosed. Mrs. Morey said she thought the new Committee should be given the material and proceed with the recommendations. She also suggested that the new Committee meet with the Board. It was agreed to thank the 1958-1959 Committee for its work and advise that a copy of Mr. Holt's letter had been received which the Board thinks sets forth the situation very clearly. If the 1959-1960 Cary Lecture Committee so desires, an appointment will be made for the subject to be dis- cussed with the Board. Mr. Stevens reported th'4t lot 11 off Holton Road, containing 31,230 square feet, more or less, with a frontage of twenty feet, was considered to be owned by the Town by Mr. Harvey Newgent. He had saved it for the Town for a recreation area. Mr. Stevens said he thought the Planning Board recommended that the Town acquire it and the easiest way would be to take it for the amountof unpaid real estate taxes in the amount of $132.25. Mr. James pointed out that much discussion is held about recreation areas but no one seems to know what they are going to be used for. Mr. Adams 'aid it could be used as a neighbor- hood play area and Mr. James said it might cost the Town more than its value. Mr. Stevens said that Mr. Newgent stated that interest was expressed in having this for a recreation area and he saved it for that purpose. He considers it belongs to the Town and is willing to execute a deed. Mr. Stevens said he would discuss the subject with the Planning Board. Mrs. Morey suggested that the parcel be given to the abutters and Mr. Ferguson said he would be in favor of acquiring it for unpaid taxes. Letter was received from Mr. Stevens relative to a vote of the 1959 Annual Town Meeting authorizing the Selectmen to acquire for playground or recreational purposes any or all undeveloped land abutting Town land on North Street that was acquired in 1957. A deed has been obtained from the Esco Builders conveying to the Town land located between the Shannon pit and the State Esco land highway location for the proposed Route 3. The agreed price is $100. Upon motion duly made and seconded, it was voted to purchase, pursuant to vote under article 38 of the 1959 Annual Town Meeting, from Esco Builders Corporation, land located between the former Shannon Pit and the State highway location for the proposed Route 3, for an agreed price of $100. The Chairman read a letter from Alfred P. Tropeano, together with plan showing lots C, D, E, Waltham Street, owned by Vine Brook Realty Trust, stating that Lot C was entitled to the same waiver of betterments that the other lots received. Mr. Carroll explained the location of the sewer in relation to the lots. Mr. Stevens said that it seemed to him there was 147 Newgent tax title land Betterments 148 Trees on Common Gas Main National Historic Districts omm . some discussion as to whether or not a precedent was being established and he did not think there was anything in the arrangement to include any future development. Mr. Carroll said he thought Mr. Tropeano under- stood that, and Lot 0 is identical to Lot B. Mr. Stevens said he would look into the previous correspondence and report next Monday. Mr. Stevens retired at 8:35 P.M. The Chairman read a letter from Mr. William Roger Greeley stating that last year maples were planted on the Common, and the Chairman agreed to have them removed and substitute trees of some native species. He also asked about plans for the Wardrobe property. Mr. Carroll reported that the only planting on the Common was three American elm trees. Mr. Mazerall feels with proper control, he can control Dutch Elm disease especially in this area and he wanted to try some elms. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to extend a 4 inch low-pressure gas main in Crosby Road to supply gas to house #3, providing the instal- lation conforms with Mr. Carroll's specifications. Mr. Carroll retired at 8:40 P.M. Mr. Bertram P. Gustin, Chairman of the Town Cele- brations Committee, met with the Board. He reported that Mark Bortman, Chairman of the National Historic Districts Commission, who is involved in thePeople to People program, attended a Committee meeting last week. The Committee gave him a Liberty Bill and a Certificate of Birth. He is going to take 1000 copies of the Certificate to use at a conference in Berlin June 21 -23rd where there will be 800 Mayors in attendance from the cities and towns of free Europe. He would also like to work next year's celebration into the People to People program. The Committee would like the Board to act in an official capacity. Mr. James asked what would be involved as far as the Board is concerned, and Mr. Gustin said it would mean being present at dinners, speech making, etc. The Chairman said he thought the Board would be pleased to co-operate. Mr. Gustin reported that the Town Celebrations Committee will be responsible for the cost of re- pairing and cleaning the the Shenandoah Flag System. Mr. Gustin retired at 8:55 P.M. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Regulations of the Town by adding to Article V, Section 2, the following: On the easterly side of Hill Street from Diana Lane northeasterly 1400' ± (No Parking). Letter was received from the Town of Belmont inviting the Board to participate in Centennial cele- bration to be held on June 17, 1959. Further consideration was given to Walter J. O'Brien's offer to purchase tax title lots 579-584. on Edna Street. Mrs. Morey re.)orted that she and Mr. Adams had looked at these lots and are of the opinion that the Planning Board's recommendation not to dispose of any lots on Edna Street should be followed. Mr. Adams explained that Edna Street is very narrow and if it is contructed under the Betterment Act, the Town will have to assume a large portion of the betterments because of the corner properties. Upon motion duly made and seconded, it was voted not to sell any tax title lots on Edna Street and therefore to reject Mr. O'Brien's offer. Mrs. Morey referred to tax title lots on Free- mont and Asbury Streets and stated that if a builder has already started a development and it appears to be a good one, it would seem reasonable to sell the tax title lots to that individual if he will con- tinue the services without any cost to the Town. Upon motion duly made and seconded, it was voted that a proposal to sell lots 243-258 inclusive on Asbury Street, lOts 23t-242 inclusive on Freemont Street and lots 631-634 inclusive on Freemont Street be advertised in the Lexington Minute -man, and that further consideration be given the offers received on these lots at the June 1, 1959 meeting of the Board. Mr. Adams did not vote. Letter was received from Charles E. Ramsey, H. W. Newgent & Associates, asking the Board to reconsider its decision relative to tax title lots 50 add 60 Ivan 1 : Flags Traffic Rules & Regulations Tax title • Tax title lots 150 Tax title Tax title Zoning violation Street. It was decided to lookat these lots again and also find out what betterments have been assessed against the property. Letter was received from Charles E. Ramsey, H. W. Newgent & Associates, relative to lot 24, block 33 Avon. Street, which the Board had advised that it appeared to be in the best interest of the Town not to sell. The Board looked at the plan again, and because the prospective purchaser intends to acquire lots 25 and 26, decided to advise Mr. Ramsey that the Town does not make any agreement or representation as to the validity of the title, and it is the purchaser's responsibility to have the title checked. If under these conditions, he is still in- terested in acquiring the property, the Board will consider the offer of $150. The Chairman read a letter from Mr. Irwin, Building Inspector, with reference to a complaint registered by Mr. Charles K. Stocker, concerning operations of Ralph J. White, 81 Woburn Street. Mr. Irwin reported that the premises are being used for junking operations and as such use is prohibited by the Zoning By -Law, he will proceed to have the situation corrected. Upon motion duly made and seconded,it was voted to • grant the following licenses : Town Line :Pharmacy 120-Massadhusettj.Avenue Sunday Sales George H. Phelan 11 Stevens Road Peddler The meeting adjourned at 9:45 P.M. A true record, Attest: c�ztiv Clerk Selec 1 (renewal) to M SELECTMEN'S MEETING May 25, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 25, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were pre- sent. Mr. Stevens, Town Counsel, Mr. Carroll, Superin- tendent of Public.:Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on May 1Q, 1959. Mr. Stevens presented an Order of Taking for a sewer easement across land of Bramont Trust, adjoin- ing the ramp at Marrett Road and Route 128. Order of Mr. Carroll presented a plan entitled "Plan of Taking Sewer Easement off Northern Circumferential Highway, Route 128, Lexington, Mass. Scale 1" = 40', May 19, 1959, John J. Caro11, Town Engineer". Upon motion duly made and seconded, it was voted to sign the Order of Taking as prepared by Town Counsel in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of tiseTown of Lexington held on the 25th day of May, 1959, it is ORDERED: Whereas at a special Town Meeting duly called, warned and held on September 15, 1958, in accordance with with the provisions of law applicable thereto, it was unani- mously nani- mously "VOTED: That the Selectmen be and they hereby are authorized to further extend to the general vicinity of the intersection of Shade and Weston Streets, in such lo- cations as the Selectmen may determine, subject to the assessment of betterments or otherwise, the sanitary sewer that it was voted to extend under Article 14 of the warrant for the 1958 Annual Town Meeting, in accordance with Chapter 504 of the Acts of 1897, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for the construction of such extension and for land acquisition the sum of §223,000.00 and to pro- 152 vide for payment thereof by the transfer of $6880.00 from the Sewer Assessment Fund, the transfer of $6200.00 from the unexpended balance in the current appropriation for Interest on Debt that was voted under Article 4 of the warrant for the 1958 Annual Town Meeting, and the balance of $210,000.00 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 author- ized to borrow the -sum of $210,000.00 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 from their dates.", and WHEREAS the Selectmen have determined that in 'order to install the said sewer it is necessary that the sewer 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 theGeneral Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way en- abling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to 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 pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexington bounded and described as follows: Beginning at a -point in the southeasterly line of the N rthern Circumferential Highway (Route 128Ramp5 which point is situated southwesterly and distant 38.08 feet from a Massachusetts highway bound; thence running South 08°49'22" West distant 336.16 feet to a point at land of the Commonwealth of Massachusetts; thence turn- ing and running South 60° 58'40" East by said land of the Commonwealth of Massachusetts, dis- tant 21.32 feet to a point; thence turning and running North 08° 49' 22" East, distant 352.98 feet tb a point in said southeasterly line of the Northern Circumferential Highway (Route 128 Ramp); thence turning and running South 73° 24' 29" West by said line of the Northern Circumferential Highway (Route 128 Ramp) distant 22.14 feet to the point of beginning: mai 1 1 153 all as shown and marked" 201 Sewer Easement" on plan entitled "Plan of Sewer Easement Off Northern Circumferential Highway (Route 128) Lexington, Mass.", dated May 19, 1959, John J. Carroll, Town Engineer, a copy of which is hereto annexed and to be registered herewith. And we do hereby also so take temporary construction easements, for use in constructing the sewer to be in- stalled in the permanent easement hereinabove described, in two strips of land each having a uniform width of 15 feet and extending respectively along the full lengths of the easterly and westerly side lines of the above de- scribed permandnt easement, all as shown and marked"15' Construction Easement" on said plan. The temporary construction easements herein taken include the right to enter upon the land taken, to deposit 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 condition in which It was prior to the entry of theTown thereon. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than one year from the date of this order. Said rights and easements in the land included within 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 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 land in whbh the aforesaid rights and easements 154 are taken is believed to belong but if the name of the owner of terest therein is not stated or to be understood that such land owner or owners unknown to us. to the following named parties, bu any of said land or of any an - is not correctly stated, it is or interest is owned by an REGISTERED LAND Lots as shown on aforesaid Certificate Owner plan of title Book Page Theodore L. Storer and Part of Roscoe W. Brooks,Trustoes Lot"A" 88131 570 181 of Bramont Trust 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 sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 25th day of May, 1959. /5/ William E. Maloney Raymond W. James Ruth Morey Gardner C. Ferguson Alan G. Adams Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, as. May 25, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 155 Mr. Stevens prepared three copies of proposed deed from the Town to Philip J. Knox, Jr., of lots 228 to 233, inclusive, Freemont Street. Included in the deed is a restriction requiring the lots to be combined into one Tax title lot for building purposes and a sewer easement in the whole of lot 233 has been reserved. Mr. Stevens assumed that arrangements will be made so that delivery of the Town's deed will be made only at such time as there is delivery of the deed from Mr. Knox to Mr. Lloyd of lots 222 and 223, Freemont Street. Upon motion duly made and seconded, it was voted to sign the deed conveying lots 228 to 233, inclusive, on Freemont Street to Mr. Philip J. Knox, Jr. Letter from Mr. Alfred P. Tropeano, relative to waiver of betterments on Lot C, Waltham Street, was held over. Mr. Stevens said he would have Mr. Tropeano bring the plans in so he could see them and then advise the Betterment Board on the basis of the plans. At 8:00 P.M., Mr. Roland Greeley and Mr. Herbert Bogan met with the Board. Mr. Greeley explained that he was representing the School Sites Committee relative to redevelopment of that part of Meagherville from Route 128, not the industrial area. The School Sites Committee feels strongly that there is need for a school site in that area. The Town has a great deal of tax property in the area, none of it large enough in a single parcel for a school. He said the Committee could recommend to the Town the purchase of ten or fifteen acres for a site but it might involve half a dozen lots. He said he thought the Town should take the entire area under the Urban Redevelopment, replat it, take out the school site and then sell off the replotted lots; the result being sixty, plus or minus, lots that would be good salable lots. He explained that the pattern of platted streets itself is so poor, decent lots are not available in the tract, and urged that appropriate steps be taken to set up an Urban Redevelopment pro- gram. The Chairman said that about three years ago the Town Meeting was asked to appropriate funds for en- gineering. Mr. Greeley explained that under the Aet the Town would take the whole area under eminent domain and get a clear title to the entire parcel, ending up with a single parcel. Mr. Stevens explained that, at the time the Town Meeting Members were requested to appropriate funds, School Site 156 the estimate was based on doing a lot of individual lot surveying which was not what the Board had in mind. The plan was then reviewed and it was supposed to be brought up to date. He said he thought it was now in the Assessors, Office and it is a matter of reviving it. Mr. Greeley said that the cost would be advanced by the Town and could be repaid by the proeeeds from the sale of lots. Mr. Adams asked how much money was involved and Mr. Greeley replied that he did not know but imagined there would be three elements: the legal survey costs, cost of condemning the lots that are now private lots and the cost of replatting and improving the street system. He said it could be done by taking out what the Town needs for school) major streets, if any, and then conveying the remainder to a single developer. Mr. Bogen said the Town could put in the improve- ments or the developer could. In either case, the Planning Board and the State Housing Board would have to confirm that the plan conforms with the general Town planning. Mr. Greeley said it would require a vote of Town Nesting. The Town can authorize the Board of Selectmen to appointfour members: of a five member Redevelopment Agency and the State Housing Board has to ratify it and appoint the fifth member. At the next Town Meet- ing, the members are elected. When the work has been completed, the Town can abolish the Agency if it wants to. Mr. Bogen explained that when the Agency is es- tablished, it bas the power to issue bonds if the Town prefers to finance it that way. Mr. Adams asked if there would be any difficulty in showing a need and Mr. Greeley replied in the nega- tive. He explained that two or three years ago, there was an amendment to the Act which stated that one of the things it was trying to do was to take an arrested subdivision and correct it. He said the one major problem is how far towards Reed Street the Town can go. There are two or three occupied lots, and it would take some study to determine how to draw the boundary. Mr. Adams said taking it by eminent domain would be a very quick way to get title. Mr. Greeley explained that it must be ratified by the Planning Board and the State Housing Board, and it could be assumed that the Planning Board would do the initial work. The Chairman asked how long it would take and Mr. Greeley replied that he thought about two years all told. He said the end would be when the Town 1 1 sold off the land it wanted to turn over for private use. He recommended against involving any houses. He said the area as a whole ha- to be surveyed. Mr. Greeley said one problem is that of the Re- development Agency which has four town appointed mem- bers and one State member. He had no;idea hhw they would appoint or whom. Mr. Bogen said that in every ease it is a resi- dent of the Town. Mr. Stevens asked if the State member would be Chairman and Mr. Greeley replied that the Agency chooses its own Chairman. Mrs. Morey reported that the School Sites Com- mittee and the School Committee very definitely think a school should be in this area. If something of this nature is not done, as soon as there is a need for the school there will be a rush to obtain the lots which could result in a very poor development. Mr. Adams said this would be a self liquidating project and it couldbe less expensive than buying a school site. Mr. Greeley said he thought the Town could ac- quire a site this way free. Most of the work would be charged against the project, and another result would be good residential land. Mrs. Morey asked if action had to be taken at an Annual Town Meeting, and Mr. Bogen replied that it could be taken at an Annual or at a Special Meeting. Mr. Ferguson asked how many acres, out of the seventy-five, are in the low swamp land, and Mr. Greeley replied that he thought at the most one fourth, but he was not sure. Mr. Ferguson asked how many acres the School Sites Committee wanted and Mr. Greeley replied ten or fifteen. He said it would probaDly ask for fifteen. The Chairman asked if Mr. Greeley wanted the Select- men to insert an article in the warrant. Mr. Stevens said he would try and look into this and take advantage of Mr. Greeley's knowledge and back- ground and come up with some memo to report to the Board. He said if there is to be a Town Meeting this Fall, it could be brought up at that time. Mr. Adams asked if this should be initiated by the Selectmen, Planning Board or both, and Mr. Greeley re- plied that he thought the Selectmen could initiate it and the Planning Board should be notified. Messrs. Greeley and Bogen retired at 8:20 P.M. Mr. Arthur J. Oliver met with the Board and said he was representing Mrs. Mildred Gould, 150 Blossom 157 158 1-4 Street. There is an open ditch running through the southerly end of her property, and there are two catch Drainage basins that drain into this ditch. He said it used to be four inches wide and now it is seven inches wide due to poor drainage. He reported th-t the water is stagnant and a very bad odor comes from the ditch. He said he walked the entire length this afternoon and there i$ a little clogging under Route 2, and the condition is very bad from a health standpoint. Mr. Oliver said he called Mr. Carroll who very promptly sent a man out Friday. The Chairman explained that most brook problems are handled by the Superintendent of Public Works and he is the one who makes the decision as to when the brooks are to be cleaned out. He said that this particular brook has never been a problem. He stated that brooks are usually cleaned in the Winter when the equipment would not become bogged down. Mr. Carroll said he would meet Mr. Oliver and in - pest the brook with him. Mr. Oliver said he realized it would take a little time, and retired at 8:25 P.M. Letter was received from the Mystic Valley Gas Com- pany requesting permission to locate a regulator man- hole and vent in Massachusetts Avenue, together with three 4 -inch steel main connections from the manhole to the existing gas mains in Massachusetts Avenue. Mr. Carroll explained the proposed location is in front of the Colonial Garage and he approved it. Upon motion duly made and seconded, it was voted to grant the request. Permit Petition was received from the Boston Edison Co m- pany and the New England Telephone and Telegraph Com - Pole locat- pany for permission to locate a pole on Asbury Street. ion The proposed location was approved by Mr. Carroll. Upon motion duly made and seconded, it was voted to grant permission for the following j/o pole lo- cation: Asbury Street, westerly side, approxi- mately 205 feet north of Paul Revere Road, -- One pole. (One existing pole to be removed.) Mr. Carroll reported that he received three bids for a sidewalk tractor. H. F. Davis Co. submitted a Tractor Bid net price of $3,988.60 for an Oliver tractor. Pesco Equipment submitted a net price of $4,607.50 and Clyde Everett submitted a net price of $4,200. Mr. Carroll explained that the Oliver tractor meets all the specifications, and he recommended that the Board accept the low bid. Upon motion duly made and seconded, it was voted to accept the low bid submitted by H. F. Davis Co. in the amount of $3,988.60. Mr. Stevens retired at 8:30 P.M. Mr. Carroll reported that bids for lateral sewers for this year were opened today and the low bidder was N. Cibotti & Sons Co. with a bid of $131,825. He said that Mr. Howard recommended definitely that the bid be awarded to Cibotti as they have the equipment and are very responsible, although they have never done any work in Lexington. Mr. Caito11 recommended that the contract be awarded tentatively subject to Whitman & Howard checking the fig- ures. Mr. James questioned warding the contract before the bid was checked and asked if anything would be gained. Mr. Carroll explained that if it is awarded now, he can have the contract ready for signatures next Monday. Upon motion duly made and seconded, it was voted to award the contract, tentatively, to the low bidder, N. Cibotti & Sons Co., subject to Whitman & Howard com- puting the bids. The Chairman read a letter from n. B. MacKay & Son requesting removal of five trees to enable him to make a driveway for parking at the block of stores he in- tends to erect at 162-172 Bedford Street. Mr. Carroll reported that he had looked at the trees with Mr. MacKay and Mrs. Morey brought up the point that something should be done about controlling the access to Bedford Street. He said he looked the area over with Mr. MacKay and his parking was supposed to be all around the building and on the Bedford Street side he was going to park sixteen cars perpendicular to Bedford Street with just one long opening. That meant cars would be pulling in which was all right, but back- ing out on Bedford Street into the traffic was not all right. Mr. Canall told him he wanted the architect to work out something so there will be one, two or three entrances on Bedford Street. Be explained that the dis- tance between the building and Bedford Street does not allow ears to turn around. Mr. Carroll said that when a building permit is issued for a commercial building, the Superintendent of Public Works is not usually notified. He has akked the 159 Se we r Bid 160 Building Inspector in the future to give him a set of plans whenever he has a building of this type. He said the Zoning By -Law states that the ratio of parking area to building area is two to one and he thought it should be four to one. Mr. Carroll said that the removal of the trees would depend to a great extent on what happens relative to the entrance. He said the Maple trees are about gone, and there is one large elm that is dead. Mr. Carroll said that if he tells Mr. MacKay he is going to have one entrance and one exit, which means he will have no parking, he will object to it. Mr. Adams suggested that Mr. Carroll try to work out a plan and submit it to the Board next week.. The Chairman said that, in working out the plan, if Mr. Carroll decides on what trees have to be taken down, they can be posted. The Chairman read a letter from the Board of Fire Commissioners relative to closing Camelia -Place. The Commissioners agreed that the area could be closed to traffic. However, if locked gates were used for clos- ing the crossing, it would then be used as an emergency exit. As the closing would necessitate taking calls for the lower end of Hancock Street and Hancock Avenue by way of Bedford Street, the Commissioners suggested that no parking be allowed on the corner of Bedford Street, Harrington Way and Hancock Street, to permit swinging the equipment into Hancock Street without Parking difficulty. It was agreed to ask the Commissioners to advise from what street number to what street number parking should be prohibited and to specify whether or not it is to be prohibited on both sides of the streets or only one side. Mr. Carroll retired at 9:00 P.M. a letter The Chairman rea/from Charles E. Ramsey advising that Custom Colonials Inc. would like to acquire tax title lot 24, block 33 Avon Street according to the Board's usual method of selling such property, and with Tax title the usual type of title that the Board is able to give. Upon motion duly made and seconded, it was voted that a proposal to sell the It be advertised in the Lexington Minute -man and that further consideration be given the offer at the next meeting of the Board. Mr. Adams did not vote. Letter was received from Edward B. Cass, attorney CCI 1 161 for Benjamin Cardillo, who offered $100 per lot, plus sewer betterment assessments, for lots 90-914. on Albemarle Avenue. The Chairman suggested that the lots should not be sold for less than $1200 plus the sewer betterments as Mr. Cardillo expects to construct two houses. He said he would like to check with Mr. Stevens to find out whether or not the lots have been put through the land court. It was agreed to advise Mr. Cass to have his client submit a reasonable offer for the property and also advise the other individuals who have submitted bids to make reasonable offers for further consideration by the Board. Mr. James reported that he met with Chief Rycroft, Mr. Purinton and Mr. Connors, Motorola representative, last Tuesday. Mr. Connors came up with selection for a channel on which Lexington should operate on this control government system. He and the Chief are doing the necessary paper work. Mr. Connors suggested a fourth transmitter in the Civil Defense room and explained it would be easier to obtain matching funds with this tied into Civil Defense. The total amount involved is $2400 for the entire setup, of which one-half will be paid by the Town. When the request for matching funds is made, Civil Defense a check for $1200 is to be sent with the request. Mr. Purinton is getting tht done and it should go out the latter part of this week or the first of next. Mr. James suggested that Mr. Purinton continue as Director of Civil Defense, and that the Board appoint the Fire, Police, Public Works and Health Department heads as his assistants. Mrs. Morey said she thought a coordinator was needed. Mr. Ferguson said that Mr. Purinton implied that he wanted these people as part of his group and he implied that he would get them together. ¥r. James said he would be willing to talk to Mr. Purinton and advise him that the Board will appoint mem- bers of these Departments to serve with him and ask that he submit a skeleton plan within a couple of months. If Mr. Purinton does not take any action within that time, it will be obvious that someone else should be appointed Director. It was agreed to write the Polies, Fire, Public Works, Health and Welfare Department Heads, appointing them to serve as members of a Civil Defense Corps; it being left to the decision of the department head whether or not he will personally serve or delegate someone to represent the department. A copy of the 162 letter is to be sent to Mr. Purintc raid when the five departments have answered the letters, Mr. Purinton is to be requested to call a meeting of the group. The meeting adjourned at 10:05 P.M. A true record, Attest: aecetive Jerk 163 SELECTMEN'S MEETING June 1, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 1, 1959, Messrs. James, Adams and Ferguson were present. The Executive Clerk was also present. In the absence of Mr. Maloney, Mr. James was elected Chairman for theevening. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on Minutes May 25, 1959. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to maintain a hip guy and anchor on Marrett Road. Mr. Mahon, representing the Boston Edison Company, Mrs. Sarano and Mr. Tocci were present at the hearing. Mr. Mahon explained that in 1957 a petition was filed for the particular stub to which reference is made Hip guy and in the petition. The stub is there now and has been anchor sines 1957 and holds very important pole which carries location considerable construction on the northerly side of Mar- rett Road at School Street. There is now a tree guy from that pole over to a tree which is Shown on the plan as being on Mr. Tocci's property. The Telephone Company has advised that this guy is to be removed. The pe- titioners are very anxious to put a hip guy on the exist- ing stub in order to hold the services going across the street. The Chairman asked if there was a pole already placed, and Mr. Mahon replied in the affirmative, stating that it is a short pole. The Chairman asked what a hip guy is as compared with the pole, and Mr. Mahon replied that a short arm is placed off the pole and then a steel guy, about as thick as a pencil, is run to the edge of the bar and anchored into the ground with a concrete block. The Chairman asked if the only change was the arm and the guy wire on the stub itself and Mr. Mahon rpplied in the affirmative. Mr. Tocci looked at the blueprint and said that he had no objection. Mrs. Sarano was not opposed to the proposed hip guy and anchor. The hearing was declared closed and Mr. Tocci and Mrs. Saran retired at 7:40 P.M. 164 Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing hip guy and anchor: Marrett.Road, southwesterly side, from a pole located approximately 210 feet northwest of Lincoln Street. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for a j/o pole location on Marrett Road south- east of Stedman $bad,'. Pole Mr. Mahon explained that this proposed location location is to blear a sewer easement. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing pole location: Marrett Road, northeasterly side, approxi- mately 270 feet southeast of Stedman Road, -- Request for marquee One pole. (One existing j/o pole to be removed.) Mr. Mahon retired at 7:45 P.M. Messrs. Stevens and Carroll met with the Board. Messrs. Lipton, Bernt and Stevens of the Battle Green Inn met with the Board. Mr. Lipton explained that he went to the Board of Appeals relative to the erection of a marquee and was referred to the Selectmen. He said he has a serious problem in the Innis approach as far as people coming in to Town who are trying to locate the building. He. stated that people coming down from Routes !} and 25 or coming from Waltham Street have gone right by the build- ing. Signs, which they thought would be compatible to the building and to the Town, were erected, hut do not solve the problem. Mr. Lipton presented a drawing of a marquee that he would like to erect. Mr. Bernt said that travelling and commercial people coming into town cannot find the Inn. They expect to see a motel spread out and the Inn is not the type of building they are looking for. He said he feels the only answer is a marquee, and that marquees are for theaters and hotels. The Chairman said what he was asking for was not a marquee but a sign, and Mr. Bernt said that was it exactly. He said he knew a vertical sign overhanging 0-4 1.4 165 the sidewalk would be the answer, but they are trying to modify the overhanging sign by using a marquee. Mr.ernt said this would be a permanent awning rather than a temporary canvas awning. He stated that an awning the size of what they would have to put there would not add anything to the front of the building. He said they are in dire need of something because people ceannot find the building even when they have the address. The Chairman said he did not believe the Beard could give an answer this evening as this is the first situation of its kind. He said that there are no marquees in Town although the Selectmen do have authority to grant per- mission for them and also authority to establish conditions under which they can be erected. He said the subject is one that will have to be worked out if the Board decides that is the answer. Mr. Lipton said he does not want to go to any added expense, but it has come to the point where he has to. The sign he has is not doing the job and he does not want to cover the building with signs. He said a marquee seems to be the answer. Mr. Bernt said the sign would be fr osted glass with lights behind it. The Chairman asked if he had any idea as to the material or construction, and Mr. Bernt replied that it would be all copper flashing with colonial drops. He said he would be glad to submit an architects drawing. The Chairman said that would probably have to be done anyway. Mr. Lipton said the unit would project about eight feet from the building and would be twenty-nine feet long and about two feet high. Mr. Adams asked how wide the sidewalk is and Mr. Lipton replied that it is approximately ten feet. The Chairman said the Board would have to consider the subject and let Mr. Lipton know what it thinks of the general idea. He explained that if the Board was favorable to the idea, it would also involve the Building Inspector and the Board of Appeals. He advised that there would bern dedision this week, because this is the first time such a request has been received and the entire Board should consider the subject. The group retired at 8:05 P.M. Mr. Stevens said he had the contracts with Whitman & Howard for engineering services; contract 1959, One and contract 1959, Two. Mr. Carroll explained that the first one is for all the sewer laterals this year for which bids were opened last week. He said they are for the customary 129 of the total 166 Sewer, street, sidewalk contracts Sewer contract Be t to rme n t Flags construction cost less the lump sum of *2300 to pay the Town for work done by its Engineering Department, figured at the Whitman & Howard rate. Mr. Carroll explained that the other contract is for street work and that also includes sidewalk work to be done this year. Upon motion duly made and seconded, it was voted to sign both contracts, all copies of which were, taken by Mr. Stevens. Mr. Stevens said he understood the Board awarded the sewer contract #5 of 1959 to N. Cibotti & Sons, Inc. in the amount of $132,725. He said he had the contract documents duly executed by the contractor and the bond- ing company. Mr. Ferguson asked if Mr. Carroll had received a report from Whitman & Howard. Mr. Carroll replied that he received a verbal report but Mr. Howard agreed to send a letter confirming it. He said he should have reminded him and will have a let- ter for next week. Upon motion duly made and seconded, it was voted to sign the contract, all copies of which were taken by Mr. Stevens. Mr. Tropeanots better relative to waiver of street betterment charge on Lot C, Waltham Street, was held over. Mr. Stevens reported that he asked Mr. Tropeano to leave the material, which he has done, but he did not have an opportunity to go over it. Mr. Carroll reported that he had a request from John MacNeil for the installation of flag holders in Depot Square. He said this is a very minor problem but he thought the Board should know about it. Mr. Adams said he thought it would be appropriate to have flags placed down to Mr. Moore's establishment, but he thought it could very well be deferred until next year. The Chairman said if the Board wanted to consider this gnd be prepared for April 19th next year, an item could be included in next year's budget. Mr. Carroll presented a plan of Bonair Avenue and Massachusetts Avenue and explained that a Mr. Clarke wanted a water service from Hayward Avenue to his house. He told Mr. Clarke that he did not want to run a service through a privately owned lot because it involves all kinds of maintenance problems. He indicated on the plan where the water main ends and said he thought it shouldLbe extended. Mr. Stevens left the meeting at 8:35 P.M. • Mr. Adams suggested a temporary connection and Mr. Carroll said he thought Mr. Clarke should be sup- plied with water but he did not think a connection should be made from the rear. He explained that if Mr. Clarke sells the house, the new owner would not have fire protection and if the Town gives him water, it should also give fire protection. Mr. Adams said he did not think the Board should encourage development in the area until there is some indication relative to the National Park. Mr. Carroll said that he wanted to stay within his budget on water main extensions but because of this particular situation, he thought an effort to extend the main should be made. Mr. Ferguson said if he is going to be given later next spring, he might as well be given it now. Mr. Adams said he does not like to see a main started down Massachusetts Avenue as it will encourage development and he thought the Town had some moral ob- ligation in the matter. Mr. Carroll said this particular situation is an emergency and if any other request is received, the Board could explain that no further extension will be granted until more definite plans have been made rela- tive to the National Park. Mr. Adams said he would like to make it very clear that this particular extension is being approved on an emergency basis only. Mr. Carroll reported that there was a hearing this morning relative to removal of trees on Reed and Bedford Streets in connection with the stores to be constructed by Mr. Herman MacKay. He said there were twenty-four people present but the minutes of the hearing have not been typed. Two written petitions were received pro- testing the removal of the trees. According to Chapter 87 of the General Laws, the Tree Warden may not remove a tree when a written protest has been filed, only the Board of Selectmen can order them removed. He said he has not heard from Mr. MacKay and the Board's decision will have to wait until his plan has been submitted. The Chairman read a letter from Mr. Robert 3. Hannon, 19 Tyler Road, demanding a written explanation as to why the Town is unable to provide an adequate water supply and when the water situation is going to be permanently Water corrected. Mr. Carroll agredd to draft a long-range explanation and also include what is now being done to help the situ- ation. 167 Clarke water extension Mass. Ave. Tree removal 168 The Chairman read a letter from Mr. Jesse C. James, Building Committee of the Lexington Church of Christ, advising that construction has been started on a church building at 319 Lowell Street, but the type of sewage disposal has not been completely decided. Sewer Mr. Kraynick, representing the Board of Health, advised Lowell St. that the sewage should be disposed of through the pub- lic sewage system. The closest conduit is at Maple Street, a distance of 200 feet from the church lots Mr. Kraynick recommended a six-inch line from the chureh lot to the sewer line. Mr. Carroll reported that Mr. James has talked to him twicB about this and inquired about extending the main. He told them he was opposed to it. Mr. Carroll presented a sketch of the area and explained that he feels the sewer should be fourteen feet deep because it has to go as far as Woburn Street, easterly, and he is opposed to installation of a sewer servile* in the sidewalk. He said he believes the in- stallation should be done right. They are asking for a service of 250 feet which in effect is a main. Mr. Ferguson said that there are no funds for a sewer main along Lowell Street. There may be a Fall Town Meet- ing and the church does not need the connection now. He asked, if this was to be considered at that Town Meet- ing, how much further Mr. Carroll would recommend the main be installed. Mr. Carroll said he did not care how much further it was extended, just as long as it is done right. The Chairman asked if it would have bo be fourteen feet deep in order to service Woburn Street, Peachtree Drive, etc., and Mr. Carroll replied in the affirmative. He explained that it would not serve the entire Peachtree area because that drops off too. It was agreed to advise Mr. James that the Board would consider it as a possibility for a Fall Town Meeting, if one is held, but it would be a main extension and not a service. The Chairman read a letter from Kenneth Covey, Presi- dent of Patriots Forest Civic Association, requesting the Town ti cover an open section of a fresh water drainage ditch. The ditch starts at Holton Road, parallels Wood Street, crosses Wildwood Road to Patterson Road, has an Ditch open section starting at the rear of Mr. Durso's property on Patterson Road and continues down to Route 128. Mr. Carroll reported that Mr. Durso has talked to him about this problem. He presented a blueprint of the sewer contract showing an easement on Mr. Durso's property and pointed out the brook which he said is a very small stream. He said he did not think it should be piped because it may result in a damage suit with Mrs. Ross. He explained that it would cost about $1,000 and an easement would have to be taken over the Ross property. It was agreed to advise Mr. Covey that the Board will take the matter under consideration and in any event, there is no appropriation for this item. If anything is done, it will have to be included in next year's budget. The Chairman read a letter from Mr. Kenneth Covey, President of Patriots Forest Civic Association, asking to have warning signs posted at various intervals on Wood Street to warn drivers of impending curves. Mr,. Adams reported that the contract awarded for the Access Road will be approved this Thursday by the Governor and the sensible approach would be to wait. The Chairman said the Board could ask the Chief if Wood Street is spot zoned, erect some signs, and con- trol the traffic that way. Mr. Carroll said he could erect warning signs and it was agreed to advise Mr. Covey that the subject had been referred to the Superintendent of Public Works. Mr. Carroll reported that one of the employees in the Public Works Department, Mr. Dennis Driscoll, was out sick with osteomyelitis. He has used up his sick leave and was confined to the Massachusetts General Hospital for quite a while and his sick leave pay was discontinued. Mr. Driscoll fully intended to return to work when he was released from the hospital in Febru- ary. In April, he asked to return to work but was not Vacation in physical condition to work in the Public Works De- partment and there was no other work for him to do. He then went to work for Crowell Tube but had to leave after working less than a week because of his foot. He asked if he could return to work for the Park Department and then go to work in the Public Works Department. All during his illness he continued to pay his Blue Cross. Mr. Carroll asked if his service with the Town could be considered continuous and if he was entitled to two week's vacation. Mr. Adams asked if Mr. Carroll felt he deserved a vacation and was entitled to it. Mr. Carroll replied that he positively felt he was entitled to a vacation as he definitely wanted to return to work for the Town. He said his intent has been to work continuously and if he was not a good man, he would not have gone to the extreme of letting him work a month for the Park Department. 169 Signs 170 The Board felt that Mr. Driscoll's service to the Town could, under the circumstances, be considered continuous, and therefore he was entitled to two week's vacation. Mr. Carroll retired at 9:55 P.M. Letter was received from the Lexington Chapter, American National Red Cross, inviting the Board to attend its annual meeting on Thursday, June llth, to be held Invitation at 8:00 P.M. in the Parish House of the Church of Our Redeemer. The speaker is to be Dr. Robert E. Gross, a pioneer in heart surgery. Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sidewalk in Sidewalk Parker Street from a point 893' southeasterly of Massa- chusetts Avenue, a distance of 150' ± along the south- westerly side of Parker Street. Upon motion duly made and seconded, it was voted Sewer Order to sign an Order of Sewer Taking for the construction of a sewer in Garfield Street from Reed Street a dis- tance of 490' ± southwesterly. Upon motion duly made and seconded, it was voted Sewer Order to sign an Order of Sewer Taking for the construction of a sewer in Freemont Street from Cedar Street 1290' ± southwesterly. Letter was received from Mr. Carroll, Town Treasurer, advising that it will be necessary for him to borrow $1,000,000 in anticipation of taxes. He suggested that Borrowing it would be more profitable to *lake one borrowing of $1,000,000 instead of two for $500,000. It was agreed to advise Mr. Carroll to proceed with the transaction in whatever way will best serve the Town's interest. The meeting adjourned at 10:03 P.M. A true record, Attest. i j y ecu ive erk, 0.4 1-4 1 171-. SELECTION'S MEETING June 8, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 8, 1959, at 7:30 P.M.* Mr. John J. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on Monday, June 1, 1959. Mr. Carroll reported that he had received a let- ter from the Burlington Water Commissioners advising that they intend to install water lines on Muller Road Burlington in Burlington in 1960 at which time they will take over water the services now taking water from the Town of Lexing- ton. Mr. Carroll reported that there will be a delay in opeiang bids for street construction, originally scheduled for June 15th. He explained that an ad- dendum is being sent out and the bids will be opened June 22nd. Bids Mr. Adams reported that he had looked at the brook at the rear of Mr. DursoTs property on Patterson Road, about which the Patriots Forest Civic Association wrote, and reported that there was only about an inch of Water in it and it was not stagnant. Drainage Mr. James reported that he also looked at it and discussed it with a Town Meeting Member who is a neigh- bor. Mr. James advised him that there is nothing the Board can do because it does not have an easement through the Ross property and if the situation became serious enough for the Board to take some action, the Town would have to assume the liability for the entire Ross pro- perty. The Chairman read a letter from the Board of Health advising that the amount of work in that department has increased to the extent that another girl working half Board of a day each week is needed. It was also suggested that Health a man, perhaps from the Public Works Department, could be assigned one half of each working day to help Mr. Lurvey. *Chairman Maloney, Messrs. James and Adams were present. 172 Mr. Adams asked if the situation has changed so radically in three months and suggested that the Board of Health be invited in to discuss the situation. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com - Pole pany for permission to locate one pole on Lowell Street. location The proposed location was approved by Mr. Carroll, and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole location: Lowell Street, westerly side, approximately 395 feet south of North Street, -- One pole. (One existing j/o pole to be removed.) Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com - Anchor guy pany for permission to maintain one anchor guy and one and pole pole on Asbury Street. location Mr. Carroll explained that the pole was moved when the sewer and water mains were installed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing j/o anchor guy and pole location: Asbury Street running from Balfour Street. Notice was received from the State Department of Public Works approving the amendment to the Traffic Traffic Rules and Regulations by adding to Article V, Section Rules & 2 (No Parking) a new section "On the easterly sidd of Reg. Hillr Street from Diana Lane northeasterly 1400' -." The Chairman read a letter -from the Board of Fire Commissioners in regard to the parking situation on Bedford Street and Harrington Way. The Commissioners suggested the following: Traffic On Bedford Street coming from the Fire Station and going toward the center, no parking on the right-hand side from the garage to Harrington Way; on the opposite side, coming from the center to the station, no. parking 100 feet back from Harrington Way. No parking on the Hancock Street side of Harrington Way on either side; and no park-' ing on Hancock Street as far back as the railroad tracks. 1 1 On Harrington Way, going toward the Unitarian Church, no parking for at least 100 feet on either side. The rest of the way to Massachusetts Avenue parking one side only. It was agreed to submit the suggestions to the Traffic Study Committee for consideration and report. The Chairman read a letter from Mr. Gordon Robinson reporting that a car was driven across the landscaped triangle at Hancock and Revere Streets. He suggested installation of low, ornamental, rustic wood fencing. The Board felt that the only answer to the problem would be installation of curbing for which no provision was made in this year's budget. Mr. Carroll estimated that curbing would cost about $1500 and the Board agreed to leave the area as it is. 1173 Hancock & Revere St. triangle The Chairman read a letter from Mr. John MacNeil requesting the Board to consider acquiring land in the rear of the Lexington Railroad Station from Mr. Cataldo for parking' facilities. Mr. Adams reported that he thought the area was Parking needed for parking and not for tenants in the adjacent facilities buildings. He said that Mr. Cataldo mentioned $50,000 for 100,000 square feet. The Chairman reported that Mr. Snow has talked to Mr. Cattldo and was told that when the time came that the Planning Board wanted to acquire the property, to let Mr. Cataldo know. Mr. Adams suggested that a letter be sent to the Planning Board stating that if the Board has started discussion on the subject to carry it on. Decision relative to the request from the Battle Green Inn for a marquee was held over until all members Marquee of the Board are present. The Chairman read a letter from Mr. Treasurer, listing bids he received on a in anticipation of taxes. Upon motion duly made and seconded, to approve the bid of 2.02% submitted by Trust Company. The Chairman read a letter from J. Edgar Hoover, of the Federal Bureau of Investigation, advising that he had presented Lieutenant James Francis Corr, Jr., Carroll, Town loan of $500,000 it was voted Loan the. Lexington 174 a diploma certifying his successful completion of the course of training at the Sixty-third Session of the FBI National Academy. Mr. Stevens, Town Counsel, arrived at the meeting at 8:00 P.M. Mr. Stevens said that he had an Order of Taking to be executed and Mr. Carroll explained that it would complete the easements to be taken on the Raytheon sewer. He presented a plan entitled "Proposed Sewer Easement Off Northern Circumferential Highway (Route 128)" and ad- vised that people whose property is involved have been Raytheon contacted and there are no objections. He reported that sewer Mr. Supria and Mr. Venuti went to connect to thetrunk sewer. There will be an Order for the construction of a sewer in Lincoln Street prepared and betterments will be assessed. He also advised that it will be necessary to have an easement through the Venuti land. He said that even if Raytheon did not build, there would be use for the sewer for the Barrymeade ade Drive, Shade Street and Cary Avenue areas. Upon motion duly made and seconded, it was voted to extend to the general vicinity .of the intersection of Shade and Weston Streets the sanitary sewer that it was voted to extend under Article 14 of the warrant for the 1958 Annual Town Meeting, and sign a temporary construction easement for use in constructing the sewer to be installed in the permanent easement described in the order. Mr. Carroll reported that Itek hopes to occupy a portion of its building by December 31st. He advised Itek that he would try and have the construction started Itek sewer in August or September if their plans advanced to the point where they were definitely going ahead. They hope to start construction some time in July. Mr. Stevens said he had instruments for extending until July 15th the time for passing papers on a number Extension of acquisitions; Hillcrest Village; Mark Moore; Todd of time on Realty; Swenson&s parcel on Marrett Road. He reported land acquisi-that he has five out of seven on Middleby Road, and tions was told he would have the others tomorrow. He explained that there has been a little diffi- culty involving G.I. mortgages and something has to be worked out, possibly a taking may help. However, he will find out about it. Upon motion duly made and seconded, it was voted to sign instruments, prepared by Mr. Stevens, extending until July 15th the time for passing papers on the above-mentioned properties. CC "rJ Mr. Stevens referred to letter from Mr. Tropeano asking for a waiver of sewer betterments on Lot C, Waltham Street. He said he was assured by Mr. Tropeano that this would be the last request. Upon motion duly made and seconded, it was voted to make no connection charge in lieu of betterments on Lot C shown on a plan entitled "Plan of Land in Lexing- ton, Mass. Scale 1"= LO' April 28, 1959, Albert A. Miller, Wilbur C. Nylander, Civil Engr's. & Surveyors, Lexington, Mass." The Chairman read a letter from Stephen T. Russian advising that he has been engaged as attorney for Mr. and Mrs. Benjamin White, to recover damages sustained by them as a result of easements taken by the Town in, through and under Lot 22, Peacock Farm Road. Mr. Stevens said he had received a copy of thelet- ter. 175 Sewer bet- terment et- terment Lot C Waltham St. Claim Letter was received from the Planning Board rela- tive to Lot 11, Holton Road - Lexington Construction Co., Inc., a copy of which was mailed to the members of the Board. Mr. James suggested that the Town acquire the parcel of land before any action in regard to its use is taken Tax by the Board. Mr. Stevens advised that he would draw up an option to acquire it for $3.13 which the Planning Board will have signed by the Lexington Construction Co., Inc. Fol- lowing that, the Board of Selectmen can vote to acquire the land. Mr. Adams reported two complaints relative to en- forcement of Zoning By -Laws; one from John Shine of Utica Street against Trehino and one by Hanson against Mahoney Bros. on Massachusetts Avenue. The Chairman stated that Mahoney Bros. do not park their trucks on the avenue any more. Mr. Adams said these two instances had been called to his attention and he was bringing them up before the Board. Mr. James reported that a junk business is being conducted on the so-called Head property, 10 Westminster Avenue, and it was agreed to request Mr. Irwin to in- vestigate. n- vestigate. title Zoning Zoning Further consideration was given to Custom Colonials, Inc.'s offer of $150 for tax title lot 24, block 33, Tax title Avon Street. A proposal to sell was advertised in the 176 Dog Warrant Licenses May 28, 1959 issue of persons contacted the of the advertisement. Upon motion duly to sell lot 2L, block Inc. for $150.00. theLexington Minute -man, and no Selectmen's Office as a result made and seconded, it was voted 33, Avon Street to'Custom Colonials, Upon motion duly made and seconded, it was voted to sign a Warrant to the Dog Officer to catch and eon - fine and to kill or sell all unlicensed dogs as re- quired by Chapter 140, Section 151A, General Laws. Upon motion duly made and seconded, it was voted to renew the following Guide licenses: Ann Gustin 50 Bloomfield Street Eric Handley 1888 Massachusetts Avenue Mr. James reported that Mr. Philip Knox called him one night last week. He had met with Mr. Lloyd Tax title and Mr. Lloyd's attorney. Mr.Knox deeded two lots to Lloyd and wasreadyto receive his deed from the Town. Upon motion duly made and seconded, it was voted not to hold a Selectmen's Meeting on Monday, July 6th. Messrs. Stevens and Carroll retired at 8:50 P.M. Mrs. Jean Wanless, Chairman of the Recreation Com- mittee, met with the Board. She explained th,st the Appropriatinn Committee would like to have something in writing from the Select- men approving the program proposed for retarded children. She explained that there is a need in Lexington for a Transfer Summer program for these children, involving a budget of for Re- $800 half of which would be reimbursed by the State. An creation interested individual has raised 01400 and the Recreation Committee Committee wants $400 from the Reserve Fund. Mr. Adams inquired as to the number of children in- volved and Mrs. Wanless replied that a registration has not been requested, but there are thirty in the school system. The Committee is considering a nine weekpro- gram, $50 for a trained worker, two assistants at $1.00 per hour plus supplies. She advised that transportation will be provided by the families, and the School Depart- ment has given permission to use two schools. The Chairman said he thought the Selectmen would approve the proposed program. Mrs. Wanless explained that the request came through the Association for Retarded Children and the program now in operation in Concord is too full to take any children from Lexington. Mrs. Wanless retired at 9:00 P.M. 177 Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer 00 from the Reserve Fund to the Recreation Committee Expenses' Budget for the purpose of conducting a Summer Program for retarded children. Mr. Adams said that Mr. Lauritz Lauritzen, Danish by birth, is a very good citizen of this country. Dur- ing the war, after he lost his son, he became interested in the People to People program and has entertained many Danish students, and others, here in his home. About two years ago, he went to Denmark as a guest of the Danish government and he is going over again this year. Each year in a village there they celebrate the 4th of July, and usually have a very outstanding speaker. This year he is going to be the speaker. Mr. Lauritzen would like to take something from Lexington to give the people over there. Mr. Gustin is giving him a Lex- ington tray and a Tricorns hat. Mr. Lauritzen went in to see the Governor; and John Powers gave him a gavel and a letter from the Governor. Upon motion duly made and seconded, it was voted to send greetings from the Town of Lexington to the Danish people. Mr. Adams said he thought Mr. Gustin had definitely made up his mind not to continge serving on the Town Celebrations Committee and he thought Mr. Bentley Hutchins does not intend to continue. Mr. James suggested that Mr. Gustin should be asked Town to carry on with the programs he has under way. Celebrations The meeting adjourned at 9:03 P.M. A true record, Attest: TTec ive erk, Se le e tmm}i 178 Minutes 'Pole, guy wire & anchor SELECTMEN'S MEETING June 15, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 15, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams and Mrs. Morey were pre- sent. The Executive Clerk was also present. Upon motion duly made and seconded, the minutes of the Selectmen's Meeting held on June 8, 1959 were declared approved. The Board received the report of the Medical panel appointed to examine Chief Engineer Cook for the; purpose of determining his physical status and to determine also whether or not such disability, as claimed by him in his request for retirement, is likely to be permanent. The Medical Panel unanimously found Chief Engineer Cook physically incapacitated for further duty in his present position, such disability is likely to be permanent and the disability is the natural and proximate result of the accident or hazard undergone on account of which the retirement is claimed Upon consideration thereof, it was unanimously voted to retire Roy A. Cook, Chief Engineer of the Fire Depart- ment for aoidental disability under Section 85E (a) of Chapter 52 of the General Laws at an annual pension equal to two- thirds (2/3) of the highest annual compensation received by him while holding the grade of Chief Engineer. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for permission to locate one pole, guy wire and anchor on Greenwood Street. The proposed locations were approved by Mr. Carroll, Superintendent of Public Works. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing j/o pole, guy wire and anchor location: Greenwood Street, easterly side, approxi- mately 60 feet north of Paul Revere Road, -- One pole, guy wire and anchor. (One existing j/o pole, guy wire and anchor to be removed.) 1 179 The Chairman read a letter from C. C. Wang, 34 Colony Road, requesting information about pur- chasing the parcel of land northeast of his boundary extending down from the stonewall of the Woodland Bird Sanctuary to the street near the entrance of the Fiske School. Mr. Wang has been hiring help to keep the area clean and would be interested in purchasing it at a reasonable price. Fiske School Mrs. Morey said she could see no reason why he land should not clean the area up if he wants to beautify his property, as the people on the other side of the street have taken up the boundary stones and grassed over to the sidewalk. She•said the Town should retain fifty feet going into the school. It was agreed to advise Mr. Wang that the Board will discuss the subject with the School Committee and advise him of whatever decision is arrived at. Upon motion duly made and seconded, it was voted to sign deed, prepared by Town Counsel, conveying tax title lots 26 through 31, Block 1 on Garfield Street to Pond Realty Trust, 294 Massachusetts Avenue, Arling- ton. Mr. Carroll, Superintendent of Public "arks, met with the Board at 7:45 P.M. The Chairman reed a letter from Mr. Carroll, to which was attached a plan of the proposed layout of Worthen Road. Mr. Nylander prepared a layout of the road satisfactory to Mr. Carroll and complying with certain conditions which the P anning Board wished to be met. Mr. Carroll advised that the plan as sub- mitted is satisfactory to him. Mr. Carroll emphasized that an agreement would have to be worked out with the Vine Brook Realty Trust so that the road will be constructed according to subdivision rules and his rules. He said he had hoped the plan would be submitted as a subdivision plan but the Trust did not want to do that. He said the layout as he sees it, will have to be approved by a Town Meeting, and there will have to be something in the agreement to the effect that the Town will share in the cost of the water main because he is requiring a 12" main to connect to an existing 12" main. There will also have tole some agreement relative to payment of the extra width of the pavement. Mr. Adams said Worthen Road should be ready for action by the Fall Town Meeting, and Mr. Carroll said it would not be ready unless a written agreement is obtained. Tax title Worthen Road 180 The Chairman reported that the Hayden people want to erect a fence to prevent cars from going onto the property and inquired as to when Worthen Road would be going through. He advised the Hayden representatives that if the area had better policing, a fence might not be necessary. He spoke to a hief Rycroft who agreed, now that he is aware of the situation, to make an effort to correct the situation. Mr. Carroll reported that he had checked the Chapter 90 Concord Avenue project and was unable to find out when it will be done. He said it looked like next year tb him`and'.hebelieved the prdblem is lack of elands. Mr. Carroll retired at 8:05 P.M. The Chairman read a letter from Donald K. Irwin, Building Inspector, advising that he had investigated a report relative to a junk business being conducted Zoning at 10 Westminster Avenue. As a result of the findings, he will send the owner of the property a letter out- lining what the permitted uses are in an R-1 area. Reports were received from various departments P P advising that the following individuals have been dele- gated to serve as members of a Civil Defense Corps: John W. Rycroft, Chief Police Civil Harold E. Roeder Fire Defense Hobert Higgins Public Works Mark Lurvey Health James E. Collins Welfare The Chairman reported that Mr. Purinton advised him that he intends to call a meeting of the group. Mr. Adams asked if he could attend the meeting as an observer, and there was no objection. Mr. James is to attend also. A form letter was received from the State Civil Defense Agency, relative to the status of the Local Operations Plans, advising that no plan has been re- ceived from Lexington. It was agreed to send a copy of the letter to Mr. Purinton and Mr. James agreed to check with him by the end of the week. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation statement, on 'Cert. of Inc. behalf of John F. Callahan, 235 Lincoln Street, satis- factory character reference having been received from the Chief of Police. Upon to sign a behalf of character of Police 181 motion duly made and seconded, it was voted Certificate of Incorporation statement, on Patricia McLeod, 14 Dexter Road, satisfactory Cert. of Inc. reference having been received from the Chief Upon motion duly made and seconded, it was voted to grant the following licenses: Theron -H. Gough 45 Concord Avenue Peddler William Bongiorno 197,Waltham Street Guide Application was received from David Michelson, 30 Harding Road, for a Guide License. Due to the fact that Mr. Michelson does not live in Lexington and was advised that the policy has been_to grant licenses to residents only, Mr. Adams suggested that he be requested to meet with the Board. Mr. James stated th-t he had no objections to granting the license, and said that he did not think it would serve any useful purpose to have Mr. Michelson meet with the Boa rd. Mrs. Morey suggested that all the Guides be --re- quested to meet with the Board in an effort to obtain better coverage of the Town. Mr. Adams agreed to report next week on the Michelson situation. Application was received from James R. Delano, 60 Lancaster Road, Arlington, for a Second Class Agent's License to do business at 27 Massachusetts Avenue. A satisfactory character reference was re- ceived from the Chief of Police. Permission to conduct this particular type of business is subject to g Board of Appeals hearing, and it was agreed to so advise Mr. Delano and tell him that the Board would consider his application if his appeal is granted. Mr. Adams reported that he understood the tax bills will be late going out because the Collector has not received the information from the Assessors. The Chairman recalled that last year the Board requested the personnel in both Departments not to grant vacations until the tax bills were completed and in the mail. Mr. Adams advised that the Collector has ar- ranged her vacation accordingly, and the Chairman Licenses License Tax bills 182 agreed to call the Board of Assessors on the subject. Mr. Adams reported that he has been reliably in- formed that there are a couple of people interested Parking in acquiring the land in the rear of the Railroad area Station in Lexington Center. He said the price has been established and given to the new Greek Orthodox Church. He stated that the property could be lost to the Town and he thinks it is very important. Mr. James said that the Planning Board should be told to commence negotiating seriously and that a letter to that effect should be written to the Planning Board. Mr. Adams reported that some industrial firms are closing Thursday night, therby making a long July 4th weekend,.the holiday falling on Saturday. Holiday The Chairman reported a discussion of the sub- ject with the Chairman of the School Committee. Neither the School Committee nor the Board of Select- men were in favor of closing the Town Departments on Friday. Mr. dames reported that he had been advised by Colonel Crogh that the Bedford Air Base will be bil- leting the WO band the -end of September or the first Wac Band of October and stated that they would like to give a free concert in Cary Hall. This was approved. It was suggested that the band arrive at the Common by bus and pardde to Cary. Mr. Bertram Gustin met with the Board at 8:1.5 P.M. and, on behalf of the Lexington High School Parent- Teacher Association, presented a petition for a com- Sidewalks plete study, and action on the findings thereof, con- cerning the traffic on the pedestrian and vehicular approaches to the Lexington High -School. He reported that the group belie ves'there should be and could be a solution to the overall problem, and one suggestion is more adequate lighting, in ad- dition to the sidewalks. Mr. Gustin retired at 8:55 P.M. Mr. James said this subject concerns the School Committee more than it does the Board, and he suggested that it be discussed with the Committee. Tax title Further consideration was given to an offer of $50 received from Mr. Reginald A. ofood, 1 Neillian Street, Bedford, for tax title lot 8, James Street. The Chairman reported that Mr. Wood owns lot 7 and there is going to be a house built there and he 18 .would like to 'build an two lots. instead:.of one. The Planning Boardrecommended that the lot be sold with the restriction that it be combined with lot 7. Upon motion duly made and seconded, it was voted to entertain an offer of $500 plus $75 water better- ment assessment. Discussion was held relative to appointment of a Forest Warden and upon motion duly made and seconded, it was voted to appoint Mr. George C. Sheldon, Fire Forest Commissioner, as Forest Warden for a term expiring Warden June, 1960; subject to approval of the State Director of Forests and Parks. The meeting adjourned at 9:15 P.M. A true record, Attest: xe cfz t ive%C le rk 184 SELECTMEN'S MEETING Tune 22, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 22, 1959, at 7:30 P.M. Chairman Maloney, Messrs. Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The Clerk had a notation on the agenda that Mr. Minutes Sheldon had been appointed Forest Warden and not Mr. Roeder as typed in the minutes of the meeting held June 15, 1959. Upon motion duly made and seconded, the minutes of the Selectmen's Meeting held on June 15, 1959 were declared approved. Mrs. Morey said she thought the Board should send a memo to the Planning Board suggesting that until the entire length of proposed Worthen Road, or any other road, is built, there should be some system adopted for Worthen naming the sections submitted to the Planning Board so Road that there will be no confusion as to which section is meant for Town functions or postal addresses of houses located in the sections. It was also decided not to type the meeting of June 15th in the permanent record book until the Board receives some specific information from the Planning Board as to which section of Worthen Road is referred to. Hearing was declared open upon petition of theNew England Telephone and Telegraph Company for approval of proposed manhole and conduit locations on Forest Street, Manhole and Waltham Street and Marrett Road. Notice of the hearing conduit was sent to all owners of abutting property. locations Mr. Consilvio, representing the telephone company, was the only person present at the hearing. Mr. Consilvio explained that the plans originally submitted have been changed as of today to conform to Mr. Carroll's reque®t and the revised plans show water and sewer main locations. He said this project is bub- mitted because the trunks that serve the area towards Waltham are getting tighter, and it should last a mini- mum of twenty-five years. He stated that the main pur- pose of running the cable is to serve that portion of Lexington where Cabot, Cabot and Forbes, developers, and Raytheon plan to erect a large home office. This is to bring telephone service into that location. The project 1 185 will be started about the middle of July and continue for six weeks, but there will be no inconvenience to anyone. People leaving their garages in the morning will be able to drive back in at night. He said he hoped to have police inspection to take care of the traffic. The Chairman said that the Board would expect the streets to be left in good condition and Mr. Consilvio stated that the company will do a good job and it is familiar with the town specifications and the conditions under which it has to work. Mr. Carroll explained that the proposed work is practically all on the sidewalk and there is a problem involving trees. He has already notified the telephone company that he does not want any trees taken down. Mr. Consilvio said that is understood. Mrs. Morey asked if the *2resccaxld'_be rui. Under Walthat Street .•to service Worthen Road and the apartment house area. Mr. Carroll elplained that there will be wires overhead to Worthen Road and he could not see how they could be avoided. If an underground service is re- quested, it would be taken over from somewhere in Waltham Street, but that is away in the future. Mr. Consilvio retired at 8:50 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing manhole and conduit locations: Forest Street: From existing manhole 5./72 at Waltham Street, southwesterly approxi- mately 23 feet of conduit. Also, enlarge manhole; Waltham Street: Between Forest Street and Marrett Road, approximately 3891 feet of conduit. Also five manholes; Marrett Road: From existing manhole 54/66 at Waltham Street, easterly approximately 346 feet of conduit. Also enlarge one manhole. Marrett Road: From existing manhole 51./66 northerly approximately 28 feet of conduit. Notice was received from Mr. Carroll of a claim for damages filed by Charles J. Isber, attorney for Inez C. Gay, 9 Lawrence Street, Woburn, who fell on the sidewalk in front of the premises of Baker's Store, 1759-1761 Massachusetts Avenue. 186 Mr. Adams said this was the same place that Mrs. Milne fell, but she would not file a claim. Mr. Carroll reported tht he checked with the Claim police today but there was no report and he will check with Mr. Baker in an effort to obtain more in- formation. Mrs. Morey said that this is the fourth sidewalk accident in the last few months and she felt that the Sidewalks Board should ask two men to check the sidewalks. Mr. Carroll reported '.hat helms already arranged for sidewalk checking starting tomorrow. Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying tax title lot 18 anu part of 17 Sylvia Street to Alexander MacMillan, 23 Sylvia Street. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following j/o pole locations, all having been approved by Mr. Carroll: Fairlawn Lane, northwesterly side, north- easterly from a point approximately 25 feet northeast of Lowell Street, -- Two poles; Fairlawn Lane, southeasterly side, north - Pole easterly from a point approximately locations 235 feet northeast of Lowell Street, -- Two poles; Fairlawn Lane, northwesterly side, north- easterly from a point approximately 425 feet northeast of Lowell Street, -- Thirteen poles. Telephone call was received from Mrs. Abraham Korn, 24 Blueberry Lane, who was speaking for a group of mothers whose children attend the Harrington School. She said that at thi corner of Winchester Drive, turn- ing into Lowell Street, there is a curve and the children Sidewalks cannot see the cars going along Lowell Street and the drivers cannot see the children coming down Winchester Drive. There are not sidewalks on Winchester Drive and she would like to hear from the Board on the subject. It was decided to advise Mrs. Korn that the Select- men have authorized installation of sidewalks in areas recommended by the Lexington School Committee and has relayed her message to that Committee for consideration when a list is being compiled of areas where additional sidewalks may be of help to the school situation. Further consideration was given to Mr. Lipton's request for permission to erect a marquee at the Battle Green Inn, 1720 Massachusetts Avenue. Mr. Adams reported that Mr. James was not in favor of granting the request, but suggested that it be referred to the Board of Appeals. Following a brief discussion with Mr. Stevens, it was unanimously voted to deny the request and to ad- vise Mr. Lipton that the Board is opposed to the erection of marquees. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation statement, on behalf of Louis Tropeano, 19 Revere Street, satis- factory character reference having been received from the Chief of Police. 187 Marquee Cert. of Inc. Copy of a letter from Mr. Mitchell Spiris to Chief Rycroft, commending the co-operation of the Police De- partment in working on school problems, was received and placed on file. Mr. and Mrs. Andrew Ferry, 86 Wood Street, met with the Board relative totax title lots 325-330 Wood Street. Mrs. Ferry stated that she purchased some tax title lots in 1951 but has never been able to obtain a tax bill. She was told that it would come through but it never did. In 1954, she received a tax bill for one lot and when she asked for the tax bill on the other lobs,was told that the title was clodded but she would get it. At that time, she engaged a lawyer who is now putting the lots through Land Court, and in the meantime, she is still trying to get a tax bill. She said two weeks ago she asked about the lots and was told that she lost them because the taxes were not paid. She said she was Tax title also told by the Assessors' office that she lost the lots because the taxes were not paid but it was also admitted that she was never billed for the lots. The Chairman asked if Mrs. Ferry had a deed and she replied in the affirmative, She presented it to the Chairman and it was signed by Robert C. Johnson granting lots described on a plan of Colonial Heights as 325-330 Inclusive on lot 281, Book 185, Page 43, South Middle- sex Registry of Deeds. These lots were deeded to Mr. Johnson by Lulu Blake April 12, 1950 and recorded January 19, 1951. Mr. Stevens asked the name of the attorney, and Mrs. Ferry replied that she engaged J. Arthur St. Onge of Bedford. 188 Mr. Stevens said he thought her attorney should contact him and he would be glad to take the deed and look into the matter. He said there is some question relative to the Blake lots sold to Mr. Johnson. Mrs. Ferry said that her attorney's bill is now up to *710. She paid *100 for the lots and $50 to Mr. Johnson's attorney. Mr. Stevens took Mrs. Ferry's deed and the Select- men's file on the lots in question. Mr. and Mrs. Ferry retired at 8:25 P.M. Mr. Warren D. Smith, 10 Westminster Avenue and another gentleman met with the Boa d. Mr. Smith said he wanted to find out who made the complaint in regard to operation of a junk yard on his property. The Chairman stated that he did not know who made the complaint, but as he understood it, someone com- plained that the property was being used for a junk yard, and the complaint was made to a member of the Board of Selectmen. Mr. Smith said he wanted to know who made the com- plaint and asked if it was proper to make a complaint without writing. The Chairman explained that if Court action were taken, witnesses would have to be summoned, but this is just an informal complaint, and Mr. Smith received a letter from the Building Inspector who enforces Zon- ing By -Law. Mr. Smith said he has material in the yard that he bought to build a fence and he has a welding machine. The Chairman said that he explained to the Board knowing what he did with the equipment, and the Board was satisfied and that is the end of the matter as far as the Board is concerned. Mr. Smith said he had a right to know who made the complaint and if he had to go to Court over it, that would be all right with him. The Chairman explained that as far as the Board is concerned, the matter is closed. Mr. Smith and the other gentleman retired at 8:35 P.M. The Clerk was instructed to find out what Mr. Irwin wrote in his letter to Mr. Smith. Mr. Carroll reported on the Raytheon Water situation, and said that indications are that Raytheon does not want to go along with putting a 12" main through its property He said there was a tentative approval from Raytheon that it might install this main and the Town would reim- 189 burse it for the difference between a 12" and an 8" main, and money was appropriated at the Annual Town Meeting for installation of a 12" main. Now Raytheon may install its own main at its own expense. He said he questions if this has been thoroughly thought through by Raytheon and Mr. Stevens thinks Raytheon has been disappointing all along because now the intention is Raytheon to develop in from Spring Street only a short distance. water Be said he would try and impress upon Mr. Tetslaff that this is going to be their own water system; the Town will have a pit on Spring Street with a large meter and they will have to pay for it and all the water will be metered which will be expensive. He will advise him that where the Town will put the 12" main it it would have an easement, own, operate and maintain the main and the only water metered would be water in their building. Mr. Stevens said that it would be legal to meter water for fire protection. Mr. Carroll said the next step is for him to con- tact Mr. Tetslaff and find out exactly what Raytheon is doing and report back to the Board. Mr. Carroll reported that bids on the street con- tract were opened today which include North Hancock,Webb and Homestead Streets and some sidewalks. He said when he worked on North Hancock Street with Yihitman & Howard, he told them he wanted to do the best job possible as Street and far a design went, and that meant putting in some sidewalk stonewalls. bids He reported that the low bid was $136,501.00 and the second low bid was $147,512, about $16,000 over the amount available not including engineering. He said the Board could re -advertise after changing the plans and specifications, but hedid not think that would ac- complish anything; the Board could ask for additional money but by doing so, North Hancock Street will be built at an exorbitant cost. The third solution would be to delete the walls on North Hancock Street as the cost of those alone is $33,000. The Lowell Street side- walk is about $15,000 if that should be eliminated. Mr. Adams said he thought that sidewalk should be taken out, and referred back to the School Committee. Mrs. Morey said that it is essentially astreet widening and not just installation of a sidewalk. Mr. Carroll recommended deleting the Lowell Street sidewalk and the walls nn North Hancock Street, possibly redesigning them. He said it may be that it could be redesigned so there will be a concrete base and a field- stone wall above the grade which will be less expensive. 190 He said he thought of letting a contract for the wall independently but did not think it would work out. Mrs. Morey said that if stakes could be placed at the edge of the town's ownership and stakes where slope easements might be, she may want to take coat of a modified wall herself rather than have a slope easement, and that might be the choice of the people next to her. She said stakes should be placed before people are asked to sign slope easements. Mr. Carroll said he could do that, but he wanted to go over the bid item by item to find out just where he stands. He said if certain items are deleted, it might be possible that someone else will be low bidder but he would advise the Board if that happened. He ex- plained that in the contract document, the engineer has the right to delete part or all of any item. The Chairman asked if Mr. Carroll could get a separate bid on the walls and he said he could ask for separate bids and then the prime contractor could bid on the walls as well as the others. It was agreed that Mr. Carroll should go over the items and work out some solution to be submitted to the Board. Mr. Carroll reported that construction has been started on the access road and drainage will soon be put in Bedford Street. The Chairman read a letter from Minute -Man High- lands Association suggesting that Pleasant Street between Route 2 and Concord Avenue be limited to light trucking. It was agreed to ask the Chief of Police to have a check of the traffic on this section of Pleasant Street made and a report submitted to the Board. The subject will then be referred to the Traffic Study Com- mittee for study and recommendation. The Chairman reported that it has been brought to his attention that the Town does not have a Tree Warden as Mr. Mazerall was not appointed when he took over the duties after Mr. Brenton's resignation. He asked if Mr. Carroll thought he qualified, and he replied that Mr. Mazerall is doing an excellent job. Upon motion duly made and seconded, it was voted to appoint Paul E. Mazerall a Tree Warden for a term expiring March 31, 1960. The Chairman suggested that the Traffic Study Com- mittee consider the possibility of prohibiting parking 1 on Bedford Street in the area of the stores now being constructed by Herman MacKay. Mr. Carroll retired at 9:30 P.M. Letter was received from Thomas J. Greehan, Director of Civil Service, advising that under the provisions of Chapter 141 of the Acts of 1959, persons now employed under the title of Welfare Agent in towns that have not by vote authorized the Selectmen to act as the Board of Public Welfare, are to perform their duties under the title of Director of Public Assistance. 191 Director of Public Assistance Mr. Adams reported that David Michelson, when ap- plying for a Guide's license, deliberately gave his residence as Lexington but he is a resident of Bedford. He said the guide situation does not seem adequately covered and some of the guides are not too well dressed to be representatives of the Town. He said there should be some thought given the subject, and recommended ask- ing that all the guides meet with the Board. Mrs. Morey asked who would tell them what to do, Guides when and how. Mr. Ferguson said he was surprised that some of the local civic groups are not interested in the subject. Mr. Adams said the Board could discuss the matter with Mr. Garrity first and then have the guides in. It was agreed to have the Chairman contact Mr. Garrity and advise him what the Board wants. It was also agreed to write to Mr. Michelson and to ask him to resubmit his application for a Guide's license with his correct address. Upon motion duly made and grant the following licenses: Bertram P. Gustin Corner Variety Store Letter was received declining re -appointment brations Committee. The Board agreed to mit; names of individuals vacancy. seconded, it was voted to Licenses 50 Bloomfield St. Auctioneer 856 Mass. Avenue Sunday Sales from Mr. Bentley S. Hutchins as a member of the Town Cele - be prepared next week to sub - for appointment to fill the The G hairman read a letter from Mr. Reginald A. Wood, 1 Neil]ian Street, Bedford, submitting an offer of $500 flus water betterment assessment of $751 the prive entertained by the Board for tax title lot 8 James Street. Upon motion duly made and seconded, it was voted to 192 Tax title advertise a proposal to sell the lot in the Lexington Minute -man. Mr. Adams did not vote on the subject. Tax title Tax title Tax title The Board gave further consideration to offers for tax title lots 191-196 inc lissive; 200-205 in- clusive and 236-246 inclusive received from Buss Brothers and Mr. Oscar Heimlich. The Chairman read a memorandum from Mr. Snow, Planning Consultant, recommending that the lots not be sold until such time as Circle Road is laid out as away under the Betterment Act or the Subdivision Control Law. Reference was also made to the issuance of additional building permits on Circle Road, and it was agreed to discuss the subject with Town Counsel at the next meeting of the Board. The Board gave further consideration to Mr. Fria - sore's offer of $2,000 for tax title lots 59 and 60 Ivan -Street. The Chairman read a memorandum from Mr. Snow, Planning Consultant, recommending that the lots be sold and the manner in which he thought they should be sold. These lots front on the accepted section of Ivan Street and sewer and water pipes are installed in this section. Mr. Ferguson said that the lots are worth more money and he felt that the Board should get more money for the Town for these lots. The . Chairman said he would like another opportunity to view the lots before establishing a price and it was agreed to defer action on the offer until the next meet- ing of the Board. The Board gave further consideration to the follow- ing offers for tax title lots: Philip J.Knox, $1,000 for lots 234-242 Freemont Street John L. Wood, $500 for lots 234-242 Freemont Street Philip Spencer, $600 for lots 631-634 Freemont Street 1800 for lots 234-242 Freemont Street 4150 for lots 234-258 Asbury Street Homeland Realty, $5,075 for lots 234-242 Freemont Street 243-258 Asbury Street 631-634 Freemont Street Leeland Construction Co., $5,000 for lots 243-258 Asbury Street, 631-634 Freemont Street 234-242 Freemont Street Richard D. Hamilton, $5,500 for lots 243-258 Asbury Street 234-242 Freemont Street Albert Zani, $5o0 for lots 631-634 Freemont Street trt 1 1 1 1 193 Upon motion duly made and seconded, it was voted to reject all the offers as being much too low. Petition was received, signed by residents of Fern Street, Moreland Avenue, Swan Lane, Bird Hill Road, Davis Road and Rockville Avenue relative to a second outlet from Fern Street due to the difficulty encountered by vehicular traffic entering Fern and Pleasant Streets. Traffic It was agreed to refer the subject to the Plan- ning Board, requesting a recommended solution, a copy of letter to be mailed to Mr. Henry A. Flynn, 26 Bird Hill Road. The meeting adjourned at 10:30 P.M. A true record, Attest: 194 Minutes SELECTMEN'S MEETING June 29, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing, on Monday, June 29, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Carroll, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. The Chairman read a letter from the League of Women Voters, North Reading, advising that a study is being made of a five -member Board of Selectmen and the resources of study include interviews with the Chairman of towns operating with a. five -man Board. The League would like to meet with the Chairman, or any other member of the Board who might be interested, some evening other than a regular meeting night for a thorough discussion and to obtain answers to a set of questions that the League will have prepared. Upon motion duly made and seconded, it was voted to approve the minutes, as checked, of the Selectmen's Meeting held on June 22, 1959. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Tele- graph Company for permission to locate two poles, guy wire and anchor on the second pole, on Grant Street. Mr. Mahon, representing the Boston Edison Com- pany, was the only person present at the hearing. He explained that there is a house under construction at the corner of Grant and East Streets and it is neces- sary to set two poles to bring service to the house. The proposed locations were approved by Mr. Carroll and upon motion duly made and seconded, it was voted to approve the petition for the following poles and guy wire: Grant Street, easterly side, southerly from a point approximately 20 feet south of East Street, -- Two poles- guy wire and anchor from second pole. Mr. Mahon retired at 7:L0 P.M. cv 1 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; all having been approved by Mr. Carroll: Minute Man Lane, northerly side, easterly from a point approximately 30' east of Battle Green Road, -- Twelve poles; Sky View Road, northerly side, westerly from a point approximately 170' west of Rangeway,- Six poles; Whipple Road, northeasterly frau mately 20 feet northeast of Twenty-one poles; Locke Lane, northeasterly side, from a point approximately of Fairlawn Lane, -- Sixteen poles; Winter Street, northerly side, easterly fran a point approximately 80 feet east of Marvin Street, -- Two poles; Winter Street, northerly side, westerly from a point approximately 15 feet west of Marvin Street, -- Thirteen poles. a point approxi - Lowell Streei, -- southeasterly 25 feet southeast The Chairman read a mem® from Mr. Snow, Planning Consultant, relative to a system for identifying the sections of proposed Worthen Road. Mr. Carroll suggested that the first section be assigned street numbers, as has already been done, but to number them 1A, 3A and 7A. He suggested that the numbering be continued on the second section between Massachusetts Avenue and Waltham Street and that the letter B be placed after the numbers; and that the letter 0 be placed after the numbers on the last section. He said when the road is entirely built, or when any length is connected, the letters could be removed. Mrs. Morey said that in discussing the subject with Mr. Abbott, Chairman of the Planning Board, that is what he agreed to. She said each section sho.4d have a let- ter A, B, G°, D or whatever it may be, so that the sections can easily be located. 195 Worthen Road 196 Mr. Ferguson was in favor of the system proposed by Mr. Snow and said he felt Mr. Carroll's suggestion might be confusing. Mr. Carroll said he thought it was more important to establish some policy for identifying Emerson Road, and explained that a section of this road is now built between Adams and East Streets and there is a section to be built down at Maple Street; these sections being a mile apart. Mr. Adams said the only possible hardhhip is the fact that the legal street number will be 101B and when it is changed there will be some trouble. The Chairman asked Mr. Carroll to give the subject some more thought and report at another meeting. The Chairman read a letter from Mr. Nickerson, Chairman of the Board of Appeals, requesting that an article be inserted in the warrant for the next Town Board of Meeting to increase the number of Associate Members Appeals of the Board from four to five. article Mr. Stevens said he did not recallthat there is any limitation in the Statute, but there would have to be a hearing before the Plannim Board and that Board should have it in mind. The Clerk was instructed to send a copy of the letter to the Planning Board. Further consideration was given to the offer to purchase tax title lots on Circle Road and Mr. Snow's memorandum. Circle Mr. Stevens said that under the Zoning By -Law Road a street is defined as a public way, a street approved by the Planning Board or one in which the Public have rights. He said he did not know that Circle Road con- formed to any of these requdrements and he did not know how long that one house has been there. Mr. Ferguson reported that it was there before 1934. Mr. Carroll said that a car could be driven over the road, but very slowly. Mr. Stevens said that there might be private rights as distinguished from public rights, and he would have to obtain more information. The Chairman explained that there are people who own lots on the street and can build on those lots. Mr. Stevens said that if the way has been opened to the public, the public have rights, and each case has to be considered by itself. He said the Board also has the policy question, whether or not the street is such that the Board wants to encourage development. Mrs. Morey said that there is no Town water in the street and if the lots are sold and built upon, requests will be received for water. Mr. Carroll reported that Mr. Busa has built two new houses and has his own wells. The Chairman said that each case such as this may have to be decided upon as it presents itself. It was agreed tAhat Mr. Stevens would check into this particular case and report to the Board. Mr. Stevens reported on a meeting that he and Mr. Carroll attended relative to the M.D.C. sewer. It was agreed that Mr. Stevens and Mr. Carroll would review the information obtained at the meeting and then arrange to meet with Mr. James to figure the possible cost to the Town. Mr. Stevens retired at 8:15 P.M. Mr. Carroll advised that he went over the street bids received last week and gave a verbal report. He explained that the amount of money available is $120,000 and the low bid is $136,501. Upon motion duly made and seconded, it was voted, inasmuch as all bids received were in excess of the available appropriation, to reject all bids, revise the contract documents and to readvertise. Mrs. Morey did not vote on the subject. Mr. Carroll reported that he contacted Mr. Beck- with of Anderson, Beckwith and Haible, architects for Raytheon. He explained, by use of a sketch, what Raytheon now plans to do, and informed Mr. Beckwith what was in- volved insofar as installation of a water main is con- cerned. Mr. Beckwith is going to call a meeting and Raytheon suggested that Mr. Carroll attend. water Mr. Ferguson asked why the Town was insisting on a 12" main and Mr. Carroll explained that it would com- plete a loop and connect a 12 main with a 12" main. Mr. Carroll gave a brief report and brought the Board up to date as to the status of the various con- tracts that have been let. Mr. Carroll reported that he has a personnel probe m that was brought to his attention this week. The Clerks in his department are extremely disturbed because the Board of Health has recently employed a Salary High School girl at a salary rate of $51.00 per week. It was voted to advise the Board of Health that the starting salary is $44 .00 a week and therefore 197 M.D.C.Sewer 198 Request for light truck- ing only the salary now being paid of $51.00 should be adjusted. Mr. Carroll retired at 9:00 P.M. Mrs. Morey reported that the Traffic Study Com- mittee held a meeting, all members being present with the exception of Mr. Snow. One of the subjects dis- cussed was request from the Minute Man Highlands As- sociation that Pleasant Street between Route 2 and Concord Avenue be limited to light trucking. Chief Rycroft feels that the Town will not be able to get co-operation from the State as that De- partment does not like to eliminate heavy trucking and most of the trucking on that section now is on a temporary basis. Mrs. Morey said that there is a great deal of trucking coming from Maple Street, going up Pleasant Street. She said material has to be moved and it has to be done by trucks going over the streets. She ex- plained that the truckers pay $600 license fee and have a right to use the streets, and the Town cannot prohibit it without State approval. Mr. Adams reported that the Chief is very much opposed to limiting this section and said that he doubted very much if the State would approve another street in Lexington insofar as light trucking is con- cerned. Mr. Ferguson suggested that the Board amend the Traffic Rules and Regulations and let the State decide. Mrs. Morey said the Chief asked why one section of a street should be limited just because someone wants it. Mr. Adams said he was opposed to making a change just on a complaint. He said this is an old street leading to a county way which is supposed to be a main way, and the trucks travelling there now are using it on a temporary basis. Mr. Ferguson said the street these people want to cut off is just a short one and there are other ways to get onto the County or State roads. Mrs. Morey pointed out that the people on Con- cord Avenue and WalnutStreet have not complained. Mr. Adams said this change would be a disorderly way to run a traffic pattern, and if this request is granted, it will be establishing a precedent and other similar requests all over town will have to be granted. Mrs. Morey suggested that the people be advised the trucking is of a temporary nature and does not warrant such a regulation and that the Board will keep a check on it. 1 Mr..Ferguson asked what would be done and Mrs. Morey replied that the overloading of trucks could be stopped. Mr. James asked what makes this a temporary situation, and the Chairman explained that there is building and construction going on in the area. Nr. Ferguson explained that he thought the Board should make the decision and not write these people that the State would not approve such a regu- lation. Mrs. Morey reported that the Traffic Stgdy Com- mittee did not recommend amending the Traffic Rules and R gulations to limit this section of Pleasant Street to light trucking. Mr. James said he was only opposed because of the fact that if the regulations are amended for this one street, the Board will then have to amend them for other streets. It was agreed to advise the Minute Man Highlands Association that the Board has received a report from the Traffic Study Committee, and it is the opinion of the Board that the trucking is of a temporary nature and does not warrant limiting the use of a short section of Pleasant Street to light trucking. Mrs. Morey reported that the Committee considered the parking situation on Bedford Street and Harrington Road, together with the suggestions listed by the Fire Commissioners in a letter to the Board dated June 2, 1959. She informed the Board that the Uommittee re- commended the following: 1. No parking on the right-hand side of Bedford Street for a distance of twenty feet, from Harrington Road going towards Bedford. 2. No parking on the right-hand side of Harrington Road for a distance of twenty feet, from Bedford Street going towards Massachusetts Avenue. 3. No parking on either side of Harrington Road be- tween Bedford Street and Hancock Street. 4. No parking on tither side of Hancock Street from Harrington Road to the railroad tracks. 5. Paint the curbings red, as a temporary measure, to find out whether or not the no parking is obeyed without theerection of signs. The recommendations were approved as submitted. 199 200 (Parking License Tax title Mrs. Morey referred to the parking in the area of Bedford and Reed Streets, where Mr. Mackay is erect- ing his building, and reported that the Committee would like to keep that in view and will have a recommendation before the building is open for business. She also reported that the State is making a study of the Five Forks, Lowell and Maple Street areas, in regard to traffic control and a report will soon be avail- able. Plans are being worked out for control of traffic at Countryside and will be ready soon. The Traffic Committee recommends not waiting for the School Department to include Paul Revere Road in the list for sidewalks. Mr. James said that the people in the area do not want sidewalks and Mrs. Morey explained that thereaare approximately seventy children there now and with the streets in the area being improved the number will in- crease. Mr. Adams reported that the Uommittee agreed that the Paul Revere Road sidewalk is more important than the one on Winchester Drive. He said that..these would be items for the next Annual Town Meeting. It was agreed to have Mr. Adams insert an item in the Minute -man reporting that the Board discussed side- walks on Paul Revere Road and Winchester Drive and feels that they should be irtet3led . Mrs. Morey suggested that white lines be painted on the street from Mariam Street up to Bedford Street to the junction of Bedford Street and Massachusetts Avenue, but not close enough to the Minute Man statue to interfere with thurists taking pictures. Mr. James said the only answer to this location is a traffic officer during rush hours. It was agreed to have the white lines painted in an effort to help the flow of traffic at this junction. Upon motion &Illy made and seconded, it was voted to grant a renewal Peddler's License to James J. Green, 8 Bidke Road. Further consideration was given to Mr. Charles Ramsey's offer, on behalf of Ralph Frissore, of $2,000 for tax title lots 59 and 60 Ivan Street. The Chairman had again viewed the lots and re- ported that he did not think they should be sold, but if the Board did decide to dispose of them, they are worth more money. Upon motion duly made and seconded it was voted to advise Mr. Ramsey that the offerxof $2,000 had been rejected as being much too low. m Pit 1 1 201 Mr. Adams reported on a Civil Defense meeting and stated that Mr. Purinton said he thought there should be a full-time director, preferably someone who is retired, and he would like the Board to have someone in mind with whom he could work and who would gradually take over. At that time Mr. Purinton would like to resign as Director and devote his time to one phase of Civil Defense, preferably communications. Mr. James reported that Mr. Purinton gave each individual present at the meeting literature describing the State's recommendations. This is to be reviewed, modified and discussed at another meeting. Mr. Purinton will . then set up one plan and submit it to the State for approval. It was agreed that the members of the Board should have someone in mind as Director and the appointment made at the next regular meeting of the Board on July 13. Mr. James reported that Mr. Gustin will continue to serve as a member of the Town Celebrations Com- mittee. It was agreed to advise Mr. Ralph H. Tucker that the Board would like to have him serve on the Town Town Celebrations Committee, representing the Lexington Celebrations Historical Society, but if he feels that he cannot, Committee then ask him to suggest someone from the Society. Mr. Ferguson referred to the letter sent to M. Dean Smith, 10 Westminster Avenue, by Mr. Irwin and it was agreed to invite Mr. Irwin to meet with the Board to discuss the letter. Zoning Mr. Ferguson also suggested that, at the same enforcement time, the Board discuss what it thinks Mr. Irwin should be doing in regard to enforcement of the Zoning By -Law. Mr. Adams reported that he was in Mr. Irwints office and he inquired about the unofficial committee on swimming pools and fences. Mr. Irwin suggested that a by-law be prepared which would require fencing of swimming pools. Mr. Stevens was skeptical about it and nothing further was done. Mr. Ferguson said he thought the Building and Zoning By -Laws were to be amended but Mr. Stevens was dubious. Mr. Adams reported that Mr. Irwin has looked into the matter a little further and some towns doehhvs regulations in regard to fencing swimming pools. Mr. James suggested that Mr. Irwin obtain copies of such regulations from the Towns that have adopted 202 them and that the subject be discussed at the next meeting. Mrs. Moreyasked if someone should be thinking about the proposed building that has been referred to as the Red Cross Building. The Chairman said that there was to be a group appointed to look into the possibility of a public building. Mr. Adams said that Mr. Tucker thought it might be a good project for the Historical Society, part way at least. He suggested that someone from the Society work with the Board on the project. It was agreed to ask Mr. Edwin B. Worthen, Jr. and Mr. Tucker, or a member of the Historical Society whom he might suggest, to work with a member of the Board of Selectmen as an unofficial committee to look into the subject and make some notes as to what must be incorporated in a municipal building to serve Lex- ington. The meeting adjourned at 9:40 P.M. A true record, Attest: ectA ive ler k,( Select 4+14 c 1 203. SELECTMEN'S MEETING July 13, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, July 13, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Carroll, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on June 29, 1959. Letter was received from Mr. Arthur P. Maclntyre, 203 Concord Avenue, stating that (1) the top surface of Concord Avenue is rough, (2) the grading at the junction of Walnut Street and Concord Avenue fails to carry sur- face water to the sewers and a re -grading job is neees- sary, (3) no speed limit signs are posted and the area should be patrolled at leapt weekly, and (L) the street should be machine swept weekly. Mr. Carroll reported that the street will be sealed this year as planned. He stated that Mr. Maclntyre is right in regard to the drainage, but the State prepares the design. He explained that extensive grading would result if the catch basins were now corrected to catch the water, but there is no problem created by that fact because the water does drain and there is no accumulation. Mr. Ferguson asked if the Town would have to as - sums the entire cost of a regrading job or if the County and State would participate. Mr. Carroll replied that he did not know, but he could write to the State. Mrs. Morey suggested that Mr. Carroll send a copy of Mr. Maclntyre's letter to the State and advise him that it has been referred to the State Engineer. Mr. Carroll explained that Concord Avenue has been swept many times this year, but it is impossible to sweep the streets every week. Mrs. Morey said that it is swept as often as any other street and Mr. Carroll explained that this street has been swept more than the others this year because of the seal job. He said it has been swept seven or eight times this spring. Mr. Adams asked about item three, speed limit signs and weekly patrolling of the area. He said Concord Ave. complaint 204 Tax title the Chief of Police is waiting until the street is finished and when it is speed zoned and the speed limit approved by the State, signs will be posted. Mr. Ferguson asked when the project would be completed, and Mr. Carroll replied that the latit time he talked to the Department of Public Works, he was led to believe that it might not be done this year, but he would liketo have something in writing. The Chairman said that the speed limit would have to be approved by the State Department of Public Works and it is questionable if approval would be given on an unfinished street. Mr. Ferguson asked if the street could be patrol- led, and the Chairman replied that it can be patrolled, is being patrolled:.and the police are stopping cars there. It was agreed to advise Mr. Maclntyre that the avenue will be sealed this year as planned; his com- plaint relative to drainage will be forwarded to the State Engineer who made the design; the avenue will be speed mned when construction is all complete and submitted to the State for approval; that the police have been patrolling the area and will continue to do so; that the avenue is swept as often as other streets in town and several times more this spring because of the work in the area. Decision relative to Busa Brothers' offer of $800 for twenty-three lots on Circle Road was held over. Mr. Stevens said he did not understand that the Board wanted him to check any further into_ the subject as a result of the letter from Mr. Snow, Planning Con- sultant. He said it seemed to be a policy question and that this was an area in which the Board did not want to encourage development. He said he understood that each case was to be decided upon the facts re- lating to that particular case. Mr. Ferguson was not in favor or pursuing the subject further, and it was agreed to advise Mr. Busa that the Board is of the opinion it will be in the best interEt of the Town to retain ownership of this property. Mr. Stevens reported that he had prepared an Order Sewer Taking of Taking for the last section of the trunk sewer, Order Off authorized at the 1958 Annual Town Meeting, covering a Peacock Farm strip of land running from Peacock Farm Road to Peacock Farm Road and traced the location on a plan entitled "Plan of Sewer Easement Off Peacock Farm Road, Lexington, Mass." 1 205 Mr. Adams asked if the people whose property is in- volved were aware of the taking, and Mr. Carroll replied that they have all been contacted. Upon motion duly made and seconded, it was voted to sign the Taking Order in the following form: C OKMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington a meeting of theBoard of Selectmen of the Town of Lexington held on the 13th day of July, 1959, 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 a sewer main in such accepted or unaccepted streets or other land as the Selectmen may deter- mine from the vicinity of Brandon Street toward Watertown. Street in accordance with Chapter 504 of the Acts of 1897, as amended, or otherwise, and to take by eminent domain, purchase 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 $250,000.00 of which $50,000.00 is to be transferred from the Excess and Deficiency Account, $100,000.00 is to be raised in the cur- rent tax levy and the balance of $100,000.00 is 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 $100,000.00 and issue bonds or notes of the Town therefor, to be pay- able in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceed- ing twenty years» , and WHEREAS the Selectmen have determined that in order to install the sewer main from the vicinity of Brandon Street toward Watertown Street it is necessary that the sewer main be located in the land hereinafter described. NOW, THEREFORE, °Ye, 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 206 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, con- struct, inspect, repair, remove, replace, operate and for- ever 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 extending from Peacock Farm Road to Peacock Farm Road in said Lexington and bounded. and described as follows: Beginning at a point in the southerly side line of Peacock Farm Road, which point is easterly and distant 73.38 feet from the easterly terminous of a curve having a radius of 130.00; thence running South 09° 01' 47" West, distant 210.45 feet to a point; thence turning and running South 59° 38' 20" West, distant 291.55 feet to a point in the easterly side line of Peacsbck Farm Road; thence turning and running south- erly along said easterly side line of Peacock Farm Road by a curve to the right 14th a radius of 970.09, __distant 30.33 feet to a point; thence turning and running North 09° 01' 47 East, distant 221.16 feet to a point in said southerly side line of Peacock Farm Rca d; and thence turning and running North 84° 13' 30" West along said southerly side line of Peacock Farm Road, distant 24.04 feet to a point of beginning; all as shown titled "Plan ington,.Mass Engineer, to and marked "20' Sewer Easement" on plan en - of Sewer Easement" Off Peac•oakiFarai Road Lex- .", dated June 12, 1959, John J. Carroll, Town be recorded herewith. And we do hereby also so take easements, for use in constructing stalled in the permanent easement in the following strips of land in temporary constnuction the sewer to be in - hereinabove described, said Lexington: L. A strip of land having a substantially uniform width of 15 feet and extending from Peacock Farm Road to Peacock Farm Road along the full length of the easterly and southeasterly boundaries of said permanent easement, all as shown and marked "15' Construction Easement" on the aforesaid plan; 2. A strip of land having a substantially uniform width of 15 feet and extending from Peacock Farm Road to Peacock Farm Road along the full length of the westerly and northwesterly boundaries of *thence turning and running North 59°38'20" East, distant 323.87 feet to & point; 1 207 said permanent easement, all as shown and marked "15' Construction Easement" on the aforesaid plan; 3. A strip of land having a substantially uniform width of 20 feet extending from Watertown Street along the easter side line of Peacock Farm Road to said permanent easement, all as shown and marked "201 Construction Easement" on the afore- said plan; and reference to the aforesaid plan is made and said plan is incorporated herein for a complete anddetailed description of said strips of land. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid sewer construction. The construction easements shall termi- nate thirty days after the completion of the sewer construc- tion, and, in any event, not later than May L, 1960. Said rights and easements in the land included within 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 eaaements 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 in- consistent 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 easaaents 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 sane 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 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 cor- rectly stated, it is do be understood that such land or interest is owned by an owner or owners unknown to us: 208 Lots as shown OWNER on aforesaid plan Daniel J. Fink and Tobie W. Fink, husband and wife Guido Majno and Fredericka B. Najno, husband and wife Nathan Sanders Wall and Charlotte. D. Wall, husband and wife Caroline M. Cooper, Walter S. Pierce, Chankey N. Touart, Laurens Troost and Benjamin W. White, as Trustees of Peacock Farms Association Lila D. Mason 17 7 5 1 "A" and Unnumbered. parcel Unnumbered parcel 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 sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 13th day of. July, 1959. /s/ William E. Maloney Ruth Morey Alan G. Adams Raymond W. James Gardner C. Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. July 13, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 209 Mr. Stevens explained that he had prepared a drain easement which runs from Cummings Avenue to Drew Avenue, necessary for street construction to carry a street drain, and traced the location on a plan en- titled "Drain Easement from Cummings Ave. to Drew Ave. Lexington, Mass." Drain Ease - Mr. Carroll reported that the owner of the pro- ment perty has been contacted and asked for $250 per lot which he considered unreasonable. He explained this drain is for the street contract coming out bait week. Upon motion duly made and seconded, it was voted to sign the Drain Easement in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 13th day of July, 1959, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, in accord- ance with the provisions of law applicable thereto, it was unanimously • "VO'iED: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as they may deter- mine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the as- sessment of betterments or otherwise, and to take by eminent domain, purchase 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 $582400.00 and to provide for payment by transfer of $28,100.00 from the Excess and Deficiency Account and by raising the balance of $30,000.00 in the current tax levy.", and WHEREAS, the Selectmen have determined that it is necessary for the public convenience to construct drains for the pur- pose of surface and ground water drainage in the land here- inafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen, duly elected and qualified and acting as such, do hereby, under and by virtue of the pro- visions of Chapter 263 of the Acts of 1926 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and 210 authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the per- petual rights and easements to lay, construct, inspect, repair, remove, replace, operate 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 a certain strip of land extending from Cummings Avenue to Drew Avenue in said Lexington and bounded and described as follows: Beginning at a point in the southwesterly side line of Cummings Avenue, which point is northwesterly and distant 65 feet from the northwesterly terminua3 of a curve with a radius of 15:00; thence running South 21° 08' 37" West, distant 160.00 feet to a point in the northeasterly side line of Drew Avenue;thence turning and running North 68° 51' 23" West along said northeasterly side line of Drew Avenue, distant 10 feet to a point; thence turning and running North 21° 08' 37" East, distant 160.00 feet to a point in said southwesterly side line of Cummings Avengle; thence turning and running South 68° 51' 23" East along said southwesterly side line of Cummings Avenue, distant 10 feet to the point of beginning; all as shown and marked "10' Drain Easement" on plan en- titled "Drain Easement from Cummings Ave. to Drew Ave. Lexington Mass.", dated June 1, 1959, John J. Carroll, Town Engineer, to be recorded herewith. And we do hereby also so take temporary construction easements for use in constructing the drain to be installed in the permanent easement hereinabove described in a strip of latid braving a uniform width of 15feet, extending from Cummings Avenue to Drew Avenue along the full length of and abutting upon the southeasterly boundary of said permanent easement, all as shown on theaforesaid plan and marked"15' Construction Easement" and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said strip of land. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid drain construction. The construction easements shall terminate thirty days after the completion of the drain construction, and, in any event, not later than one year CD Cri 1 211 from the date of this order. Said rights and easements in the land included within 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 ex- ercise of the rights and easements hereby taken, and there 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 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 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 cor- rectly stated, it is to be understood that such land or interest is owned an owner or owners unknown to us: Lots as shown Owner on aforesaid plan Angelo Leone Lots 27, 28, 29 and 30 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 sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 13th day of July, 1959. /s/ William E. Maloney /s/ Ruth Morey Alan G. Adams Raymond W. James Gardner C. Ferguson Majority of the Board of Selectmen 212 Tax title COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. July 13, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James, and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington , and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 Mr. Stevens stated thrt some time ago, the Board signed a deed conveying tax title lots on Freemont Street that were going to Mr. Knox and he was selling two other lots to Mr. Lloyd. Everything was being held up until the Town obtained a sewer easement from Mr. Lloyd. He saidthe easeient has not been obtained authe told Mr. May, Lloyd's attorney, that nothing would be done until the easement was obtained. The deed has to be signed within thirty days so it is now necessary to have a new deed signed. In the meantime, betterments were put on these lots. Upon motion duly made and seconded, it was voted to sign a deed, prepared by Mr. Stevens, conveying lots 228-233 inclusive on Freemont Street to Mr. Philip J. Knox, Jr. Mr. Stevens said that the Board was familiar with the land in East Lexington which the Board was author - 'Extension of ized to acquire for school sites. 'time on land Upon motion duly made and seconded, it was voted 'acquisition to extend the time for passing papers for one month until August 15, 1959 and to authorize the Town Counsel to sign any instrument necessary to accomplish the same. Mr. Stevens explained that the title examination Extension has not been completed on land to be taken from Mark of time on Moore Realty Trust and Todd Realty and he would like an Land ac- extension of time passing papers for one month. quisition Upon motion duly made and seconded, it was voted to extend the time for passing papers for one month 1 until August 15, 1959 and to authorize the Town Counsel to sign any instrument necessary to accomplish the same. Upon motion duly made and seconded, it was voted to sign deed, prepared by Town Counsel, conveying lot Deed 2L, block 33, Avon Street, to Custom Colonials, Inc., having a usual place of business in Somerville. Mr. Stevens reported that the hearing on the Bill for the construction of the MDC sewer line along Route 2 has been set for 10:00 A.M. Wednesday. He advised that nothing further has been heard from the Air Force. 213 Hearing Mr. Carroll reported that Itek hopes to occupy its building by March 1. Mr. Carroll reported that a member of the Rights of Ways Division of the Massachusetts Department of Public Works contacted him about a taking in Westview Landdamage Cemetery. The State offered the Town $250 for a small agreement triangular piece of land at the corner of Westview and Bedford Streets. Mr. Hynes, Chairman of the Cemetery Commissioners, asked that the subject be brought to the attention of the Board. Mr. Carroll said as far as. he is concerned, this is all right, and Town Counsel had no objection. Upon motion duly made andseconded, it was voted to sign a land damage agreement between the Town of Lexington and the Commonwealth of Massachusetts, ac- cepting the sum of $250 for land damage. Mr. Daniel Coughlin, 11 Wingate Road, came into the meeting and requested the Board to have a street sign erected on Wingate Road. Messrs. Stevens, Carroll and Coughlin retired at 8:35 P.M. Chairman McQuillan, Messrs. Cosgrove and Cole of the Board of Health, and Mr. Lurvey, Executive Health Officer, met with the Board. On 4une 8, the Board of Health wrote advising that another girl, giving one-half of each day's work to the Health Department, is needed, and a man, perhaps from the Public Works Department, for one-half each Board of work day to help Mr. Lurvey. Health In the meantime, the Secretary resigned, and a high school graduate was hired by the Board at a salary of $51.00 per week. In reference to this particular item, the Board of Selectmen voted to ad - Street Sign 214 vise the Board of Health that the starting salary for the new girl should have been $44.00 and the salary being paid should be adjusted. The Chairman explained that the Board had devoted considerable time to the establishment of a salary policy and was disturbed to learn that a new, inex- perienced girl had been hired at a salary greater than that being paid to girls in the Town Office Building who had been working for several years. Mrs. Morey explained that two departments in the Town Hall and the library had recently hired girls at a salary of $44.00. The subject was discussed at length, and Mr. Cole said that the Board of Health would have to conform to the policy of the Town. Mr. McQuillan said that he understood the Board wanted the salary adjusted, and if $51.00 is to be paid, it will only be for an experienced girl. He explained that the new girl was hired on a temporary basis and no agreement was entered into. In regard to additional part-time help, Mrs. Morey asked if the Board of Health was giving a pre -budget talk. Mr. McQuillan suggested that the Board of Health do the best it can to hire an experienced girl worth $51.00 a week. The Board of Health retired at 9:10 P.M. Mr. Donald K. Irwin, Building Inspector, met with the Board. The Chairman referred to Mr. Irwin's letter to Warren D. Smith, 10 Westminster Avenue, and explained that some members of the Board questioned the contents of the letter because it involved the Board. He said that Mr. Smith came to the Board in an effort to find out who made the complaint. Mr. Irwin said he just put in the letter the source of his information. He explained that when a neighbor complains, he states in the letter that the comphint was filed by a neighbor. He advised that the reason the letter was written as it was is because Enforcement he could not determine just what Mr. Smith was doing. of Zoning He saw no mning violation, but he did want Mr. Smith By -Law. to know that there was a complaint and he was being watched. Mr. Ferguson asked why the letter was written. He asked if Mr. Smith was violating the law or not. If he was, he whould be told to desist, and if he was notuitlating the law, the letter shouldn't have been written. oat 1 215 Mr. Irwin explained that on his first visit to the premises, Mr. Smith was not there, and he was sure that he would want to know what he was doing on his property. He said he could not determine on the first visit what was going on, and on the second visit, the equipment had been removed. Mr. Ferguson asked how Mr. Irwin determined whether or not an individual was carrying on a business. Mr. Irwin replied that he could usually tell by the equipment or material, depending on the nature of tha complaint. He said that when a complaint is made in writing, he asks that the complainant state what the complaint consists of. Mr. Ferguson said that it seemed to him the way Mr. Irwin determined whether anyone was doing business or not was to wait for a complaint. Mr. Irwin said that he investigates all legitimate complaints. Mr. 'Ferguson asked if Mr. Irwin would consider it a business operation if someone advertised in the paper and had a telephone listed. Mr. Irwin explained that he does not go through the Lexington Minute -man looking for telephone numbers. He said certain things are permissable; professional men can have offices in their homes, and a man can park a truck in his yard. He said he was advised by Town Counsel to make sure that all complaints are made in writing. Mrs. Morey asked if Mr. Irwin would make an in- vestigation if he noticed something that was obviously a violation, and he replied that the first time he noticed it, he would make a mental note, and the next time, he would make an investigation. Mr. Ferguson asked if Mr. Irwin waited for a com- plaint or if he investigated sometimes without a com- plaint. Mr. Irwin said that if he receives a complaint, he investigates, but the Town must build up a case. Mr. Ferguson asked if that was the way the By -Law is written, and Mr. Irwin explained that usually one neighbor does not want to antagonize another neighbor and they will not testify. He said that he investigates obvious violations on his own. Mr. Ferguson asked if Mr. Irwin thought the Zoning By::Law as it is now is enforceable and workable. Mr. Irwin replied that if 100% enforcement is go- ing to be done, there may be some changes necessary. He said the town is growing and people are coming in now who object to certain things that were not objection- able a few years ago, and as the Town grows, the number 216 of complaints will increase. He said, except for some clarification, the Zoning By -Law is not too badly written, and it compares favorably with those of other towns. He said there have been no court cases. Mr. Irwin said that there have been a number of complaints relative to swimming pools not being fenced in. He said there is an active group in Town who might be willing to offer their services to make a stady of Fencing the subject. He explained that a swimming pool iscon- Swimming sidered to be a structure, and as such, must comply with Pools the Building and Zoning By -Laws. He said when permits for swimming pools are issued, he always mentions fencing them, but there is nothing in the law to require a fence. He reported that Wellesley considers them to be structures and requires a plot plan; Winchester has no requirement; Concord does not require a permit; Woburn has no require- ments; Arlington has nothing; Brookline considers them as structures; Malden has regulations but they are more for plumbing and sewerage. The Chairman asked if Mr. Irwin felt the pools should be fenced, and he replied in the affirmative. He said that hehastalked to the contractors who con- struct swimming pools, and they all favor fencing, Mrs. Morey asked why the Town should require people to fence private pools. She pointed out that it is not the Towns regponsibility if children go on private property and fall into a swimming pool. Mr. Irwin said that a committee might find out what is being done in other towns, probably in other sections of the country, see what the laws consist of, and if they can be applied here. Mr. Irwin reported that Mrs. Reed will be leaving the employ of the Town the end of this month. She has been working from 9:00 A.M. until 1:00 P.M. for the Board of Appeals and the arrangement has worked out very well. Mr. Irwin retired at 9:45 P.M. Mr. John Brucchi met with the Board, presented a drawing of his property and the properties of close neighbors. He explained that the Board of Appeals had denied his application for a permit to pperate a riding school at his home on Paul Revere Road. Board of The Chairman explained that the Board of Selectmen Appeals does not have any control over the situation. Mr. Brucchi asked if there was anyone to whom he could appeal, and Mr. Adams expla-ned that he would have to go to the Superior Court. Mr. Brucchi retired at 10:10 P.M. n 0-4 1 217 Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the fol- lowing j/o pole locations: Winthrop Road, northwesterly side, northeasterly Pole from a point approximately 115' northeast locations of Sherburne Road, -- Four (L.) poles. Philip Road, southeasterly side, southwesterly from a point approximately 20 feet south- west of Buckman Drive, -- Four (I}) poles. Stimson Avenue, southerly side, easterly from a point approximately 30' east of School Street, -- Six (6) poles. Wheeler Road, northeasterly side, southeasterly from a point approximately 20' southeast of Fairlawn Lane, -- Ten (10) poles. Lantern Lane, easterly side, northerly from a point approximately 20 feet north of Philip Road, -- Seven (7) poles. Holton Road, northerly side, easterly from a point approximately 35 feet east of Wood Street, -- Bight (8) poles. Dawes Road, northwesterly side, southwesterly from a point approximately 20 feet southwest of Buckman Drive, -- Seven (7) poles. Dawes Road, southeasterly side, southwesterly from a point approximately 20 feet southwest of Pollen Road, -- Three (3) poles. Russell Road, easterly side, northerly from a point approximately 30 feet north of Whipple Road, -- Four (t.) poles. Russell Road, westerly side, approximately 555 feet north of Whipple Road, -- One (1) pole. Russell Road, southeasterly side, southwesterly from a point approximately 20 feet south- west of Winchester Drive,-- Fotr ;(k) poles. 218 Fiske Road, southwesterly side, from a point approximately of Winchester Drive, -- Five (5) poles. Fiske Road, northeasterly side, from a point approximately of Fairlawn Lane, -- Two k2) poles. Fiske Road, southwesterly side, from a point approximately of Fairlawn Lane, -- Eight (8) poles. Patterson Road, southeasterly side, northeasterly from a point approximately 25 feet north- east of Wood Street, -- Thirteen (13) poles. Patterson Road, southwesterly side, approximately 470 feet northwest of Holton Road,— One (1) pole. Blueberry Lane, northwesterly side, northeasterly from a point approximately 35' northeast of Tyler Road, -- Fourteen (14) poles - guy wire and anchor on 8th pole. Blueberry Lane, westerly side, approximately 35' north of Tyler Road, -- One (1) pole. southeasterly 20' southeast northwesterly 20' northwest southeasterly 25' southeast Copies of letters from Mr. Paul M. Mitchell to Mr. John Carroll relative to Asbury Street construction Complaint were sent to the Board. A copy of Mr. Carroll's reply was also received. Mr. Mitchell is disturbed about the defacement of his property, the hazardous topo- graphy and the expense. It was agreed to leave the matter for Mr. Carroll to handle at his discretion. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation statement, on Cert. of Inc. behalf of William S. Batchelor, 456 Waltham Street, satisfactory character reference having been received from the Chief of Police. Further consideration was given to Mr. Reginald A. Wood's offer of $500 plus $75 water betterment assessment for lot 8 James Street. A proposal to sell this lot was advertised in the June 25, 1959 is- sue of the Lexington Minute -Man. No persons contacted 1 the Selectmen's Office as a result of the advertisement, Upon motion duly made and seconded, it was voted to sell and convey lot 8 James Street to Mr. Wood sub- ject to a restriction whereby it will be combined with lot 7, which he now owns, and that bhly one building will be erected on the combined lots. The Chairman read a letter from Mr. Richard D. Hamilton, 14 Harbell Street, offering $6100 farlots 2L3-258 inclusive on Asbury Street, and lots 234-242 inclusive on Freemont Street. Mr. Hamilton had pre- viously offered MOO. Upon motion duly made and seconded, it was voted to advise Mr. Hamilton that his offer is too low. Upon motion duly made and seconded, it was voted to adopt the Jury List for 1959. The Chairman read a letter frmm Mr. James J. Carroll,advising that he had received a letter of resignation from Mr. Dexter Smith, a member of the Historic Districts Commission. The Clerk was instructed to place the subject on the agenda for the next meeting. Further consideration was given to the appoint- ment of a Director of Civil Defense and the Chairman was authorized to discuss the subject with Mr. Harold Roeder, who was suggested as a Director, and report to the Board at the next meeting. Mr. Adams said he thought the Town could save money on anticipation borrowing if the tax bills were sent out earlier. He said this was something for the Board to consider and investigate for next year. The Chairman was authorized to contact the Collector in the Town of Winchester to find out what percentage of taxes have been collected, the bills having been mailed early. On July 8 the Board signed a letter to the Honorable Thomas P. O'Neill, Jr., House of Repre- sentatives, Washington, D.C., unanimously endors- ing the proposed Minute Man National Park, a portion of which will be situated in the Town of Lexington. Mr. Adams brought up the subject of street lights on Bedford Street, and asked if it was possible to re- place the present lights with brighter ones. The Chairman agreed to discuss the subject with 219 Tax title Tax title Jury List Resignation Civil Defense Tax bills National Park Lights on Bedford St. 220 Mr. John Carroll and also to request the Chief of Police to enforce the Traffic Rules and Regulations relative to all night parking. Mr. Adams brought up the subject of private swimming pools being filled by the Fire Department, and reported that equipment had been sent to 324 Concord Turnpike to fill a pool for an individual Swimming who does not have town water. Mr. Carroll had given Pools his consent because the Fire Department had already promised to fill the pool, but he will not do it again. Mr. Adams said that if this is to be a ser- vice of the Town, a charge should be made. He re- ported that some towns have a minimum charge of $35 and go up to $50. Mr. Carroll is not in favor be- cause of the bookkeeping involved and is of the opinion that it will cost more than it is worth. Furthermore, he does not want the men in his depart- ment to do this. It was agreed to discuss the subject with Mr. Carroll at the next meeting. The Chairman was authorized to check with the Planning Board to determine whether or not the layout Worthen of Worthen Road, as agreed upon by the Board, has Road been changed. Letter was received from Busa Realty Trust, 38 Circle Road, offering $1,550, plus betterments, for Tax title lots 90-94 inclusive on Albemarle Avenue. If the amount is not acceptable, the bidder would like a delay until July 27 to ascertain the amount of court and attorney's fees. It was agreed clot to take any action on the offer until the next meeting of the Board. Request was received from Mrs. Herman VanSchuyver, 458 Marrett Road, on behalf of the Grace Chapel Young Peoples' Group, to place printed posters, advertising a program of classical country music, in the Center. The Board had no objection. X;fr The meeting adjourned at 10:45 P.M. A true record, Attest: ec tive lark 0.1 emt 1 1 SELECTMEN'S M r,'1'ING July 27, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, July 27, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were pre- sent. Mr. Carroll, 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 two jurors. Mr. John A. Nilson, 62 Adams Street and Mr. Austin Maloney, 155 Blossom Street, were drawn for jury duty. Mr. Carroll retired. 221 Jurors Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on July 13, 1959. Messrs. Lipton, Bernt and Slovens of t'leBattle Green Inn met with the Board. Mr. Lipton explained thP.t he is still trying to erect a sign of some description and discussed the subject at length. He said that it is necessary be- cause the Inn is losing business due to the fact people cannot locate the building even when they are looking Sign for it. Mr. Stevens, Town Counsel, arrived at the meeting at 7:1j5 P.M. Mr. Stevens explained that in order for the Inn to have an overhanging sign, there would have to be permission granted from both the Board of Selectmen and the Board of Appeals. He said that generally in the matters of the Zoning By-law, the first meeting is with the Boad of Appeals. The Chairman said that the Selectmen could not grant permission for something to overhang the side- walk when they did not know what it is. Mr. Lipton said the only way he can determine it is to say that it is a sign. The Chairman stated that the Board understood the problem, would discuss the subject and try to give Mr. Lipton an answer. The group retired at 8:10 P.M. The Chairman agreed to contact Mr. Lipton. 222 Mr. Stevens presented, for the BoardTs signature, a Sewer Easement in land of the Associates Realty Trust of Lexington, as shown on a plan entitled "Plan of Sewer Easement Off Northern Circumferential Highway (Route 128) Lexington, Mass." Mr. Carroll explained that the easement is necessary to construct the sewer for Raytheon. Upon motion duly made and seconded, it was voted to sign the Order of Taking in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of July, 1959, it is ORDERED: Whereas at a Special Town Meeting duly called, warned and held on September 15, 1958, in accordance with the provisions of]aw applicable thereto, it<.was unanimously "VOTED: That the Selectmen be and they hereby are guthorized to further extend to the general vicinity of the intersection of Shade and Weston Streets, in such lo- cations as the Selectmen may determine, subject to the assessment of betterments or otherwise, the sanitary sewer that it waE voted to extend under Article ]LG of the warrant for the 1958 Annual Town Meeting, in accord- ance with Chapter 504 of the Acts of 1897, as amended, or otherwise, and to take by eminent domain, purhhase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for the construction of such extension and for land acquisition the sum of $223,000.00 and to provide for payment thereof by the transfer of *6800.00 from the Sewer Assessment Fund, the transfer of *6200.00 from the unexpended balance in the current appropriation for Interest on Debt that was voted under Article 4 of the warrant for the 1958 Annual Town Meeting, and the balance of *210,000.00 to be pro- vided by the issue of bcnds 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 *210,000.00 and issue bonds or notes of the Town there- for, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years from their dates.", and WHEREAS the Selectmen have determined that in order to install the said sewer it is necessary that the sewer be locateu in the land hereinafter described. 1 223 NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, con- struct, inspect, repair, remove, replace, operate and for- ever -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 bounded and described as follows: Beginning at a point in the common boundary of Lot D, as shown on plan hereinafter men- tioned, and land of the Town of Lexington, which point is northeasterly and distant 16.55 feet from a Massachusetts highway bound; thence running South 72° 401 30" East along said com- mon boundary, distant 20.82 feet to a point; thence turning and running South 01°09122" West, distant 28.13 feet to a point in the com- mon boundary of said lot D and land of theCom- monwealth of Massachusetts; thence turning and running North 41° 481 43" West along said last mentioned common boundary, distant 29.34 feet to a point; and thence turning and running North 01° 09' 22" East, distant 12.46 feet to the point of beginning; all as shown and marked "Sewer Easement" on plan entitled "Plan of Sewer Easement Off Northern Circumferential High- way (Route 128) Lexington, Mass.", dated April 22, 1959, John J. Carroll, Town Engineer, to be recorded herewith. And we do hereby also so take temporary construction easements for use in constructing the sewer to be instal- led in the permanent easement above described in two strips of land abutting upon and situated westerly and easterly of said permanent easement, said strips of land being as shown on said plan and marked "Construction Easement", and reference to said plan is made and said plan is incorporated he 'ein for a cor"plete and detailed description of said strips of land. 224 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. The construction easements shall terminate thirty days after the com- pletion of the sewer construction, and, in any event, not later than December 31, 1959. Said tights and easements in the land included within the above descriptions are taken without inter- ference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably neces- sary 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 re- spective 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 and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the preiises in reasonably the same condition as when the entry was made. Any trees upon the land included within the above described parcels 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 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: Lots as Shown On Owner Aforesaid Plan Nathan Pearson, Edmund F. Finnerty, Gage Bailey, Owen Tudor, David UI Sullivan Philip W. Air, Arthur B. Bell, Mortimer A. Seabury, Jr., John T. Lynch and James J. McGlame, Trustees of Associates Realty Trust of Lexington No betterments are to be assessed for this improvement. Pn 1 22 And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. Witness our hands at Lexington as aforesaid, this 27th day of July, 1959. /s/ William E. Maloney Ruth Morey Alan G. Adams Raymond W. James Gardner C. Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. July 27, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free ant and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 Letter was received from Mr. Stevens, together with instrument to be executed by the Board releasing Lot 2 on Land Court plan No. 25931B from the restrictions set Release forth in a deed given by the Town to Benjamin H. Golini et ux, dated January 10,.1955; said release authorized by vote of the Town Meeting under Article 60 of the War- rant for the 1959 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the release, the original of which was taken by Mr. Stevens. 226 greement Mr. Stevens presented, for the Board's signature, an agreement between the Town and Hillcrest Village, Lexington, Inc., whereby the amount of $50,000 for a parcel of land in the easterly part of the Town, abut- ting the Lexington -Arlington line containing 23 acres, more or less, will be paid in four installments. He explained that this is the same type of an arrangement made in acquiring the Willard property. Mr. Ferguson asked if the land was being taken by eminent domain and Mr. Stevens replied in the negative. Mr. Ferguson asked when the Town would obtain a clear title to the land and Mr. Stevens replied when the Town received the deed. Upon motion duly made and seconded, it was voted to sign the Agt?eevent in the following form: (See Page 226-A-) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Bcard of Selectmen of the Town of Lexington held this 13th day of July, 1959, it is ORDMED: Whereas by vote duly adopted by a Town Meeting duly called, warned•hand held on March 2, 1959, namely at an adjourned seesion thereof duly held pn March 16, 1959, in accordance with the provisions of law applicable thereto, the Selectmen were authorized on behalf of the Town of Lexington to purchase, take by eminent domain or otherwise acquire for school, play- ground or other public purposes, the land hereinafter described, and an appropriation of money was made there- for, as will more fully appear by reference to said vote, an attested copy of which is annexed hereto. NOW, THEREFORE, we, the undersigned, being a major- ity of the Board of Selectmen of the said Town of Lexing- ton, duly elected, qualified and acting as such, do here- by pursuant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of theActs of 1926 and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee in the name and on behalf of the Town of Lexington for sewer, water, drain, street, school, playground and recreational purposes the following parcel of land, with any building and structures thereon, situated in the easterly part of Lexington, abutting the Lexington -Arlington boundary, and bounded and described as follows: CD 1 226-A AGREEMENT Agreement made this 27th day of July, 1959 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 Hillcrest Village, Lexington, Inc., a corporation duly organized and existing under the laws of Massachusetts and having a usual place of business in Arlington, in said Mid- dlesex County, hereinafter called the Party of the Second Part, which exp�sson albV, include its, successors and as- signs. WHEREAS, by instrument dated March 16, 1959, the Party of the Second Part, granted to the Town an option to acquire at a price of $50,000 a certain parcel of land situated in the easterly part of Lexington, abutting the Lexington -Arl- ington line and containing 23 acres, more or less, which option was duly exercised by the Town. NOW, THEREFORE, the said Town agrees that in consideration of the delivery to it by the Party of the Second Part of the deed to said land as provided in said option instrument, it will make payment of said price of $50,000 to the Party of the Second Part as follows: 1. Upon receipt of said deed, it will pay forthwith the sum of $8,000, 2. On or about January 5, 1960, it will pay the further sum of $14,000, 3. On or about January 5, 1961, it will pay the further sum of $14,000, and L.. On or about January 5, 1962, it will pay the final sum of $14,000. IN WITNESS WHERMF, the name of the Town of Lexington has been hereto affixed and this instrument has been ex- ecuted in its name and on its behalf by a majority of the Board of Selectmen the day and year first above stated. /s/Gardner C. Ferguson Raymond W. James TOWN OF LEXINGTON By /s/ Ruth Morey Alan G. Adams William E. Maloney Majority of the Board of Selectmen VOID 227 EASTERLY by the Lexington -Arlington boundary by two lines measuring respectively 1438.00 feet and 308.08 feet; NORTHERLY by the southerly terminus of Daniels Street, by lots 17, 18, 19, 20, 21, 22 and 23, as indicated on plan hereinafter mentioned, by the southerly terminus of Sutherland Road, and lot 1 as indicated on said plan, 711.48 feet; WESTERLY by lots 141 to 169, inclusive, as indicated on said plan, 843.73 feet and by lots 56, 54. 52. 50; Parcel A and lots 48A and 47, as indicated on said plan, by seven courses measuring respectively 172.52 feet, 85.83 feet, 56.93 feet, 86.58 feet, 167.33 feet, 161.52 feet and 150.00 feet; SOUTHERLY by land now or formerly of the Commonwealth of Massachusetts by two lines measuring respectively 391.17 feet and 163.68 feet; and containing, according to said plan, 23.8 acres, more or less. The above described land is sown on plan entitled "A Compiled Plan of Land in Lexington Mass.", dated March, 1959, John J. Carroll, Town Engineer, to be recorded here- with. There is included in said taking the rights of way reserved for and made appurtenant to said land in deed from Emma V. Chenery to Rose Raphael, dated May 15, 1917, recorded in Middlesex South District Registry of Deeds, Book 4136, Page 165. All trees upon said land and buildings and structures affixed thereto are included in the taking. We award the damages dustained by the persons in their property by reason of the taking hereby made as fol- lows: To Hillcrest Village, Lexington, Inc., the sum of One ($1.00) Dollar. In so awarding damgges we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any in- terest in said land is not stated or is not correctly stated, it is to be understood that such interest is 228 owned by an owner or owners unknown to us, and in such case our award is made to the lawful owner or owners thereof. No betterments are now to be assessed for the improve- ments for which this taking is made. WITNESS our hands and seals in said Lexington the day and year first above written. /s/ William E. Maloney Ruth Morey Alan G. Adams Raymond W. James Gardner C. Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. July 13, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed 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 CERTIFICATE OF VOTE July 13, 1959 I, James J. Carroll, Town Clerk of the Town of Lex- ington, hereby certify that at a Town Meeting duly called, warned anc held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, in accordance with the provisions of law applicable thereto, the fol- lowing vote was duly adopted by more than a two-thirds majority: 1 "VO'Ti:D: That the Selectmen be and hereby are authorized to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes a parcel of land in East Lexington abutting the Lexington -Arlington Town line and bounded northeasterly by the rear lines of lots fronting on Aerial Street, the southwesterly end of Sutherland Road and the side line of a lot fronting on Sutherland Road; north- westerly by the rear lines of lots fronting on Tarbell Avenue and on Peacock Farm Road; south- westerly by land of the Commonwealth of Massachu- setts and south easterly by the Lexington -Arling- ton Town line, and to appropriate therefor the sum of $50,000.00 and provide for payment by transfer from the Excess ana Deficiency Account." A true copy. Attest: James J. Carroll, Town Clerk The Chairman read a letter from John Modoono, 192 Woburn Street, relative to water and sewer drain pipes being put through his land. Mr. Carroll presented a street construction plan and reportp,d t $ Modoono wase :ferning` -to a:: drain which the own proposes to build on Webb Street. He said that there is a low spot about opposite Dunham Street and all the drainage, including Webb and Dunham Streets has to be run through Mr. Modoonots land out to Woburn Street. He reported that Mr. Higgins talked to Mr. Modoono and also went to see him after receipt of this letter. Mr. Modoono admitted tc Mr.Higgins that he had been advised of the situation and he also admitted that he received a copy of the plan, and tht the letter was written by his sister. Mr. Carroll explained that there is no other possible way to handle the problem. It will be a ten foot perma- nent easement and a twenty foot temporary easement for construction, and will actually tend to improve the Modoono property. The Chairman said he did not think there would be much of a problem and he agreed to discuss the matter with Mr. Modoono. 229 Drain throt Modoono land 230 `The Chairman read a letter from Ernest A. Giroux, addressed to the Town Engineer, relative to the fence along the driveway to the entrance of the municipal parking area off Waltham Street. A portion of the pro- perty bordering the entrance driveway is under agree- ment to purchase and the buyer has inquired about the fence. Fence at Mr. James said that the fence was erected to pro - parking tect people and where it becomes a matter of publics area convenience it can be taken down. The Board agreed that there would be no problem insofar as the fence is concerned if a new commercial structure is erected on the property referred to by Mr. Giroux. The Chairman read a letter from the Board of Fire Commissioners asking if any change had been made in the policy for filling wells. Mr. Adams asked if the people whose walls are being filled are in reach of Town water and Mr. Filling Carroll replied that some of them are and some of them wells are not. Mr. Adams said it seemed to him that there should be some fee for filling wells. Mr. Carroll said he did not think it was enough of a problem to make a charge, and they are billed $3.00 minimum. He said it is a decreasing problem. It was agreed not to make any change in the pre- vious arrangement whereby requests are referred to the Water Department and if sanctioned by that De- partment, the wells are filled by the Fire Department. Reference was made to filling private swimming pools and Mr. Carroll said that he does not want his men to fill them as they are too busy. He reported Swimming that on every call to have a private pool filled he pools has asked why they cannot fill the pools themselves and the answer has always been that it will take three days. The Chairman asked Mr. Carroll for his recom- mendation and he replied that he definitely did not think the Town should be expected to fill private swimming pools. It was agreed to accept Mr. Carroll+s recommendation and not fill private swimming pools. The Chairman read a letter from Rocco M. Frasca, 987 Waltham Street, asking to have the sidewalk bet- terment assessment levied against his property defer- red. Mr. Frasca met with the Board last year at which time it was voted to reduce the betterment from $413.50 to $250 and defer payment if he so requested. Fmk 1 231 Upon motion dulymade and seconded, it was voted, under the provisions of Chapter 159 of the Acts of Frasca 1950, to extend the time for payment of $250, without sidewalk interest, until the land or any part thereof is built betterment upon, sold or until the expiration of three years from the date hereof, whiehever event occurs first. Letter was received from the Mystic Valley Gas Company requesting permission to relay and partially relocate a 6" high pressure gas main in Preston and Blake Roads. Upon motion duly made and seconded, it was voted Gas main to grant the request subject to the provision that the work be done according to Mr. Carroll's specifica- tions and to his satisfaction. Mr. Stevens retired at 8:40 P.M. The Chairman read a letter from Edward B. Cass, attorney for Mr. Cardillo, advising that he cannot pay the price entertained by the Board for lots 90-911. Albemarle Avenue, but would like an opportunity to bid for them at a public auction if possible. He can pay no more than $1500. The Chairman read a letter from Busa Realty.Trust advising that they will pay the price entertained by the Board for lots 90-94 Albemarle Ave nue . Upon motion dull made and seconded, it was voted that a proposal to sell be advertised in the Lexington Minute -man and that further consideration be iven the offer at the meeting to be held August 10, 1959. The Chairman read a letter from Mr. Alfred Busa, 38 Circle Road, acknowledging the Board's letter of July lh advising that the Board is of the opinion that it is in the best interest of the Town to retain owner- ship of tax title lots on Circle Road. Mr. Busa owns lot 206 and asked the Board to consider selling lots 200-205 inclusive on Circle Road. Upon motion duly made and seconded, it was voted to advise Mr, Busa that the Board is not in favor of disposing of any lots on Circle Road until such time as the road is laid out as a way under the Betterment Act or under the Subdivision Control Law. Tax title Tax title Tax title Mr. Carroll referred to the bids for street work, Contract No. 6 and reported that J. A. Vitale was the low bidder. Whitman & Howard have checked the totals Street and they are correct. They have checked the financial contract 232 Truck bids statement and contacted the State Department of Public Works, for whom Vitale has recently done three jobs. Whitman & Howard recommends that the contract be awarded to Vitale. Upon motion duly made and seconded, it was voted to award the contract for Street Work, Contract No. 6 to J. A. Vitale, the low bidder, at $92,400.50. Mr. Carroll reported that he had received bids for a two and a half tone truck. The low bidder was the Mystic Bridge Motors, 0682 for a Dodge. The next low bid was $8700 submitted by Truck Sales and Service. He explained that he wrote quite lengthy specifications in an effort to obtain competitive bids and said he would recommend to the Board that the lowest bidder meeting every specification be awarded the contract. He reported that the low bid- der did not meet all the specifications and he recom- mended accepting the bid of $8700. Upon motion duly made and seconded, it was voted to accept the bid of $8700 submitted by Truck Sales and Service, all specifications having been met, for a two and a half ton Dodge. Mr. Carroll presented each n,ember of the Bpard 'Bedford with recommendations for lighting Bedford Street from Street Massachusetts Avenue to the First National Store. He Lighting stated that his recommendation is outlined under Item E, changing all lamps to 11,000 mercury vapor which will increase the operating cost $605.40. Mr. Adams asked if there would be any change in pole equipment and Mr. Carroll replied that there will be new brackets but no new poles. It was agreed to accept Mr. Carroll's recommenda- tion and change all lamps to 11,000 mercury vapor from the corner of Harrington Road to just beyond the First National Store. ,Committee appointment Mr. Carroll retired at 9:05 P.M. Further consideration was given to the appointment of a member of the Historic ]i ricts Commission to re- place Mr. Dexter Smith who has resigned. It was agreed to have the Chairman contact Donald Hathaway to find out whether or not he would be willing to serve on the committee. The Clerk was instructed to notify the Planning Board, Board of Appeals, Town Counsel and Superinten- Meeting dent of Public Works that a meeting w111 be held in the Selectmen's Room on Monday, August 3 at 8:30 P.M. .for the purpose of discussing the current status of cc 1 the plans for the proposed Waltham Street Apartment District Development. Upon motion duly made and seconded, it was voted to grant Guide Licenses to David S. Michelson, 1 Mae Road, Bedford, and Albert S. Woodhall, Jr., 220 Lincoln Street, Lexington. It was agreed that the Chairman would meet these boys and present them with their license and badge. Upon motion duly made and seconded, it was voted to appoint the following Election Worle rs for 1959-1960, terms expiring September 1, 1960: ELECTION OFFICERS 1959 R George E. Foster 10 Plainfield Street R Ilda J. Field 20 Chase Avenue D Mary W. Rowland 148 Lowell Street D Rose I. McLaughlin 88 Oak Street R Mary E. Clifford 54 Chase Avenue D Annie H. McDonnell 7 Curve Street R Lena Rochette 370 Marrett Road D Randall W. Richards 67 Farmcrest Avenue D Mary G. Oliver 610 Waltham Street D Elizabeth F. Downey 4 Farmcrest Avenue D Henry P. Meade 144 Grant Street R Nellie I. Batstone 49 Bartlett Avenue 1960 233 Licenses R Alice G. Marshall 9 Independence Avenue R Otis S. Brown, Jr. 11 Diana Lane R Sally S. Hooper 282 Bedford Street R Edna D. Anderson 21 Leonard Road D Clarence E. Delp 18 Dexter Road D Joseph 0. Rooney 51 Grant Street R Elizabeth Fardy 40 Preston Road 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 234 Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in + Sewer Weston Street from Lincoln Street a distance of 300' - Orders southerly, and an Order for the construction of a sewer in Lincoln Street from the intersection of the center lines of Lincoln and Weston Streets a distance of 110' - westerly and 180' ± northeasterly along Lincoln Street. Upon motion duly made and seconded, it was voted to approve the petitions and sign the orders for the following j/o pole locations, all having been approved by Mr. Carroll: Constitution Road, northeasterly side, northwesterly from a point approxi - Pole mately 85 feet northwest of Paul locations Revere Road, -- Nine poles - Guy wire and anchor on 9tki. Ellison Road, easterly Bide, woutherly from a point approximately 20 feet south of Roosevelt Road, -- Two poles. (Two existing j/o poles to be removed.) Benjamin road, southeaterly side, north- easterly from a point approximately 20' northeast of Concord Avenue, -- Twelve poles. Buckman Drive, westerly side, southerly from a point approximately 110' south of Locust Avenue, -- Sixteen poles. Sherburne Road, easterly side, northerly from a point approximately 15' north of Dane Road, -- Two poles. Sherburne Road, easterly side, approximately 110' south of Winthrop Road, -- One pole. Field Road, northwesterly side, southwesterly from a point approximately 20' southwest of Concord Avenue, -- Eight poles. 1 235 Hutchinson Road, northwesterly side, northeasterly from a point approximately 20' northeast of Concord Avenue, -- Eight pot s. Mill Brook Road, southwesterly side, northwesterly from a point approximately 25' northwest of Adams Street, - Two poles. Red Coat Lane, southeasterly side, northeasterly from a point approximately 140' northeast of Burlington Street, -- Ten poles. Guy wire and anchor on first pole. Turning Mill'Road, southeasterly side, northeasterly from a point approximately 100' northeast of Robinson Road, -- Five poles.- Guy wire and anchor on 5th pole. Leroy Road, northwesterly side, approximately i5' northeast of Marrett Road, One pole. Leroy Road, southeasterly side, approximately 185' northeast of Marrett Road, -- School Street, easterly side, approximately 180' south of Massachusetts Avenue, -- One pole. Battle Green Road, southwesterly side, south- easterly from a point approximately 40' south- east of Paul Revere Road, Nine poles. Bates Road, southeasterly side, northeasterly from a point approximately 25' northeast of Wood Street, -- Three poles. Bates Road, northwesterly side, northeasterly from a point approximately 340' northeast of Wood Street, -- Five poles. Guy wire and anchor on fifth pole. 236 Civil Defense The Chairman reported that he contacted Mr. Roeder relative to a Civil Defense Director and he has an individual, Mr. Arthur (Burrell, whom he would like to present to the Board. It was agreed to invite Mrr. Roeder and Mr. Burrell to attend the meeting on August 10. The Chairman reported that he discussed all nikh parking on Bedford Street with the Chief who advised that it has never been the policy to stop all night All night parking in the Town during the Summer months. It is parking enforced in the Winter because of snow removal opera- tions. If the Board desires to order no all night parking in any particular area, he will enforce it. The Chairman reported that the Town of Winchester is more than pleased with the new machine for preparing tax bills. This is the first year a machine has been Tax bills used and the Collector felt that the bills were a little late going out the end of June. He borrowed $100,000 less in anticipation of collections, but payments did not come up to his expectations. He felt the billing would have been more effective if the bills had been sent out the middle of June. The Chairman reported that he discussed Worthen Road with Mr. Snow and no change has been made in the Worthen location that was agreed upon by the Selectmen and the Road Planning Board. The meeting adjourned at 10:03 P.M. A true record, Attest: _ ec ive lerk, Select n. 1 237 SSCTM N'S MEETING August 10, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 10, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams and Ferguson were present. Mr. John J. Carroll, Superintendent of Public Works, and the Acting Clerk were present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on July 27, 1959. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the fol- Pole lowing pole locations; all having been approved by locations Mr. Carroll: Flintlock Road, southwesterly side, north- westerly from a point approximately 25 feet northwest of Red Coat Lane, -- Five (5) poles. Flintlock Road, westerly side, northerly from a point approximately 115 feet north of Red Coat Lane, -- Nine (9) poles. Winthrop Road, northwesterly side, approxi- mately 15 feet southwest of Sherburne Road, -- One (1) pole. Normandy Road, southe=asterly side, south- westerly from a point approximately 115 feet southwest of Hudson Road, -- Seven (7) poles. Dane Road, southeasterly side, southwesterly from a point approximately 300' southwest of Sherburne Road, -- Ten (10) poles. Cary Avenue, easterly side, southerly from a point approximately 65 feet south of Middle Street, -- Five (5) poles. Cary Avenue, southeasterly side, northeasterly from a point approximately 475 feet north- east of Shade Street, -- Nine (9) poles. 238 Stearns Road, southerly side, westerly from a point approximately 20' west of Pleasant Street, -- Two (2) poles. Westwood Road, southeasterly from a point approximate Mill Brook Road, -- Four (4) poles. Westwood Road, northeasterly from a point approximate Adams Street, -- Three (3) poles. Demar Road, northwesterly side, southwesterly from a point approximately 475' southwest of Turning Mill Road, -- Twelve (12) poles. Hudson koad, northeastety side, southeasterly from a point approximately 25 feet southeast of Spring Street, -- Ten (10) poles. Underwood Avenue, southwesterly side, southeasterly from a point approximately 130 feet southeast of Spring Street, -- Five (5) poles. Independence Avenue, southwesterly side, north- westerly from a point approximately 510 feet northwest of Massachusetts Avenue, -- Eight (8) poles. Munroe Road, northwesterly a point approximately Road, -- Three (3) poles. Munroe Road, southeasterly a point approximately Road, -- Seven (7) poles. Woodcliffe Road, southwesterly side from a point approximately �5' Munroe Road, -- Seven (7) poles. Woodcliffe Road, southeasterly side from a point approximately 15' Hudson Road, -- Twelve (12) poles. side, northeasterly ly 100' northeast of side, northwesterly ly 145' northwest of side, southwesterly from 20' southwest of Woodcliffe side, northeasterly from 105' northeast of Woodcliffe , southeasterly southeast of , southwesterly southwest of 1 239 The _Chairman read a letter from the Burlington Water Commissioners requesting permission to supply Burlington water to Fred Larson of Muller Road, Burlington. The water Board had no objection and the request was approved. Letter was received from Mr. Alfred P. Tropeano with regard to street lighting on Waltham Street, par- ticularly in front of the Professional Building at #114. Mr. Adams suggested that this matter be taken up at Budget time, and Mr. James replied if the Board waited until Town Meeting for approval, it would be a year from September before they would be put in. The Chairman suggested that Mr. Carroll get the costs and the Board would discuss it. Mr. James sug- gested that two or three different methods by which they could approach the problem be given at the next regular meeting of the Board. Letter was received from Mr. Henry A. Flynn, 26 Bird Hill Road, relative to the traffic condition on Fern Street. Traffic on Mr. Carroll reported that the Planning Board is Fern Street working on it now. The Chairman advised that this has been referred to the Planning Board who is giving it every consideration at the present time. The Chairman read a letter from Miss Winifred Holman, Genealogist, 275 Concord Avenue, with regard to the excessive speed on Concord Avenue. Mr. Carroll reported that this had been dis- cussed previously, and the Police informed the Board that the road is being patrolled. Letter was read by the Chairman from Mr. A. F. Hinds, 2938 Massachusetts Avenue, requesting information Charge for about the charges for tte ambulance. The policy of the ambulance Town has always been to charge, and it was agreed that an explanation to that effect be sent to him. The Chairman read a letter from Captain Lagasse, USAF, relativeto the WAF Band coming to Cary Hall on September 25. Their office wishes to handle all the WAF Band publicity for this performance, and the Board was unani- mously in favor. The Board is to await further inform- ation. Street lights Waltham St. Speed on Concord Ave. Letter of resignation was received from Floyd J. Taylor, who is reigning from the Historic Districts Commission, effective September 5, 1959. Resignation 240 Resignation Tax title Tax title It was agreed to ask him to extend the date of his resignation until a successor had been appointed. Mr. Maloney agreed to contact him. Letter was received fromMr. James J. Carroll, Town Clerk, stating that he had received the resignation of Dexter A. Smith as a member of the Historic Districts Commission, to be effective August 7, 1959. It was suggested thltDonald Hathaway be contacted by the Chairman. Mr. Hathaway wished to know if he was filling an unexpired term, and Mr. Maloney agreed to con- tact him and straighten this matter out. Letter was received from Flynn & Flynn, 537 Main Street, Waltham, Massachusetts, offering $500.00 per lot, plus the amount of sewer betterment, on Lots 64 through 72 inclusive, Bellflower Street and Hamblen Street. The Board wished to have a map brought in at the next meeting, at which time they would discuss it. Letter was received from Homeland Ratty Inc. in- creasing their offer to purchase tax title lots 234-242 inclusive Freemont Street; 243-258 inclusive Asbury Street; 631-634 Freemont Street to $300. per lot, or a total of $8,700. The Board considered the offer, and upon motion duly made and seconded, it was voted that it was in the best interest of the Town to retain possession of this property. Mr. Carroll retired. Mr. John W. Rycroft, Chief of Police, met with the Board relative to the appointment of two Police Women for the position of School Traffic Patrol to fill vacancies, one at Five Forks and one at Fiske School, which were caused by resignations after the last school year. Chief Rycroft retired. Each applicant was interviewed by the Board privately. They were asked the following questions: Why they wished to be a Police Officer; how long they had resided in Lex- ington; were their children to be taken care of during their duty; did they have a car avaiiibl.e, and what pre- vious experience they had. Chief Rycroft returned and discussed the applicants with the Board. He reported that he did not have any money in the Budget for uniforms, and it will cost about $200 to uniform them. The Board inquired if the Chief had any preference and he replied none whatever. Upon motion duly made and seconded, it was voted to appoint Mrs. Mary A. Bartel, 3 Sunnyknoll Avenue and Mrs. Evelyn M. Silva, 12 Cedar Stret, Police Of- ficers for School Traffic Patrol to become effective in September when school re -opens. The Chief was asked if these were annual ap- pointments and he replied that they were not. If any of the new Officers do not work out, they can be dropped. Mr. Rycroft was asked if he was going to ask for any more, and he replied that he wouldn't know until school opened, and he couldn't tell if he would need more before the year ended. Mr. Harold E. Stevens arrived at the meeting at 8:35 P.M., but retired to attend another meeting. Mr. and Mrs. Dalrymple and Mrs. Laura B. Lufkin of the Lexington Cab Company came to the sleeting relative to their Taxi Stand. They have always had a stand in front of the Depot, and as their place was being torn up, they wanted a place for their cabs. They have six cabs and will have seven. The Chairman said the Board was familiar with their problem, would discuss it and felt they would be able to help them in some way. Mr. Dalrymple said he would appreciate it very much, and they retired. The Board had discussed the matter with the Chief of Police and decided it would be well to have the Taxi Stand, now used by the Minute Man Cab for three cabs, to be increased to four places, and each company would have places for two cabs. Mr. Stevens will look into the matter. 241 School Traf- fic Patrol appointments Taxi Stand Mr. Harold Roeder, Board of Fire Uonmiissioners, and Mr. Arthur Burrell met with the Baird relative to Civil Defense. Outisde Mr. Roeder introduced Mr. Btrrell to the Board, burning and then stated that he would first like to:lmake a report on the notice which waE in the paper in regard to outside burning. The Chairman read the following notice: Outside burning or open air fire in- tluding those in outdoor fireplaces and incinerators are prohibited unless a permit has been obtained on each oc- casion from Fire Department Headquarters on Bedford Street. Permits may be obtained in person, or by telephoning VO 2-0272. Violators will be prosecuted under Chapter 1+8, Section 13 of the General Laws of Massachusetts. George C. ahe ldon Forest Warden Town of Lexington `442 Civil Defense Mr. Roeder reported that over Saturday and Sunday, they had125 requests for burning, and said th='t it had really taken effect. He asked if the Board would be in- terested in the notice going into the water bill envelopes. He was asked about charcloal burners, and said that the law permits the use of those under certain circumstances. Mr. Roeder said that he had reported his conversation with Mr. Burrell to the Board and that Mr. Burrell was willing to take the job as Director of Civil Defense and that he was willing to help him. Mr. Burrell said he would like to know what the Board had in mind. The Chairman said the Board of Selectmen was respons- ible for a Director in the vicinity, and the Town had made some progress. There is a very active group on com- munications. The different departments or heads of de- partments had taken part in Civil Defense, but the Town needs a Director of Operations. There is a Civil Defense Office set up in this building, the room is there, a place to keep records or anything pertaining to Civil Defense. He said the Board wants to make some progress and at least be pre- pared in the event of a hurricane or storm. Mr. ,damn said Mr. Burrell would have the full sup- port of the Board. Mr. Roeder said they would start with the dif- ferent groups and work them into a working group, taking the Police, Fire, etc. Mr. James said that Mr. Purinton would be a great deal of help as he had done considerable research as to what should be done and what could be done, and in all fairness, he does know a great deal about it. He is willing to help anyone who will asstnme the responsibil- ity. The Town is probably less advanced than any other community. Mr. Roeder said they should have organizational charts to see and study what to do if they were going to do it, and Mr. James replied that it was his under- standing th=t any community plan is what it develops itself. Mr. Adams said the Board felt the heads of various subdepartments should be directly tied with the depart- ment heads and they are tied inuwith the town. Mr. Burrell asked if there was any money available. Mr. James replied that there has been for several years, but it has never been spent. There was four or five thousand dollars --what is available he did not know that wasn't earmarked, but Mr. Purinton had all the in- formation. Mr. Roeder felt that the warning signal should be tested once a week, and Mr. James said that had been 1 previously discussed, and that the warning system should be tied into the fire alarm system. Mr. Roeder and Mr. Burrell retired. Mr. Stevens returned to the meeting with Mr. Carroll. Mr. Stevens presented, for the Board's signature, copies of Contract No. 6 for street work, which was awarded to J. A. Vitale, the low bidder, on July 27, 1959. Upon motion duly made and seconded, it was voted to sign contract No. 6, awarded to Jr.. A. Vitale Company. Mr. Carroll reported that S. Rotondi & Sons, Inc. was the low bidder on the contract for drains. They are well qualified to do the work. The contract is for Drain constructing drains from Waltham Street to Clarke Street Construction in the area of the North Branch -Vine Brook. Contract Upon motion duly made and seconded, it was voted to award the contract to S. Rotondi & Sons, Inc., the low bidder. Upon motion duly made and seconded, it was voted to sign the contract to S. Rotondi & Sons, Inc. Mr. Carroll reported on the contract for resurfacing streets. Specifications were prepaped by the engine- ering department. Warren Brothers Roads Company was the low bidder. He reported that Forest Street, Minute Man Lane, Battle Green Road are the streets to be re- surfaced. Inspection will be done by the Town. Upon motion duly made and seconded, it was voted to award the contract to Warren Brothers Roads Company. t!4` Contract No.E Upon motion duly made and seconded, it was voted to sign the contract to Warren Brothers Roads Company for Resurfacing 4300 linear feet of streets in the amount of $7,247.50. Mr. Carroll showed an easement plan on the con- tract awarded to Rotondi & Sons, Inc. Upon motion duly made and seconded, it was voted to sign the Order of Taking for a drain easement shown on plan entitled "Plan of Drain Easements Vine Brook - North Branch from Waltham St. to Clarke St., Lexington, Mass." MIDDLESEX, ss. COMMONWEALTH OF MASSACHUSETTS TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of 244 Lexington held on the 10th day of August, 1959, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, 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 other- wise, and to take by eminent domain, purchase 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 $58,400.00 and to provide for payment by transfer of $28,400.00 from the Excess and Deficiency Account and by raising the balance of $30,000.00 in the current tax levy.", and WHEREAS, the Selectmen have determined that it is neces- sary for the public convenience to construct drains for the purpose of surface and ground water drainage in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen, duly elected and qualified and acting as such, do hereby, under and by virtue of the pro- visions Chapter 263 of the Acts of 1926 and Chapter ?9 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 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 and the right to enclose and cover the existing brook, in, through and under certain strips of land situated in said Lexington and bounded and described as follows: 1. A strip of land having a substantially uniform width of five (5) feet and running from Waltham Street across the southerly ends of lots A and B and of an unnumbered lot to land of the Town of Lexington, said strip of land abutting upon and extending northerly a distance of five (5) feet, measured at right angles, from the center line of the North Branch Vine Brook; 1 1 1 24 2. A strip of land having a substantially uniform width of five (5) feet and running from land of the own of Lexington across the southwesterly end of lot 4 to Forest Court, said strip of land abutting upon and extending northeasterly a dis- tance of five (5) feet, measured at right angles, from the center line of said Brook; and 3. A strip of land having a substantially uniform width of five (5) feet and running from Forest Court across the southwesterly ends of lot 3 and an unnumbered lot to Clarke Street, said strip of land abutting upon and extending north- easterly a distance of five (5) feet, measured at right angles, from the center line of said Brook: said strips of land being as shown and marked "5' Drain Easement" on plan entitled "Plan of Drain Easements Vine Brook - North Branch From Waltham St. To Clarke St. Lex- ington Mass.", dated July 1959, John J. Carroll, 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 strips of land. And we do hereby also so take temporary construction easements for use in constructing the drain now to be in- stalled in the permanent easements hereinabove described in a strip of land having a substantially uniform width of ten (10) feet and situated northerly of and extending along the full length of the permanent easement hereinabove first described,all as shown on said plan and marked 10' Construction Easement", and in two strips of land each having a substantially uniform width of five (5) feet situated northeasterly of and extending along the full length of the second and third permanent easements herein- above described, all as shown and marked "5' Construction Easement" on said plan; and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said strips of land. The temporary construction easements herein taken include the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid drain construction. The construction easements shall termi- nate thirty days after the completion of the drain con- struction, and, in any event, not later than one year from the date of this order. 24 Said rights and easements in the land included within 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 ex- ercise 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 . own 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 rmove]all surplus material and to leave the premises in reasonably as good condition as when the entry was made. Any trees upon the land included within the above described parcels are included within the takd.ng. 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 cor- rectly 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 Philip E.Lewis and Mildred T. Lewis, husband and wife (former owner Marian D.Lewis) A Robert S. Prescott and Mary Louise Rankin Prescott, husband and wife B Ruth M. Cavatorta Unnumbered John J. Morrow, Jr., and Mary A. Morrow LE Amy A. Currier and Daisy L. Hartwell C. Henry Jackson and Elizabeth L. Jackson, husband and wife 3 Unnumbered No betterments are to be assessed for this im provement . And said Board, having considered the question of damages, he rebs. determines that no damages have been sustained and none are awarded. 247 WITNESS our hands at Lexington as aforesaid, this 10th day of August, 1959. /s/ William E. Maloney Raymond W. James Alan G. Adams Gardner C. Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss.. August 10, 1959. Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson and Raymond W. James, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 Mr. Stevens reported on the Relief Sewer and the mat- ter of the change in the method of the Metropolitan Sewer- age System. A discussion was held. Mr. Adams reported that he had talked with Mr. C. T. Morris, Itek Corporation, and asked that he be invited to meet with the Selectmen at the next regular meeting of the Board on August 24 to hear their proposals and plans for the future. The meeting adjourned at 9:50 P.M. A true record, Attest. Acting Clerk, Selectmen. Upon motion duly made and seconded, it was voted to grant the following license: B. David DeLoury, Jr. 6 Middle Street Peddler's 248 Minutes SELECTMEN'S MEETING August 2)1, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 2)1, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. John J. Carroll, Superin- tendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on August 10, 1959, subject to minor corrections and clarification. 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 approval of a j/o guy wire and anchor location on Hudson Road. Mr. Mahon, representing the Boston Edison Company, was the only person present for the hearing. The proposed location was approved by Mr. Carroll. Guy wire and Upon motion duly made and seconded, it was voted anchor to sign the petition and sign the order for the follow- ing guy wire and anchor locaticn: Hudson Road, northeasterly side, from a pole located approximately 25 feet southeast of Spring Street. Mr. Mahon had two men with him who he explained were contractors trying to develop a parcel of land off Douglas Road near the Woburn line, running southerly from East Street. At the present time, thereis a j/o pole directly in the middle of Douglas Road on East Street which hampers the developers in getting a water line installed. He explained that he did not have a petition ready to present to the board, but was asking the Board to advise the telephone company, if agreeable, to relocate the pole as a telephone project and the Boston Edison Company will in due time present its proposition. He said he was asking the Board for a vote of confidence so that the pole can be relocated, and presented a blue- print indicating the pole involved. The Board had no objection. Mr. Mahon and the two gentlemen retired at 7:40 P.M. tri 249 Mr. Carroll referred to a discussion held relative to abandonment of the railroad crossing at Westview Street Westview and reported that it was the original intention of the State Street Department of Public Works to abandon it, but steps have Railroad been taken to make sure it is not abandoned and he said it Crossing will continue to be a through way. Mr. Carroll said that about two months ago, he asked approval for the installation of a water main in Massachu- setts Avenue from Bonair Street to provide water to a house owned by Mr. Clark. He had requested the instal- lation due to the fact that the Health Sanitarian was in difficulty because he had approved a cesspool near Mr. Water Clark's well. The Water Order was prepared and executed Order by the Board, but he held up on recording it because he was not certain that Mr. Clark would pay for the instal- lation, as he never paid for the water service charge of f1.e. He advised that he heard the problem had been cor- rected and received a le' ter from Mr. Lurvey to the ef- fect that the original problem no longer exists. Upon motion duly made and seconded, it was voted to rescind the vote of the Board to construct a water main in Massachusetts Avenue from Bonair Avenue a distance of 150' ± southwesterly. Recommendations for lighting Waltham Street were re- ceived from Mr. Carroll, and he said if the Board desires to go ahead with the project, he would recommend item E in the recommendations. Mrs.Morey said she was opposed as she does not like mercury vapor lights and she felt the Board should wait until it has been determined whether or not it likes the Waltham St. lights on Bedford Street. She said some lights satisfy lighting requirements as well as others. Mr. Carroll explained that there is no other type lighting except incandescent which are much more expen- sive to operate and are practically obsolete. He said the largest incandescent lamp is 1,000 lumen and is much more expensive to operate than the mercury vapor. Mr. Ferguson asked how many lights would be going beyond Forest Street and Mr. Carroll replied that the last one would be at Forest Street. Mr. Ferguson asked if the Boston Edison Company recommended as many as seven lights and Mr. Carroll replied that there are seven lights there now and the company recommends nine. Mr. Adams asked when the lights would be installed on Bedford Street and Mr. Carroll replied that it would be the end of the year. Mr. Adams asked if the Waltham Street lights would 250 be installed at the same time as the Bedford Street lights and Mr. Carroll replied that it is up to the Board to de - Mr. Adams said he thought sooner or later something would have to be done about lighting Waltham Street. Mr. Ferguson said Waltham Street would be seven times as bright as it is now, and Mr. Carroll explained that this was done in Depot Square. There were 8,000 lumen before and they were increased ten times. Mrs. Morey asked if the Board had to go from 800 lumen to 11,000 lumen. Mr. Carroll said he was not particularly in favor of doing Waltham Street and not doing the other streets in the Center. He suggested going over the recommendations made bS the Boston Edison Company and including an item in the budget. He said if the Board agrees to have this type of light, the Center should be done all at one time. Mrs. Morey said that Clarke Street has incandescent and it is good. Mr. Carroll explained that Clarke Street is an entirely different type of street. Mr. Adams suggested trying mercury vapor on Bedford Street and including an item in the budget for Waltham Street. Mrs. Morey explained that if these lights are in- stalled on Waltham Street, the merchants will immediately want them in the Center. She suggested that the Board adopt a policy whereby Cl and C2 areas be illuminated with this type of lighting. Mr. James said that, regardless of what the plan will be, the Board has only two choices; big incandescent which will not do the job or mercury vapor. He said there is no question but that the Board should have the mercury vapor installed, and whatever the plan is, mercury vapor will be installed on Waltham Street. Mrs. Morey said that the question is, is a change needed. She said that perhaps more lights are needed on Waltham Street. M. Carroll explained that the lights are now as close as they can be located. Mr. Ferguson said he would like to see the Center and Waltham Street doneat the same time, as he was not in favor of going from a brightly lii3hted Waltham Street to a dimly lighted Center. The Chairman said he Nought the Center should be better illuminated but the lights are not twenty-five years old and any change to those lights would be more costly. Mr. Adams said that he agreed with Mr. Ferguson. It was agreed to defer action on liehting Waltham Street and consider it as a 1960 budget item; Mr. Carroll to bring in an estimate of the cost to install Mercury vapor lights in the Center down to the Post Office. The Chairman read a letter from Mr. Stephen Rus- sian, advising that he has been engaged as attorney for Mr. and Mrs. Daniel J. Fink to recover damages sustained by them as a result of sewer easements and temporary construction easements taken by the Tcw n through lot 17, Peacock Farm Road. It was agreed to refer the letter to Town Counsel. The Chairman read a letter from Mr. S. E. Abbott, 2678 Massachusetts Avenue, citing examples of indif- ference on the part of town officials. It was obvious that Mr. Abott was misinformed or confused on several items, and it was agreed to acknowledge his letter and endeavor to clarify the matter. The Chairman read a letter from Mr. Richard M. Purinton advising th't he will complete the preparation of the radio equipment request for Civil Defense and also help as needed in the completion of the Town Civil Defense Plan. Upon motion duly made and seconded, it was voted to appoint Mr. Arthur Burrell, 102 Gleason Road, Director of Civil Defense for an unexpired term ending March 31, 1960. Upon motion duly made and seconded, it was voted to sign an application for Certificate of Incorporation filed by Mr. Paul F. Bowser, 171 Grant Street, satis- factory character reference having been received from the Chief of Police. Mr. Morris, a representative of Itek, met with the Board and said that his company is of the opinion that there are questions in the minds of the Select- men, and in the minds of the people of Lexington, as to what its plans are. He explained that they started off, a year or so ago, talking 100,000 square feet of space. The plans proceeded 'gut had to be revised as the company+s growth increased. They hoped to start building in June or July and did not want to start later than July because of the weather. Furthermore, they were very conscious of the steel situation. As their requirements increased, they found themselves no longer talking 100,000 square feet hut 150,000 square feet. With the added requirements he1new he could not get the steel and if he went into detail design, he could not start until July. Therefore, it was decided to change and they concentrated entirely 251 Claims for damages Complaint Civil Defanse Cert. of Inc. Itek 252 on the architect with a schedule that would complete all of the design by December 15th, go out to bid in December, award the contract in January and start construction as soon as the weather would permit. Instead of talking about a completion in April or May, they are now talking about a completion in September. This will give the com- pany an opportunity to obtain a firmer bid. He explained that a bid taken in December and January is often a better bid than can be obtained in June. He reported that the development of the site plan has been continued and he would show the Board what is being considered which will eventually be about 355,000 square feet. Messrs. Morris and Carroll retired at 8:35 P.M. Upon motion duly made and seconded, it was voted License to renew James P. C onnell's Guide License for a period of one year expiring August 211, 1960. It was agreed to invite all the guides to meet in the Selectmen's Room on Tuesday afternoon, September 8, for the purpose of making a study of the guide's pro- gram for 1960. Letter was received from Representative Thomas P. U'Neill,Jr., together with a copy of the legislation National providing for the establishment of a Minute Man National Park Historical Park and a copy of the Committee Report. The Chairman read a letter from the Metropolitan Planning Conference, 689 Massachusetts Avenue, Cambridge, inviting the Board to appoint a -representative to the Conference. Mr. Ferguson said he would like more definite in- formation on the subject before making an appointment, and Mr. James said he could obtain information and would report back to the Board. It was agree to acknowledge the letter ftnd ad- vise the Chairman of the time and place of the confer- ence, a mem')er of the Board would attend. Parking Mr. Adams said that parking in the center is be- coming worse and there is no enforcement of the law. He said it seemed to him that, even without the law, something can be done to alleviate the parking situation. The Chairman reported that he spoke to the Chief and he agreed to send out some letters to those individuals who park all day in the municipal parking area and also have an officer check it. Mr. Adams said he thought the railroad station lot is the answer. The Chairman reported that the location was refer- red to the Planning Board and that "oard is working on it. *of the Conference that if he would inform the Board CC on1 The Chairman reported th-.t he talked to Mr. Stevens who advised him that the Selectmen can control the taxi stand. Upon motion duly made and seconded, it was voted to increase the present stand by one car and allow each company to keep two cars on the stand at any one time. The Chairman also reported that after he found out it was within the Board's jurisdiction, he called Mr. Durkin of the Minute Man Cab Company and told him what the Board was planning to do and he was very receptive to the arrangement. Mr. Ferguson mentioned thet the No Parking signs have been removed from. Park Drive and it was agreed to Signs find out why they have been taken down. 25:3 Taxi Stand The Board discussed Worthen Road, to write the Planning Board requesting the subject so that the board may have appropriation to be requested for 1960 included in the appropriation. It was agreed to ask Mr. Carroll to report at the next meeting on what the policy is for taking care of recreation areas at the schools. It was also agreed to obtain a co:y of a letter from the Recreation Com- mittee relative to the control of the school play areas. and it was agreed information on some idea of the and what will be The Chairman reported Moreland Avenue which abuts ing to co-operate with the any tax title land in that garden because he needs the Mr. Luongo would co-operate that area. The Chairman told Mr. Board would be willing to c look into the matter. that Mr. Luongo owns land on Buckman Drive. He is will - own but wonders if there is area that he can use for his income. Mr. Snow said that but he wants some land in Snow that he was sure the o -operate and asked him to Upon motion duly made and seconded, it was to hold the next regular meeting of the Board September 8, 1959, at 7:30 P.M. The meeting adjourned at 10:05 P.M. A true record, Attest: voted on Tuesday, Worthen Road Recreation areas Luongo '254 SELECTMEN'S MEETING September 8, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, September 8, 1959, at 7:30 P.M. Messrs. James and Ferguson and Mrs. Morey were present. The Executive Clerk was also present. Messrs. Maloney. and Adams arrived at the meeting at 8:05 P.M. Upon motion duly made and seconded, Mr. James was elected Lhairman until Mr. Maloney arrived at the meeting. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on August 2L, 1959. Mr. James J. Carroll, Town Clerk, met with the Juror Board for the drawing of one juror. Mr. Charles D. Paton, 21 Fiske Road, was drawn for jury duty. Mr. Carroll stated that the Town Treasurer of Watertown is Chairman of the Multiple Sclerosis Drive and has appointed Treasurers of the surrounding comw munities as his committee. Permission was asked to Collection place a collection box in the Lexington Town Office box Building, which was done, and Mr. Carroll agreed to take the subject up with the Selectmen. The Chairman asked if Mr. Carroll would mind if the box were removed, and he replied in the negative. Mr. Carroll retired at 7:35 P.M. Later in the meeting, when all members were pre- sent, location of the box was unanimously opposed, the Board being of the opinion that an undesirable pre- cedent would be established. However, if the Committee would like to place a small container on the counter in the Selectmen's Office, there would be objection. Mr.Stevens, Town 'ounsel, and Mr. John J. Carroll, Superintendent of Public Works, met with the Board at 7:35 P.M. The Chairman read a letter from the Board of As- sessors relative to betterment assessments upon which payments have been deferred as provided for by Chapter 159 of the Acts of 1950, together with a list of those on which the three-year extension period had expired. According to the letter, two parcels of land have been sold by the original owner and therefore the better- ment is due in its entirety. Mr. Stevens asked to have a copy of the communi- cation sent to him. Mr. Stevens reported that he had an Order of Taking for taking alope easements on North Hancock Street for the purpose of constructing the street. He explained that it would be necessary to erect walls for the slop- ing of the street. Mr. Carroll presented a plan of the proposed tak- ing and explained that the property owners have all been approached. Upon motion duly made an::' seconded, it was voted to sign the Order of Taking of slope easements on North Hancock Street in the following form: COMMONWEALTH OF MASSACHUSETTS 255 Deferred betterment assessment Taking for slope easements Middlesex, ss. Town of Lexington At to meeting of the Board of Selectmen of the Town of Lexington held on the eighth day of September, 1959, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, it was duly "VOTED: That the sum of $36,x:00.00 be appropriated for permanent construction of North Hancock Street and part of Winchester Drive and that payment be provided by the transfer of $13,651.29 from funds received from the State under Chapter 718 of the Acts of 1956, and the balance of $22,8L8.71 to be railed in the current tax levy", and WHFR'?AS the necessary in the a public way in in certain land described. Selectmen have determined that it is construction of said North Hancock Street, said Lexington, to acquire slope easements abutting on said way that is hereinafter 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 79 and of Section 256 32B of Chapter 82 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 enabl- ing, take in the name and on behalf of said Town of Lex- ington the perpetual rights and easements to enter upon, remove, deposit, slope, bank and maintain upon the parcels of land hereinafter described situated on North Hancock Street in Lexington whatever material, filling or support may be deemed necessary for the construction and maintenance of said North Hancock Street; said parcels of land being bounded and described as follows: Parcel 1. A strip of land situated on the southerly side of North Hancock Street, near Bedford Street, said strip commencing 42.84 feet easterly from the easterly point of curvature of the curve forming the intersection of Bedford Street and North Hancock Street, and having a uniform width of 6 feet and a length along the southerly side line of North Hancock Street of 189 feet, all as shown and marked "Slope Easement" on plan entitled "Plan of Slope Easements North Hancock St. Lexington Mass.", dated June 15, 1959, John J. Carroll, Town Engineer, to be recorded herewith; Parcel 2. A strip of land situated on the southerly side of North Hancock Street, near Ballard Terrace, said strip having a uniform width of 6 feet and a length along the southerly side line of North Hancock Street of 315.19 feet, all as shown and marked "Slope Easement: on the aforesaid plan; Parcel 3. A strip of land situated on the northerly side of North Hancock Street, which strip commences at Linmoor Terrace and extends easterly along and abutting upon the northerly side line of North Hancock Street for a distance along said side line of 141.5.L5 feet, more or less, and with varying widths that at no point exceed 13 feet, more or less, all as shown and marked "Slope Easement" on plan entitled "Plan of Slope Easement North Hancock St. Lexington Mass.", dated June 14, 1959, John J. Carroll, Town Engineer, to be recorded herewith; and Parcel 4. A small parcel of land situated on the southerly side of North Hancock Street, near Bertwell Road, with a length of 6 feet, more or less, on the southerly side line of North Hancock Street and a uniform width of 6 feet, as shown and marked "Slope Easement" on pl^n entitled "Plan of Slope Easement North Hancock St. Lexington, Mass.", dated June 18, 1959, John J. Carroll, Town Engineer, to be recorded he �-ewith; 071 1 1 and referenced to the aforesaid plans are made and said plans are incorporated herein for complete and detailed descriptions of said parcels of land. Said rights and easements in the above described parcels of land are taken without interference with or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the surface of the premises in reasonably as good con- dition as when the entry was made. The land in which the aforesaid rights and easements are taken is believed to be owned by the following named persons, 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: Lots as shown on Owner aforesaid plans Parcel 1: Robert B. Townsend and Marjorie E. Townsend, husband and wife Unnumbered lot Edward A. Mead and Madeline T. Mead, husband and wife Lot "D" Parcel 2. Catherine F. Stoico Norman L. Foskett and Maria T. Foskett, husband and wife Merlin W. Ennis and Elizabeth Logan Ennis, husband and wife Ralph H. Elvedt and Marion F. Elvedt, husband and wife Parcel 3. Jeanne D. Boeing Ruth Morey Parcel 4. David E. Acker and Marion b. Acker, Y.usband and wife 257 Unnumbered lot Lot 3 Lot 62 Lot 61 and part of Lot 60 Lot J Unnumbered lot Unnumbered lot 258 /s/ 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 eighth day of September, 1959. Alan G. Adams w Ruth Morey /s/ Raymond W. James Gardner C. Ferguson /s/ William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 8, 1959 Then personally appeared the above named William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledged the foregoing instru- ment to be their free act and deed, before me, /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 Mr. Stevens reported that he had an Order of Taking of a drain easement from Webb Street through and along the common boundary of two lots in the rear owned by John Modoono. He explained the problem is that the drain ease- ment the town wants is an easement between Woburn Street and the westerly end of lots 72 and 73 Mr. Modoono owns Drain on Woburn Street. This drain will flow into a brook southerly Easement out to Woburn Street. Mr. Modoono feels that, from the point where the town leaves off to Woburn Street, should be piped at this time. Mr. Stevens did not think it would do any 'farm to leave it open but Mr. Modoono advised that he would not grant the easement. However, he would grant the easement the town is taking now, plus the easement out to Woburn Street for $500. Mr. Stevens said he did not believe there had been any damage done to either lot, and in fact, he thought 1 259 the land was being improved. The Chairman asked about extending the easement to Woburn Street and Mr. Carroll said it would be an improvement. He explained that the piece out to Woburn Street is a long narrow lot and that is where Emerson Road is going out and eventually the Town will need to pipe this. Mr. Snow wants to get an option on that property. He explained that Mr. Modoono definitely wants to be paid. Mr. Ferguson inquired as to how necessary this drain is and Mr. Carroll explained that Webb Street is being constructed and there is no question but the drain is needed. Mr. Ferguson asked if there was any other alterna- tive and Mr. Carroll replied that the Town could make a taking. Mr. Ferguson asked if there was any other alternative as to where the drain could be located, and Mr. Carroll replied in the negative. He explained that Webb Street goes up sharply and there would be a twenty -foot cut, and it would he out of the question economically. The Chairman said, as he understood it, Mr. Modoono does not object to the drain or drain easement but he just wants to be paid. Mr. Ferguson asked how much it would cost to pipe it. Mr. Carroll said the Town could make the taking when needed and not pay any money because he did not think there was any damage. Mr. Stevens said that Mr. Carroll should have pictures of the area taken and he explained that he al- ready has pictures. The Chairman asked if Mr. Modoono would agree to the easement :if the drain were piped and. Mr. Carroll replied in the negative. He said he discussed to sub- ject with Mr. Modoono at length and he kept saying that he felt it was worth something and'wanted some money for the damage. Mr. Stevens explained that the drain is needed for the construction of the street anddoes not allow any more time. Mr. Carroll explained that if the Board makes a taking it does not eliminate a settlement with Mr. Modoono at a later date. Upon motion duly made and seconded, it was voted to sign the Order of Taking for a drain easement in the following form: 2430 C ONFONW',ALTH OF MASSACHUSETTS MIDDLESEX, TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 8th day of September, 1959, it is ORDERED: Vhereas at and he lcij March 2, 1959, thereof] held on March 16, visions 'of law applicable a Town Meeting duly called, warned namely at an adjourned session 1959, in accordance with the pro - 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 other- wise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other ihterest in land neces- sary therefor, and to appropriate for such installation and land acquisition the sum of $58,400.00 and to provide for payment by transfer of $28,400.00 from the Excess and De- ficiency Account and by raising the balance of $30,000.00 in the current tax levy.", and WHER'AS, 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 land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen, duly elected and qualified and acting as such, do hereby, under and by virtue of the pro- visions of Chapter 263 of the Acts of 1926 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way 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 covered surface water and ground water drain or drains, with anx manholes, pipes, culverts and other appurtenances, and t27111 11 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 having a uniform width of 10 feet and running westerly from Webb Street to the westerly boundaries of lots 72 and 73 on plan hereinafter mentioned, said strip of land extending for a 2G1 uniform width of G feet on each side of the common boundary of said lots 72 and 73, all as shown and marked "10' Drain Easement" on plan entitled "Plan of Drain Ease- ment on Lots 72-73 Webb St. Lexington, Mass.", dated Au:;ust 11, 1959, John J. Ca °roll, 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 strip of land. And we do hereby also so take temporary construction easerrents for use in constructing the drain now to be in- stalled in the permanent easement hereinabove described in two strips of land, each having a uniform width of 20 feet and abutting upon the full lengths of the northerly and southerly boundaries of said permanent easement, all as shown on the aforesaid plan and marked "20' Construction Easement", and reference to said plan is made and said plan is incorporated herein for a complete and detailed description of said strips of land. The temporary constructioneasements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the afore- said drain construction. The construction easements shall terminate thirty days after the completion of the drain construct -Jon, and, in any event, not later than one year from the date of this order. Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the rights of the respective owners of the land, except so .r 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 as good condition as when the entry was made. Any trees upon the land included within the above described easements are included within the taking. 262 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 cor- rectly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Lots as shown on Owner aforesaid plans John Modoono Lots 72 and 73 No betterments are to be assessed for this improvement. And said Boarc, having considered the question of dam- ages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, the 8th day of September, 1959. /s/ Ruth Morey /s/ Raymond W. James Alan G. Adams Gardner C. Ferguson /s/William E. Maloney Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 8, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of theduly elected, qualified and acting Selectmen of the Town of Lexington, and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 1 1 2G3 Mr. Stevens referred to the pedestrian way from Essex Street to Valley Road and explained that the railroad filed a petition with the County Commissioners to abandon the existing crossing over what had been Old Pedestrian Valley Road. The Town filed a petition for leave to crossing lay out this town foot way across the track at grade. A hearing was held before the Town Meeting, earlier in the spring, and the County Commissioners voted at the hearing to grant both petitions. The first would be the abandonment and other would be the new layout. The railroad had no objection to the laying out of the pedestrian way. The next procedure was for them to draw up the order. The County Commissioners have never had the order written up and the difficulty is that as they looked into it, they could find no statutory authority to approve an abandonment of a railroad crossing and felt this might establish a precedent. It is now at an impasse. Mr. Stevens has talked to the County Commissioners and representatives of the railroad and he believes that the Town can accomplish what it wants to by a new petition asking for the alteration of the crossing at Valley Road. One of the Commissioners said that this form is a7%i_right and the railroad representative said it would be satis- factory. Upon motion duly made and seconded, it was voted to sign a petition for alteration of crossing at Valley Road in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Before the County Commissioner: PETITION FOR ALTERATION OF CROSSING VALLEY ROAD, LT:XIJGTON Respectfully represents your petitioner, the Board of Selectmen of the Town of LexingtDn in said County of Middle- sex, as follows: 1. That pursuant to order of the County Commissioners adopted on January 7, 1873,the Lexington Branch Of the Boston & Maine Railroad crosses at grade a way in the said Town of Lexington, formerly known as Hammon Reed Road and subsequently known as Valley Road, which road is open to the public and which crossing was established as a public crossing for the passage of vehicles and pedestrian traffic. 2. That subsequently the Town of Lexington duly es- tablished a town footway from Essex Stre t to Valley Road, which footway crosses said Lexington Branch within thelimits of the aforesaid crossing and is shown on plan hereinafter mentioned. 264 Claim settled 3. That the petitioner deems it necessary for the convenience of the public that said crossing be altered by reducing the crossing to the width and location shown on plan entitled "Plan of Footway from Valley Rd. to Essex St. Lexington, Mass." dated January 8, 1959, drawn by Richard J. Gayer, Town Engineer, a copy of which is annexed hereto, and by limiting the use of the crossing to ped- estrian traffic. WHFR'FOEE your petitioner prays that in accordance with the provisions of section 59 of Chapter 159 of the of the General Laws, as amended, this Honorable Commission alter the aforesaid crossing as set forth above. September 8, 1959 /s/ Ruth Morey Raymond W. Jame s Gardner C. Ferguson Alan G. Adams William E. Maloney Board of Selectmen of the Town of Lexington The Chairman read a letter from the State Depart- ment of Public Works advising that the Commissioners had voted to settle for $250 the claim for damages re- sulting from the laying out and construction of a State highway in the Town of Lexington. Mr. Stevens explained that this is for the taking of a corner of the Westview Cemetery property and he will call Miss McMorrow to find out what the next step is and how to obtain the money. Notice was received from the State Dep^rtment of Public Utilities relative to a petition of the Boston Edison Company for approval of the issue of additional shares of co=on stock. No action was taken on the • subject. Mr. Richard F. Herzog, 34 Whipple Road, came into the Selectmen's office to inquire about purcnasing a small strip of land, now owned by the town, adjacent to his property. Mr. Stevens explained that there are two lots up in Sun Valley that were sold by Mr. DeVries to the individuals who purchased the regular lots on the street. Mr. Herzog wanted to acquire a strip that would be 1 265 between his lot and an adjoining lot ownedby private individuals. He said the Planning Board is studying the problem and will make a recommendation as to how much of the Herzog rear land the Town should acquire Strip of either by negotiating or by taking. He said he thought land in everything should be held in abeyance until a report Sun Valley is received from the Plannin,r Board and said he would suggest to the Board that they contact Mr. Herzog. Memorandum of Agreement was received from the State Department of Public Works for the maintenance of certain roads under the provisions of Chapter 90. Chapter 90 Upon motion duly made and seconded, it was voted to sign the agreements and return them to the State for signature of the Commissioners. The Chairman read a letter from the Middlesex County Commissioners advising that a meeting will be held on Wednesday, September 16, at 10 A.M. at the Commissioners' office, Superior Court House, East Cambridge, for discussion of matters pertaining to public roads. Mr. Carroll reported that he has talked to the Chapter 90 people and for the amount of money avail- able this year, Concord Avenue cannot be done to Wal- Chapter 90 them Street. There will be a distance of 850 feet from Waltham Street not finished. They designed the road and claimed that an additional 15,000 will be needed to go the rest of the way. He explained that whether the road is built this year or not, an ad- ditional 15,000 will be needed for next year for the completion of Concord Avenue to Waltham Street. He said the balance of the m• ney requested under Chapter 90 should be used for the construction of the inter- section of Winchester Drive, Lowell Street and Maple Street. He said any remaining funds should be used for paving Winchester Drive. He said it should be hot topped because Johnson Road in Winchester is go- ing to be hot topped. The Chairman suggested constructing the area at Winchester Drive, Maple and Lowell Streets and hot topping Winchester Drive as far as the remaining funds would take it. Mrs. Morey referred back to Concord Avenue and said that she did not like to see all but 850 feet done, the project stopped and then picked up again. Mr. Carroll said thet he would prefer to wait until next year and explained that the money could be held over. 266 It was agreed that Mr. Carroll shoold explain at the meeting on Chapter 90 that the Board prefers to wait until spring at which time Concord Avenue can be completed. The Chairman read a letter from Mr. William T. Welsh, 11 Childs Road, relative to protection for children go- ing to the Hancock School from the Robinson Hill area. The Chairman asked about painting crosswalks and Mr. Carroll said he could have them painted but he thought the Chief would object as he has the problem of assign- ing someone for, traffic duty. Mass. Ave. & Mrs. Morey said that a study had been made of this Worthen Rd. intersection a couple of years ago and at the time, Mr. intersection Gayer was opposed to it because of snow removal. She said that when cars are channeled around°traffic islands, they are slowed. Mr. Carooll said he did not think the island should be built until Worthen Road goes through. He suggested discussing the subject with the Chief and then painting crosswalks. Mr. Adams suggested referring the subject to the Traffic Study Committee, and Mr. Ferguson asked what the Committee would do. Mrs. Morey saidshe would like Mr. Carroll to lo- cate the study that was made of the intersection and what was recommended at that time. Mr. Adams suggested that the Traffic Committee recommend something to be put into effect right away and also something for the future. Mrs. Morey sugr:ested painting the lines for cross- ing and then see if the Traffic Committee could make some suggestions. Mr. Carroll asked if he was to ptiint the cross walks without waiting for a meeting of the Traffic Study Committee. Mr. Adams recommended painting the cross walks now and then hive the subject referred to the Traffic Study Committee for further recommendations. Mr. Ferguson said he did not think painting lines would help very much and asked what determined whether an officer was to be assigned to duty at a cross walk. Mrs. Morey explained that the Chief has counts made as to the number of children using the cross walk, and the amount of traffic. Mr. James asked if the lines would be required regardless of what was worked out and Mr. Carroll re- plied in the affirmative. It was agreed to paint cross walks across Worthen Road and across Massachusetts Avenue to Forest Street and to refer the subject to the Traffic Study Committee for further recommendations. 1 1 The Chairman read a letter from Mary M. Cox rela- tive to extension of a water main to service her: pro- perty at 2965 Massachusetts Avenue. Mr. Carroll reported that Miss Cox had been in to see him and there is a possibility that the pro- perty could be connected without a long service and he would have more definite information for the next meeting. Water 267 The Chairman read a letter from Robert Townsend, 265 Bedford Street, relative to the use of his property for public parking by patrons of the Manor Stores. Mrs. Morey said she thought parkinr was to be limited to one side of the street after North Hancock Street had been constructed and sidewalks built. Parking Mr. Carroll said that if a sidewalk is built and complaint there is a grass plot, people will park on the grass. He explained th^t there are no plans for curbing and he suggested carrying it up to and beyond Mr. Townsend's property. He said he thought curbing would eliminate his problem. It was agreed that curbing should be installed but there was some difference of opinion as to whether or not Mr. Townsend should be advised that curbing is to be installed, with the result th t he was to be told every consideration would be given to his problem with the reconstruction of North Hancock Street. The Chairman read a letter from Fred B. Dole, Acting Commissioner, State Department of Public Works, advising that plans for the widening of Route 128 at Bedford Street are now advanced to the stage where they Route 128 are available for the Board's review. A meeting may be widening made through the office of the Chief Engineer. Mr. Carroll agreed to arrange a meeting for the members of the Board to view the plans. Telephone call was received from Mrs. Korn, 2L Blueberry Lane asking to have the cliff at the corner of Winchester Drive ano. Lowell Street knocked down so there would be a grass plot for the children to walk on. Sidewalks The Chairman read a letter from Mr. Spiris to Mrs. Korn stating thFt he had again looked at the Winchester Drive -Lowell Street area and could not see any reason for declaring this an emergency area. The children have a sidewalk to use from Winchester Drive to the policewoman stationed on Lowell Street. In addition, Lowell Street is well marked with school and traffic signs. 268 Fence Worthen Rd. Proclamation Policy re school play- grounds and driveways The Chairman reported that he went over to the area today and noticed the bank is high, but he agreed with Mr. Spiris and did not think this was an emergency area. Mrs. Morey said the engineering work on sidewalks should be done for a Fall Town Meeting. Mr. Carroll said he was not in favor of sidewalk projects at Fall Meetings, but if the Board agreed to have sidewalks in the area before the next school year, he would have them built. It was agreed to advise Mrs. Korn that the Chapter 90 recommendation for 1960 projects, in.which the County and State participate, will include this particular area. The Chairman read a letter from Mrs. R. Swenson, 18 Fairlawn Lane, asking to have the Fence Viewers look at a fence at the corner of Fiske Road and Fairlawn Lane, which she feels is a hazard. The Chairman reported that he had looked at the fence whch is approximately forty feet from the corner. It was agreed to refer the complaint to the Fence Viewers. The Chairman read a letter from the Planning Board relative to Worthen Road.. Mr. Carroll said that there is no reason why the location of the road cannot be moved one way or another, but the Planning Board may feel that there is a land use problem. It was agreed to invite the Planning Board to meet with the Selectmen next week to go over the subject again in regard to land use. The Chairman read a letter from Mrs. Arthur G. Bernier, Regent, Lexington Chapter D.A.R., together with suggested proclamation for the observance of Constitution Week, September 17-23. The proclamation was signed for publication in the Lexington Minute -man. Mr. Carroll presented each member of tte Board with copies of proposed policy for the maintenance of playgrounds and driveways surrounding school buildings. Mr. Adams stated that he thought it was a very clear-cut policy and a desirable one. The Chairman asked how the School Department felt about it and Mr. Carroll replied that he did not know. He said he felt the necessary funds should be included in the school budget. Mr. Adams suggested, and the Board agreed, that inasmuch as this is a major policy, the Board should 0.1 Pv 1 have an opportunity to study it and a copy should be sent to Mr. Medill Bair. After Mr. Bair and the School Committee have studied the recommendations, a meeting is to be arranged for them to meet with the Board for a general discussion of the subject and to receive their reaction. Certificate of Incorporation, on behalf of Herbert Kassman, 5 Stonewall Road, was signed, satisfactory character reverence having been received from the Chief of Police. Mr. Carroll reported that he had a conversation with Mr. Morris of Itek and is trying to get Itek to decide where the water main is to be located. He pre- sented a plan and explained the proposed location. Itek hopes to acquire the Linnehan property and intends to construct an eight or ten inch main in preference to tying into the six inch main. Mr. Morris wanted to know if the Town would participate in the cost of this main. Mr. Carroll advised him that this was mDrely a service to the building because the town would derive no benefit. Mr. Morris felt that the Town might want to run the main up Maguire Road but Mr. Carroll felt that there will be no need for it on Maguire Road be- cause Itek owns all th^,t property. The Chairman questioned how the Town could be in- volved in private property and it was agreed that the Town should not share any part of the cost of the pro- posed water main, Mr. Carroll to so advise Itek. Mr. Carroll retired at 9:45 P.M. The Chairman read a letter from Chief Rycroft advising that he plans to leave on his annual va- cation September 19 and will be away for about three weeks. Upon motion duly made and seconded, it was voted to appoint Lieutenant James F. Corr as Acting Chief during the period of time Chief Rycroft is on his vacation. 29 Cert.of Inc. Police Chief Letter was received from Governor Foster Furcolo relative to a conference on Youth Fitness to be held Youth September 25, 1959 at Sargent College, Boston Uni- Conference versity, from 9:00 A.M. until 12:30 P.M. Letter was received from Richard D. Hamilton, 14 Harbell Street, submitting another bid of X18,000 for lots 243-258 Asbury Street and lots 234-242 on Free- mont Street. 270 Tax title Resignation Licenses It was agreed to advise Mr. Hamilton that the Board does not desire to dispose of this property, it being of the opinion that it is in the best interest of the Town to retain ownership. Letter from Carl F. Sweeney, 49 Blossomcrest Road, commending thy: Police Department, was noted and placed on file, a copy to be sent to Chief Rycroft. Letter was received from Mr. Bertram P. Gustin, resigning as a member of the Town Celebrations Committee. It was agreed to invite Mr. Gustin to meet with the Board next week to discuss the vacancy and also advise him that his resignation should be submitted to the Town Clerk. Upon motion duly made and seconded, it was voted to grant the following licenses: Lexington Theatre It tt Brigham's Inc. Anthony Ferreira 179L Mass. Avenue It n 1780 Mass. Avenue 249 Marre tt Road Upon motion duly made and seconded, Sewer Order to sign an Order for the installation of Street in the following form: Middlesex, Theatre License (renewal) Sunday Movies Sunday Sales Peddler it was voted sewer on Lowell COMMONWEALTH OF MASSACHUSETTS ss. ORDER FOR C ONSTRUCTION OF SEWER LOWELL STREET Town of From a point on Lowell Street 90' ± northerly of the Arlington -Lexington Town Line a distance of 64' ± north- erly Lexington The Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners and acting in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of eve -y other power and authority them thereto enabling, at a meeting duly held this eighth day of September 1959, has laid out and voted to construct a common sewer in Lowell Street, a public way in said Town, from a point on Lowell Street 90' - northerly of the Arlington -Lexington Town Line a distance of 64' northerly as more fully shown on a plan entitled "Plan of Proposed Suer in Lowell St. n 1 1 271 Lexington Mass Scale 1" = LO' June 22, 1959 John J. C Carroll, Town En ;ineer", abutting the premises thereon designated as Lots 5 and A on the Assessors' plans and does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Lowell St. Lexington Mass. Scale 1" = 40' June 22, 1959 John J. Carroll Town Engineer" is to be recorded here- with all in compliancevk41he vote taken at the Ad- journed Town Meeting hel 4L'�, 1959 as follows: "VOTED: That the Selectmen be and they hereby are authorized to instal.rWas, subject to the assessment 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, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation anc: land acquisition the sum of >159,300.00 ana thot payment be provided by the trans- fer of $44,956.00 from the Sewer Assessment Fund, the transfer of 14,065.83 from the unexpended balance of the appropriation for the installation of sewer mains voted under Article 12 of the Warrant for the 1955 Annual Town Meeting, the transfer of $50,278.17 from the Excess and Deficiency Account and the balance of $50,000.00 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 $50,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter )t'i of the Gen- eral Laws, as amended, within a period not exceeding twenty years." Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws and Chapter 221 of the Acts of 1926. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of John J. Carroll, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. And it is further ordered that a copy of this order, attested by the Clerk of the Board, be filed for record 272 Tax title in the Registry of Deeds for the Southern District of said County, as a statement of our action in the premises in compliance with the provisions of Section 27 of Chapter 83 of the General Laws. IN WITNESS WHEf30F the undersigned being a majority of the Board of Selectmen aforesaid have hereunto sub- scribed our names this eighth day of September, 1959. Attest: /s/Hazel J. Murray Executive Clerk, Selectmen Owner /s/ Ruth Morey Alan G. Adams Gardner C. Ferguson Raymond W. James SCHbDULE OF ESTIMATED BET' 1.i.RMENTS REFERRED TO IN THE FOREGOING ORDER 1 Se le c tme n of :Lexington Lots as shown on the Plan referred Estimated to in said order Area Assessment Book Page William J. & Christina M. Mackey 5 5010 222.00 6811 5L9 Theodore J. & May D. Boebel A Previously 6753 463 Assessed Upon motion duly made and secondees, it was voted to sign a deed, prepared by Town Counsel, conveying lot 8 James Street to Reginald A. Wood. Further consideration was given to replacement of Rev. Floyd Taylor and Mr. Dexter Smith on the Historic Districts Commission. The following names Were submitted: Mr. Charles D. Sullivan, 64 Marrett Road, Mr. Edward T. M<rtin, 13 Sherburne Road and Mr. Donald E. Legro, 8L1 Gleason Road. 1 The Chairman agreed to contact them by telephone to determine whether or1not they would be interested in serving on the Committee. It was agreed to ask the Trustees of Cary Memorial Library to submit the names of two candidates so that the vacancy caused by the resignation of Mr. Taylor can be filled. The Chairman read two letters from Mr. James J. Carroll, advising that he needs an additional amount of $500 for the Town Clerk and Town Treasurer's Expenses and $50 to complete foreclosures on sixteen parcels of land. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of 3500 from the Reserve Fund to the Town Clerk and Town Treasurer's Expenses Account and $50 from the Re- serve Fund to the t''oreclosure of Tax Title Account. The meeting adjourned at 10:20 P.M. A true record, Attest: Y / ive lerkkSe1ectm 273 Historic Districts candidates 274 SELHCTMBN'8 MEETING September 14, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 14, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James arrived at the meeting at 8:15 P.M. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on Tuesday, September 8, 1959. Mr. Bertram P. Gustin met with the Board. The Chairman explained that the Board would like to know if Mr. Gustin had anyone whom he could recom- mend to serve on the Town Celebrations Committee. = Mr. Gustin said he did not know if the Board, in its planning, intended for the Committee to continue. He said there should be a definite plan. At the pre- sent time, there are three, at the maximum, from the military; Mr. Cronin from the Legion, Mr. Bongiorno from the V.F.W. and Mr. Cole who is active in the military on a semi -active status. He said he thought there always should be a member representing the schools, a liaison, and he felt that there should be a representa- tive from a service group. He said it would be nice to have the Historical Society incorporated in the Cele- brations Committee. He said he thought the service group aspect was very important and he felt it should be out of .the Lions Club because there has been strong representa- tion from the Lions Club. He felt that there should be someone from the Rotary Club or the Kiwanis. He mentioned Leonard Foster, Bud Viano and Eugene Sawyer of Lincoln Street. He explained that Mr. Cobb, from the school, is a good member but relatively new and suggested Kingston Howland to replace Mr. Bentley Hutchins. Mr. Gustin retired at 7:55 P.M. Mr. Stevens advised the Baird that he had an order of Taking prepared for execution by the Board for the Order of land the Town authorized the Board to acquire, abutting Taking the Shannon pit. He outlined the land involved on a plan entitled "Itompiled Plan of Land in Lexington, Mass.", dated June 17, 1959, John J. Carroll, Town Engineer. zMN 1 275 Upon motion duly made and seconded, it was voted to sign the Order of Taking subject to sewer and drain easements in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held this 14th day of September, 1959, it is ORDERED: Whereas by a vote of a Town Meeting duly calkd, warned and held on March 2, 1959, namely at an adjourned session thereof held on March 16, 1959, the Selectmen were authorized and empowered on behalf of the Town of Lexington to purchase or take by eminent domain the land hereinafter described for playground or recreational purposes, and an appropriation of money was made for the purpose, as will more fully appear by reference to said vote, an attested copy of which is annexed hereto. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pur- suant to said vote and under and by virtue of the provisions of Section 14 of Chapter 45 and of Chapter 79, both of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee in the name and on behalf of the Town of Lexington for playground or recreational purposes the following parcel of land situated on Adams §treet in Said Lexington, and abutting upon Town land on North Street that was ;acquired for playground or recreational purposes pursuant to vote adopted under Article 13 of the Warrant for the Special Town Meeting held on September 16, 1957, and bounded and described as follows: NORTHWESTERLY NORTHEASTERLY SOUTHEASTERLY NORTHEASTERLY NORTHEASTERLY by Adams Street, 569.20 feet; by land now or formerly of Bennett, 98 feet, more or less; by registered land now or formerly of Mark Moore, Jr., Trustee of Moore Realty Trust, 139.41 feet; again by said registered land, 236.16 feet; again by land of the Town of Lexington, 425.30 feet; 276 NORTHERLY by said land of the Town of Lexington, 625.30 feet; NORTHWESTERLY NORTHEAS'rSRLY SOUTHEASTERLY SOUTHEASTERLY SOUTHERLY SOUTHWESTERLY SOUTHEASTERLY SOUTHEAST to Y NORTHEASTERLY SOUTHEAS'ri u Y SOUTHWESTERLY SOU THWES'ri atLY AND SOUTHERLY again by said land of the Town of Lexington and other land of said Town, by two distances measuring respectively 201.4 feet, more or leas, and 1L0 feet, more or less; again by a State Highway Location, 150 feet, more or less; again by lot S3, as indicated on plan hereinafter mentioned, by two courses measuring respectively 206 feet, more or less, and 117.52 feet; again by lot 41A, as indicated on said plan, 45.79 feet; by lots 40A, 34 and 33, as indicated on said plan, by three distances measuring respectively 212.76 feet; 235.00 feet and 215.00 feet; by lots 26 and 25, as indicated on said plan, by two distances measuring res- pectively 310.00 feet and 90.19 feet; Again by said lot 25, 296.60 feet; again by lots 24,23, 22 and 19, as in- dicated on said plan, and by a projection of the line of said lots across arson Road, as shown on said plan, by five distances measuring respectively 185.00 feet, 230.00 feet, 70.00 feet, 211.25 and 86' feet, more or less; again by said Emerson Road, as indicated on said plan, 482 feet, more or less; again by land now or formerly of Kenrick, 100 feet, more or less; again by lot 6, as indicated on said plan, 49 feet, more or less, and by land now or formerly of Arlex Realty Trust, Inc., 620 feet, more or less; again by said land of Arlex Realty Trust, Inc., by two distances measuring respectively 35 feet, more or less, and 35.90 feet; 1 1 277 NORTHWESTERLY again by lot 14, as indicated on said plan, by a projection of the line of said lot 14 across Emerson Road, as shown on said plan, and by lots 13, 9A and 10, as indicated on said plan, by five distances measur- ing respectively 23.90 feet, 76.21; feet, 271.00 feet, 135.00 feet and 157.00 feet; and SOUTHWESTERLY again by said lot 10, 186.80 feet. Said land is shown on plan entitled "Compiled Plan of Land in Lexington Mass.", dated June 17, 1959, John J. Carroll, Town Engineer, to be recorded herewith. This taking is made subject to sewer and drain easements (Vine Brook C hannell: taken by the Town of Lex- ington by order dated September 20, 1938 and recorded in Middlesex South District Registry of Deeds, Book 6245, Page 241, to flowage easements taken by the Town of Lex- ington by order dated February 13, 1939 and recorded in said Deeds, Book 6279, Page 318; and to transmission line easement taken by Boston Edison Company by instrument dated March 16, 1948 and recorded in said Deeds, Book 724.3, Page 390, so far as not released by said Company by in- strument dated October 2, 1958 and recorded in said Deeds, Book 9258, Page 270. All trees upon said land and structures affixed there- to are included in the taking. We award the damages sustained by the persons in their property by reason of the taking hereby made as follows: To Mark Moore, Jr., Trustee of Moore Realty Trust, of said Lexington, the sum of $1.00. To Todd Realty, Inc., of said Lexington, the sum of $1.00. In so awarding damages we have awarded them to the sup- posed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest $n said land is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us, and in such caseour award is made to the lawful owners thereof. No betterments are to be assessed for the improvement for which this taking is made. WITNESS our hands and seals in said Lexington the day and year first above written. /8/ Raymond W. James /s/ Ruth Morey Alan G. Adams Gardner C. Ferguson William E. Maloney Majority or ma noara of Selectmen 278 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 14, 1959 Then personally appeared the above named William E. Maloney, Alan G. Adams. Gardner C. Ferguson, Raymond W. James and Ruth. Morey, knownto me to be the duly elected, qualified and acting Selectmen of. the Town of Lexington and severally acknowledged the foregoing instrument to be their free act and deed, before me, /s/ Hazel J. Murra Notary Public My commission expires Nov. 21, 1964 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at a Town Meeting duly called, warned and held on the 2nd day of March, 1959, namely at an adjourned session thereof duly held on March 16, 1959, in accordance with the provisions of law applicable thereto, the following vote was duly adopted: "VOTED: That the Selectmenbe and hereby are author- ized to purchase, take by eminent domain or otherwise acquire for playground or recreational purposes any or all of the undeveloped land abutting upon the Town land on North Street acquired for such purposes pur- suant to the vote adopted under Article 13 of the War- rant for the Special Town Meeting held on September 16, 1957, and including land on both sides of Vine Brook southerly to East Street, and to raise and appropriate therefor the sum of $5,500.00." A true copy. Attest: James J. Carroll James J. Carroll, Town Clerk. 1 1 279 Mr. Stevens reported that the water bill the Board discussed before was finally enacted and went to the Governor on September 9. Up to late this afternoon, it Bill had not been signed, but presumably would be signed to- morrow. Mr. Carroll referred to Mrs. Cox's request for ex• tension of a water main to service her property at 2965 Massachusetts Avenue, and presented a sketehof the pro- Cox request party. He explained that the main is 90' away from the for water ehd of Hayward Avenue and 150' away from the C.ox house. Mr. James said he thought the property is part of the National Park. No one lives in the house and it appears to be abandoned. Mr. Adams asked where the water for the house came from originally, and Mr. Carroll replied that there was a well. Mr. Carroll said he did not object to a long ser- vice in this particular instance, but the matter is com- plicated because of the proposed National Park. Mr. James explained that if the Park acquires the land now, this is the first house that would be taken down. Mrs. Morey suggested that Mrs. Cox obtain a release from the National Park Commission: It was the opinion of the Board that the request for extension of the water main should be denied. Mr. Stevens retired at 8:20 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 location, Mr. Carroll having approvdd. East Street, southeasterly side, at Douglas Road, - - One pole. Mr. Carroll retired at 8:25 P.M. Upon motion duly made and seconded, it was voted to sign application for Certificate of Incorporation on behalf of Stewart C. Cairns; satisfactory character reference having been received from the O'hief of Police. The Chairman read a letter from Mns. Casey; Social Worker, requesting approval of an expenditure of $40 Transfer from the income of the Bridge Charitable Fund for Leo and Eva Boynton, formerly of 11 Massachusetts Avenue. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to consider Pole locatiox Cert. of Inc. 280 IBesignation Tax title Budgets the transfer of $40 from the ince of the Bridge Charitable Fund, the Board being in favor. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that he had received Rev. Floyd Taylor's resignation as a member of the Historic Districts Com- mission, effective October 15, 1959. Further consideration was given to an offer of $500 each for lots 69-72 Hamblen Street and lots 64.-68 Bell- flower Street, received from Leon B. Cormier & Sons, Inc., 657 Main Street, Waltham. The Chairman read letters of recommendation from the Planning Board, said lots having been examined by that Board. Mr. Adams said that if Mr. Cormier wants the lots at $500 each, he would be in favor of selling them. Mr. James pointed out that, in the same area, Asbury and Freemont Streets, the Board had consistently refused to sell tax title lots. The Chairman said that this is the best offer the Board has received. Upon motion duly made and seconded it was voted to advise Mr. Cormier that the Board will consider $500 per lot, plus sewer betterments of $506.26 on lots 69-72 Hamblen Street and sewer betterments of $562.50 on lots 64-68 Bellflower Street; subject to the provision that all four lots on Hamblen Street be combined for all time into one residential lot and that all five lots on Bell- flower Street be combined for all time into one resi- dential lot. The Appropriation Committee met with the Board and Mr. Blaisdell stated that since the question of policy, salaries, etc., comes up, the Committee wondered if it would be possible for the Board to think out what it wants so by the fifth of October the Committee could meet and get the sessions started. He asked what could be done about getting the budgets prepared earlier than last year so there will be a meeting of the minds. Mr. James explained that there is a legal limitation with regard to the time each departfent head is to sub- mit a budget and they could take advantage of it if they so choose. Mr. Patterson said that the Committee understood that. The Chairman explained that soma of the department heads will not know how much money they will need un- less they just project figures from their minds. t 1 281 Mr. Blaisdell agreed that was so. He said the C omit tee would like to progress on a more orderly pattern rather than rush the budgets through as just so Budgets many figures. He said the Committee would first have to have something in the form of policy both on salaries and operating for the cnming year. Mr. Patterson said that the two largest budgets are Public Works and School, and the rest are routine. Mr. Adams said it is true there is a policy question on wages now, but the Board could decide on the negative side at least, very soon. The Chairman explained that the Board has not made any decision what it would recommend at this time. There has been some informal discussion, but nothing concrete has been done. Mrs. Morey said that was a difficult date, six months before Town Meeting. The Chairman said he thought there would be much discussion and changes before the budgets were established but the Board could ask the department heads to set up their budgets. Mr. Patterson said that he did not believe anyone was given the consideration last year they should have had, and he did not think the Committee could do the Job it is expected to do in the limited amount of time he witnessed last year. The Chairman assured the Committee that the Select- men would cooperate and make every attempt to have the department heads present their budgets. Mr. Shaughnessey asked how the department heads could present budgets if they do not know the policy on wage s . The Chairman replied that they usually come in with a request for increases based on what they feel should be done. Last year, the Board notified them that it would be concerned only with merit increases or to correct in- equalities, and the department heads submitted their budgets with that in mind. If they come in this year recommending, as an example, 100 increase, the Board would discuss it with them. Mr. Shaughnessey asked if it would be easier for the department heads if the Board laid down what it was going to do on wages. The Chairman stated that they might request less than what the Board has in mind. Mr. Shaughnessey asked if the Selectmen were saying * that tie Committee cannot do much intil after the first of the year. Mrs. Morey said that each department could meet with the Appropriation Committee in October or November e - The Chairman said he would not say they would have to wait until after the first of the year. 282 and talk about what is going to have to be done, and the Committee would then have information and background for the budgets that would be submitted later. She said a meeting not giving too many figures, but discussing problems, might accomplish what the Committee wants. Mr. Ferguson said one problem is having the budgets submitted early and asked what the Committee's proposal was along that line. He asked if the Committee wanted a letter sent out to each department. Mr. Blaisdell said he did not think the Committee had anything specific in mind, and most of the depart- ments report to theSelectmen. Mr. Ferguson said someone had to start and asked how the Committee proposed to start. Mr. Patterson replied it would be through the Board of Selectmen. Mr. Blaisdell said the Committee would like moral support, and Mr. Ferguson said there ie no doubt but it would have that. He said if the Committee wanted a let- ter sent to the department heads, the Selectmen would ask them to co-operate. Mr. Patterson said personally he thought it would help if the Selectmen carried the ball and got budgets started back on the right road this year. The Chairman asked if he wanted the Board to start, and Mr. Patterson replied that he did for this year. He said the Committee is anxious to go to work. He said the members are comparatively new and he would like to start commanding a_little more respect than has been given to the Appropriation Committee by those presenting their budgets. Mr. Adams said that certain capital expenditure projects are coming up and those are known; the Com- mittee could get started on them. Then there is the salary question and a policy in rough form could be started early. Mr. Patterson said he would like to get going. The Chairman asked if the Committee weld like the Selectmen to request all department heads to cooperate in presenting budgets earlier this year. Mr. Shaughnesaey said that what the Committee has in mind is to set a date and give it to the departments. Mr. Meyer said that if the Selectmen wrote a letter and asked to have the budgets submitted by October 1/5 and the Committee wrote one asking for budgets by the 15th, it might carry a little more weight. Mr. Blaisdell said that the committee has had co- operation, now it is a question of time. Mr. Patterson said he wanted co-operation in having the budgets presented earlier. ho Tj 1 283 Mrs. Morey explained that the budgets have provisions for the request for this year, amount expended and request for next year, and no one will know the amount expended until the first of the year. Mr. James said the Committee used to have an expendi- ture of figures on the date the budget was submitted. The Chairman pointed out that there will be three months, 25% of the expenditures. Mr. Blaisdell said that what the Committee wants is not the budget by 0 tuber 15, but for the Board to have some overall polio Zhat date and to question all de- partments shortly ereafter. He said the Committee would like some form of policy on salaries. He said the question the Committee would like answered on thefifteenth or twelfth or some convenient night, is whether the Board is going to raise salaries. Mr. Adams said there are certain items without any question. At the moment both the Police and Fire De- partments can tell if they want more men or not. He said the Committee might not receive figures naw but those decisions would be helpful. Mr. Adams suggested meeting with the Committee about the middle of October and have somethingmore definite on a policy question. The Committee retired at 9:10 P.M. Mr. James suggested tht the department heads be requested to meet individually with a couple of the mem- bers Of the Board, as they must have some idea what they want to do. They can talk the problems over with the Board and submit their recommendations. He said the Board could assemble that date, on wages alone, discuss it and form a policy. Mrs. Morey suggested meeting with the department heads as a group. Mr. James said he thought this could be done on one - evening, not on a Monday. It was agreed to invite the department heads to meet individually with all members of the Board to dis- cuss any recommendations they may have in regard to next year's budget policy; beginning next Monday. It was also agreed to write each department head in regard to submitting budgets early. The Chairman read a letter signed by Mr. Cronin and three other employees, inviting the Board to attend a testimonial dinner on Wednesday, September 30, for Miss Ready and Mr. O'Connor. Ainsli e:a i on* waw :re oe the d i'x*.ter litaleliy M rd.Donwta,`_ Inc .0 `fir. a. IModmon Atiertualler..liewbe at 399 Lowe 11-Stree t . 284 II, License 'Worthen Rd. Upon motion duly made and seconded, it was voted to grant the license, approval having been given. by the Board of Health. The Planning Board met with 9:40 P.M. The Chairman atiked what the to do with Worthen Road. Mr. Abbott explained that a and the major problem is selling the Selectmen at Planning Board hoped layout has been made it to the Town. Mr. Abbott said that he thought the Planning Board knowb where it wants the road to go and he thought, in talking to others including the new Superintendent of Schools, that the present playground could be used for high school purposes. He explained that the Planning Board thinks it necessary to have plans for more play- ground areas, and they expect to have an option on a piece of land on Follen Hill that will make a playground. The Planning Board thinks that the center playground should be replaced by three others; one on Follen Hill, School one on Grove Street and. an area which the Town. now has Playgrounds around the reservoir. Those are the three areas the Planning Board has discussed as being comparable to the present center playground. The Chairman asked how the Superintendent of Schools felt about Worthen Road. Mr. Abbott replied that he and Mr. Snow had talked to the Superintendent and this is new to him, but after Mr. Snow outlined the plan to him, he thought .1.t was excellent and he had some other ideas. Mr. Snow said that the Superintendent is most enthusiastic and urged the Planning Board to go ahead with the Worthen Road plan. He feels that it would be more economical to use the present hightsehool building for the eleventh and twelfth grades because they need the facilities and use the new building for the tenth and ninth grades as they would not need such a large auditorium. The Chairman asked if the Planning Board still felt the construction of Worthen Road was the practical thing to do, and Mr. Abbott replied in the affirmative. Mr. Adams said the major objection is going to be destruction of the playground and something better will have to be offered to the Town and proof given that it is better. Mr. Abbott said that the entire plan should be put together before an attempt is made to sell it. The Chairman asked if the Planning Board would be prepared for a.Fall Town Meeting and Mr. Abbott replied 1 285 in the negative. He said if the desired areas could be obtained, and the Town Meeting members could be taken to them so that they would know what the Town will be getting and how much it is worth, it would help. Mrs. Morey asked how much of the playground facili- ties would be disturbed, and Mr. Abbott replied that in the first step, one Little League field and a corner of the track would be lost. The Planning Board thinks that the track belongs over by the football field. Mrs. Morey said that the girls' hockey field would be lost. Mr. Snow said that six acres would be gained from Hayden. He explained that he and Mr. Bair are working on a site plan for the entire development of the school land, and there is almost enough to have two high schools in the total land involved. Mr. Adams said that -under the present plan the theory is that there will be some other school buildings over there and at that time, the playground becomes an entirely school playground. In the meantime, whatever is taken away as playground should be replaced at the same tine as the road goes through or before. In putting the road through, the playground facilities would not be reduced. The Chairman said, as he understood the discussion, the Planning Board would not be prepared to present this subject at a Fall or the Annual Town Meeting. Mr. Abbott said that the Planning Board does not at present have all the land. The Chairman said that if Worthen Road does not go through, and the Hayden people fence their property, the result will be a very bad situation and Mr. Snow agreed that it would be very dangerous. Mr. Grindle asked if the Hayden people would be satisfied to wait until Spring, and the Chairman replied in the affirmative. Mr. Abbott said that the Planning Board would like a Fall Town Meeting and would also like to know how late it could be held. The Chairman explained that the Selectmen have a water problem on which action may have to be taken quickly and if it does come up, the Planning Board should be pre- pared. Mr. Abbott asked if the Selectmen would want the meeting before Thanksgiving, and the Chairman replied in the affirmative. Mr. Abbott said that the Planning Board would like to plan for November 9 or 16, preferably November 9. It was agreed that the Planning Board would meet 286 with the Selectmen before setting the date for a Special Fall Town Meeting. The meeting adjourned at 10:04. P.M. A true record, Attest: 1 / c tive Clerk Selector ;ii. fTj 1 287 SELECTMEN'S MEETING September 21, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 21, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on September 14, 1959. Mr. Stevens advised that he had prepared contracts with Whitman & Howard for engineering services - 1959, No. 3, and 1959, No. L. The first was in relation to Engineering water main construction and the second has to do with contracts drain construction, Bine Brook. He explained that the amounts and totals have been approved by Mr. Carroll who recommended that the contracts be signed. Upon motion duly made and seconded, it was voted to sign contract No. 3-1959 and contract No. 4.-1959 with Whitman & Howard for engineering services. The Chairman read a letter from Harold J. Toole, Director of Water Division and Chief Water Supply Engineer, M.D.C., relative to the extension of the Metropolitan Water ,dystem in the Town of Lexington andtthe City of Waltham. The legislation proposed has been passed and signed by the Governor as Chapter 590 of the Acts of 1959. In order for the Commission to proceed with the construction of improvements authorized, it will' be necessary for the Commission, the Town of Lexington and the City of Waltham to execute agreements at an early date relative to the amounts which Lexington and Waltham are to reimburse the Commission for a portion of the construction. Mr. Carroll reported he thought the reason for the Commission's intention to go down Concord Avenue instead of down Route 2, as originally discussed, was because of land damages. He said the subject was one for discussion, but no action can be taken relative 288 to an agreement until theTown has some reply from the Air Force. Be agreed to call the Commanding Officer in an effort to find out what decision the Air Force has made. Mrs. Morey said she would like to know more about the plan to go down Concord Avenue, and Mr. Stevens ex- plained that it is something that can be discussed with the Commission. Sewer Mr. Stevens reported that the sewer apportionment. bill bill was finally signed and became Chapter 612 of the Acts of 1959. Claim The Chairman read a letter from Edith L. Andrews, 21 Shirley Street, reporting that a town truck driven by Mr. Joseph Vitale struck the right rear of her car causing damages estimated to be $417.60. Miss Andrews stated that she and Mrs. Esther Mowat were injured and as of now are still disabled. Mr. Stevens said that he had received a report of the accident from Mr. Carroll. Letter was received from the County Commissioners advising that a hearing will be held on Tuesday, October 27 at 10:30 A.M., in the Commissioners' Office, Superior Court House, East Cambridge, on petition of the Board for the alteration of the crossing of Valley Road, over the tracks of the Boston and Maine Railroad, by reducing the width of the crossing to effect a crossing for pedestrian traffic. Upon motion duly made and seconded, it was voted to Pole approve the following j/0 pole location, said location location having been approved by Mr. Carroll: Concord Avenue, southerly side, approxi- mately 135' west of Chadbourne Road, -- One pole. (One existing j/o pole to be removed). Mr. and Mrs. Amos J. Carr, Jr., 53 Kendall Road, Carr sewer met with the Board in regard to sewer and construction easement easements located in part in lot 53A on Kendall Road claim and in lot 53 in the rear thereof, owned by Mr. Carr. Mr. Carr stated that he had been informed by Mr. Grush that the Board made an offer of $200 for damages and to restore the property to its original condition. Be asked if the Board was familiar with the lot. Mr. Carroll presented a plan and explained where 1 289 the sewer and construction easements were located in relation to Mr. Carrts property. Mr. Carr said that he has been informed by various people, experienced in the real estate field, that this lot is worth anywhere from $2500 to $3500. He stated he did recognize that the lot is not wholly destroyed as a building lot, but there is no room for a driveway or garage. He said the psychological effect on a pro- spective purchaser, seeing a manhole Over in the middle of the lot, is not good, and he felt that the market value of the property has been destrpyed. He said about 20% of the lot has been taken and he thought $600 is a more reasonable figure of the damages. He said, in his opinion, it will coat $100 to restore the lot to its original condition, and he feels that the Town owes him $700 instead of $200. Mr. Stevens explained that the Board was not too familiar with the subject. He said that since the taking, various discussions have taken place and he has had discussions with Mr. Grush who was acting, he said, for Mr. Carr. At the conclusion of their last conference, Mr. Stevens told him that he would recommend payment of $200 to dispose oftthe case, and if -Mr. Carr wanted more than that recommended, he eould bring his proceedings and have the case tried. He said the amount of $200 was a fair figure of any figure received from real estate appraisers. He explained that the taking in no way inter- feres with the driveway. The Zoning By-law provides for a side yard anyway. Mr. Carr said if a hardtop driveway was put in, the Town has the right to come in any tins and service the sewer underneath the driveway with no obligation to re- pay for any damage done. Mr. Stevens explained that the Town would restore the premises in as reasonable good condition as before entry was made. He said if the Town did dig up the hardtop driveway, it would be obliged to restore it. Mr. Carr asked if the down would replace a garage if someone built one over the easement. Mr. Stevens replied in the negative and explained only the surface of the ground would be replaced. The Chairman asked if the easement followed the lot line and Mr. Carroll replied in the affirmative. He explained that there will be 32e feet on which to build a house which is 2 feet less than Mr. Carr would have had anyway. He said the pipe runs five feet off the lot line. Mr..Carr said he was under the impression that part of the function of the Beard was to. protect 290 individuals ofthe Town and said it seemed to him that common sense would dictate that there is more depreciation in value than 11100. Mr. Ferguson informed Mr. Carr that he lives on a lot that has a. sewer easement on it. Mr. Carr said he was talking about buying arra selling. If he were going to buy a lot acid saw a sewer manhole cover in the middle of the lawn, he would ask for a dis- count on the value of the lot. Mr. Stevens explained that it not the experience the real estate people are having. Some lots in Town have sewer easements, water easements and drainage ease- ments. He stated that Sun Valley was one area and there has been no difference in the amount received, so he was told, for those lots as compared to the lots in the same development without easements. Mr. Carroll said that the manholes can be covered over at any time. He saw Mr. and Mrs. Carr for the first time on May 8, 1958, and at that time, told them a lo- cation could be chosen by them. On May 9, 1958, he wrote to the Cerra but never received a reply. Mr. Carr said the digging on the property was done the day after Christmas. In the spring, the men cane back and the rocks were left on top. No attempt was made to put loan over the backfill. He said there were a few handfuls of grass seed spread among the rocks and he called the Town Office and had several contacts with Mr. Carroll. Then Mr.Magoon went over. The next week it started to rain and rained for two weeks. He waited two more weeks and tried to contact Mr. Magoon. Three days after he reached him, someone came out and put a little loan on top of the ground. He said it still was not more than 10% of what should have been done. He said he called Mr. Maloney and was able to get a little more action. He said he called Mr. Grush, the real estate agent, and has had much conversation but nothing hasbeen done to restore the property, and he thought $100 would do it. He said a good deal of his time has been wasted, and he feels it is an imposition. The Chairman stated that he recalled talking with Mr. Carr and thought the matter had all bean straightened out, done to Mr. Carr's satisfaction. He said it was a matter of opinion. Mr. Carroll ekplained that Whitman & Howard's in- spectors were sent over to see Mr. Carr recently. He asked them what Mr. Carr wanted and they said in all honesty, they did not know after talking with him. Mr. Carroll reported that on July 30, 1959, kw went to see Mr. Carr personally. Outside of the fact 0.4 tr 0-4 1 291 there was some very minor grading to be done, in his opinion, be saw very little wrong with the property. He asked Mr. Carr repeatedly what he wanted done, but was unable to get a definite answer. Mr. Carr said that he could support his case to an unbiased group. The Chairman said if the Town is obligated to do something for Mr. Carr, he thought it should be done, but the Board should know what is going to have to be done. Mr. Carr said that Mr. Stevens has a letter of what he thought should be done. The Chairman said that when he talked with Mr. Carr, there was no conversation other than damage to property. Mr. Carr said that was correct. The Chairman said that the Board was not aware that any offer of a settlement had been made to Mr. Carr, and in arriving at the $200, it was, in the opinion of the Town ounsel, that it was a fair amount. Mr. Carr said he must have misunderstood, because he was under that impression which be received from Mr. Grush. The Chairman said as far as he was concerned, the $200 was a definite offer. He asked if Mr. Carr was asking $600 for damages instead of $200 and also an additional $100 for restoring the property. Mr. Carr replied in the affirmative. He asked the Board to reconsider the matter and said he has un- til October 6 to take any action he feels he should. The Chairman said Mr. Carr should protect his in- terest and in the meantime, the Board would discuss the subject with Town Counsel and Mr. Carroll. Mr. Carr asked if he could expect to hear from the Board before October 6, and the Chairman -replied in the affirmative. Mr. and Mrs. Carr retired at 8:20 P.M. Mr. Stevens agreed to contact Mr. Grush.and report to the Board next week. Mr. Stevens referred to a letter received atom the Board relative to submieaion of 1960 budgets and again referred to the subject of an Executive Seoretary. Executive The Chairman agreed to contact Weston, Winchester Secretary and Brookline, the three towns who now have an Executive Secretary and report to the Board next week. Mr. Stevens retired at 8:50 P.M. 292 The Chairman read a letter from Whitman & Howard, Inc., requesting certain information in connection with a traffic study and analysis of traffic to be made for the Massachusetts Department of Public Works. It was agreed to refer the subject to the Planning Board and Superintendent of Public Works in whose de- partments the desired information is available. The Chairman read a letter from Mr. Carroll, Super- intendent of Public Works, in reply to the Board's let ter of September 15 requesting submission of all budgets between October 26 and 30. Mr. Carroll referred briefly to the 1960 budget items as follaows: A 24" water main if the -agreement is made with the Air Force; Drain in the brook at the rear of the dump; A 12" water main under Route 128 when it is widened that will eventually go up to the Air Force. A sewer main under Route 128 that will eventually go to the lower part of Meagher- ville. Deepen the sewer main under Route 128 that will eventually serve McDevitt's land Minute -man Highlands' sewer. Robbins Road - Turning Mill Road area sewer. Sidewalks for Winchester Drive, Paul Revere Road, Waltham Street, Massachusetts Avenue near Towne Park, and a section of Alien Street. Reconstruction of School Street. Reconstruction of a section of Marrett Road and School Street. Parking meters for both municipal parking areas, which will also involve curbing. The Chairman explained that the Beard has agreed to Taxi stand increase the area for parking taxicabs at beery Park to accommodate four cabs instead of two and asked to have the curbing painted red. When curbing has been installed around Emery Park, Curbing & the Board intends to have parking meters installed. parking Mr. Carroll was requested to submit plans for the meters curbing at Countryside for -discussion next week. Mr. Carroll retired at 9:45 P.M. Messrs.. Roeder and Fitzgerald, Fire Commissioners, met with the Board *s 1960 budgets. The Chairman explained that the Appropriation Com- mittee has asked to have the budgets presented earlier this year and also requested the Selectmen to notify the Department heads so that an effort can be made to submit budgets as soon as possible. Mr. Roeder said the Commissioners have not heard from the Committee. Items for the 1960 budget to be submitted by the Commissioners were as follows; Hot top the entire area at the Central Station. Increase telephone amount. Two additional men. (This will provide one additional man on each shift). Replace transmission on ladder truck. Painting. Set of tools for the new stockroom. Repairing both slate roofs. (An item each year between $300 and $500.) New ladder truck at an estimated cost of $38,000. (A 75' which is 10' more than the present truck) nth reference to a sick leave policy Mr. Roeder explained that the men must submit to the ' ommissioners a written statement explaining the reason for their absence. The men are also given the privilege of ex- changing days -off, limited to one change a month. Time off is allowed for death in a family and sickness at home. The Commissioners retired at 10:30 P.M.: Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation on behalf of Dean E. Nicholson, 42 Hill Street, satisfactory character reference having been received from the Chief of Police. 293 Cert. of Incorporatia The Chairman read a letter from the Appropriation Committee advising that the Committee would like to meet with the Board for further discussion on budgets, Budgets October 19. The date for the joint meeting, as re- quired by the General By-laws, has been established as February 15. The Chairman read a letter from the Town Cele- Town Cele- brations Committee advising that Mr. Lincoln P. Cole, brations Jr., has been elected Chairman of the Committee, re- Committee 294 Tax title placing Mr. Gustin who has resigned. Suggested names as replacements for Mr. Hutchins and Mr. Gustin were Kingston Howgrd-i, Robert Kingston and Ronald Woodberry. The Chairman read a letter from Philip J. Cormier & Sons, Inc., relative to the purchase of tax title lots 6I.-72 Bellflower and Hamblen Streets. Upon motion duly made and seconded, it was voted that a notice to sell be advertised in the Lexington Minute -man and that further consideration be given the offer at the meeting on October 5, 1959. Mr. Adams did not vote on the subject. Mra. Morey advised the Board that the Library Trustees will meet in the Selectments Room on Monday, October 5, 1959, at 7:15 P.M. The following recommendations made by the Traffic Study Committee were approved by the Board: 1. Traffic Study Committee Fecommendation$ TRAFFIC STUDY COMMITTEE RECOMMENDATIONS Temporary jackets on parking meters. Stant whatever is necessary to remove re- strictions at the Central Block and put it on Waltham Street. Bus stop at Douglass+ Funeral Parlor. 3. Parking meters in municipal parking areas. Install two hour parking meters in both parking areas. One hour parking in Depot Square. Acquire additional space for all day parking. 4. New sidewalks. Sidewalks should be included next year on: Massachusetts Avenue from Marreat Road to the Lexington Nurseries. Allen Street from Waltham Street up to the school. Winchester Drive. Paul Revere Road. 5. Worthen Road and Massachusetts Avenue The Chief has checked with the School Department as to the number of children. He recommends that the children in the Robinson Hill area cross Massachusetts Avenue, walk through Hastings Road to Lincoln Street, down Lincoln Street on the left-hand side and cross where crossing lines will be painted for them. 0.4 1 1 6. North Hancock Street. Add the additional three feet that would normally be given for grass. The meeting adjourned at 10:50 P.M. A true record, Attest: *ee ive ' lerk, \Selectme 295 296 Minutes Jurors Hip guy & anchor SELEC TMEN' s MEETING September 28, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 28, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on September 21, 1959, subject to corrections in the second paragraph on page 2. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. Mr. Richard P. Cromwell, 21 Summit Road, Mr. Robert P. Hunter, 6 Locke Lane, and Mr. Louis F. Cizek, 26 Locust Avenue, were drawn for jury duty. Mr. Carroll retired. At 7:30 P.M., hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for j/o location for a hip guy and anchor on Whipple Road, southeasterly side, from a pole located opposite Fiske Road. Mr. Mahon, representing the nostnn Edison Company, Mr. Dunn, representing the New England Telephone and Telegraph Company, Dr. and Mrs. Finston were present at the hearing. • Mr. Carroll reported that he looked at, Highland Avenue and Mr. Higgins looked at Whipple Road. They appear to be`identical situations and he has no.ob- jection to the proposed locations of hip guy and anchors. Dr. Finston said that he did not know if he ob- jected, but he would like to observe that there has been no permission granted to put this oh private pro- perty. He said that he has owned the property since June 5 and has never been approached, and he felt that he should have time to make a decision. He said if the company had approached him, there would have been no reason for the hearing. Mr. Dunn explained that the information he had was that permission to go on private property had been re- fused. He said he would be pleased to have Dr. Finston CZ 1 297 call him any time in the near future to discuss an anchor guy. He stated that the records indicate that the previous owner of the property had been approached and permission was refused. It was agreed that Mr. Dunn would confer with Dr. Finston and discuss the subject further, and the Chair- man declared the hearing closed. He explained that the proposed location is on Town property and the Board could make its decision immediately if it so desired. He pointed out that the safety of the pole and service to the people is what concerns the Board. Dr. and Mrs. Finston retired. At 7:35 P.M., hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for j/o location for a hip guy and anchor on Highland Avenue, westerly side, from a pole lo- cated approximately 525 feet south of Winthrop Road. Mr. Ferguson, speaking for Mr. Nathan C. Eubley, Hip guy & 15 Highland Avenue, in front of whose house the hip guy anchor and anchor will be located, said lc. Hubley wished to be recorded in opposition. He said that Mrs. Ferguson was also opposed. Hestated that it is difficult to determine what poles are being considered from the notices. Mr. Dunn explained that the telephone company has processed the petitions in this mann r for as long as he can remember. He said that there is a tree guy at the pole now, and he understands the 1:own is going to remove that tree. Mr. Carroll explained that the tree may have Dutch Elm disease. Mr. Dunn said the company could put an anchor guy on private property, but Mr. Hubley was opposed. He re- ported that he was advised today -by the engineer working on this job that an approach had been made and permission denied. He stated that a guy has to be placed for the safety of the public. Mr. Mahon explained that where the crossover is made from one side of the street to the other, there is a strain on both poles and there is a strain on this pole. He said if the guy that is there is removed, the company will be left in the position of not handling it properly if an attempt is not made to bring back a guy. He ex- plained that here the existing tree guy will be removed and permission on private property has been refused. Neither the telephone company nor the Edison company, singly or jointly, would petition for guys if they did not feel they were really needed. If permission is denied for an anchor guy on private property, they petition for a hip guy on a public way, for safety purposes only. He 298 Water bids Bedford re MDC sewer said that these people do have a right to object, but on the other hand, the companies do want to recognize Any accident hazard because they would be ciEiticized by the Board and others if a line got down. It was agreed that Mr. Dunn would also contact Mr. Hubley and discuss the subject further. The hearing was declared closed, and Messrs. Mahon and Dunn retired at 7:55 P.M. Mr. Carroll reported that bids were opened last week for water mains in Lincoln Street and the mates to Raytheon. Part of the project is to cross Route 2, and the specifications asked for an alternate bid; one to cross the State highway by the open cut method and by the method of jacking the pipe, not knowing which way the State would issue the permit. The low bidder on the cut method was Z & S Construction Company, Inc., with a bid of $71,602 and an alternate of $81,602. J. D'Amico, Inc., had a bid of $73,305.00 and an alter- nate .of 04;305.00. He advised that he received word from the State that it will be necessary to jack the pipe through Route 2 if possible. On that basis, he congerred with Whitman & Howard who recommended awarding the contract to J. DTAmico, Inc. Upon motion duly made and seconded, it was voted to award the bid to J. D+Amico, Inc., in the amount of $73,305.00, due to the fact that the permit for cross- ing Route 2 specifies that the method used shall be jacking or tunneling. At 8:05 P.M., the Bedford Board of Selectmen met with the Board. Mr. Hayden, Chairman, said that Radio Corporation of Americarapproached his Board some time ago, anxious to tie into the sewer system. RCA has a large number of employees and the sewer beds do not work out well, and the plant is to be enlarged. RCA would like to hook into Bedford's Route 62 line. He said an informal dis- cussion was held with M.D.C., and it was then advised that M.D.C. is the last place to go and not the first Burlington is agreeable to the tie-in, providing it in- volves no cost to that town. He said it would be con- nected through Lexington and submitted a proposed plan for sewage disposal for Radio Corporation of America, Burlington. Mr. James asked -if this would be a new line and Mr. Hayden replied that it is the line extending to Mitre Corporation. 0.6 ZZi CC 1 299 Mr. James asked where their sewage flowed to get to Boston Harbor, and one of the men replied that it flows through Lexington and hits the Great Road in Bedford. One of the Bedford Selectmen said his Board would 1_to know how Lexington would feel about having this extra sewage put into la system and if it would change Lexington's status with M.D.C. He stated that approval would have to be given by M.D.C. also and he did not know if M.D.C. would charge Burlington because some of the sewage is coming from Burlington. The Chairman explained that Lexington has had a great deal of discussion with M.D.C. concerning its own problem and he was not too sure how it would work out. Mr. Stevens asked if Bedford had received a re- action from M.D.C., and Mr. Hayden replied that M.D.C. is uncertain as to what the attitude would be. Mr. Stevens said he would be surprised if M.D.C. was in favor of this and he did not think the Lexing- ton Board of Selectmen would be in favor. He said the main difficulty is that it is believed that the M.D.C. sewer in Arlington is not large enough to have a new relief sewer put in. Under the new system of assessing costs, if the relief sewer is put in, Lex- ington and Arlington would have to stand the expense in the first instance and then after it is built, the available capacity of the M.D.C. in accepting sewage from Lexington and Arlington would be increased, so Lexington's share of the cost would increase. He said it behooves Lexington not to encourage the flow of sew- age unnecessarily. Lexington wants to put off the day when the relief sewer has to be built and keep its cost down. The Chairman explained that Lexington has a good trunk line down to the Arlington line, but at that lo- cation, there is trouble. He said there have been overflows in Arlington and manhole covers have gone off and sewage has overflowed. Arlington is disturbed about the sewage Lexington is sending down. He said that sooner or later Lexington will have to do some- thing about a relief sewer which will be very costly. Mr. Stevens reported that the estimated cost was $2,000,000. and the cost to Lexington has been set anywhere from 38% to 62%. One of the Bedford Selectman said that Bedford would probably be assessed as well as Arlington and Lexington. Mr. Stevens said that during a conference this 300 month the only two towns mentioned were Arlington and Lexington on the assessment of the cost. He said he thought it would behoove Lexington, until it sees the construction of the relief sewer is inevitable, not to increase the sewage. One of the Bedford Selectmen said a Bedford tax- payer is asking for service, and if Bedford can supply it, his construction will be in Bedford instead of Burlington. He said the system will be operated so that it will not increase the maximum rate of flow through Bedford. He said the contract with Lexington is for 800 gallons a minute and they can live within that. W. Stevens asked if it was intended to bring sewage from Burlington, and one of the Bedford Select- men replied it would come from the building now in Burlington and the new building to be buil t in Bedford. W. Stevens said Bedford►s problem is the sewage in Burlington and the fact it is the same taxpayer does not change it. He said he thought M.D.C. would frown on it. The Chairman asked if the line would go out 62 and deprive all the people whose property the line would pass. Mr. Hayden said that those people could tie in. The Chairman asked if that would affect the 800 gallons per minute, and Mr. Hayden replied that the area is not thickly settled. One of the Bedford Selectmen said that it would propably encourage more homes to be built there. The Chairman said that Bedford would still have to have permission from the M.D.C. One of the Bedford Selectmen said that RCA would dump between midnight and four in the morning. He said the n4 xt step for Bedford is to go to the M.D.C. but they did not want to start negotiations before talking to the Lexington Selectmen. He said the Board would bays an opportunity during the next week to definitely make up its mind whether or not it will oppose. Mr. Adams asked if Burlington had any plans for a sewer system, and Mr. Hayden replied that as far as he knew, they have not. The Chairman said the Board would discuss the sub- ject and endeavor to give Bedford an answer within the next week or two. The Bedford Board of Selectmen retired at 8:20 P.M. Mr. Carroll said he had no doubt as to what the answer should be, and in his opinion, it should be no. z 031 1 Mr. Stevens agreed. Upon motion duly made and seconded, it was voted to advise the Bedford Board of Selectmen that in view of the situation and the problems to be faced in con - motion with the possible insufficient capacity of the M.D.C. sewer in Arlington, the Board is firmly convinced that Lexington cannot take on any additional load into its system. Mr. Carroll reported that he had contacted Colonel Roberton, and an informal meeting has been arranged to discuss the water situation on Thursday at 10:30 A.M. The members of the Board and Mr. Stevens are invited to attend the meeting. It was agreed to meet in the Selectmen's Room at 9:30 A.M. to go over the subject before meeting in Bedtrd. Mr. Stevens retired at 8:50 P.M. Nr. Carroll reported that a meeting can be arranged on Thursday or Friday afternoon to discuss Route 128 at Route 128 100. Nashua Street, Boston, Room 510. meeting It was agreed to meet on Thursday at 2:00 P.M. Mr. Carroll presented a plan of the proposed curb- ing installation at Countryside and informed the Board Curbing that he has arranged a meeting with the men whose busi- ness will be affected on Wednesday, September 30, at 10:00 A.M. in the Selectmen's Room. 301. Meeting with Air Force Mr. Harry L. Garrett, 29 North Hancock Street, met with the Board and asked if it was necessary to leave the tree across from his driveway at the corner of Gleason Road and North Hancock Street. He said it is an incon- venience to him going in and out of his driveway, and Tree for safety's sake, he would like to have tt taken down. He explained that he did not attend the h3 aring because he was on vacation at the time. He said this tree is a hazard, the fire hydrant at the end of his driveway is a hazard and there is a caution sign for children on his property. Mrs. Morey said that Mr. Delete, whose property the tree dhades, was opposed to having it taken down, and _contended that his property would depreciate in value by the loss of the tree. Mr. Garrett said that was only his opinion. He said four or five years ago before Mr. Delsie moved there, there was another tree and it became a hazard and when Gleason Road was widened, it was taken down. 302 He said this one will also have to be taken down. The Chairman said that the Board would discuss the subject. Mr. Garrett said he also wanted the hydrant moved from his property and would like to have the caution sign for children moved. He retired at 9:10 P.M. Mr. Arthur Burrell and Mr. Harold Roeder met with the Board. Mr. Stevens returned to the meeting. Mr. Burrell presented, what he referred to as a draft of Lexington Operations Plan in connection with Civil Defense, and explained that it is based on the Federal plan and the State plan. He said the draft is about 90% completed and if the Board approves it, he will send it to Natick for checking and approval. It will then be returned to the Board for formal adoption. Mr. Burrell said he is not sure that the Civil Defense department has been legally set up. He said his appointment by the Board as Director does not do Civil Defense the complete job, and stated that Chapter 639 of the Acts of 1950 sets up the Civil Defense. He said he thought -the problem was legal protection for anyone operating under this Act. The Chairman suggested that Mr. Stevens look into the matter. Mr. Burrell said that the second step is ap- pointments of people to Civil Defense and thoseap- pointments are made by the appointing authority which is the Board of Selectmen. Mr. Roeder said he would like to have the Civil Defense organization set up legally so it can proceed further. Mr. Burrell rep orted that he should hear about the radio within two or three weeks and he will try to have the building at the water tower squared away before winter. Mr. Burrell said there should be a control room large enough to accommodate thirty-five people and Mr. Hodder suggested the coal pocket in Cary Building. Messrs. Stevens, Burrell and Roeder retired at 9:50 P.M. Letter was received from Mr. Stevens confirming oral information given to the Board some time ago relative to the acquisition of the land formerly of Hillcrest Village, Inc. The deed was dated July 28, 1 1959 , was recorded in Middlesex South District Registry of Deeds July 31, 1959, Book 911.26, Page 1E63. The Chairman read a letter from the Woburn Fire Department extending thanks to Chief Engineer Bel - (metro and the men in his department for assistance given Woburn September 18, 1959. The Chairman read a letter from the Burlington Water District applying for a water service on Muller Road in the name of Seraphim Gouveia. It was agreed to grant the request with the understanding that the Town of Burlington will to 1960 take over the services now taking water from the Town of Lexington. The Chairman read a letter from Medill Bair, Superintendent of Schools, relative to maintenance of playgrounds and driveways surrounding school build- ings. The School Committee desires to consider Mr. Carroll's recommendations further and meet with the Board at some future date. Mr. Ferguson suggested that the Recreation COM... mittee om- mittee be advised of the proposed recommendations. Letter was received by Mr. Carroll from the State Department of Public Works relative to curb- ing and sidewalk installation on the southwesterly side of Marrett Road, Auto Route 2A. The Board's letter of September 17, 1959 has been forwarded to the Chief Engineer, 100 Nashua Street, for consider- ation. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of the Town by striking out at the end of Article V, Section 2A, the following: No person shall park a vehicle between the hours of 11.:00 P.M. and 6:30 P.M. on Mon- days through Fridays on the northeasterly side of Massachusetts Avenue between Depot Square and Meriam Street. by st'rikingr.Mrtr, in ARTICIM V, recti. 9,- at the'-e1cu.ak. t� the.4etoripti..onumf the'm®.toeredc,mene: bn.Pis.seaehusatts Irvatme'thefollowing:` exdipt--khat parking is prohibited on the northeasterly side between DepotSquare and Meriam Street between 1:00 P.M. and 6:30 P.M. Mondaps through Fridays. Date of Passage - September 28, 1959/8/ Attest: James J. Carroll Town Clerk Ruth Morey Alan G. Adams Raymond W. James Gardner C. Ferguson 303 Land for School Water Maint. of playgrounds & driveways at schools Sidewalk & curbing Traffic Files Regulations Se]e ctmen of Lexington 304 Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of the Town of Lexington by adding at the end of Article V, Section 2A, the following: No person shall park a vehicle between the hours of 4:00 P.M. and 6:30 P.M. on Mondays through Fridays on the easterly side of Waltham Street from Massachusetts Avenue southerly for a distance of 163 feet. Date of Passage September 28, 1959. /8/ Ruth Morey Alan G. Adams Attest: James J. Carroll Town Clerk Raymond W. James Gardner C. Ferguson The Chairman read a letter from the Board of As- sessors relative to adjustments in salaries for Miss Pierce and Mrs. Sullivan which would require no trans - Salaries fer of funds due to the fact that Miss Ready will be retired September 30, 1959. Upon motion duly made and seconded, it was voted to approve the recommendations submitted by the As- sessors, effective October 1, 1959. The Chairman read a report from Mr. Donald Irwin relative to complaint filed by Basil R. Deering against Mr. Claude Cole for conducting a business at 47 Ledgelawn Avenue. Mr. Irwin inspected the premises three times and Mr. Cole admitted to the operation of a small truck- ing business but said he was unaware of the fact he was violating the Zoning By-law. This is a permitted use under the Zoning By-law and Mr. Cole has taken out a Board of Appeals' application and is asking for permis- sion to operate a business at the above address. Mr. Irwin felt that, under the circumstances, further ac- tion should be withheld until the Board of Appeals has rendered its decision. Complaint Selectmen of Lexington 1 Application was received from Mr. Schuyler A. Snow, 197 Woburn Street, for an Auctioneer's license. Letter was received from James F. Corr, Acting Chief, submitting the record on file at the office of the Board of Probation. Upon motion duly made and seconded, it was voted to grant an Auctioneer's license to Schuyler A. Snow, 197 Woburn Street, said license to expire March 31, 1960. The meeting adjourned at 10:25 P.M. A true record, Attest: 205 License =axec ive erk, Selectors 306 SELECTMEN'S MEETING October 5, 1959 A. regular meeting of the Board of Selectmen was held in the Selectmen's. Room, Town Office Building, on Monday, October 5, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent ofPublic Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was Minutes voted to approve the minutes of the Selectmen's Meeting held on September 28, 1959. Mr. Stevens presented five copies of a con- tract between the Town and J. D'Amico, Inc., for ,Water installation of water mains. ;Contract Upon motion duly made and seconded, it was voted to sign the contract in the amount of $74,305. Mr. Carroll submitted an analysis of::'the cost of increased street lighting in Lexington Center and explained that he received his information from ;Street the Boston Edison Company. The analysis included Lights Waltham Street, Massachusetts Avenue and Muzzey Street. His recommendations are as follows: 1.) Waltham Street 1960 Budget ChangeAll existing lamps to 11,000 Increase MV anew 11,000 MV a.) Increase in operating cost $512.60 b.) Installation cost 0 $512.60 2.) Muzzey Street Change all existing lamps to 4,000 lumen incandescent a.) Increase in operating cost $490.60 b.) Installation cost Q 490.60 1-4 1 3.) Massachusetts Avenue Change all existing lamps to 20,000 MV a.) Increase in operating.coat 428.40 b.) Installation cost $73.04 Total increase 1960 street lighting budget It was agreed to consider Mr. Carroll's recomb mendation in the budget for 1960. Petition was received, signed by residents of North Hancock Street, requesting removal of a tree opposite #29 Hancock Street, as a safety measure. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to have the tree re- moved. e- moved. Mrs. Morey said she thought the telephone pole should be Ironed. 1301.44 2304.64 Tree 307 Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole location: Grapevine Avenue, northerly side, ease- Pole erly from a point approximately 25' east location of Waltham Street, -- Twelve poles. The Chairman read a letter from Mr. Francis Y. Rice, 65 Blake Road, applying for an abatement on the sewer betterment assessment levied on lots owned. by him on Boulder Road. Rice Mr. James explained that the question arose frau Sewer the way the lots were originally laid out. They were abatement laid out as 30 foot lots and then when the plan was filed, the developer combined three 30's or 2i 30's. When the deal was nide for a strip of land on which his house is located, he was given two of the 3018 in exchange and the other 30 went to the abutter on the other side. The question is, does he still have a buildable lot. Mrs. Morey said that every.one of these lots has to have a Board of Appeals hearing, because 30 feet was not a legal lot. 108 Mr. James explained that the plans on file show either two 30's, three 30's or 2i 30's. Mr. Carroll reported that Mr. Irwin, Building Inspector, advised him today that he thought this was a buildable lot but it would require a Board, of Appeals' hearing. There never has been'"ai>iyquestion about get- 4ing a permit on• the -lots<in'the Manor. The Chairman suggested that the lots be combined into one lot and an abatement granted. Mr. James reported that is what Mr. Rice intends to do if the abatement is refused. It was agreed to advise Mr. Rice that the Board will consider granting an abatement of the sewer bet- terment assessment if he will combine all the land into one lot. Upon motion duly made and seconded, it was voted to sign an agreement with the Commonwealth of Massachu- Agreement setts, dated November 19, 1958, for the installation of a water main, gate and gate box for $2492 paid by the Commonwealth to its contractor. The agreement was taken by Mr. Stevens for re- drafting. Mr. Carroll reported on a meeting relative to curbing at Countryside and said that the final con- clusion was that curbing would be installed in front of the new building now being constructed and in front of Grano's. Curbing Mr. Grano owns about an acre in the rear of his store and may grade it off for parking. His thought was that perhaps this could be zoned for business and restricted to parking. Mr. Carroll said he thought some consideration should be given the subject. Mr. Maloney asked if Mr. Grano intended to retain ownership, and Mr. Carroll replied that it was not dis- cussed. The Chairman said that if Mr. Grano retained owner- ship, he would also retain control of the parking. The Chairman suggested mentioning the subject to the Planning Board, and Mr. Carroll said he thought that would be a good idea. Mr. Carroll retired at 8:10 P.M. Lieutenant James.F. Corr, acting head of the Police Department, came into the meeting and reported on the conduct of an performance of duty bit Charles F. Camirand of 30 Cummings Avenue, Lexington, who, under appointment C'17 Pv 1 by the Board, commenced his duties as a Police Of- ficer on May 1, 1959. Lieutenant Corr reported particularly on complaints that had been received from citizens of the Town in reference to the attitude of Officer Camirand and his failure to perform his duties in a satisfactory manner. Following the discussion and consideration of the matter, it was unanimously voted to discharge Charles E. Camirand from his position as Police Officer of the Town of Lexington since his performance of the duties of a Police Officer has been unsatisfactory for the following reasons: On September i} or 5,1959, while assigned to traffic duty on Massachusetts Avenue near the Police Station, he neglected riffs duties and failed to perform them in a reasonably efficient manner. On September 28, 1959, while on duty in Lexington Center, he was discourteous to members of the public and failed to perform his duties as a Police Officer when called upon by citizens of the Town to render as- sistance that came within the scope of his duties as Police Officer. On September 29, 1959, while assigned to traffic duty on Woburn Street near Manley Court, he neglected his duties and was absent from the area assigned to him for a substantial period of time. His attitude in receiving orders and in- structions from his Superior Officers in con- nection with his duties has been generally un- cooperative, and on various occasions, he has failed to carry out such orders in accordance with the instructions given to him. It was further unanimously voted that the discharge become effective at the close of his tour of duty on October 6, 1959. Mr. Stevens and Lieutenant Corr retired at 8:40 P.M. Mr. Adams said he felt this was the time to keep a continuing pressure on the department's regulations, and referred particularly to the taxi stand at Emery Park. The Chairman reported that he had discussed the subject with Lieutenant Corr who suggested that the 309 'Taxi Stand 310 F Parking taxi parking area be painted red rather than white because many people are of the opinion that this is for public parking. Mrs. Morey suggested that a memo be sent to the department advising that the Board wants careful en- forcement of all parking. Mr. Douglas Robertson and Mr. Paul Huoppi met with the Board. Mr. Robertson gave his address as 11 Grapevine Avenue and Mr. Huoppi' s as 19 Grapevine Avenue. He said there are three items to be discussed, one of which is parking on Grapevine Avenue by workers at Parking on Marshall's bakery. He reported that the employees Grapevine park on both sides of the street and it is impossible Avenue for the milkman to make his deliveries and in the winter, the situation is worse because it is difficult to get up the street onto Waltham Street. Mr. Huoppi said that the situation is not only a traffic hazard, but also a fire hazard as the fire apparatus would never be able to get through the street in an emergency. The Chairman asked how long this condition has been going on, and Mr. Huoppi replied ever since the business started. Mr. Robertson reported that he has talked to the Superintendent of the building, to the Marshall boys and also to the Police. Mr. Robertson said he had another complaint, He realizes this has been zoned for business but there have been at least twenty-two nights this summer when ha has been unable to sleep because of the noise and hammering until three in the morning. He said he would like to know if something can be done to eliminate the noise. Mrs. Morey stated that the bakery is operating by permission of the Board of Appeals and Mr. Robertson said he attended the hearing. At the time he asked if there would be any noise, and Roger Marshall assured him that there wouldn't be any so he did not register in opposition. Mr. Ferguson asked if Mr. Robertson reported when there was noise after eleven o'clock in the even- ing and he replied that he went over the next morning and spoke to the plant manager who said he would speak to the night man, and that is how it ended. He said Mr. Chandler has called the Police Department twice and reported it. Mr. Adams said he saw the report and as he recalls, itwastwo and the Policedid or three in the morning Imme CC 1 speak to Mr. Marshall. Mr. Robertson said the third item was rats. The bakery leaves metal containers outside which are cleaned every day, but there are rats, although he did not know if this type of business attracts them. The Chairman said that the Board would try to help and keep Mr. Robertson advised. Mr. Robertson and Mr. Huoppi retired at 8:55 P.M. The Chairman suggested that the Traffic Study Committee look the area over and submit recommendations to the Board. It was agreed to ask Mr. Irwin to make an in- vestigation andreport to the Board. Mr. Dea, a builder from Newton, met with the Board and said he was having trouble selling a piece of property valued at *35,000 and located on Baskin Road. He said when he purchased the property from Mr. Corrigan, he was told that the Town dump would not be coming toward the property, but it is. He asked if the Town would put some fill on the part of the dump facing his house. Mrs. Morey asked how many lots Mr. Dea owns and he replied that he had several houses on the street but this particular piece is the last one. The Chairman said the subject would be discussed with Mr. Carroll, Superintendent of Public Works, but he did not know what could be done because the Board does intend to fill the land. Mrs. Morey suggested that Mr. Dea plant some trees and explained that the dump will be there for some time. Mr. Dea retired at 9:15 P.M. Letter wasreceived from Carl F. J. Overhage, Director, MIT, Lincoln Laboratory, commending the Police Department for handling the traffic control problem during the time Wood Street is closed. It was agreed to send a copy of the letter to the Police Department and also to Mr. Carroll, Super- intendent of Public Works, who worked with the Chief on the problem. Further consideration was given to offer received from Leon E. Cormier & Sons, Inc., for lots 64 through 68 Bellflower Street and lots 69 through 72, Hamblen Street. A proposal to sell these lots was advertised in the September 24, 1959 issue of the Lexington Minute- man. No persons contacted the Selectmen's Office as a Dump 811 312 result of the advertisement. Upon motion duly made and seconded, it was voted to sell lots 64 through 68, Bellflower Street and lots Tax title 69 through 72, Hamblen Street, to Leon E. Cormier & Sons, Inc., for $500 per lot plus sewer betterment as- sessments of$506.26 and $562.50; subject to the pro- vision that all four lots on Hamblen Street be combined into one residential lot; lots 65 through 68 on Bell- flower Street be combined into one residential lot and lot 64 Bellflower Street to be combined with the ad- joinng lots now owned by Mr. Cormier. Further consideration was given to appointments to the Town Celebrations Committee. Upon motion duly made and seconded, it was voted to appoint Mr. Kingston Howard a member of the Town Celebrations Committee for a term expiring April 30, 1962 to replace Mr. Bentley Hutchins who declined re Appointments appointment. Upon motion duly made and seconded, it was voted to appoint Mr. Arthur F. Douglass a member of the Town Celebrations Committee for term expiring April 30, 1962 to replace Mr. Bertram P. Gustin who resigned. Mrs. Morey, as Chairman of the Library Trustees, reported that there had been a special meeting of IHistorio the Trustees for the purpose of making nominations 'Districts for a member to the Historic Districts Commission and__it was voted to submit the following nominations: Cyrus Wood, Hayes H. Fellows, Jr. Upon motion duly made and seconded, it was voted to appoint Mr."Cyrus Wood, 9 Prospect Hill Road, to the Historic Districts Commission for an unexpired term ending January 1, 1960, to replace Rev. Floyd J. Taylor who has resigned as of October 15, 1959. It was agreed to hold the next regular meeting of the Board on Tuesday, October 13, 1959. The meeting adjourned at 10:05 P.M. A true record, Attest: 04' b w / e cve le rk� 017,1 1 313 SELECTMEN'S MEETING October 13, 1959 A regular meeting of the Board of Selectmen was held on Tuesday, October 13, 1959, at 7:30 P.M. Chair- man Maloney, Messrs. James, Ferguson and Mrs. Morey were present. The Executive Clerk was also present. Mr. Adams arrived at 8:35 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held Minutes on October 5, 1959, subject to a correction on page two. The Chairman read a letter fromJames R. Sherman, 14 Ridge Road, and John Wasilee, 23 Ridge Road, re- questing deferment of water betterment assessments levidd against their property. Memo was received from Mr. Carroll recommending that the betterment on lots B and C, owned by Mr. Sherman, on the westerly side of Ridge Road, be de- ferred. He recommended no deferment on lot C on the easterly side and no deferment on lot B on the east- erly side until Mr. Sherman records a lot showing his house, separating that parcel from the rest of his land. A memo was received from Mr. Carroll recommend- ing that the betterment on lot B on the easterly side and part of lot B on the westerly side, owned by Mr. Wasilec, be deferred. He suggested that Mr. Wasilec record a plan showing his house and separating that parcel from the rest of the land and deferring the betterment on the ruining parcel. Upon motion duly made and seconded, it was voted to advise Mr. Sherman and Mr. Wasilec that Chapter 159 of the Acts of 1950 provides for deferment of better- ment assessments only upon land which is not built upon, and inasmuch as their house lots have never been sepa- rated from the entire tract of land, no action can be taken on that parcel. If they will lay out as lots the parcels of land upon which their houses are lo- cated, the Board will consider further their request for deferment. The Chairman read a letter from the Mystic Valley Gas Company, -requesting permission to locate a 6" high-pressure gas main in East Street, from Douglas Road to the Woburn line. Deferments Gas main 314 The proposed location, to provide service for a new development, was approved by Mr.Carroll. Upon motion duly made and seconded, it was voted to grant the request, it being understood that the work is to be done according to Mr. Carroll's specifications and to his satisfaction. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate five poles on Daniels Street. Pole The proposed locations having been approved by Mr. locations Carroll, it was voted to grant the petition and sign the order for the following j/o pole locations: Daniels Street, southwesterly side, southeasterly from a point ap- proximately 50' southeast of Taft Avenue, - Five poles. The Chairman read a letter from the Follen Hill Estates Association, Inc., signed by George Baldwin, Chairman, stating that the Association would like to Buckman Dr. meet with the Boardto discuss the proposed extension Extension of Buckman Drive to Moreland Avenue. It was agreed to send a copy of the letter to the Planning Board and advise the Association to contact that Board to arrange for a discussion of the subject. The Chairman read a report from Mr. Irwin who had been requested to investigate a complaint registered Complaint by Mr. Robertson and Mr. Huoppi about parking and noise a: Marshall' s. bakery, `"31S' Narre tt :.Boal:.. L Mrs. Morey reported that at three o'clock in the afternoon there were six cars on Grapevine Avenue parked neatly on one side of the street. It was agreed to write Mr. William H. Marshall advising him of the complaints registered with the Board relative to employees parking on Grapevine Avenue and disturbing noises at the bakery commencing at 11:00 P.M. and also call his attention to the con- ditions set forth in the Board of Appeals' permit under which the bakery is operating. Complaint The Chairman read a letter from Mr. Irwin in re, complaint received concerning the use of the property at 47 Ledgelawn Avenue. Mr. Cole has informed Mr. Irwin that he was withdrawing his application to the Board of Appeals for a variance because he felt that because of the objection in the neighborhood, it would be better to discontinue the use of the property as a transfer point. dee 011 1 315 Letter was received from the Town Celebrations Committee inviting the Chairman to attend the ceremony, UN Day in observance of United Nations Day, to be held at the Fiske School on October 23, at 9:15 A.M. The winners: of the essay contest will be awarded prizes and read their essays at the Senior High School on October 23, 1959 at 10:45 A.M. It was agreed to invite bids for printing 700 copies of the 1959 Annual Town Report. Town Report Mr. Stevens, Town Counsel, arrived at the meeting at 8:35 P.M. The Chairman read a letter from Arthur D. Ritchie, Jr., 21 Balfour Street, requestingabatement of a portion of the sewer betterment assessment levied against lots 1 and 2 Balfour Street. A memo was received from Mr. Carroll advising that another house could be build on a sixty -foot lot and he could see no reason for an abatement. He explained that the house is on both lots and unfortunately there Abatement is a large frontage because eight small lots were made into two lots. He stated that even though the sewer does not go by the second lot, it is available and the lot bettered by the improvement. Upon motion duly made and seconded, it was voted to advise Mr. Ritchie that under the circumstances, the Board was of the opinion that any abatement of the assessment would not be justified. The Chairman read a letter from Amos J. Carr, Jr., advising that he will accept the Board's offer of $200 Settlement and sign a release of all pertinent claims, in connection with the sewer easement taking, October 15, 1958, on his property at 53 Kendall Road. Upon motion duly made and seconded, it was voted to request the Town Counsel to prepare the necessary release for execution py the Board. The Chairman read a letter from Nathaniel H. Ponn, attorney for the State Department of Public Works, in re Commonwealth taking property of Town of Lexington. Mr. Stevens said he understood this is the taking of a portion of Westview Cemetery. He explained that there always has been a vote of Town Meeting authorizing the Board to settle these cases but Article XI, Section 1, of the General By-laws, does provide that the Select- men can settle claims, providing that no settlement is made in excess of $300. 316 In view of the small amountlinvolved, and the fact that the road is going to be turned over to the Town, he did not recommend waiting until Town Meeting. Upon motion duly made and seconded, it was voted to State sign a release. taking Mr. Stevens said he would prepare a certificate for the Town Clerk to sign covering this and have it ready for signature next week. Mr. Stevens referred to a Special Town Meeting and reported that he does not know where the Town Town stands as far as the Air Force is concerned. He said Meeting it is difficult to know what to put in the Warrant in regard to MDC, but explained that a general article could be drawn. Tax title deed Executive Session Board of Appeals Mr. Stevens reported that he had prepared a deed conveying lots 90-94 Albemarle Avenue to Busa and raised the question as to whether or not there should be any restriction on the building on these lots. It was agreed that the lots should be restricted to the erection of only two houses on the five lots. At 9:30 P.M., the Planning Board met with the Selectmen and upon motion duly made and seconded, it was voted to go into executive session for the purpose of discussing, deliberating or voting on a matter, which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. A discussion was held relative to the acquisition of two parcels of land, formerly owned by DeVries, for playground and recreational purposes. The Board voted to resume the open meeting. Mr. Abbott advised that the Planning Boad had another matter to discuss, the matter of the ruling of the Board of Appeals on the professional office building on Massachusetts Avenue near Curve Street. The Planning Board feels that the ruling was not ac- cording to the Zoning By-law, and would like to see it tested in court. He said the idea was that such a ruling changes the zoning. The Planning Board feels that the province of the Board of Appeals is to give a variance on a building and in this case, it thinks the Board of Appeals actually changed the zoning from an R-2 to a C -l. He said the Planning 1 Board does not want this construed that one Board is against another. The Board of Appeals feels it is working accurately and the Planning Board feels the Town Meeting should decide on zoning and would like to have this case tested. The Chairman inquired as to what property is in- volved, and Mr. Abbott explained that it is Mr. McCormack's and next to property owned by Wardrobe. Mr.Abbott said the Planning Board was asking the Selectmen for legal help and it would like to be re- presented by Town Counsel. Mr. Stevens explained that this will involve counsel for two Boards and when two Boards are in con- troversy, the Selectmen decide which one the Town Counsel is to represent. Mr. Adams asked about the time limit, and Mr. Stevens explained that an appeal must be taken within twenty days after filing of the Board of Appeals' decision with the Town Clerk. Mr. Snow advised that it was filed September 28 Mr. Abbott said the Planning Board was requesting funds and the Town Counsel to represent it. The Planning Board retired at 10:30 P.N. Mr. Adams said he definitely did not want to see two Town Boards in Court. Mr. James explained that Town Meeting specifically authorized this By-law and the Board of Appeals chose to issue a variance. It was voted to approve the request of the Planning Board to have Mr. Stevens as Town Counsel represent the Planning Board in its appeal from the decision of the Board of Appeals granting a variance of the Zoning By-law to permit the erection of a professional office building at 789 Massachusetts Avenue in an R-2 district. The meeting adjourned at 11:20 P.M. A true record, Attest: ec ive Jerk, Se le c 317 318 Chairman Minutes Town Counsel to represent Planning Board Deed SELECTMEN'S MEETING October 19, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 19, 1959, at 7:30 P.M. Messrs. James, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Ferguson arrived at the meeting at 8:10 P.M. Upon motion duly made and seconded, it was voted to appoint Mr. James Acting Chairman in the absence of Mr. Maloney. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 13, 1959, subject to amendment of the last paragraph. Upon motion duly made and seconded, it was voted to approve the request of the Planning Board to have Mr. Stevens as Town Counsel represent the Planning Board in its appeal from the decision of the Board of Appeals granting a variance of the Zoning By-law to permit the erection of a professional office building at 789 Massachusetts Avenue in an R-2 District. Mr. Stevens reported that the appeal has been taken and notice given the Town Clerk on Friday. The Planning Board and Board of Appeals' members have been served a process. The matter has been set for a preliminary hearing on Tuesday, October 27, and pre- sumably the trial will be in this Fall session. Mr. Stevens reported that he revised the deed of tax title lots 90-94, inclusive, on Albemarle Avenue to restrict them for building purposes to two lots and it is now ready for signature. Upon motion duly made and seconded, it was voted to sign the deed, prepared by Town Counsel, conveying lots 90-94, inclusive, Albemarle Avenue, to The Buse Realty Trust, 38 Circle Road, Lexington. Mr. Stevens referred to a letter from Nathaniel Ponn, attorney for the Massachusetts Department of Pub- lic Works, and a release to be signed in payment of $250 for thetaking of a small parcel of Westview Cemetery for the purpose of the new access road between 1 319 Bedford Street and Wood Street. Upon motion duly made and seconded, it was voted to sign the release, to be mailed to Mr. Stevens to- Release gether with a Certificate signed by the Town Clerk, setting forth the authority under which the Board signed. Hearing was declared open upon petition of the New England Telephone and Telegraph Company for per- mission to locate a manhole in the sidewalk, Massachu- Manhole setts Avenue, northeasterly side approximately 241 southeasterly fromMaple Street. Mr.Consilvio, representing the petitioner, was the only person present at the hearing. He explained that the company is requesting permission for the man- hole to give it access to go into the existing conduit in Massachusetts Avenue and go down Maple Street to people who are looking for more service and to people who do not have service. Mr. Carroll approved the proposed location and reported that Mr. John C. Carter, 1083 Massachusetts Avenue, would like to have the manhole located to the left of his walk because it appeared to him to be in direct line of his connecting to the sewer on Massachu- setts Avenue. Mr. Carroll checked with the company and agreed that it would be very inconvenient for the com- pany to relocate. It will not be in direct line to a sewer service. Mrs. Morey asked if the service down Maple Street would be underground or overhead, and Mr. Consilvio re- plied that it would be overhead for the present, but eventually the serfice will be underground in Maple Street. Upon motion duly made and seconded, it was voted to grant the petition and sign the order. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Pole Company for permission to locate ten poles on Brandon locations Street. Mr. Consilvio explained that this is to validate the lunation, formerly a private way and now a public way. Mr. Carroll approved the proposed location. Upon motion duly made and seconded, it was voted to grant the petition and dgn the order for the fol- lowing pole locations: Brandon Street, southwesterly side, southeasterly from a point approxi- mately 251 southeast of Fottler Ave., -- Four poles. 320 Water Brandon Street, northeasterly side, northwesterly from a point approximately 25' northwest of Fottler Avenue, -- Six poles. Mr. Consilvio retired at 7:50 P.M. Mr. Carroll reported that an infor*al meeting had been held with the Air Force in regard to the water problem. Since that time, a meeting was held attended by Whitman & Howard, the engineer for the Air Force and Mr. Carroll, in regard to the engineering disagreements concerned with the sharing of the cost of the 24!". line. The conclusion reached at that meting was that another meeting should be held and that was held last week. At neither meeting was any conclusion reached except dis- agreement on the basis of the cost. The Air Force con- tends it will not use as much water as the Town says it might. Mr. Stevens explained that the informal conference was something like the one held with the Board. Then there was the engineering conference to determine whether or not Ongineering differences could be solved. They have not been solved so the Town is standing on the position of the letter which was sent to the Air Force. The Air Force is standing on the position of a much smaller figure. The next step would be for an appropriate person to contact either the Commanding Officer of the Air base or his Judge Advocate and state the situation as the Town understands it and say that the Town now waits for the Air Force's formal letter. Mr. Stevens said it seemed to him that the Town has exhausted any need for continuing informal conferences, and it should now have a formal reply to the letter. Mr. Stevens explained that a telephone call should be made to the Air Force to advise that the informal conferences have been concluded and the differences still exist, but the Town's position has not changed. To bring the matter to a conclusion, request a formal reply to the Board's letter, and advise that the only conclusion that can follow will be a termination of the agreement. He said that past experience would indicate that estimates would be on the low side instead of the high side. Mr. Carroll reported that the Air Force has used six times as much water as was originally estimated. He said that Mr. Paul Howard analyzed the situation on an entirely different approach and arrived at the same con- clusion, and he feels the end the Town should be talking about is fourteen or fifteen years hence, or an average 1 tins it would take to pay off the bonds. The Chairman asked about the Town's total consumption, and Mr. Carroll replied::1,000,00Q, lona, and the Air Force is using 18%. It was decided that contact should be made Colonel Roberton, Commanding Officer, and Mr. C was authorized to call him. Mr. Stevens retired at 8:00 P.M. ave rage 000 gal - with arroll Mr. John E. Harvey, 1 Constitution Road, met with the Board relative to sewer betterment assessments levied against lot 69 Constitution Road and lot 70 Paul Revere Road. The Chairman explained teat the property involved is at the corner of Paul Revere Road and Constitution Road and that Mr. Harvey's house is located on one of the lots. In his letter of 1958, Mr. Harvey said that he has no intention of ever selling or building on the vacant lot and would like the betterment abated. Mr. Harvey said that since that time, he has thought the situation over and obtained more information. He presented a drawing of all the property invdbed and said he was applying for an extension of time for pay- ment of the betterment assessment under Chapter 259. He said he had both Mr. Lyons and his son look at the property, and they advised him that a house could physically be built upon the lot., but in so doing, it would so impair the value of the property that it would be stupid to do so. He said although it might be physi- cally possible to build on the lot, it would be extremely expensive. The Chairman explained that a week ago, the Board discussed a similar situation and the decision arrived at in that case was that the property owner had two choices. One, he could pay the betterments as assessed and leave the lots as two lots. The other choice would be to combine them by plan into one lot, in which case the betterment only on one side would then apply. Mr. Carroll said it seemed to him that the lots would have to be combined before an abatement could be considered. The Chairman ekplained that the deferment was set up to apply in a situation where an individual had a large tract of land, such as a farm. He would pay the betterment on the lot upon which his house was located and then request deferment on the remaining property. Mr. Carroll explained that the assessment would be substantially the same if the lots were combined. • 321 Sewer be t- te rme nt assessments 322. Salaries • The Chairman said the Board would discuss the sub- ject further and advise Mr. Harvey of its decision. Mr. Harvey retired at 8:24 P.M. It was agreed that Mr. Harvey does have a build- able lot and to advise him that the assessments on his property are no different than thoseassessed against other individuals owning two corner lots. In view of the circumstances, the Board felt that there= is no justification for deferment or abatement. Mr. Carroll said he would like to know the policy on salaries for budget purposes. Mr. Ferguson asked if he had any ideas, and Mr. Carroll replied that he felt, because therewere no increases last year, that there should be a substantial increase this year. He recommended an increase of 5% or 10% for the entire department,based on nothing more than the fact the cost of living is going up and the Town employees did not receive an increase last year when the employees in surrounding towns did. Mr. Adams asked if he had compared his rates with the rates in surrounding towns for similar work, and Mr. Carroll replied that comparisons have been made several times but he has not made any. The Chairman said he knew it was difficult to do. Mr. Carroll said that comparisons are odious be- cause every town is different. Mr. Adams asked if he had lost any men, or would be likely to lose any, because of the wage scale, and Mr. Carroll replied that he has lost two in the Park Department because of inadequate salaries and he does have difficulty in hiring good laborers for the start- ing rate. Mr. Carroll explained that the Public Works De- partment yearly salary is substantial. If the work is there, it has to be done and it must be done on overtime, but if the work is not there, the salaries are too low without the overtime. He said he could not see the amounts paid for the clerical help. He reported that he cannot get good girls for the amount of money being paid. The Chairman asked if he would ma any distinction as to the amount of raise to be given the laborers as compared to the office help. Mr. Carroll said the girls in his office are under- paid. He said the men in the Public Works Deparnent are getting adequate total yearly wages, but they are not getting adequate hourly wages and they are not pro- tected; without overtime, they are underpaid. He said 1 323 the average wage is about $1.75, and some of the men who have been working for the town for years and are good workers, are getting $1.76 an hour. He said he thought the men would rather have a substantial increase than to have to work overtime. He said he would have to increase the number of men. Mr. Carroll said the Public Works Department is understaffed and he was thinking about maintenance. He advised that there has been no preventive maintenance done for years and none is being done because there are not enough men to spare for any maintenance program. He said he did not believe he ever received a complaint about the men standing around. Mr. Ferguson asked if at the present wage levels he could or could not hire enough men, and Mr. Carroll replied that he did not know if it is the low initial salary or not, but he cannot get the men. Mr. Ferguson asked what contractors were paying for just a laborer, and Mr. Carroll replied $2.54 per hour. Mr. Ferguson said that the men have paid vacations and work fifty-two weeks a year. The Chairman asked if it was necessary to have much overtime in the winter other than for snow plowing, and Mr. Carroll replied that it depended on the winter. He said when he first started to work here, the men did not work Saturdays because there wasn'p the work. Mr. Carroll said he also felt the janitors were underpaid and said Mr. Dailey should be paid $5.00 an hour because the compliments on the appearance of the Police Building are fantastic and he does a wonderful job. He said he would recommend one or two merit in- creases in the Engineering Department in addition to a general overall increase. Mr. Carroll said he felt merit increases should be given regardless or any overall increase. The Chairman said as he understood it, Mr. Carroll felt that there should be a general increase principally because of the cost of living increase and in addition to that, there are certain merit increases he would like to recommend, including people in the Engineering Depart- ment, custodians and the clerical help should be above and beyond the merit increases. Mr. Carroll said he did not think the fringe bene- fits were spelled out too clearly. M. Adams asked if he would recommend a personal policy and Mr. Carroll replied in the affirmative. 324 Sxecutive Session Mr. Ferguson pointed out that once the policy is carefully spelled out, there may be individuals who would take advantage of it. Mr. Carroll said he felt a Department head could misuse the present policy. He also raised the question of time off for deaths in families. He said he could do what he thinks is fair to the Town and to the individual, but if another Department head is too liberal, it places him in an undesirable position. Mr. Ferguson felt that Mr. Carroll would be better off under the present system, and if he feels tht some- one is taking advantage of the situation, it can be brought to the attention of the Board. He suggested some of the Department heads getting together and recommend what they would like as a few basic rules. Mr. Adams said he felt the time has arrived when there must be some general understanding, and he thought all the Department heads should be included. He said there is also the question of overtime in the Fire and Police Departments because some of the men receive more in overtime than the Chiefs do. He said perhaps a Person- nel Board is the answer. Mr. Ferguson said he did not think a Personnel Board 1s the answer yet. He said Mr. Carroll just wants a few basic rules for everyone to operate under and then the Department heads can use their own judgment. It was agreed that Mr. Carroll, Mr. Palmer and Mr. Cronin should consider the subject and recommend what they would like as a few basic rules. Mr. Carroll retired at 9:03 P.M. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- cussing, deliberating or voting on a matter which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. The Appropriation Committee met with the Board, and a discussion was held relative to a financial and salary policy for 1960. The Appropriation Committee retired at 9:30 P.M. A short discussion was held relative to the request received from the Board of Appeals, through Tows Counsel, for Special Counsel to represent that Board in the matter of the appeal taken by the Planning Board. Mr. Stevens retired at 10:00 P.M. 1 1 Upon motion duly made and seconded, it was voted to resume the open meeting. Report was received from George W. Forten, Dog Officer, of his doings as Dog Officer for the months of July, August and September. The Chairman read a letter fromMr. Paul F. Bartel, 3 Sunnyknoll Avenue, together with proposed additional program, for the observance of April 19, 1960. It was agreed to forward the communication to the Town Celebrations Committee. 325 Dog Officer The Chairman read a letter from Lowell A. Mayberry, attorney, 31 Mill; Street, Boston, advising that a bank- Mobile ing house in New York had requested him to make inquiry Housing as to whether the Board would allow a Mobile Housing Park Park to be constructed and maintained along Route 128 or close to it. The Board was unanimously opposed. The Chairman read a letter from Raymond E. Lewis, Adjutant, inviting the Board to attend the dedication Dedication of the American Legion's new quarters at 3 Fletcher Avenue on November 11, 1959, at 3:00 P.M. The Chairman read a letter from the Town Cele- brations Committee, addressed to Mr.Maloney, asking him to read the Governor's Thanksgiving Proclamation at services to be held at the Senior High School on Sunday, November 22, at 8:00 P.M. It was agreed to contact Chief Rycroft relative to flashing lights and temporary spotlights to be lo- cated at the Junior High School, as an accident pre- ventive measure, when Daylight Saving Time goes into effect on Sunday, October 25. The meeting adjourned at 10:15 P.M. A true record, Attest: Thanksgiving Proclamation dig •//��, ����1� ec ive lark,Selectm n X26 Minutes Jurors Budget S1 t,F;CTMEN' S MEETING October 26, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 26, 1959, at 7:30 P.M. Chairman Maloney, Messrs. Adams, Ferguson and Mrs. Morey were present. Mr. Carroll, Superintendent of Public Warks, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Upon motion duly rade and seconded, it was voted t� approve the minutes of the Selectmen's Meeting held on October 19, 1959. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. Mr. John S. Dasho, 15 Winchester Drive, and Mr. Raymond R. Withey, 42 Arcola Street, were drawn for jury duty. Mr. Carroll retired. Mr. Lincoln P. Cole, Jr., and Mrs. Gerald B. Litchfield presented the 1960 budget for the Town Celebrations Committee and retired. Mr. Carroll reported that about two weeks ago, he was told by the Mosquito Control Project superin- tendent that it appeared as though the project was going to run into a deficit. At the present time, Lexington's deficit is $1,091 and it has not been determined how far the present budget can carry the cities and towns. The superintendent would like to carry the crew in the winter to do some ditching and brushing, and if he does, he will have to get a trans- fer of something over $1,000. Mrs. Morey asked if the work would be done in Lexington if Lexington voted additional funds but the other towns did not, and Mr. Carroll replied he would not go into it on any other basis. Mr. Carroll reported that the Project will hold another meeting this week and he will bring the subject up for further Consideration at the next meeting of the Board. Mr. Carroll reported that he received a bill for $1,163.89 from Camp, Dresser & McKee, engineers, for the work on the swimming pool. In June, 1958, payment of $4,167.18 was made, and this is in ad- dition. He said there is no contract and as far as 1 327 he has been able to determine, there was no written agreement or contract with Camp, Dresser & McKee and Swimming the Town of Lexington. He explained that he has a very pool tight budget as far as the Park Department is concerned and if this bill is paid now, he will have to ask for additional funds in that budget. He suggested holding this bill until the end of the year, and the Board agreed. Mr. Carroll reported that on August 13, 1958, a con- tract was signed with Joseph Lazaro for $220,000. This was a unit price contract and there were nine different accounts from which the funds were taken to do all the work. Mr. Carroll explained that on October 19, he re- ceived the estimate of payment for September work which was $21,524 and he immediately asked the engineers to figure the amount of work done during October. That amounted to $12,500/ He then made an analysis of the contract which indicated that if the work was stopped immediately and the contract work closed out, he would need an additional $18,000 to pay for #1, the work done by Lazaro during October plus #2, his already earned retainage fees and #3, Whitman & Howard's unpaid bills. Lazaro On the basis of this analysis, he stopped the work on contract October 22. Mr. Carroll explained that he could have stopped the account and closed it out which would mean paying off Lazaro; his retaining fee would be due February 1st and there would be no funds with which to pay it. It would also be necessary to readvertise to finish Eldred Street. Lazaro agreed, if it meets with the Board's approval and the Appropriation Committee, to keep the contract open, and wait until Town Meeting. Mr. Carroll said that if he includes the $18,000 to pay off Lazaro's unpaid bill and $12,000 to finish the job at a total cost of $30,000 he will agree to continue the contract assuming he can get his earned retainage shortly after Town Meet- ing. He said the total amount of the original contract was about *2a0,000 and Lazaro has been paid so far, in- cluding the work done in October, $286,000. Mr. Stevens stated that the payment has gone over the appropriation and there is no authority to go beyond the work that has been done. It was agreed to keep the contract open and wait until Town Meeting for additional funds. Mr. Carroll retired at 8:05 P.M. Mr. Stevens reported that he had an agreement between the Town and the C om onwealth fort he water line in the access road, and it is now in order for the Board to sign. Water line 328 Hearing Water Meeting Lights Hearing Pole locations Upon motion duly made and seconded, it was voted to sign the agreement, the cost of the work to be charged to Water Construction. Mr. Stevens reported that the County Commissioners would hold a hearing tomorrow morning at 10:30 relative to the Valley Road crossing. He suggested that the Chairman and Mr. Carroll attend. Mr. Stevens reported that there will be a meet- ing Wednesday morning at 9:30 with the Air Force to discuss the water situation and he suggested that the Chairman meet with him at 9:00. Mr. Stevens retired at 8:50 P.M. and Mr. Carroll returned to the meeting. Mr. Adams suggested installing brighter lights at the Muzzey Junior High School. Mrs. Morey suggested that this school do as the other schools did and erect flood lights. Mrs. Morey said she did not betterment assessments should be betterment is completed. Mr. Carroll retired at 9:35 think bills for sent out dntil the P.M. Notice was received from the Metropolitan District Commission of a public hearing to be held November 2, 1959 at 2:00 P.M. in the Commissioner's office to dis- cuss the subject of "Proposed Improvements or extensions to the Metropolitan Water Supply System". Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/o pole, guy wire and anchor locations; all having been approved by Mr. Carroll: Webb Street, westerly side, northerly from a pointfapproxtmately 105' north of Woburn Street, -- Four poles. Hartwell Road, northeasterly side, south- easterly from a point approximately 130' southeast of Williams Road, -- Twelve poles, guy wire and anchor on the first pole. 1 329 Joseph Road, southeasterly side, south- westerly from a point approximately 15' southwest of Spencer Street, -- Three poles. Lowell Street, southwesterly side, approxi- mately 190 feet southeast of Woburn Street,-- Ope pole. The Chairman read a letter from Whiter and Greener Trusts, 50 Federal Street, Boston, who have recently submitted a preliminary plan of a subdivision on the Trunk sewer McDevitt farm at the corner of Grove and Buulington Streets. The letter requested the Board to give con- sideration to incorporating funds for the construction of a trunk line sewer in the 1960 budget. Letter was also received from the Board of Health listing areas that Board feels are in need of public Sewers sewers. One of the areas mentioned was the land to be developed by Whiter and Greener. The Chairman read a letter from the Lexington Policewomen's Association requesting an increase in wages from $100 per month to $125 per month. Salaries Mr. Adams suggested, and the Board agreed, that the Chief of Police be requested to submit recom- mendations on the subject. The Chairman -read a letter from Mr. Collins, Director of Public Assistance, advising that $3,000 is needed to pay bills to other cities and towns for assistance granted Lexington settled cases in those cities and towns. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $3,000 from the Reserve Fund to the Public Welfare Department for general relief. Application for a Certificate of Incorporation was received from the Secretary of State on behalf of Sophia Coulopoulos; the corporation to be known as The Ameriaan Society of Hematology, Inc. Satisfactory character reference having been received from the Chief of Police, it was voted to sign the statement and return it to the Secretary of State. Application for a Certificate of Incorporation was received from the Secretary of State on behalf Cert. of Ina 330 of Philip N. Poulleys, 2 Bloomfield Street, et als; said corporation to be known as the Middlesex Hellenic Orthodox Association, Inc. Satisfactory character references were received Cert. of Inc. from the Chief of Police with the exception of Mr. Leo P. Kutrubes, 12 Wheeler Road. Upon motion duly made and seconded, it was voted to send a copy of Chief Rycroft's letter to the Secretary of State and request a new application eliminating Mr. Kutrube's name as, under the circum- stances, the Board could not certify as to his charac- ter. Commission 'axis The Chairman read a letter from Roger Ernst, Assistant Secretary of the Interior, relative to appointment of an advisory commission to advise him on the development of the Minute Man National Histori- cal Park. Of the five members on the commission, one is to be recommended by the Board of Selectmen. It was agreed to ask Mr. Snow if he would be willing to serve on the Committee and discuss the sub- ject further next week. The Chairman read a letter from Chief Rycroft recommending appointment of John J. Carroll, Superin- tendent of Public Works, and Charles E. Jefferson as Special Police Officers. Upon motion duly made and seconded, it was voted to appoint Mr. Carroll and Mr. Jefferson as Special Police Officers for terms expiring March 31, 1960. Mr. Adams mentioned the taxi stand at Emery Park and said that the arrangement is not working out and will not work out. He said his only sug- gestion was to have both proprietors in and dis- cuss the matter. The Chairman said that the Town is not sup- posed to set up a business on a public way. Mr. Adams said that the stand itself is all right but the other cars are now parking in parking spaces. Mr. Adams reported that the second British cannon was placed on a parcel of land situated at the corner of Warren and Washington Streets, now owned by Mr. British John H. Hinchliffe, 4 Washington Street. He said Mr. cannon Hinchliffe does not want to give this parcel to the location Town, but .he would be reasonable. He said he thought the land should be reserved by the Town or otherwise. 1 331 It was agreed to forward the information to the Lexington Historical Society and ask for its recom- mendation. Upon motion duly made and seconded, it was to appoint the following individuals as Special Officers for terms expiring March 31, 1960: SPECIAL POLICE COMMISSIONS Expiring March 31, 1960 Acheson, Eugene A. Allen, Charles D. Allison, Howard'D. Anderson, Carl Baker, Ramon C. Ballou, Sidney R. Barrett, Elliott J. Beauchesne, Joseph Bickford, Walter E. Brunn, Ewart M. Butler, Lawrence M, Cabral, Joseph E. Calhoon, Albert J. Carroll, James J. Carroll, John 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 P1 Greening, Gaywood Gazan, Samuel E. voted Police 2634 MassachusettsAvenue 4 Paul Revere Road 15 Utica Street 41 Le dge lawn Avenue 14 Stratham Road 2013 Massachusetts Avenue 15 Donald Street 36 Adams Street 82 Waltham Street 40 Dowling Road 24 Woodland Road 47 North Street 104 Simonds Road 17 Muzzey Street Town Office Building 54 Chase Avenue 794 Massachusetts Avenue 16 16 1722 77 12 Stratham Road Stratham Road Massachusetts Avenue Baker Avenue Patriots Drive 41 Preston Road 25 Adams Street 36 Albemarle Avenue 41 Outlook Drive 10 Plainfield Street 18 Middle Street 21 Crescent Hill Avenue 688 Marrett Road 112 Bertwell Road 332 SPECIAL POLICE Howie, Colin A. James, Henry T. Jefferson, Charles E. Jenson, Edmund M. Johnson, Joseph S. Jones, Cecil Josephson, Harold W. Rakes, Edward G. Kleinberg, Edward F. Krevis, Edward Lamont, John Lannquist, Arthur Lewis, Raymond E. Linfield, Arthur R. Licciardi, Frank G. MacDonald, Charles Marcus, Hymen Martin, Clifford M. MacLean, Ralph D. Melquist, John Merz, William F. Moloy, Charles E. Moretti, Joseph A. Murphy, L. Francis Myatt, Robert Nickerson, Benjamin Palermo, Victor Pierpont, Wilfred D. Jr. Polley, John D. Prescott, Robert Purinton, Richard M. Redmond, James Reed, Haskell W. Reilly, John F. Richards, Randall W. Richardson, Earl W. Ritter, Julius C. Rogerson, William G. Rosendorn, Louis Rossi, Anthony J. Ruocco, Louis Ryan, William J. COMMISSIONS (CONTtD.) 14 Scotland Road 28 Vaille Avenue 8 Alcott Road 46 Fern Street 51 Spring Street 36 Woburn Street 33 Liberty Avenue 44 Locust Avenue 41 Moreland Avenue 26 Preston Road 11 153 11 58 26 Spencer Street Shade Stree t Hancock Street Oak Street School Street 21.E Bernard Street 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 Sunnyknoll Avenue 81 Gleason Road 20 Avon Street 1.. Taft Avenue 189 Wood Street 6 Forest Street 12 Oakland Street 7 Dunham Street 72 Lowell Street 3 Downing Road 6j Farmcrest Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 50 Fottler Avenue 2 Wheeler Road 28 Theresa Avenue 21 Grant Place 1 SPECIAL POLICE COMMISSIONS (CONT'D. ) Samuels, Frank T. Jr. Saunders, Robert W. Schofield, Clessan G. Sellars, John A. Seymour, Cyril V. Shaw, James C. Slader, Frederick Smith, Edward C Smith, Walter C. Jr. Sorenson, Axel Turner, Gerald C. Walsh, James V. Webb, Edmund A. Wilson, Davis S. Jr. Wright, Glenn Young, Stanley R. Zittell, George S. Zitso, Peter 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 The meeting adjourned at 10:55 P.M. A true record, Attest: 333 334 'Minute s Cox request for water SELECTMENtS MEETING November 2, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 2, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 26, 1959. Mr. Samuel P. Snow met with the Board in reference to attorney Thomas J. Hayest letter relative to a re- quest from Mary Cox for the extension of a water main to service her property at 2965 Massachusetts Avenue. Mr. Snow said that he questioned whether or not there are any town -owned water lines in the vicinity of this property because he understl od they were in- stalled by a developer. He said he understood that the mains adjacent to the property are privately owned and laid in paper streets and that the entire area is within the Minute Man National Historical Park. Mr. Stevens advised that the Board could ac- knowledge Mr. Haye s t letter and state that the Town does not have a water line immeditely adjoining the property and the Board feels that it would not be a proper expenditure of town funds to put a line in when, as the Board understands it, the property is to be acquired in the near future for a park. Mr. Haye s t request for a copy of the Zoning By-law could be answered by advising him that for $1.00 he can obtain a copy from the Building Inspector. Mr. Ferguson atated that if Mrs. Mox is willing to pay the cost, and there will be no cost to the town, he would be in favor of giving her water. Mr. Carroll explained that there was no question relative to money, but there was a question relative to the location of the property in the National Park area. Mrs. Morey suggested that the Board adopt a policy in the area for the National Park whereby the Selectmen would not go ahead on requests of betterments of any type without first checking with the National Park Department, giving that Department an opportunity to step in at that time. Mr. Carrolagreed and said that if such a policy is adopted in this particular case, the people should be told, and the Board should detain an answer from the Park Service. The Chairman said if the Board felt the National Park Service should be notified, he thought there should be a time limit set for a reply. Mr. Carroll said if the Park Service gives an answer that it cannot make a taking at this time, he recommended granting Mrs. Cox's request for water. Mr. Adams pointed out that the town would be entering and digging up land of the people who own the street, without even notifying them. Mr. Stevens advised that the town has no right to go into a private street and make a connection. Mr. Snow retired at 8:20 P.M. The Chairman stated that he personally felt a decision should be made on each case as it came up. It was agreed to advise Mr. Hayes that the Board will write the Park Service for an immediate reply as to whether or not a taking is to be made, and if a taking is not going to be made, the town will consider Mrs. Cox's request for water further. The Chairman read a letter from Murray Hi]ls, Inc., inquiring about authorization for closing Robinson Road from Grove Street, Lexington to Route #3, Burlington. Mr.. Stevens reported that the Planning Board had received a similar letter and will ask the corporation for the book and page numbers where the order is re- corded. It was agreed to advise the corporation that the letter has been referred to the Planning Board. Mr. Stevens reported on the George C. Smith case, and upon motion duly made and seconded, it was voted to authorize Mr. Stevens to settle the case for $750, and if rejected, the case is to be tried. Mr. Stevens retired a,t 9:15 P.M. Mr. Carroll reported that a Mr. Chiacca is build- ing a house at 133 Bloesem Street near Route 2. The application for a building permit was filled out and Mr. Chiacca applied for a water service. When it was called to Mr. Carroll's attention that no water was available, he investigated and found out that the appli- cant had checked the application indicating that water 835 Grove Street Smith case 336 1-4 Chiacca's request for water Nelson's bewer bet- terment was available. Mr. Carroll said he thought Mr. ''hiacca actually believed Town water was available. He explained' it was agreed to put the service in and Mr. C hiacca would pay whatever it cost. However, the service will cost between $750 and $1,000 and the account is running very close. If he pays for it, the money will not be credited to the account, but go to the Excess and Deficiency Account. The Board recalled that this individual had requested the Fire Department to fill his swimming pool this summer and was, therefore, fully aware of the fact that water was not available. It was agreed, inasmuch as the construction hm not gone too far, and Mr. Chiacca knew water was not available, not to grant the request for an extension until funds have been appropriated in the spring. The Chairman read a letter from John C. Nelson, 136 Cedar Street, requesting abatement of a sewer better- ment assessment levied against lot 81 Hamblen Street. Mr. Carroll presented a plan of the Nelson pro- perty and explained that Mr. Nelson was assessed on Cedar Street and at a later date, when sewer was in- stalled in Hamblen Street, he was also assessed for a triangular parcel of land fronting on Hamblen Street. He explained that Mr. Nelson is deriving no benefit from the Hamblen Street sewer and recommended that the assessment be abated. It was agreed to advise Mr. Nelson that if he will combine his property into one legal lot, and have a plan recorded, the Board will consider an abatement of the sewer betterment assessment on Hamblen Street. Letter was received from the Arlington Board of Selectmen relative to providing adequate drainage for Golden Avenue. Under the proposal suggested by the Golden Ave. Arlington Engineering Department, 500 linear feet of drainage drain pipe would be laid in the Concord Highway and would be entirely within the limits of Lexington. The Selectmen felt that the drainage system would bene- fit residents of both Towns and concluded therefore that both Towns should participate in a proportionate share of the east, Lexington's share to be 06,380. Mr. Carroll presented a plan of the area and indicated where he thought the drain should' be lo- cated if the Board feels any obligation to the people involved. He explained that the cost to Lexington would be roughly $9,000 and his personal feeling is that the residents: of Lexington would not derive any benefit. pi 1 Mr. Ferguson suggested that the Board acknowledge the letter and advise that due to the uncertainty of the relocation of Route 2 and the large cloverleaf pro- posed for that area, the subject has been referred to the Engineering Department and, in the same letter, ask about the status of the Great Meadows. The Chairman read a memorandum from Mr. Daniel A. Lynch relative to Pelham Road, water main to the new school, construction of which will start in 1959 and be ready for occupancy in September, 1960, and in- stallation of Traffic Lights at Massachusetts Avenue and Pelham Road. It was agreed to advise Mr. Lynch that the Board would like a site plan of the property and would ap- preciate it if the architect would contact Mr. Carroll, Superintendent of Public Works. Mr. Carroll retired at 10:00 P.M. Request was received from Mr. A. D'Abbraccio, 14 Westminster Avenue, for deferment of a sewer betterment assessment levied against lot 22- Westminster Avenue. It was agreed tp advise lir;. D'Abbraccio that Chapter 159 of the Acts of 1950 provides for deferments of betterments assessed on large tracts of land only, and does not authorize deferment on single lots. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of the Town of Lex- ington adopted by the Board of Selectmen October 7, 1935 and subsequent amendments thereto, be and are hereby further amended by striking out, in ARTICLE V, Section 9, parking meter zones, the following: Grant Street, westerly side, from Massachu- setts Avenue northerly for a distance of 320 feet. The Chairman read a letter Belsor, 40 Winthrop Road, reque sonic booms. She claimed that window have been cracked. It was agreed to refer the William Warrick, Installation C Bedford. from Mrs. William H. sting some relief from four ceilings and one letter to Captain ommander, Hanscom Field, 337. Grey Nuns' elementary school D'Abbraccio sewer assess- ment Traffic Rules & Regulations Complaint The Chairman read a letter from Mr. William H. Marshall in reference to the Board's letter of October Marshall's 114. regarding complaints relative to the operation of bakery 338 the bakery. Mr. Marshall advised that he has entered into negotiations for additional parking space in the areawhich will alleviate the parking problem on Grape- vne Avenue. He also agreed to pay for any damage to lawns. The Clerk was instructed to send a copy of the letter to Messrs. Robertson andH:unppi. Further consideration was given to appointment of someone to serve on the advisory commission to advise the Secretary of the Interior on the develop - Advisory ment of the Minute Man National Historical Park. Advisory Commission( The Chairman reported that Mr. Snow is not in Commission a position to accept appointment because of com- mitments to or with the National Park. It was guggested that Mr. Tucker, Mr. Jaquith and Mr. Worthen be nominated, in that order, or a member of the Planning Board. The Chairman agreed to discuss the subject further with Mr. Snow. Mr. Ferguson mentioned the twenty-five mile per hour traffic sign at the Common and said he did not Traffic think that particular location was appropriate. It Sign was agreed to refer the subject to the Traffic Study Committee for consideration and recommendation. 1 Traffic Report of a meeting held by the traffic Study Committee on October 27, 1959 was received. At that meeting, Mr. Snow reported that the Planning Board questioned his being on the Committee. It was agreed to explain to the Planning Board how the Committee was established and advise that it will not be necessary for Mr. Snow to attend all meet- ings, but on occasions, it may be desirable to ask his opinion. Upon motion duly made and seconded, it was voted to instruct Mr. John Carroll to request the State Depart- ment of Public Works to erect "No Parking" signs from Waltham Street to Kendall Road. Upon motion duly made and seconded, it was voted to request Mr. John Carroll to determine whether or not Park Drive is a street and if it can be incorporated in the Traffic Rules and Regulations. If so, parking is to be limited to one side and, upon approval, No Parking signs are to be erected. Upon motion duly made and seconded, it was voted to instruct Mr. John Carroll to have the stop lines at all Stop signs painted. Upon motion -duly made and seconded, it was voted to amend the Traffic Rules and Regulations prohibiting parking on either side of Depot Place, and to limit parking on Slocum Road to one side, the Chief of Police to determine which side. Mr. Adams reported damage to the center playground caused by cars deliberately driven over the grass. Mr. Ferguson suggested, and the Board agreed, that the Chairman find out what information the Dhief has relative to rules governing the playground and discuss the subject with Town Counsel. The Chairman read a letter from Mr. Arthur E. Burrell, Director of Civil Defense, relative to ap- pointment of Civil Defense personnel. Upon motion duly made and seconded, it was voted to rescind all votes made prior to November 2, 1959 appointing individuals to serve on Civil Defense. It was further voted to make the following ap- pointments, for terms expiring March 31, 1960, to the Civil Defense Department. CIVIL DEFENSE APPOINTMENTS Expiring March 31, 1960 Director 1st Deputy Director 2nd Deputy Director Engineering Officer Fire Service Officer Medical Officer Public Information Officer Transportation Officer Water Service Officer Welfare Service Officer 339 Playground damage Civil Defense Arthur E. Burrell 102 Gleason Road Harold E. Roeder 6 Churchill Lane Robert M. Soule 10 Hancock Avenue John J. Carroll Public Works Dept. Bernard J. Belcastro 174 Wood Street Mark D.Lurvey Harry F. Howard Wm. P. Fitzgerald John J. Carroll James E. Collins 94 Gleason Road 65 Liberty Avenue Public Works Dept. 14 Curve Street Discussion of the salary analysis, submitted by the Town Accountant and signed by Mr. Shaughnessey of the Salariee Appropriation Committee, was held over until the next meeting of the Board. The meeting adjourned at 10:55 P. M. A true record, Attest: tiv�%Clerl Selecen. 340 Minutes Juror SELECTMEN'S MEETING November 9, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 9, 1959, at 7:30 P.M. Chairman Maloney, Messrs. Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 2, 1959, subject to clarification of the discussion pertaining to request for extension of a water main to service property at 2965 Massachusetts Avenue, owned by Mrs. Mary Cox. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror, Mr. Eugene F1ewelllng, 22 Locke Lane, was drawn for jury duty. Mr. Carroll retired at 7:33 P.M. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company to locate nine j/o poles on Pole Winter Street. Notice of the hearing was mailed to locations all abutters as they appear on the most recent local tax list. Mr. Mahon, representing the Boston Edison Company and Mr. Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Mr. Consilvio explained that the petitioners desire to relocate the poles and Mr. Carroll reported that the relocation has been necessitated as a result of constructing Winter Street. 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: Winter Street, northwesterly side, north- easterly from a point approximately 124_5 feet northeast of Rangeway,-- Seven poles. Winter Street, northwesterly side! approxi- mately 180 feet southwest of Grove Street, -- One pole. 1 Winter Street, southeasterly side, approxi- mately 25 feet southwest of Grove Street, -- One pole. (Ten existing j/o poles to be removed.) Mr. Stevens brought up the subject of water supply from Lexington to the United States Air Force in Bedford and it was agreed to advise the Air Force that it is necessary for the Town to work out an agreement with the M.D.0 . and therefore must know if the Air Force is going to participate as outlined in the Board's letter. If no reply is received by a certain date, the Board will assume that they do not intend to participate and will proceed on that basis. 341 Water Petition was received from the Boston Edison Com- pany for permission to locate four poles on Henderson Road. The proposed locations having been approved by Mr. Carroll, it was voted to grant the petition and sign the order for the following pole locations: Pole locations Henderson Road, northerly side, westerly from a point approximately 130 feet west of Burlington Street, -- Four poles. Petition was received from the New England Tele- phone and Telegraph Company for permission to locate three poles and a conduit on Marrett Road. The pro- posed locations having been approved by Mr. Carroll, it was voted to grant the petition and sign the order for the following pole and conduit locations: Marrett Road (State Highway #2) southerly side, westerly from Station 65+69, -- Three poles. Marrett Road (State Highway #2) southerly side from Station 63+21 at Waltham Street, westerly approximately 360 feet of conduit. Petition was received from the Boston Edison Com- pany for permission to locate four poles on Edison Way. The proposed locations having been approved by Mr. Carroll, it was voted to grant the petition and Pole sign the order for the following pole locations: locations 342 Maintenance of play- grounds, driveways & Roads -- Schools Edison Way, northeasterly from a point approximately 25' northeast of Massachusetts Avenue, -- Four poles. Mr. Stevens retired at 7:48 P.M. The Chairman read a letter from Mr. Donald T. Clark, Chairman of the Lexington School Committee, relative to proposed agreement, a copy of which was enclosed, for the maintenance of playgrounds, drive- ways and roads surrounding school buildings. Mr. Carroll reported that he and Mr. Spiris discussed this subject again today and %reed that the word "playground" in the agreement should be changed to read "ball field". He said that there are about ten acres of land at the William Diamond Junior High School and he told Mr. Spiris that he did not want to, and was not going to, maintain the entire area nor was he going to maintain the entire area at the Fiske Schocl. He said the Park Depart- ment should confine itself to the athletic fields. He reported that the area at the William Diamond School is much larger than the Center playground, and even though the Park Department just assumes the maintenance of the ball fields at the various schools, it will mean an increase of at least $5,000 plus a gang mower at a cost of $6500. He sgid, how- ever, that if the Park Department assumes the com- plete maintenance of these areas, the budget will be increased $20,000 or $25,000 in one year or even more depending on how extensive the area will be. He said he thought the School Department would have to pur- chase a mower too because there will be grass areas for that department to cut. He reported that he ad- vised Mr. Spiris he would not maintain the entire area. Mr. Adams asked if Mr. Carroll would take care of the athletic fields as they are built, and he replied in the affirmative. Mr. Carroll said that the areas are purchased for school and recreation areas, and Mr. Spiris raised the question as to who will cut the grass in the summer, and Mr. Carroll's reply to him was that he did not know. Mr. Ferguson asked if Mr. Carroll objected be- cause his Park Department budget would be indreased substantially, and he replied that is one objection. He said that if the Park Department assumes the re- sponsibility for the maintenance of these areas with- out having them fully developed at this time, then each year the Recreation Department or the School 1 343 Department may add something which will add to the main- tenance problem. Mr. Ferguson pointed out that whatever is done to develop these: areas comes back to the Selectmen, and he asked what the school could do to them. Mr. Carroll replied that they are for school and recreation use. Mrs. Morey explained that if the School Depart- ment decides it wants a football area, it can put it any place. Mr. Carroll stated that if it were decided that the Park Department would maintain all these areas except the area just around the school, the budget would be almost double what it is now in only one year. Mr. Adams said thAt whoever maintains the areas, the cost will all be paid for by the Town. Mr. Carroll explained that the maintenance of the 400 x 400 area because it has a diamond in it would be about half of the maintenance of the entire maintenance, butas the use of the field becomes more complicated, it becomes more complicated as far as maintenance is concerned;.. The Chairman said he thought the responsibility of the areas should be spelled out. Mr. Ferguson asked why the Park Department could not maintain the entire areas and Mr. Carroll replied that it would mean hiring eight or ten more men. He said Mr. Spiris thought the School Department should purchase a mower. Mr. Adams asked if there would be enough work for two gang mowers, and Mr. Carroll replied in the affirma- tive. He explained that Mr. Mazerall feels that the fields should be mowed once every four days. Mrs. Morey asked how much of the thirty-five acres was going to be left untouched and Mr. Carroll replied that as far as he could see, nothing would be left. The Chairman suggested that Mr. Carroll try to work out a solution with M. Spiris. Mr. Carroll said he would prepare a general plan. It was agreed that Mr. Carroll would try and work out something for this year and discuss the subject further with Mr. Spiris. The Chairman read a letter, signed by Mr. Thorhton S. Cody, 8 North Street, and Mr. Carl H. Bolter, 51 North Street, requesting the Town to paint a solid white line down the middle of North Street from #36 to #80; 344 Swenson's sewer Bet- terment deferred Monuments Incinerator Sale of voting booths Asst. Animal Inspector erection erection opposite Mr. of a snow fence from #51 to #66, and the of an elevated sign warning of children, #31. Carroll agreed to take care of the requests as outlined in the letter. The Chairman read a letter from Mr. Henning W. Swenson, 170 Marrett Road, requesting deferment of a sewer betterment assessment in tl-1 a amount of $910.28. Mr. Carroll presented a plan, indicated thn pro- perty involved and recommended that the request be granted. 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 the sewer bet- terment assessment in the amount of $910.28 levied against Mr. Swenson's property, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the sewer are used for said land or any part thereof. The Chairman read a letter from Mr. Edwin B. Worthen, Jr., relative to the various monuments and tablets marking the places of historic interest in the Town, with particular reference to the lettering on the monument near Bloomfiled Street. Mr. Carroll agreed to maintain these monuments and paint the lettering black so that it will be legible. The Chairman read a letter from Fay, Spofford & Thorndike, Inc., offering their services as consult- ing engineers in the event the Town decides to con- struct a municipal incinerator. Mrs. Morey suggested including the information with the dump report. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that the Town of Needham is interested in.;purchasing ten old-style double voting booths which he has on hand. It was agreed to advise Mr. Carroll to negotiate for the sale of the booths. The Chairman read a letter from the Board of Health with reference to Dr. Benton's budget, re- qu,Jsting an additional $100 per year for an Assistant Animal Inspector. 1 1 The Chairman reminded the Board of the invitation received Some time ago, to attend the dedication of the new Legion heddquarters, 3 Fletcher Avenue, on November 11 at 3:00 P.M. The Chairman read a letter from the Veterans of Foreign Wars inviting the Board to participate in the observance of Veterans' Day, November 11. Six invitations for printing 700 copies of the 1959 Annual Town Report were sent out and only one bid was received. Letter was received from the Rapid Service Press stating th^t they doubt if they could handle the work at this time and at a price that would meet competition; therefore they refrained from bidding. The Somerville Printing Company submitted a bid of $5.35 per page for 700 copies of the 1959 Annual Town Report and $3.20 per page for 250 copies of the School Report. Upon motion duly made and seconded, it was voted to accept the bid submitted by the Somerville Printing Company, Inc. Mr. Carroll reported that Mr. Mazerall had in- quired about placing the creche on the Common this year, and said that there had been some criticism last year because it was not erected. Creche The Chairman reported that some of the work will be done by the Rotary Club and it was agreed that Mr. Carroll was to have it erected if anyone called him about it. Mr. Carroll mentioned installation of parking meters in the municipal parking areas and reported that it involves about 224 meters. He talked to the supplier and there is a flat rate per meter for Parking installation, amounting to about $16,000 which can meters be paid for in a lump sum at 5% discount. Mr. Adams said that originally the method of payment involved no capital expenditure. It was agreed that Mr. Carroll should include an item in his budget as a lump sum. At 9:00 P.M., Messrs. Clark, Bair, Spiris and Blai3dell met with the Board. Mr. Clark explained that he would like to dis- cuss salaries is-cuss'salaries for secretaries, custodians and non teaching personnel. He said that before actually 345 Town Report 346 talking specifically about salaries, the group would like to have a general discussion. He stated that the Committee has tried to develop a framework of a schedule Custodians classification plan but has not at any point selected salaries people in relation to this. He explained that the custodians have come in again with a request which has not been discussed by the committee. The Chairman said that according to information the Selectmen received from one or two members of the Appropriation Committee, the Lexington Schools pay $4500 per year and the average pay in other communi- ties would be $4396. Mr. Spiris reported that the average salary for a regular custodian is $4108 or $79 a week. In Lex- ington, custodians in the same category receive $3952. Mrs. Morey inquired about the number of steps in the school schedule and Mr. Spiris replied that there are five. Mr. Spiris reported that the head custodian at the High School is paid a minimum of $80 and a maximum of $92. The headcustodian at an elementary school is paid a minimum of $70 with a maximum of $82. A regular custodian, under the direction of a head custodian in a school is paid a minimum of $64 with a maximum of $76. He explained that there are two other categories. The head custodian at a Junior High School with four men under him is paid a mini- mum of $75 with a maximum of $87 and the maintenance men receive a minimum of $75 with a maximum of $90. The Chairman asked if the Committee had any idea of the changes it would like to make and Mr. Bair replied that the custodians have asked for substantial increases. The School Committee has not been able to discuss this in detail but will discuss it at a meeting on Wednesday. The Chairman askedhow much of an increase was requested, and Mr. Spiris replied they want $10 a week for the regular custodians and $14 a week for the head custodians and maintenance men. He said it seemed to him, based on last year's salaries, that Lexington is about 6$ to 8% below the averages of the communities to which the comparison has been made. The Chairman explained that the Board has not discussed salaries, but in fairness to the entire group, should try to arrive atsome plan. Mr. Adams asked if the school custodians were paid overtime and Mr. Spiris replied that they are paid fees by individuals or groups using the school buildings. They are paid $2 more for working after six o'clock. 1 347 Mr. Clark explained that there may be differences in totals of pay rates because of the different kind of responsibility but the terms of sick leave, vacation etc., should be on a common basis. Mr. Spirts stated that the custodians have the same vacation plan as other Town employees. Be said what is being attempted is, to come up with something that seems to be equitable to all concerned so there will be a schedule and then fit the people to that schedule. He said that if during a certain time of the year the Committee feels that an individual de- serves an increase, it would give it to him and if it sees the need for holding a competent individual, the Committee will have to double the increase. He explained that increases have been given to people on Chair anniversary date of employment, but the Committee is going to try and make them effective July 1st. This may mean that some people would not receive their increase at the time they usually would. Mr. Bair asked if the Selectmen had reached any conclusion as to what they plan to do, and the Chairman replied that the Board has not discussed salaries. Mr. Clark asked if the School Department should be taking care of the lawns at the Junior High School and should the tractor and mower be in the school budget or in Mr. Carrollts budget. The Chairman explained that the Board has come to the conclusion that sthletic fields would be de- fined as athletic fields and the Park Department would take Aare of athletic fields as such and school play- grounds would be taken care of by the School Department. Mr. Spiris said that it must be recognized that even if Mr. Carroll takes care of the athletic field, there is much mowing to be done and something will have to be included in the budget for this. Mr. Bair suggested that instead of defining it as athletic fields or playgrounds, it should be defined as those areas that can be cut with big machines, should be cut with big machines. Mr. Carroll pointed out that there is an area at the Harrington School that would be cut by a large mower, but the Park Department does not cut that area now. The Chairman asked if the School Department has use for a gang mower bther than the William Diamond Junior High School, and Mr. Spiris replied that if it was not for the William Diamond, they would not need it. Mr. Adams said rather than athletic fields, it should be areas that are going to be used in the summer 348 High School Outdoor athletic areas by the Recreation Committee. He said he did not think the Town should purchase a $6500 machine to be used on vacant land. Mr. Bair said he thought William Diamond field would be used more in the summer than is now antici- pated, and he suggested moving the athletic teams out to William Diamond. Mr. Adams suggested that Mr. Carroll and Mr. Spiris prepare some plans and that the subject then be re- viewed again. Mr. Spiris reported that there is some concern about athletic facilities for the High School outdoor areas. There is not sufficient space for the girls' field hockey, and for two years Mr. Abell has been looking to the development of additional areas. He stopped thinking in theseterms when Worthen Road was going through. He set up a meeting with Mr. Steele and Mr. MazeraL:'.and tried to point out what the athletic facility needs were going to be. He said he thought this started from the skating rink in behind the High School that never developed and before any- thing is done with that area, there has to be some engineering work done. The next step was to meet with the Appropriation Committee, Selectmen, Recreation Com- mittee and Planning Boa d to see if this is the time to make definite plans for engineering for High School athletic fields. Mr. Bair explained that recommendations were made to do certain things to certain fields and he refused until there was some overall plan. He consulted Mr. Snow who gave him 'that plans he had. In the meantime, Mrs. Wanless came in to discuss the Recreation Com- mittee problems, and she too was concerned. He said he could not see building a field here and taking it out two years from now so he told Mr. Abell he would not approve anything until such time as some overall plan had been worked out. Mr. Clark explained that Mr. Steele asked the School Committee for $1200 or $2,000 to engage .n in- dividual who would work lander Mr. Snow's guidance to take a look at the present facilities, flture possible facilities and plan now. The School Committee said this would be taken up with the Appropriation Committee and the Se]e ctmen. Mr. Clark said he was concerned himself as to what authority the School Committee had to engage someone to work under Mr.Snow's guidance. Mr. Bair said the School Committee thought this should be done now before it is too far involved in spending money on that area, and that Mr. Snow might get a -student whom he could guide. Then any planning done would not conflict with the total overall program. 1 349 Mrs. Morey asked if this was involved with the overall drainage of the area, and Mr. Carroll replied that he thought a study should be made of where things are going, but there isn't much that can be done as far as drainage is concerned. Mr. Clark said he thought the money should be ap- propriated, and under the direction of Mr. Snow, come up with some land use map for the area and then arrange a meeting with the School Committee, Planning Board and Recreation Committee. Then at least a guide of the use of that land in the future can besadopted. He stated that there are no funds in the school budget for this purpose and asked if the Board thought it should wait untilTown Meeting or ask for a transfer. Mr. Carrollreplied that it depends on how urgent Mr. Abell needs it for next year. He said he did not think anything should be done too hurriedly. Mr. Ferguson asked if the study would be limited to the Parker Field area and Mr. Adams replied in the negative stating it would be an overall study. He said the Central playground would ntbe there as it will be taken up by schools. Mr. Carroll said he did not think there would be time enough to have the land use map prepared before Town Meeting and by the time the money is made available, someone engaged and meetings of the groups, it will be long after Town Meeting time. Mr. Adams pointed out that the Town is faced with a decision because the Hayden Foundation wants an answer. It was agreed to request the Appropriation Committee to transfer the sum of $1200 from the Reserve Fund to the Planning Board account for the purpose of engaging the Transfer services of a graduate assistant to work under Mr.Snow's direction in designing a central school park proposal. The group retired at 10;10 P.V. An informal discussion was held on the subject of the dump and Mr. Carroll's report. The meeting adjourned at 10:55 P.M. A true record, Attest: r xeo tive lerki Select P1� 350 SELECTMEN'S MEETING November 16, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 16, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs.Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on November 9, 1959. Mr. Ferguson mentioned the efficiency of the Police Chief of Police and Officers in preventing poten- tial problems due to the record attendance at the Cary Lecture last Friday night. Upon motion duly made and seconded, it was voted to send a letter of commendation to Chief Rycroft. Mr. Stevens retired at 7:47 P.M. The Chairman read a letter from Mr. William L. Spiers, Jr., 185 Lowell Street, relative to the in- stallation of a sidewalk on Lowell Street, near the Arlington line. Mr. Carroll suggested that the request be in- cluded in the list of sidewalks to be considered for next year. He reported that he had received a long list of sidewalks the School Department would like Sidewalk to have installed. It was agreed to send a copy of the letter to the School Committee and ask for its comments on this particular location and to advise Mr. Spiers that his request will be considered wtnn the side- walk budget for 1960 is being prepared. A verbal request was made by Mr. Jesse Sousa Sousa for abatement of sewer betterment assessments levied Sewer against lots 137 and 138 Eastern Avenue. betterments Mr. Carroll presented plans and explained the location of the lots, the sewer andMr. Sousa's house. He explained that if ten feet of the adjoining lot 136 were acquired, a buildable lot could be realized and he could see no justification for abatement. The Chairman asked if Mr. Sousa now had a build- able lot, and Mr. Carroll replied thst theoretically 1 1 he does, but froma practical point he does not unless permission is obtained from the Board of Appeals. Upon motion duly made and seconded, it was voted to deny Mr. Sousa' s request for abatement of the sewer betterments assessed on lots 137 and 138 Eastern Avenue. Mr. Carroll presented a utility site plan of the property owned by the Grey Nuns. The Chairman explained that Mr. Lynch had the same plan the morning he discussed Pelham Road, but it does not contain any information relative to the road. Mr. Carroll said that if Pelham Road is extended and paved, the 12" water line should be installed for the distance the road is paved, and he intends to write the architect in an effort to determine what his plans are. Mr. Adams said that there are two questions; the acceptance of Pelham Road for whatever distance is neces- sary,'and the installation of the water main. It'was agreed that Mr. Carroll should contact the architect and arrange a meeting for him to discuss the subject further and then report to the Board. Mr. Carroll reported that C. Jiustino, Inc., was the low bidder on the Itek sewer project and he re- ceived a letter from Whitman & Howard recommending that the contract be awarded to Jiustino. Npon motion duly made and seconded, it was voted to award the bid for Trunk Sewers, Contract #9 to C. Jiustino,Inc., Who submitted the low bid of $109,301. Mr. Carroll retired at 8:07 P.M. 151 Pelham Road Sewer bid Upon motion duly made and seconded, it was voted to approve the following j/o pole locations and sign Pole the orders; all having been approved by Mr. Carroll: locations Sherburne Road, southeasterly side, southwesterly from a point approximately 100 feet southwest of V.inabrBok-- Five (5) poles. Nichols Road, southeasterly side, southwesterly from a point approximately 75 feet southwest of Blake Road, -- Five (5) poles. Bernard Street, southeasterly side, northeaterly from a point approximately 25' northeast of Bedford Street, -- Nine (9) poles - guy wire and anchor on the 9th pole. 352 Longfellow Road, southwesterly side, southeasterly from a point approximately 160 feet southeast of Burlington Street, -- Eight (8) poles. Milk Street, northeasterly side, southeasterly from a point approximately 115 feet southeast of Carley Road, -- Five (5) poles. - Donald Street, southeasterly side, northeasterly from a point approximately 105 feet northeast of Ivan Street, -- Six (6) poles. Arcola Street, northeasterly side, southeasterly from a point approximately 10 feet southeast of Bartlett Street, -- Five (5) poles. Hawthorne Road, southwesterly side, southeasterly from a point approximately 101 southeast of Burlington Street, -- Six (6) poles. Harding Road, southwesterly side, northwesterly from a point approximately 80' northwest of Williams Road, -- Two (2) poles. Bruce Road, northerly side, easterly from a point approximately 25 feet east of Oak Street, -- Three 13) poles. Watson Road, southerly side, westerly from a point approximately 30 feet west of Robbins Road, -- Two (2) poles. Watson Road, southerly side, approximately 20 feet east of Lexington Avenue, -- One (1) pole. Ledgelawn Avenue, southerly point approximately 65 Terrace, -- Five (5) poles. Ledgelawn Avenue, southerly point approximately 60 Road, -- Two (2) poles. side, easterly from a feet east of Hillside side, easterly from a feet east of Hamilton 1 Ledge lawn from of Re Six Ledge lawn easte Three Avenue, northeasterly side, northwesterly a point approximately 20 feet northwest vere Street, -- 6) poles. Avenue, southerly side, opposite rly from Hamilton Road, -- (3) poles. and 353 The Chairman read a letter from Mr. L. L. Laughlin, Special Agent in Charge, advising thatSergeant Furdon Police had attended the FBI School on Police Administration from October 19 through October 30, 1959. Notice was received from the Middlesex County Selectmen's Association advising that the next meet- ing will be held on December 9 at the American Legion Hall in Bedford. The Chairman read a letter from the Stanley Hill Post, #38, Inc., American Legion, inviting the Board Legion to attend Installation of Officers on Tuesday, November 24. at 8:00 P.M. at the Legion Building, 3 Fletcher Avenue. At 8:15 P.M., the following members of the Lincoln and Concord Boards of Selectmen arrived at the Meeting; Messrs. Charles Fitts, Chairman, Elliott V. Grabill, Warren F. Flint, Harold C. Smith, Chairman, Robert E. Sheehan, Edward P. Chase, John K. Damon, John B. Finigan and Mrs. Aljean Doty, Secretary. The meeting was requested by the Lincoln Board for the purpose of discussing the National Historical Park, Airport expansion and Route 2. Mr. Fitts said that as far as Lincoln is concerned, it has its own internal problem in the Park with some 400 acres being taken over. Then there is the relocation of Route 2 and possible relocation of Route 2A in North Lincoln. He said he thought it would be a good idea to discuss plans either town has in the area of commercial development. Concord is re -zoning an area on Virginia Road and it would seem that Lincoln and Concord will have to get together. He said there are areas in North Lincoln that will be rezoned for industrial use which might affect Lexington and Concord, and the traffic re- location as it relates to Route 2 will affect the three towns.', He asked how the towns could join together with answers that will affect each beneficially. The Chairman said he thought the Park was the fore - Mee ting National Historical Park 354 most problem at the moment. There has been much dds- cussion about Route 2, but nothing has developed. He explained that members of the Lexington Board have been to Boston and seen the plans but are of the opinion that any action is quite a way off. He said the relo- cation of Route 2A has never been discussed because it is not going to happen in Lexington. Mrs. Morey said she has heard rumors, but the dis- tance in Lexington would be very short compared to the distance in Lincoln. Mr. Grabill said that if Route 2A is blocked off, it will affect Concord and Lexington, and there will not be any Route 2A within the Park. Mr. Adams said he thought Mr. Snow, Lexington's planner, would have a complete report on the master plan and it involves a substantial amount of property as it affects Lexington only. Mr. Grabill said that the traffic flow will con- cern Lexington as much as it will Concord and Lincoln. He stated that Route 2A will not be in its present lo- cation and will be taken out of the Park. The Chairman asked if Lincoln had appointed any- one to serve on the advisory commission to advise the Secretary of the Interior on the development of the Park, and Mr. Fitts replied in the negative. Mr. Smith, of Concord, explained that Concord is waiting to find out what the duties and responsibilities are before making an appointment. Mr. Fitts said he assumed that the committee would be working with the development of the Park and develop- ment evelop- ment of the national office in Philadelphia. He said Lincoln feels that the person so appointed will be work- ing for the Park Commission and has therefore appointed another committee, one that will look after the Town of Lincoln's interest. Mr. Grabill.. said that funds are not available but the planning staff is being used already and things are moving very rapidly. Mr. Adams said that the most important point is the use of the land around the Park and it could be worked out to an advantage to all concerned. He explained that Mr. Snow has done a considerable amount of work on the subject and should have something ready in March. He said he thought the Planning Boards in all the towns should be interested. Mr. James asked if it wouldbe in order for the towns jointly to set up a planning committee appointed by the Boards of the three towns and the committee re- port back to the Boards. Mr. Fitts said that there should be a liaison be- tween the three towns, maybe quarterly, and perhaps the Planning Boards could get together. He asked if there was any merit to a group or committee, such as a member Lincoln has already appointed, meeting with the Planning Boards of the three Towns on a regular basis.' The Chairman said that each Town has a Planning Board and it seems to him it takes longer to accomplish results with too many committees. Mr. Adams said that each Board could have a representative to act as a liaison. He suggested that the Board s of Se]a ctme n request the Planning Boards of the Towns to meet jointly. Mr. Fitts said if the Planning Boards could work together, he thought that would be the answer. The Chairman said that he thought an effort should be made to get the Planning Boards to work together rather than to appoint another committee. Mr. Smith said that whatever action is taken would have to be resolved with the Planning Boards anyway and perhaps those Boards might appoint some of their own members rather than have all the members attend the meetings. Mr. Adams suggested that the Planning Board be asked to meet jointly with the Lincoln and Concord Planning Boards and form a standing organization among ''themselves to solve the problems. The Chairman said that Lincoln initiated this and Lexington is ready and willing to help if it is needed. Mr. Fitts said that he would report to the Lincoln Planning Board and state that the groundwork has been made between Lexington and Concord and request that a joint meeting be held as soon as possible. The Chairman said that if either Board hears any- thing about the duties of the appointees to the advisory Commission, he would appreciate hearingabout them. The group retired at 8:55 P.M. It was decided not to make an appointment to the advisory commission which is to advise the Secretary of the Interior on the development of the Park until more information is obtained relative to what the duties and responsibilities of such an appointee are. Various miscellaneous subjects were discussed, and the meeting adjourned at 10:05 P.M. A true record, Attest: lerk,,Select 355 356 Minutes SELEC TMEN'S MEETING November 23, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 23, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams and Ferguson were pre- sent. Mr. John Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion daly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 10, 1959. Mr. Carroll reported that he is going to meet Pelham Road with Mr. Daniel A. Lynch and the architect for the Grey Nuns on December 3, 1959. Mr. Carroll reported that he attended a public hearing today called by Mr. Mark Crocker, President of the Association of the MDC Water Users. A previous meeting was held relative to the change in water rates. At another hearing held by Mr. Maloney, Commissioner of the MDC, it was decided to file a bill in the next session of the Legislature to increase the rates. On November 20, the member communities received a letter from Harold Toole stating that Mr. Maloney had met with a special commission and it was mutually agreed that the various towns and cities should file the bill MDC water and sponsor it. The member communities met today in Newton and it was voted not to file the bill to in- crease the rates as the member communities felt that the MDC was asking the various towns and cities to file this bill without having had time to study it. The group was not sure what the increase should be, although it was agreed that there should be an in- crease, and that the Special Commission or the MDC should file the bill and the group so notified the MDC. The Chairman asked if the MDC wanted the member communities to file a bill to pay the MDC more money, and Mr. Carroll replied in the affirmative. He said that each year the MDC is going more and more into debt and is having to refinance this debt each year. This year the MDC will have to refinance almost $4,000,000.00 of maturing bonds. Mr. Carroll reported that ewe of the Superin- tendents of Public Works and Water Commissioners felt PTj 1 357 that the towns had no control of what the MDC is doing. Mr. Ferguson asked if the Town was losing money on its water rates, and Mr. Carroll replied in the affirmative. Mr. Ferguson asked if the Town was losing money on the water supplied to the airport, and Mr. Carroll replied that he could not pick out that one user, but the Town did lose money last year. Perhaps another year there would not be so much capital outlay. Mr. Stevens arrived at the meeting at 7:37 P.M. Upon motion duly made and seconded, it was voted to sign a contract, presented by Mr. Stevens, with Contract C. Jiustino, Inc., in the amount of $109,301, the low bidder, for Trunk Sewers, Contract #9. At 8:00 P.M., Mr. Jesse Sousa met with the Board relative to sewer betterment assessments levied against lots 137 and 138 Eastern Avenue. Mr. Sousa had re- Sousa quested an abatement which was denied by the Board. betterments Mr. Sousa said that when his son wanted to build a house on these lots, he was unable to obtain a per- mit. He said the first lot is 50' x 52', and the other one is 50' x 57' or 60'. The Chairman said that the Board realizes the lots are small,but also felt that someone could bmild a house there. Mr. Sousa said that Mr. Murray is building in the area and would like to buy the lots. Mr. Sousa told him the lots were of no use to him and he would be will- ing to sell them. The Chairman said that if Mr. Sousa sold the lots, his problem in regard to the betterments would be solved, and if the transaction did not go through, he could come back to discuss the subject with the Board again. Mr. Sousa retired at 7:50 P.M. Petition was received,signed by seventeen resi- dents of Baskin Road and two residents of Lincoln Street, for discontinuance immediately of the dump. The subject was discussed briefly with Mr. Stevens, Dump and it was agreed to advise the petitioner that the complaint maintenance program does not include burning and any fires that may break out are accidental, the dump is covered at regular intervals and is operated in such a way that it does not constitute a nuisance. Mr. C arroll recalled that some .discussion had been held relative to closing the dump on holidays, and he 358 Dump kInsurance Pole Iladations would like to start this Christmas. He recommended closing the dump on New Years, Easter Sunday, Labor Day, Thanksgiving Day, April 19 and July 4. He said he wouldlike to close the dump on Sundays, but that would double the cars on Saturdays. The Chairman suggested inserting a notice re clos- ing on holidays in the Water Bills, and it was agreed to close the dump on the holidays as recommended by Mr. Carroll. The Chairman read a letter from the Lexington School Committee in regard to the feasibility of insur- ance to cover loss by theft of office equipment within the premises of the School Administration Building. Mr. Hill, of Brewer and Lord, was asked to express his thinking in regard to the problem and replied that a policy of this type could be issued at a cost of *27.67 per $1,000, coverage for three years. Mr Carroll said that he personally did not be- lieve anyone would break into the building next to the Police Station. Mr. Adams said he felt that the Baird should fol- low a general policy and if the contents of one build- ing are to be covered by insurance, the same coverage should be placed on all the buildings.. The Chairman asked Mr. Carroll to look into the subject further and present more information to the Board before any action is taken. Upon motion duly made and seconded, it was voted to grant the petition and sign the orders for the fol- lowing i/o pale locations; all having been approved by Mr. Carroll: (See Page 358-A) *Sherburne Road, southeasterly side, southwesterly from a point approximately 100 feet southwest of Vine Brook Road, -- Five (5) poles. Nichols Road, southeasterly side, southwesterly from a point approximately 75 feet southwest of Blake Road, -- Five (5) poles. Bernard Street, southeasterly side, northeasterly from a point approximately 251 northeast of Bedford Street, -- Nine (9) poles - guy wire and anchor on the 9th pole. Approved at Meeting of November 16, 1959 Lincoln Terrace, northeasterly side, northwesterly from a point approximately 25' northwest of Lincoln Street, -- (Five (5) poles. Spencer Street, easterly side, approximately 50' north of Joseph Road, -- One (1) pole. Spencer Street, easterly side, southerly from a point approximately 30' south of Joseph Road, Three (3) poles. Wallis Court, northwesterly side, southwesterly from a point approximately 100' southwest of Massachusetts Avenue, -- Two (2) poles. Ballard Terrace, easterly side, northerly from a point approximately 100 feet north of North Hancock Street, -- Seven (7) poles. Pine Knoll Road, northwesterly side, northeasterly from a point approximately 65' northeast of Bedford Road, -- Eight (8) poles. East Street, southerly side, approximately 780' east of Adams Street, -- Om (1) pole. (One existing JO pole to be removed) East Street, southerly side, of Adams Street, -- One (1) pole. (One existing JO pole to be Cedar Street, southwesterly side One (1) pole. (One existing JO pole to be approximately 985' east removed) at Homestead Street, -- removed.) 358-A 359 Longfellow Road, southwesterly side, southeasterly from a point approximately 160 feet southeast of Burlington Street,-- Eight (8) poles. Milk Street, northeasterlyside, southeasterly from a point approximately 115 feet southeast of Carley Five (5) (5) poles. Donald Stret, southeasterly side, northeasterly from a point approximately 105 feet northeast of Ivan Street,-- Six (6) poles. Arcola Street, northeasterly side, southeasterly from a point approximately 10 feet southeast of Bartlett Street, -- Five (5) poles. Hawthorne Road, southwesterly side, southeasterly from a point approximately 10' southeast of Burli ton Street,-- Six (6) poles. Harding Road, southwesterly side, northwesterly from a point approximately 80' northwest of Williams Road,-- Two (2) poles. Bruce Road, northerly side, easterly from a point approximately 25 feet east of Oak Street,-- Three (3) poles. Watson Road, southerly side, westerly from a point approximately 30 feet west of Robbins Road,-- Two (2) poles. Watson Road, southerly side, approximately 20 feet east of Lexington Avenue,-- One (1) pole. Ledgelawn Avenue, southerly side, easterly from a point approximately 65 feet east of Hillside Terrace,-- Five (5) poles. Ledgelawn Avenue,southerly side, easterly from a point approximately 60 feet east of Hamilton Road, -- Two (2) poles. 360 Ledgelawn Avenue, southerly side, opposite and easterly fromHamilton Road, -- Three (3) poles. Ledgelawn Avenue, northeasterly side, northwesterly from a point approximately 20 feet northwest of Revere Street, -- Six (6) poles. The Chairman read a letter from the League of Women Voters, advising thatthe group has been study- ing the town's financial structure and procedures, with emphasis on long-range fiscal planning of both capital and operating expenses. Mr. Charles E. Downe, Vice - League of President of Economic Development Associates, Inc., Women Voters will be the speaker at a meeting in Estabrook Hall on Wednesday, December 2, 1959, at 9:45 A.M. The Board was invited to attend either the meeting or its recording which will be played back the evening of December 2nd at the home of Mrs. Stanley Miller, 3 Compton Circle. The Chairman read a copy of letter from Mr. Snow, Zoning Planning Director, to Mr. Donald K. Irwin, Building violation Inspector, in regard to a zoning violation, 258 East Street. The Chairman read a letter from the Planning Board advising that there would be no objection to Mr. Snow's occasional attendance at meetingsr.of the Selectmen's Committee on Traffic provided the matters to be con - Traffic sidered are directly connected with the planning pro - Committee cess and not those concerned with traffic regulations, administration and similar matter. The Planning Board suggested that the Committee arrange to have alltraffic problems related to plan- ning discussed at meetings held every three or four months unless there is some particular matter which the Board desires to have Mr. Snow give immediate at- tention. Mr. Stevens and Mr. Carroll retired at 8:19 P.M. Mrs. Pullen and Mr. Cobb of the Town Celebrations Committee met with the Board. Mrs. Pullen stated tkat 1960 is a five year and she understood that every five years, April 19th is ob- served a little more special than the four years in between. She and Mr. Cobb became intrigued with the history of the celebration of April 19th in Lexington about which nothing has been written up. They stated reading all the back issues of the Minute Man sine 1871 and working in the Boston Public Library, and i 17. have compiled data on the celebrations since 1776. They would like to write this up in a small booklet to be given to every family in Lexington, one per family. It is planned to do this within the Committee's budget. Mr. James dated he thought this would be very informative and worthwhile. Mrs. P,llen said that they had been quoted a price of $7d0 for a sixteen -page booklet and four or five photographs, a copy for every house in Lexington. The booklet would not be elaborate and could be in- serted in the 1960 program, and would be distributed by the school children. No mailing costs will be in- volved. The Board agreed that the idea was excellent and Mrs. Pullen and Mr. Cobb retired at 8:32 P.M. SES 1 April 19th bookle t Messrs. William Potter, Jr., and Murray Potter met with the Board. Mr. William Potter said that they have a parcel of land on Waltham Street, about 30,000 feet in a business area. They are thinking about erecting a building, but what it will be has not been decided. In trying to figure out what they would do, they ran into the parking problem. They can build up to a 10,000 square foot building and the 2 to 1 ratio for parking would not be sufficient. He went to see Mr. Snow on a couple of occasions and discussed what; they would like to do. Potter He said there are approximately three acres in the parking rear, not zoned for business. He wanted to find out whether or not more land could be included. in the business zone not to be built on or to increase the size of the building, but just to provide more park- ing. Mr. William Potter said that presently the park- ing on all four corners is difficult and rather than add to the problem, if they could get more land that could be used for parking, they would be Yalping them- selves and helping the Town. Mr. Snow gave him no help and said as far as he is concerned, he does not like local business districts and has future plans to set up businesses in a different manner. Mr. William Potter said he wondered if they could give the Town a piece of land to be made into a muni- cipal parking area to serve the four corners. He said he would like the Board to think about it if it has any merit at all. He presented plans and indicated the pro- perty they own in the business area and also tle land in the rear that is not zoned for business. He explained that there is no access to the rear land except through Valleyfield which is a paper street. 362 Mr. Ferguson asked if he would give the Town access over his land and Mr. Potter reined in the affirmative. Mr. Ferguson asked how much land he would give to the Town, and Mr. Potter replied they would give whatever is necessary. He said the land is trot too low but would require some fill and grading. Mr. Adams asked if there was any way out onto Marrett Road, and Mr. Potter replied in the negative. Mr. Murray Potter said that Mr. Stephen Boireau has several cars parked at the rear of his place. The Chairman said that Marshall's bakery is using that area for parking. Mr. William Potter said his original idea was to get the land zoned so it could be used for parking, but Mr. Snow advised him that it could not be done. He said if the Town is interested, they would give the land and the Town could put it into business and make a municipal parking area. Mr. Snow told him that they could not make a parking area in a residential zone. Mr. James stated that the Town can establish a parking area anywhere, a m4nicipal use is permissive. Mr. Adams said he thought the subject should be referred to Town Counsel. Mr. Murray Potter said they feel there is a need in the area for parking. Mr. Ferguson asked if the Potters would put any restrictions on the land and asked if the Town could install parking meters. Mr. William Potter replied that they would not put in any restrictions and their original idea was to mike a parking area themselves but Mr. Snow said it could not be done. Mr. Ferguson asked if they would sell the land to the Town to be used for parking purposes and Mr. William Potter said that the Town would not need three acres. The Chairman said that the parcel is landlocked anyway. Mr. Ferguson asked how much of the land the Potters would be willing to give to the Town and Mr. William Potter replied that they have not sat down and considered this but he thought they would be willing to give what- ever the Town needs. Mr. Murray Potter said that, under present conditions, they can put ap a 10,000 foot building and leave 20,000 feet for parking. He stated that they did not come to say how much they would give because no one has figured it out. Mr. James said they would have to figure out what is the most desirable area for the businesses that are being constructed in the area in terms of the number of cars that might be used. Mr. William Potter said that H meland Realty is considering enlarging its building gnd has agreed to sell some of the land so the parking now is only on a temporary basis. Mr. Sevens returned to the meeting at 8:50 P.M. The Chairman explained that the discussion con- cerned the lot of land owned by the Potters and lo- cated on Waltham Street. He reported that about 30,000 feet are zoned for business and a 10,000 foot building can be built leaving the parking ratio;-. 2 to 1. In the rear of the building there are three acres of land in a residential zone. He asked if the Potters could give some of this land to the Town, not that they want to increase the size of the building, but they feel parking is necessary in the area. He asked if the land could be used for parking. Mr. Stevens replied that land in a residential district can be used for municipal parking purposes. The Chairman explained that Mr. Snow had advised that under no conditions could anything be done with it. Mr. Stevens explained that it could not be used for the Potters' parking, but for municipal parking would be different. Mr. William Potter said that Mr. Snow told him the Selectmen could not make a parking area in a resi- dential zone. The Chairman explained that the access would have to be through the Potter land and possibly the Home- land Realty land, which is now being used for parking. by Marshall's bake gr. Mr. Stevens said that he would check the Zoning By-law for a definite answer. The Potters retired at 8:55 P.M. Notic e was received of the Metropolitan Planning Conference to be held Monday, November 30, 12:30 P.M., at the 1200 Beacon Street Hotel, Brookline. Mr. James advised that he would know by Wednesday Planning whether or not he would be able to attend and represent conference the Board. Further consideration was given to the nomination of a Lexington resident to serve on the Advisory Com- miksien to advise the Secretary of the Interior on the development of the Minute Man National Historical Park. Advisory A copy of a letter from the Assistant Secretary Commission of the Interior to the Concord Selectmen, relative to the functions of the Advisory Commission, was received. 364 Licenses Upon motion duly made and seconded, it was unani- mously voted to nominate Mr. Donald E. Nickerson, 49 Somerset Road, to serve on the five -member Advisory Commission. Upon motion duly made and seconded, it was voted to renew the following licenses for the year 1960: Joseph Trani, Incorporated Package Goods Store 1757 Massachusetts Avenue Berman's Market, Inc. 55 Massachusetts Avenue tt The meeting adjourned at 9:04 P.M. A true record, Attest: it 11 A65 SELECTMEN'S MEETING November 30, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 30, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Mark S. Carroll, Jurors 18 Independence Avenue, Dana A. Regillo, 16 Laconia Street and (glories Rogers Gredler, 119 Burlington Street. Mr. Carroll retired. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on November 23, 1959. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for a j/o pole location on the northwesterly side of Spring Street, approxi- mately 125' northeast of the Cambridge -Concord Highway. Mr. Mahon, representing the Boston Edison Company, Pole, hip Mr. Benjaiiin A. Green, Mr. William F. Cowles and Mr. guy and Francis A. Gallagher were present at the hearing. anchor A hearing was also scheduled upon the petition of the Boston Edison Company and the New England Tele- phone and Telegraph Company for a j/o hip guy and anchor location on the westerly side of Spring Street, from a pole located approximately 730' north of the Lexington -Waltham town line. The individuals present desired to discuss both petitions at the same time rather .than separately. Mr. Mahon explained the proposed pole and guy locations by use of blueprints and stated that the telephone company is requesting the hip guy inasmuch as a heavy cable is being installed and the guy is necessary for the crossover. Mr. Cowles presented a plan of his property and explained that the pole is in the center of a diamond shaped parcel of land, his driveway. He said that on 366 occasions, he has had to hold the pole by a rope and on one occasion, the pole would have been blown down if it had not been for the rope. He proposed that, if the company is going to make a change, the change be permanent and he would like to have that pole out of the way of his drive. Mr. Mahon said nothAng was planned to do anything with the pole location as such but agreed that it is a peculiar place for a pole. Mr. Mahon inquired as to how long the pole has been in its present location and Mr. Cowles replied that a new pole was put there about four years ago. It remained for a year and a half before the old pole was removed. The old .one was taken out and the new one was left. He waid the wires from the pole to his house are all bare and the only thing supporting the wires on his house are on his ingenuity. He said it would be in order to have those wires replaced. Mr. Mahon said he would take up the subject of changing the location of the pole. Mr. Gallagher said Spring Street is a very heavily Spring St. travelled highway and if any more of the sidewalk is taken, a real hazard will be created for the children. Mr. Mahoneexplained that there would be a stub and not an anchor. Mr. Gallagher said he would like to have a meeting with someone on that street because he thought some- thing should be done about it. Mr. Green said he would like to petition for a laub- Public tele- lic telephone booth because he is awakened all hours of phone booth the night by people wanting to make telephone calls. Mr. Mahon said he would be very glad to get in touch with the telephone company, but suggested that the Board petition for the booth. Mr. Green said he would like to have it located on the side of Spring Street where the traffic light ser- vice is handled; the southeast corner. Mr. Gallagher asked whom he should see about the Traffic on traffic on Spring Street and Mr. Cowles said there is Spring St. a short time during each morning and night when the traffic is bad. Mr. Gallagher said Spring Street should be made one-way traffic. The Chairman explained that as far as the streets are concerned, the Board has some jurisdiction, but no change can be made in the traffic rules without ap- proval frcm the State. Mr. Cowles asked what the Board's long-range plans are for Spring Street. 1 367 The Chairman replied that the Board knew of nothing new, Route 2 is at a standstill. Mr. Cowles said that when Raytheon moves in with a great many more people, the traffic will be increased. He asked what consideration had been given to the subject and when is something going to be done. He asked if any thought had been given to widening Spring Street. If so, he would like to know before any trees are taken down. The Chairman replied that the Board of Selectmen does not have anything new and if the Planning Board has any plans, they have not been discussed with the Selectmen. He said, with reference to Raytheon, no change has been made in the original plans. Mr. Gallagher requested the Board to have the Police Department make a survey of the early morning and late afternoon traffic from 7:00 to 9:00 in the morning and from 3:30 to 5:30 in the afternoon. The Chairman asked if anyone present objected to the pole location on the easterly side of Spring Street. Mr. Cowles replied that there is no objection to the easterly side, but there is to the westerly side. Pole lo - The Chairman suggested that those present contact cation the Boston Edison Company and the New England Telephone and Telegraph Company so that the locations can be presented to the satisfaction of the abutters, after which time the Board will act on the petitions. The hearings were declared closed, and the group, with the exception of Mr. Mahon, retired at 8:07 P.M. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for location of one pole on Pole lo - the southwesterly side of Lowell Street, approximately cations 25 feet southeast of Bryant Road. No one appeared in favor or in opposition. Mr. Mahon explained that a new street is being put in and the company intends to move the pole to the point of curvature. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the proposed pole location. Mr. Mahon retired at 8:10 P.M. Mr. Stevens reported that he had prepared a taking order in connection with the Itek sewer. Mr. Carroll presented a plan entitled "Plan of Easement Along Boston & Maine Railroad" and traced the location of the sewer. Upon motion duly made and seconded, it was voted to sign an Order of Taking for installation of a sewer Se we r easement 368 main to be extended as far as Hartwell Avenue.(See Page 368-A) Mr. Stevens stated that he would have an opinion next week relative to parking on property at Waltham Perking Street and Marrett Road relative to Potter's request for establishn nt of a parking area. Further consideration was given to letter re- ceived from Mr. Donald T. Clark, Chairman of the School Committee, relative to insurance to cover the loss by theft of office equipment within the premises of the School Administration Building. Mr. Carroll reported that Mr. Spiris said the fact that the building is used by various citizens' Insurance groups means the building is open most of the time and he felt it would be very easy for someone to take some of the equipment. They have four dictating machines that cost $400 , a calculator and audio visual equipment. There is a total of something over $4,000 worth of equipment and the insurance Mr. Spiris was talking about was $2,000 coverage. Mr. Carroll ekplained to Mr. Spiris that the Board was concerned because this request would probably at some time include all theschools, but Mr. Spiris said he could see no reason for requa,ting theft coverage in the school buildings. Mr. Adams asked if the Town had similar coverage for any other department and Mr. Carroll replied in the negative. Mr. Adams said he could see no need for the coverage if it is not carried by any other department. Mrs. Morey pointed out that the library has items that cannot be replaced and they are not covered. Mr. Stevens explained that the Town does not own ,the library exhibits, but perhaps the owners have in- surance coverage. Mr. Adams said he did not see any reason for the insurance if the Town does not carry it for any other departments. Mr. James said that was true, but he asked if this situation is different than any other situation. Mr. Adams said the Town Offices is a place of public assembly and he thought the Administration Building was used entirely by School Departments. Mr. Stevens said that the Town does not carry liability on property damage because experience has proven tht it is much more costly to carry the in- surance. Mr. Ferguson said there are several rooms in the building and each room could be locked separately. 1 1 COMMONWEALTH OF MASSACHUSr71'TS 368-A Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 30th day of November, 1959, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, in accordance with the provisions of law applicable thereto, it was duly 1 "VOTED: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from the westerly side of the State Highway, Route 128, to the vicinity of Westview Street, subject to the assessment of betterments or otherwise, 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, purchase 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 $300,000.00, and to provide for payment thereof by the transfer of $50,000.00 from the Excess and Deficiency Account, the raising of $200,000.00 in the current tax levy and the balance of 450,000.00 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 $50,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter WI of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined that in order to install the sewer main from the westerly side of the State Highway (Route 128) to the vicinity of Westview Street it is necessary that the sewer main be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on hehalf of laid Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, 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 ollowing parcel of land situated in said Lexington and bounded and described as follows: 369-A Beginning at a point in the northwesterly side line of the Northern Circumferential Highway (Route 128), which point is northeasterly and distant 2825.21 feet from the northeasterly point of curvature of a curve having a radius of 2600.00 feet; thence running South 85° 40' 56" West, distant 48.60 feet to a point; thence turning and running South 48° 55' 56" West, distant 539.18 feet to a point at land of the Boston and Maine Railroad; thence turning and running North 57° 52' 57" West by said Railroad land, distant 100.25 feet to a point; thence turning and running South 52° 07' 03" West by said Railroad land, distant 8.78 feet to a point; thence turning and running North 57° 52' 57" West by said Railroad land, distant 900.00 feet to a point; thence turning and running North 32° 07' 03" East by said Railroad land, distant 8.25 feet to a point; thence turning and running North 57° 521 57" West by said Railroad land, distant 870.00 feet to a point; thence turning and running North 32° 07' 03" East by said Railroad land, distant 1.90 feet to a point; thence turning and running North 57° 52' 57" West by said Railroad land, distant 603.53 feet to a point in the southeasterly side line of Hartwell Avenue; thence turning and running North 39° 061 16" East along said side line of Hartwell Avenue, distant 18.24 feet to a point; thence turning and running South 57° 52' 57" East, distant 2459.71 feet to a point; thence turning and running North 48° 55' 56" East, distant 530.97 feet to a point; thence turning and running North 850 40' 56" East, distant 80.227feet to a point in the northwesterly side line of the Northern Circumferential Highway (Route 128); and thence turning and running South 48° 55' 56" West along said last mentioned side line, distant 33.43 feet to the point of beginning; all as shown and marked "20' Sewer Easement", and "28.25' Sewer Easement" and "18.10' Sewer Easement" on plan entitled "Plan of Sewer Easement From Northern Circumferential Highway (Route 128) Along B & M Railroad to Hartwell Avenue Lexington, Mass.", dated November 12, 1959, John J. Carroll, Town Engineer, to be recorded herewith. And we do hereby also so take temporary construction easements, for use in constructing the sewer to be installed in the permanent easement hereinabove described, in the following strips of land in said Lexington: 1. A strip of land having a substantially uniform width of 28 feet and being bounded by the northwesterly side line of the Northern Circumferential Highway (Route 128), land of the Boston and Maine Railroad, and the southeasterly boundary of the permanent easement described above; all as shown and marked "28' Construction Easement" on the aforesaid plan; 2. A strip of land having a substantially uniform width of 20 feet' and extending from the Northern Circumferential Highway (Route 128) along and abutting upon the full lengths of the northerly, northwesterly and northeasterly boundaries of the permanent easement described above; all as shown and marked "20'Construction Easement" on the aforesaid plan; and reference to the aforesaid plan is made and said plan is incorporated herein for a complete and detailed description of said strips of land. 1 370-A The temporary construction easements herein taken include the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the afore- said sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than one year from the date of this order. The rights and easements herein taken are taken subject to the following rights and easements, so far as now in force and applicable: 1. Transmission line easements taken by the Boston Edison Company by instrument dated Marth 16, 1948 and recorded in Middlesex South District Registry of Deeds, Book 7243, Page 391; 2. Pipe line easements taken by Northeastern Gas Transmission Company by order adopted July 13, 1951 and recorded in said Deeds, Book. 7772, Page 162, and pipeline easements granted to Northeastern Gas Transmission Company by Catherine G. Hinchey and John T. Hinchey by instrument dated June 17, 1953, recorded in said Deeds, Book 8103, Page 151; and 3 Drainage easement taken by the Commonwealth of Massachusetts, acting by its Department of Public Works, by order dated January 13, 1959 and recorded in said Deeds, Book 93314, Page 33, said easement being in Parcel D-1 as described in said order of taking and being shown on the aforesaid plan and marked "Existing Drain Easement". Said rights and easements in the land included within the above descriptionm 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 re- spective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsist- ent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the afore- said 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 easements are taken is be- lieved 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 Ethel F. Bean Town of Lexington Lots as shown on aforesaid plan Unnumbered parcel Part of lot 12, Block 73 Lots 1, 2, 3, 4 andPart4of lot 6 li and Part of lot 7, ck Owner Helen May Mary E. Coleman Anthony R. Cataldo Ernest Reiss and Alfred M. Reiss No betterments are to And said Board, having determines that no damages 1959. Lots as shown on aforesaid plan Lots 1-27, inclusive, 32-3t, 37-55, inclusive, and 58-63, Block 76 371-A inclusive, inclusive, Lots 3, 10 and 11, Block 73 Lots 56 and 57, Block 76 Lots 28-31, inclusive, and lots and 36, Block 76 Unnumbered parcel be assessed for this improvement. considered the question of damages, hereby have been sustained arid none are awarded. 35 WITNESS our hands at Lexington as aforesaid, this 30th day of November, /s/ William E. Maloney Ruth Morey 1 Alan G. Adams Raymond W. James Gardner C. Ferguson Majority of the Board of Selectmen. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 30, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961. Mrs. Morey pointed out that the only people meeting in the building are school minded people and perhaps the Committee is worried about the building not being property locked after meetings. It was agreed to advise the School Committee that the Board has considered the request and felt the the coverage is not necessary. Mr. Ferguson suggested that the Committee have locks put on the various offices that are not going to be used by these various groups andkeep the doors locked. Messrs. Stevens and Carroll retired at 8:25 P.M. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following Vo pole locations: Lowell Street, southwesterly side, approximately 25 feet southeast of Bryant Road, -- One (1) pole. (One existing 30 pole to be re- iove d•} Blake Road, northeasterly side, southeasterly from a point approximately 20 feet southeast of Simonds Road, -- Four (0 poles. Blake Road, northwesterly side, southwesterly from a point approximately 35 feet southwest of Preston Road, -- Three (3) poles. Leighton Street, southwesterly side, approximately 55' southeast of Cliffe Avenue, -- One (1) pole. Trotting Horse Drive, northerly from a point approxi- mately 30 feet north of Peacock Farm Road, -- Eight (8) poles. Moon Hill Road, southeasterly from a point approxi- mately 15 feet southeast of Moreland Avenue, -- Sixteen (16) poles. The Chairman read a letter from Brewer & Lord to which was attached a list of the insurance agents who are to participate in the commission on the Town business. Upon motion duly made and seconded, it was voted to make no change in the list and to authorize distri- bution of the percentage of commission as shown. 369 Pole lo- cations Insurance 370 The Chairman read a letter from the United States Department of Interior relative to the property at 2965 Massachusetts Avenue, owned by Mrs. Mary Cox. Nat'l. Hist. The Regional Office has been asked to give this Park particular matter top priority for investigation and it is hoped that funds will be made available soon for the most urgent land acquisition in aonnection wbth the Minute Man National Historical Park. License Upon motion duly made and seconded, it was voted to grant a Package Goods Store license to Lexington Liquor Mart, Inc. Mr. James reported that he had attended the meeting of the Metropolitan Planning Conference, and the purpose of the meeting was to discuss legislation which this group wants to file. He said he had a copy of the legislation that is to be filed and it is es- :setatially directed at the creation of an advisory group, each city or town having one member for the pur- pose of planning such common facilities and discussing common problems that may exist between two or more towns. It is planned to create a reserve active group within this, supported by funds contributed by all the towns. This is to provide information and plans to many towns that could not afford that kind of information. If passed, the only commitment a town involves itself in is the support for the financial amount which is about 5¢ per capita, so it will cdst $1200 to support the activity. This figure was arrivedat by studying such councils created in other large cities. He said that there does not seem to be any objection because it does not commit the town to anything but the money, and he thought the Town could make good use of the council. Mr. Adams asked if there were any Federal funds, and Mr. James replied in the affirmative. He explained that Federal funds reduced the 10 per capita to 5¢ per capita. Mr. Adams asked if each Town has one vote, and Mr. James replied that each Town has one vote. With a population of over 50,0000, the Town has two members but only one vote. The Governor appoints twenty-three ad- ditional members, but he cannot appoint a majority. The Council may cover any function that is common to two or more communities. He said it was a start, and the only person who spoke in opposition was a member of the Plan- ning Board of Arlington. The Town officials thought it would usurp their locallpower. Mr. Adams asked if the subject should be presented to Town Meeting for an expmession of opinion rather than cc Int 1 have the Board decide upon it. Mr. James replied that the Council doe communities as such to support it, but hope individuals in communities will. The Chairman asked how they expected t the $1200, and Mr. James replied that it is piece of legislature and the Town will have the money to suport it. He said if there politan Planning Group and only half of the it, it is no good at all. s not expect s important o receive a mandatory to appropriate is a Metro - towns are in The following members of the School Commitibe, Ap- propriation Committee and Planning Board net with the Selectmen: Messrs. Blaisdell, Abbott, Soule, Grindle, Steele, Mabee, Burnell, Clark. Mr. Bair, Superintendent of Schools, and Mr. Snow were also present. The Chairman explained that the purpose of the meeting was to try and clarify the request for a trans- fer of $1200 for some planning in and around the High School and the proposed Worthen hoed. He said he thought it was requested by members of the School Committee who are interested in having some planning done for the future use of the area and he thought it was discussed with Mr. Snow and the Board of Selectmen who were in agreement in requesting the $1200 in an attempt to have this work done so it could be presented at the Annual Town Meeting. He said the Board felt that if Worthen Road is to go through and the Planning Board expects the support of the Selectmen,every phase should be covered. The Selectmen thought it was all under control until the members of the P, az ning Board discussed it with the Appropriation Committee and the Appropriation Committee felt the Planning Board was not interested. Mr. Clark suggested that it would be helpful to discuss how the whole subject started. He explained that it began sora time back with the Superintendent of Schools when Doc Abell requested certain plans for developing fields. The Superintendent of Schools said he was not going to include such funds in the budget until he knew what was going to be done in the area. Mr. Steele reported that Mr. Bair scanned Doc Abell's request for additional athh tic fields, and it was decided to have a meeting with John Carroll, Mr. Spiris and Mr. Steele to discuss the problem of athletic fields for the High School. Out of that grew the big problem not only for the present High School, but the possibility of a second school in the dump area. Mr. Carroll pointed out the problem of the water table and the depth of the peat in the area. Others pointed out the importance of a real good plan to have a permanent layout to take care of 371 Worthen Road 372 both secondary schools. He said the opinion was that the athletic field was not now good and it would be unwise to spend money without an overall plan. He said the subject was discussed at considerable length and the result of the conversation was that it should be presented to the School Committee. They thought a study should be made soon because of the necessity of athletic areas. Realizing the impact of Worthen Road and some problem with Hayden, they thought maybe a professional individual should be engaged to do most of the work, keeping in mind he would consult with Mr. Snow, the Planning Board, Selectmen and School Com- mittee and everyone who had a real interest in this. Then the thought was, who would head up this program and it seemed to be Mr. Snow because he has information which may be necessary. He should guide the person directly responsible for it and have this individual work under him. The question was asked if Mr. Snow would have room, and he, in an unofficial capacity, said he thought he could get an advanced graduate sitddent and he could have a desk in his office. He would guide him with Mr. Carroll, Mr. Abell and others. Mr. Steele explained that they were trying to determine the cost and it was figured at $3.00 an hour for 400 hours for good job. He said it was presented to the School C ommttee and they were very receptive. Mr. Clakk mentioned that he was going to talk to Mr. Maloney and some others and would present it to that group. This was done and then it was brought to Mr. Clark's attention that the impact of widening Worthen Road and the Reereation Committee were outside the School Committee's province. He said there was no attempt in any way to by-pass the Planning Board. It naturally can to the School Com- mittee from Doc Abell and had not reached the point of discussion with the Planning Board. The Chairman explained that the subject was brought to the Board's attention and only that time is important was the reason the Board asked for a transfer hoping the Planning Board would see what the Selectmen were attempting to do. He said that the Selectmen hoped Worthen Road would be presented at the next Annual Town Meeting and anything the Board can do to answer questions of the townspeople would be helpful. He said he was sure they are going to ask what is going to happen to the school recreation. Knowing Mr. Snow is busy, the Selectmen felt the Planning Board would be glad to co-operate. He said he was sure the Plan- ning Board is interested in this going through. The Selectmen asked for a transfer and hoped that the Planning Board would agree. If the money is available 0-4 1 373 but it is not possible to hire the desired individual, the money will not be spent. Mr. Abbott explained thpt the Planning Board did not feel left out but were just uninformed. The Chairman explained that it was probably the Board's enthusiasm and he hoped the Planning Board would carry the ball on Worthen Road at the Town Meet- ing and anything the Selectmen can do to help is what they want to do. He said there would be many questions about the school problem, the secondary school problem and the Hayden problem. Perhaps the Selectmen asked for the $1200 and thought the Planning Board would under- stand what they are trying to do. Mr. Abbott said that the Planning Board would try but is not sure at this time whether it can obtain the help. It is very likely that it will not be possible to get a graduate engineer until next summer. He said if the money was appropriated, the Planning Board would not spend it unless it is possible to engage an adequate person to do the work. However, if the money is not available, it will not be possible to hire anyone. Mr. Grindle said that there was some misunder- standing of the meeting last Monday. He and Mr. Burnell represented the Planning Board, and when they were asked, he told the Appropriation Committee he knew nothing about it, but he thought everything else being equal, they should wait until summer to employ additional help, but if it was necessary and the Selectmen felt Worthen Road had to be done this winter, he was in favor of it. The Chairman said the Selectmen thought from the meeting with the Planning Board last summer, it was agreed to do Worthen Road now if possible. Mr. Abbott said he thought it should be done. He said the Planning Board was confused as to whether or not the plan was just for Worthen Road. Now it is understood that it is for the entire area. Mr. Blaisdell said he had a reasonable understand- ing of the problem but he can't speak for theother eight members. He said one of the questions that may be raised is, there is an item of $2,000 for a master plan and would this $1200 be added to that. He said that was an item the Appropriation Committee thought should be taken out last year. The Chairman asked what the master plan had to do with this particular subject. Mr. Blaisdell said this was part and parcel of it. The Chairman explained that the master plan would not have anything'to do with roads to the High School or a secondary school on the site of the dump. 374 Mr. Steele stated that the School Committee was prepared to do the job itself but with the Worthen Road and Hayden problems, it seemed wise to incorporate the whole thing in one project. Mr. Adams said the subject was discussed last summer and the original thought was the School Com- mittee had to decide if there was to be one or two Senior High Schools. It came up with the answer in the summer that there was to be one. It was felt that if a ballfield were taken, Town Meeting would have to be told where the replacement was going to be He said it is a case of getting the detail plan now and not a part of a master plan. The Chairman said this is a very important part of the Town Planning and he would not say it compares too much with the master plan. He thought it important that it be done now and for the Boards to find out how the townspeople feel about it. He said the townspeople should decide whether or not they want Worthen Road there and also find out whether or not Hayden can put up a fence. Mr. Blaisdell said he would like to have a con- sultation with the Appropriation Committee and left the meeting. Mr. Clark said that Mr. Adams stated now the decision had been made for only one High School. Mr. Adams said he based his statement on Mr. Snow's tentative drawing of last year which showed a second building. The Chairman said that it is safe to say there will be another unit up there of a secondary nature. Mr. Adams said this would not go through Town Meet- ing without all the answers. Mr. Abbott said that if Worthen Road takes a ball - field and the track, the Town Meeting will want to know what is going to be done about them. He said for two schools there are almost 200 acres. Mr. Snow stated that there are 142 acres. Mr. Adams said that there would still be the argument, why split it. Mr. Blaisdellrreturned to the Meeting and re- ported that the Appropriation Committee seems to be in complete agreement and will be pleased to transfer the $1200. The group retired at 9:30 P.M. It was agreed to advise the Recreation Committee of what action has been taken and suggest that they contact Mr. Snow for answers to any questions they might have. It was suggested that Park Drive be closed from Lincoln Street and have the exit and entrance from the Waltham Street side. The Chairman agreed to dis- cuss the subject with the Chief of Police. The meeting adjourned at 9:45 P.M. A true record, Attest: e c lerk Sele ctn ,..„.,.z__,_,. , a,c-c-,.ter (ir )6-�i 375 376 Jurors SELEC TMEN'S TESTING December 7, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 7, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. Mr. George C. Henderson, Jr., 136 Maple Street and Mr. Edwin L. Key, 9 Blueberry Lane, were drawn for jury duty. Mr. Carroll retired. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on Monday, November 30, 1959. Further consideration was given to Messrs. William and Murray Potter's request for establishment of a park- ing area on land owned by them and located on Waltham Street in the vicinity of Marrett Road. Mr. Stevens advised that in a residential area public schools, parks, playgrounds and other municipal buildings or uses are permitted which he thought in - Parking eluded a municipal parking area. He reported that area there is a case in the Supreme Court (Judge Morton) in which Wellesley had public schools or other public uses and there were several parking areas established. The one in which litigation developed, Judge Morton decided that other public uses did not include a public parking area and the case was appealed. The Town Meeting amended the By-law by specifically including municipally owned parking areas. In subsequent litigation, the Court up- held the right of the Town to establish by Zoning By-law the right to have a municipal parking area in a resi- dential zone. He said, by itself, he thought that gives the Town the right to do it. Mr. Stevens said that then in the Use of Land, Section 9, there is a clause stating that no land in an R 1, R 2, or A 1 district shall be used to provide off street parking for a business enterprise or for any other purpose not incidental to the primary permitted use of said land, and he would have to say this leaves it in doubt. He stated that it is not clear and it would seem appropriate, if the Planning Boa?d agrees, 1 377 to add "but this shall not prevent municipally owned or operated public parking areas in such districts." He explained that if this is not included, it is question- able if it could be done or not. He said there would have to be an appropriation and it would be voted on at a Town Meeting. Mr. Adams said he felt the best way would be to amend the Zoning By-law and then there would be no argument. Mr. James agreed that it should be done as sug- gested by Mr. Adams. Mr. Stevens explained that it would tale a Town Meeting vote to acquire the land and that would give people an opportunity to act on it. Mr. Stevens agreed to discuss the subject with the Planning Board and find out how that Board feels about the matter. Mr. Stevens retired at 8:35 P.M. Mrs. Morey left the meeting for an hour to meet with the Appropriation Committee to discuss the library budgets. Mr. R.L. McQuillan and Dr. William L. Cosgrove of the Board of Health, met with the Selectmen. Mr. McQuillan explained that he had requested an appointment to meet with the Board to discuss salaries, but might want to discuss the other budgets. He ex- Board of plained that the salary of $6300 requested for Mr. Health Lurvey represents an increase of $300, which the Board budget feels is necessary to keep him. He said the Board feels that it will have to increase the salary each year until the Executive Health Officer is paid what he is worth. He stated that it will not be neces- sary to engage an assistant to the secretary and the Board would like to see Mr. Lurveyts salary brought up to its proper place before considering an assistant to him. Mr. McQuillan reported that the majority of towns have Milk Inspectors and do not have a laboratory but send the specimens out. Most towns the size of Lex- ington have a town physician. He stated that the Ap- propriation Committee felt that the Board of Health was right and wanted to know if it was requesting enough. The Committee also asked the Board to take $1500 off the Expense budget. Dr. Cosgrove explained that the Board of Health inherited the Posture Clinic and the Dental Clinic. It also received a letter bf resignation from the Dental Hygienist who actually ran the clinic in the schools. He got in touch with her, corresponded with 378 her three or four times and found out that she resigned because she requested 43600 and was told it would nit be approved. Dr. Cosgrove told her that if she came back, he would askJfor the $3600 even though he could not guarantee that she would get it. He said the Ap- propriation Committee feels inclined to favor some- thing around $3400 and that is where the situation stands. The Chairman asked what this individual did, and Dr. Cosgrove replied that she goes from one school to another, establishes educational program, assists the dentist at the Junior High School and cleans teeth of children attending the Clinic and the Junior High School. He explained that the dentist is paid by the day and the appropriation therefore is not necessarily all used. Mr. Adams asked if the amount recommended for Mr. Lurvey is at the rate of $6300 and the amount for the hygienist is at the rate of 4i3600. Dr. Cosgrove replied in the affirmative. The Board of Health retired at 8:50 P.M. Mr. Donald Noyes, Chairman, Messrs. Warden, Wood - berry and Mrs. Souza, Capital Expenditures Committee, met with the Board. Mr. Noyes said thatthe possible third fire station was discussed last year and the Selectmen felt that there was no evidence that there would be the need of a fire station in 1961 and the Committee also expressed the same opinion in its report. However, the item still appears as a request for 1961, the only new evidence being the Raytheon building. The Chairman explained that a year ago a committee studied this subject and unanimously agreed that there is no need for a third station. Mr. Adams said one other possible factor is the National Park and there is a question as to what should be done with the land abutting the three towns. He said if land in the area should be rezoned for motels, there would be a definite factor and Mr. James said that is several years away. Mr. Noyes said it is not up to his Committee to argue for the site but to determine the need. He said he thought someone should tell the Fire Commissioners that there will not be a need for another station for five or ten years and ask them to delete this item. Mr. Ferguson asked about the reasons given for a new station, and Mr. Noyes replied that the Fire Under- writers' report of a number of years back recommended a 1 379 third station. He said that there is a time element reaching the various parts of the town. The Commissioners say they have measured off running between points and this station at Marrett Road would account for two minute savings in getting to that area. Increased traffic in Town, particularly at five otclock, might make a factor of five or ten minutes. The Chairman said that Spring Street and Marrett Road are both heavily traveled and Mr. Adams said that no one knows what the traffic pattern will be. Mr. Noyes said that he is not strongly in favor of recommending a new station in 1961, but the Fire Com- missioners still want it. If the Committee reports there is no need for it,the-Coimaibsioiars.witll:again request it in 1961 and he does not think the Committee is doing a good planning job by saying there is no need for another station when the Commissioners say there is. Mr. Ferguson pointed out that a new station would be manned twenty-four hours a day and asked if it would have one or two trucks, a ladder, or brush fire equipment. He said a considerable sum of money could be spent and not a great deal added to the safety of the Town. Mr. Noyes said that the Committee does not see a need for a third station in 1961. It does think there is an eventual need and would like someone to convince the Fire Commissioners that the issue is ten years away or try to pinpoint the timing. Mr. Noyes said he wrote to the Civil Defense Director and he feels that the Town fire alarm system which would be used as an alert system is not sufficient because it cannot be heard throughout the Town. Something should be done in 1961 to correct this at an estimated cost of $4,000. The second item was a rescue service truck for 1962. Mr. Adams said the fire alarm system is essential, but the second item could be put in the future column. The subject of a new ladder truck was discussed, an atlas requested by the Board of Assessors, the Re- creation budget and Public Works budget were also dis- cussed. The Committee requested another meeting with the Board on January 25 at 8:30 P.M., and retired at 10:25 P.M. The Chairman read a letter from Mr. Raymond E. Murphy, 443 Bedford Street, asking for the installation of side- walks before winter sets in. Sidewalk Inasmuch as Bedford Street is a State highway, it was agreed to refer the letter to the State Department of Public Works. 380 Claim The Chairman read a letter frorrj Mr. Raymond Doucette, 33 Reed Street, in which he stated that while entering the dump, he struck a lerge rock resulting in damages estimated to be 624.10. Mr. Carroll talked to the dump attendant, and the incident was substantially, as stated by Mr. Doucette. The rock had fallen off a truck that went into the dump but it was in plain viey. He checked with Mr. Stevens and was advised that the Town is not liable. It was agreed to so advise Mr. Doucette. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the fol - Pole lowing j/o pole locations, all having been approved by locations Mr. Carroll: Brookside Avenue, northerly side, easterly from a point approximately 25 feet east of Waltham :.Street, -- Six (6) poles. Williams Road, northerly side, easterly from a point approximately 75 feet east of Dexter Road, -- Eight (8) poles. Stonewall Road, southerly side, easterly from a point approximately 5 feet east of Barberry Road, -- Four (4) poles. Rowland Avenue, southeasterly side, southwesterly from a point approximately 40 feet south- west of Massachusetts Avenue, -- Three (3) poles. Colony Road, northerly side, westerly from a point approximately 50' west of Grant Street, -- Six (6) poles. Colony Road, southeasterly side, southwesterly from a point approximately 715' southwest of Grant Street, -- Two (2) poles. Theresa Avenue, northeasterly side, northwesterly from a point approximately 90 feet northwest of Bow Street, -- Two (2) poles. Theresa Avenue, southwesterly side, northwesterly from a point approximately 305 feet north- west of Bow Street, -- Four (4) poles. 1 381 Cherry Street, southwesterly side, southeasterly from a point approximately 75 feet southeast of Charles Street, -- Two (2) poles. Mason Street, southwesterly side, northwesterly from a point approximately 20 feet northwest of Peacock Farm Road, -- Three (3) poles. Ivan Street, southwesterly side, southeasterly from a point approximately 15' southeast of Eldred Street, -- Eight (8) poles. Fuller Road, southeasterly side, northeasterly from a point approximately 65' northeast of Harding Road, -- Seven (7) poles. Lockwood Road, northwesterly side, southwesterly from a point approximately 50 feet southwest of Byron Avenue, -- Three (3) poles. Byron Avenue, northeasterly side, approximately 75' northwest of Lockwood Road, - One (1) pole. Byron Avenue, north4asterly side, opposite and southeasterly fromLockwood Road, -- Two (2) poles. Braemore Terrace, westerly side, approximately 30 feet north of Liberty Avenue, One (1) pole. Hillside Terrace, westerly side, approximately 651 north of Ledgelawn Avenue, -- One (1) pole. Peacock rarm Road, westerly side, northerly from a point approximately 25 feet north of Water- town Street, -- Six (6) poles. Peacock Farm Road, southerly side, easterly from a point approximately 115 feet east of Mason Street, -- Three (3) poles. Sutherland Road, southeasterly side, southwesterly from a point approximately 140' southwest of Cherry Street, -- Nine (9) poles. * See Page 384 for additional pole locations approved. 382 Notice was received from the State, Depa^tment of Natural Resources, advising that a survey had been made and the following amounts should be appropriated: Dutch Elm $7,600 for Insect Pest Control; $15,000 for Dutch Elm budget disease control. Anything less than these amounts will be detrimental to the shade tree program. Pursuant to requirements of Chapter 132, Sec. 14, G.L., the Com- missioner determined that the financial liability of the Town for 1960 is $7,569.74 for Insect Pest Control; $10,000 for Dutch Elm Disease control or a total financial liability of $17,569.74. The Chairman read a letter from Mr. Irwin, Build- ing Inspector, relative to the zoning violation at Zoning 258 East Street. As a result of his investigation violation and subsequent conversation with Mr. Seed, he believes that the situation will be corrected within the time limit and the violation eliminated. Letter was received from Lt. Col. Robert C. Wells, with reference to claim of damage to the home of Mrs. Claim William Balsor, 40 Winthrop Road, which she believed was caused by sonic boom. A complete investigation was made and her claim filed for final disposition. The Chairman read a letter from Chief Rycroft, advising that Mrs. Margaret C. Tyler, the policewoman Appointment on duty at Oak Street, resigned as of November 15, 1959. He submitted, for the Board's consideration, the name of Mrs. Eleanor M. Boyle, 3 Curve Street, one of the applicants who met with the Board a few months ago. Upon motion duly made and seconded, it was voted to appoint Mrs. Eleanor M. Boyle, 3 Curve Street, as a policewoman for school traffic duty to replace Mrs. Tyler. Letter was received from Mr. Donald E. Nickerson, (Appointment accepting appointment to the Minute Man National His- torical Park Advisory Commission. Letter was received from the Appropriation Committee, Transfer advising that the amount of $1,200 had been transferred from the Reserve Fund to the Planning Board Expense Account. An inquiry was received fromMr. Spiris, Adminis- trative Assistant, School Department, relative to closing the offices the day before Christmas. It was agreed to close the Town Offices at twelve noon on Thursday, December 24th. 0-4 1 Certificate of Incorporation was received on be- half of Philip N. Poulleys, et als, Middlesex Hellenic Orthodox Association, Inc., the location to be on Meriam Street. Satisfactory character references were received from the Chief of Police. The Chairman agreed to contact Dr. Mooney, one of the incorporators, to determine the exact location on Meriam Street before returning the certificate to the Secretary of State. The Chairman reported that a petition had been received for installation of a sewer on Grove Street because of the serious health menace caused by over- flowing cesspools in the area. No action can be taken on the petition at this time as the sewer is not available and will not be available for at least another year. Upon motion duly made and seconded, it was voted to establish January 4, 1960, as the closing date for the Warrant for the Annual Town Meeting. Upon motion duly made and seconded, it was voted to re -appoint Mr. Janes J. Connell to the Board of Assessors for a term expiring January 1, 1963. Upon motion duly made and seconded, it was voted to re -appoint Mr. Cyrus Wood to the Historic Districts Commission for a term expiring January 1, 1965. Upon motion duly made and seconded, it was voted to grant the following licenaes: Woodhaven Country' Store Handock•Market Carrtagb House Restaurant Countryside Delicatessen Regent Delicatessen-Cp. 014'.i'C d 'tee :Rause - Wild Aare Inn Wild Acrd. inn. A;nto l.gineering Inc. Rowe -Jackson Chevrolet, Inc. Dunn Ford Sales Inc. Connors Bros., Inc. 3S Cert. of Inc. Sewer Warrant Assessor Hist. Dist. Commission Licenses Common Victualler (rentwl.) n n n 9 n n n n n n n n n n IT It n n Innkeeper tt 1st Class Agent nn It n It It n n n It Package Goods Store Mr. Adams brought up the subject of the proposed Garden apartments, Waltham Street, to be constructed 384 by Lexington Realty Trust, and the Chairman was in- structed to ask the Chairman of the Planning Board how much nearer they are to a solution. He also agreed to ask if there is any need for a discussion with both Boards. The Meeting adjourned at 10:55 P.M. A true record, Attest: xe c tiva/C lerSele c *Rhodes Street, northwesterly side, approximately 110' northeast of Massachusetts Avenue, -- One pole. ;Rhodes Street, southwesterly side, opposite Lockwood - Road, -- One pole. 1 SELECT TMEN S MEETING December 14, 1959 A regular meeting of the Board of Sebctmen was held in the Selectmen's Room, Town Office Building, on Monday, December 14, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The minutes of the Selectmen's Meeting held on December 7, 1959 were declared approved subject to correction. The Chairman read a letter from the Lexington Chamber of Commerce advising that the Board of Di- rectors voted to protest action of the Post Office Department in transferring the sorting of Lexington mail to the Arlington office. The Directors are desirous of the Selectmen taking action to try and prevent the proposed change now scheduled to take place January 2, 1960. Mr. Adams said he thought Lexington should have an independent office the same as Woburn, Winchester, Bedford and Concord. Mrs. Morey stated that if the Board sends a let- ter of protest, the reply will be that there isn't suf- ficient room in Lexington and she suggested that the Board write that it does not like the transfer and is of the opinion that Lexington should be established as a separate office. Mr. Adams said he would like to see Lexington back on an independent basis. Mr. James asked if this change in fact meant the service will be poorer. Mr. Adams reported that for several months the parcel post has been so heavy in Lexington that it has been sorted in Arlington. Now it is planned to sort the first-class mail in Arlington because there isn't room enough in the Lexington office. Mr. James said that if the Board makes an effort to have Lexington established as an independent of- fice, he would like to know if it will in fact provide any better service than the town now gets as a part of the Boston Postal Service. If it will not, he felt there was no point in doing it. 38.E Minutes Post Office 386 Contract Busa1:s box culvert J Mr. Adams said the subject should be studied and he could see no harm in supporting the Chamber of Com- merce. Mr. Stevens presented in triplicate Contract with Whitman & Howard, No. 1959-5, for engineering services in preparation of plana for the trunk sewer in Past Lexington from the intersection of Watertown Street and. Peacock Farm Road to the vicinity of Hutchin- son Road and Webster Road. Upon motion duly made and seconded, it was voted to sign the contract as prepared by Mr. Stevens. Mr. Stevens reported that, as instructed by the Board, he took up the subject of a municipal parking lot on Potters' land on Waltham Street with the Plan- ning Board. The impression he received was that the members of the Board are not in favor of it. They think this entire matter of parking in C-1 areas re- quires further study and are not prepared at this time to go along with any parking in that area. He said that the Board would have to take the subject up with the Planning Board directly. Mr. Stevens retired at 8:20 P.M. and Mr. Anthony Busa met with the Board. Mr. Busa said that the water situation on his farm has become a nuisance and caused a little damage. He said that tat August he intended to close the gap in Lillian Road subdivision, Section 5. He went to the Superintendent of Public Works, Mr. Carroll, and showed him what he intended to do. Mr. Carroll re- fused toapprove the plan be.c_Ilase the existing pipe is not sufficient to take care of what will happen ten or fifteen years from now. He said that until 1955 the brook was not what one would call a brook. He said it has a name, Munroe Brook, but no one knows how big it was, how deep or how wide. He said it never flooded before. There was a little water in the spring but during the summer, Mr. Reed used to cut one or two crops of hay. He said in 1954, after a rain storm, the water flooded cellars on Rawson Avenue and after the w ater disappeared, Mr. Burns sent a machine down there to widen the brook. He said he did not know who gave permission for the town to go onto private, property and widen the brook. Since the brook was widened, the water has been coming faster and more of it. He said there has been damage caused but he never made any complaint. Now he is complaining because of the 1 38 box culvert and does not feel responsible for the con- ditions. He said he would like to know what the Board intends to do about the box culvert. Mr. Carroll presented plans and explained that the culvert has to be large because it drains an area of 1200 acres. He stated that the problem is com- plicated because Mr. Busa must install a sanitary sewer which is the reason for the odd shape of the culvert. The sewer must go underneath it to connect to the NEC sewer on the other side. Mr. Buss wants the town to pay either part of the cost of the culvert or the entire cost. Mr. Adams asked if the culvert would be on top of the sewer and Mr. Carroll replied in the affirmative. Mr. Adams asked if Mr. Buss had to put the sewer in, and Mr. Carroll replied in the affirmative, stating that this is a subdivision. The Chairman asked if Mr. Buss would lose two lots and he replied that if the bro ck had never been widened, a-24" pipe would have taken care of the natural flow. He said the lots would be useless to him and Mr. Carroll agreed. He said he would give the Town an easement for those two lots. Mr. Carroll explained that the estimated cost of this subdivision, with the exception of the culvert, is $2420 per let. Dividing six into $9,000 for the culvert would be $1500 per lot. He said it will cost Mr. Buss about $4,000 a lot to build the subdivision. Mr. Buss explained that the Police, Fire and Public Works Departments and the school bus use this as a short-cut road, and the Town would derive more benefit from it than he will. The Chairman asked if Mr. Busa would pay for the construction of the street and everything that goes into it. Mr. Buses replied that he would pay for everything that is right. Mr. James raised the question of how much reimburse- ment the Board is willing to provide by virtue of the box culvert. Mrs. Morey asked about the width of Lillian Road and Mr. Busa replied that it is 40 feet wide. Mr. Busa retired at 8:45 P.M. Mr. Adams said that, for the benefit of the Town, he would be in favor of paying one-half of the approxi- mate cost of the culvert which Mr. Carroll estimated to be $9,000. He said he was going on the basis that the culvert does not necessarily benefit the developer. Mr. Carroll said that, analyzing the cost per lot, 3S$ J it would not be wise for Mr. Busa to try and develop the land. The Chairman said that an access from Lowell Street would increase the value of the property. Mr. Carroll said there are items to consider: one, is it to the Town's advantage for the road to go through; two, if the developer pays the entire cost of the culvert, the cost per lot is out of proportion of what he would want to gamble on; and three, the Town does not have any easement in the brook. Mr. Busa has lived there for many years, and this water has built up for many years. In'the case of Mark Moore, he purchased the land knowing the problem that was there. Mr. James said he would like to know, before determining what course to take, exactly what the Town's liability and rights are in these situations, and he would like to know from Town Counsel. Mr. Carroll said that by contributing to the cost, the Town may be establishing a precedent whereby someone else with a subdivision could have a similar problem. - Mr. James said that is the reason he would like to get the best opinion possible now. The Subject was discussed with the Planning Board later in the evening and. Mr. Soule said the Planning Board did not feel that the Town was ob- liged to help pay the cost of the culvert. Mr. Abbott explained that there did not seem to be any legal reason for the Town to take care of the water runoff, and if Mr. Busa wants to develop the land with the runoff, he must provide for it. Now the question is, is this road going to be valuable enough for the Town to make a contribution towards the cost of the culvert. He said the Planning Board is not prepared to make a statement now. The Chairman recalled that there had been dis- cussions of access across that area. Mr. Abbott said the Planning Board should look at it very closely because there are manyother areas in Town that will be very similar. He said the Plan- ning Board would look into it. Mr. Carroll reported that ME. Charles Williams has worked for the Town since 1930 and is presently out sidk. His sick leave ran out the week ending December 3 and hr. Carroll took the liberty of giving him one extra week. Mr. Williams is being treated for hemorrhoids and has a very poor attendance record, but he has been sick with pneumonia and an infected foot. When he is well, he comes to work but he is not a very healthy individual. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to pay Mr. Williams an ad- ditional week sick leave. Mr. Carroll reported that Mr. Spiris discussed with him the installation of a sidewalk in Burlington Street, and he would like to know if the Board definitely wants to include this in the budget. He said that, to build a sidewalk in Burlington Street, will regdre a layout of the street, and if it is to be laid out, he will have to put his men to work on it. He said the,.. street would not have to be constructed but there would have to be a layout. It was agreed to include an item in the budget for the sidewalk and also to have the street laid out. Mr. Carroll reported that lots 5 and 6 Eastern Avenue were owned by Manuel Souza and he converted lot 6 and part of lot 5 into one lot, C. He then purchased lot 7 from the Town with a restriction that no building shall be erected or placed on it ex- cept a garage or other building accessory to the principal building on lot C. Sewer and Water mains were installed, ana Mr. Souza inquired about abating the betterment on lot 7 because he cannot use it as a building lot. Mr. Carroll told him that this is appurtenant to lot C and in effect, is one lot and the betterment should remain. However, Mr. Souza has a house on Lot C and has water. It was agreed th,t Mr. Souza does not derive any betterment and the asseesment on Lot 7 should be abated. Mr. Carroll reported that he received a letter from Mr. Harold Toole, M.D.C., advising that a 36" water main is going up Pleasant Street and Concord Avenue. He said there is no quastion in his mind. but that funds definitely should not be requested under Chapter 90 this year for Concord Avenue. He recommended requesting $40,000 but $15,000 to be used to surface Winchester Drive with bituminous concrete. Mr. Carroll reported that Mr. Tropeano, of Larch- mont Engineering, suggested making snow for the Common in the event there was no snow at Christmas. The only expense to the Town would be for the water used. 389 Burlington Street side- walk and layout Souza water betterment Chapter 90 Snow 390 Snow Pole location Pole locations Swenson Be t t e me nt Assessment Food booth Mr. Carroll reported that Mr. Tropeano, of Larch- mont Engineering, suggested making snow for the Common in the event there was no snow at Christmas. The only expense to the Town would be for the water used. It was agreed that it would be an attractive decoration to have snow around the creche and the decorated Christmas tree. Upon motion duly made and seconded, to grant the petition and sign the order lowing j/o pole location: Bartlett Avenue, northwesterly mately 515 feet southwest Street, One pole. Upon motion duly made and seconded, to grant the petition and sign the order lowing j/o pole locations: Taft Avenue, southwesterly easterly from a point 110 feet southeast of Five poles. Taft Avenue, southwesterly easterly from a point 665 feet southeast of Six poles. Taft Avenue, southeasterly side, approxi- mately 145 feet northeast of Suther- land Road, -- One pole. it was voted for the fol - side approxi - of Pearl it was voted for the fol - side, south - approximately Ellis Street, -- side, south - approximately Ellis Street, -- The Chairman read a letter from Mr. Henning W. Swenson relative to a water betterment assessment in the amount of $3,321.00. Mr. Swenson would like to pay for the portion from Carroll Brothers' pro- perty to a point just past his house at #29 Allen Street and defer the remainder of the assessment. Mr. James explained thc..t if Mr. Swenson sets his house off on a single lot, the Board can then consider deferring the amount of the betterment on the remaining land. The Chairman read a letter from Mr. Spiris, advising that the Dad's Club had requested the School Committee to permit them to construct a permanent booth for the sale of hot dogs at the football games on the enclosed field at the Senior High School. 1 Due to the posA_ble changes that might take place in the area, the Board agreed that it would not be advisable to have such a booth erected at this time. The Chairman read a letter from the Town Cele- brations Committee, asking whether or not the Board wants the Committee to arrange for the Thanksgiving community service on a year to year basis or as a permanent project. It was agreed that the observance should be on a permanent basis. Application for a Certificate of Incorporation, on behalf of E. B. VanDusen, 3 Slocum Road, was re- ceived from the Secretary of State. Satisfactory character reference was received from the Chief of Police. Upon motion duly made and seconded, it was voted to sign the applicatioh. Notice was received from the Commissioner of Corporations and Taxation establishing the sum of $76,700 as the amount not less than which the 1960 bond of the Treasurer shall be written and the sum of $97,900 as the amount not less th-in which the 1960 bond for the Collector of Taxes shall be writ- ten. Upon motion duly made and seconded, it was voted to set the sum of $76,700 as the amount not less than which the 1960 bond of the Treasurer shall be written and to set the sum of $97,900 as the amount not less than which the 1960 bond of the Collector of Taxes shall be written. Upon motion duly made and seconded, it was voted to renew the following licenses: Pine Meadows Country Club Geoffroy's Pharmacy The 1775 House, Inc. The Lexington Inn, Inc. Howard D. Johnson Company Manhattan Restaurant Battle Green Inn The Lexington Inn Morris Motors Common Victualler 11 11 11 r, n » 11 11 ,1 ,1 11 11 Innkeeper 1st Class Agent The Chairman reported that Mr. Cataldo has re- ceived offers for the purchase of his land, formerly 391 Thanksgiving Cert. of Inc Bonds Licenses 392 Cataldo land for parking owned by the Boston & Maine Railroad, and he would like a letter from the Board stating whether or not the Town is interested in acquiring the property. He would like something in writing to show to other people interested in purchasing the property. Mr. Adams was in favor of a letter, and Mrs. Morey said she thought a letter properly worded would be all right. Mr. Ferguson said that such a letter might place the Town in the position of being liable to damages and he was opposed. The other members of the Board were in favor, the letter to be approved by Town Counsel. Mr. Carroll retired at 10:35 P.M. The'Planning Board met with the Selectmen at 10:35 P.M. and the recent decision handed down by the Superior Court in the appeal taken by the Plan- ning Board was discussed. The meeting adjourned at 10:55 P.M. A true record, Attest: ecutive Jerk Select 1 1 SELECTMEN'S METING December 21, 1959 A regular meeting of the Board of Selectmen was held in the Se-leatmen's Room, Town Office Building, on Monday, December 21, 1959, at 7:30 P.M. Chairman Maloney, Messrs. Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James arrived at the meeting at 8:10 P.M. Upon motion duly made and seconded, it Was voted to approve the minutes of the Selectmen's Meeting held on December 1L., 1959. Mr. Stevens referred to the subject of supplying water to the Air Force in Bedford. The Chairman..explained that he had received a call and expected a letter today in reply to the Board's letter of December 7. He was advised by C olonek Sexton that he felt authority has been given to negotiate. Apparently the subject has never been discussed with Colonel Richardson, Commander of the base, and he has set January 7, 1959 as a date to meet with the Board and discuss the subject. Mr. Stevens reported that -Mr. Toole, of the MDC, would like to discuss an agreement by the middle of the month. Mr. Carroll presented a plan and explained a proposed change in the route of the sewer for Itek, the change being for the purpose of avoiding the land owned by the United States government. He reported the difference in cost to be approximately $15,000 more. The Chairman said that he was not in favor of any change from the original plan. Mr. Stevens advised the Board that there should be something of an official nature to permit the Town to go through government-owned lend,'and explained that the government could, after the installation has been made, notify the town to remove the main within a specified period of time. The Chairman said he thought the property would be improved as a result of the installation, and Mr. Ferguson said that if a change is going to increase 293 Minutes Water supply to Bedford 394 Itek sewer location the cost by $18,000, he thought the Board should look into the original proposal first. Mr. Stevens explained that if some agreement is not arrived at on the water situation and the Town stops furnishing water, the Air Force may take the matter to court. He said it is possible that the government may take the view that the Town has a sewer line through its property, for which it has no easement, and notify the Town to remove it in three months. He said the Board must decide whether its water position is strong; if the water is shut off and the Air Force needs water very badly. He said as far as he was concerned, that be the procedure, but whatever decision is made, is the Board's decision. Mr. Carroll said that he was certain no easement would be obtained before the sewer is installed, and if the Board wants the sewer in for Itek, but not without an easement in hand, the sewer won't go in. After discussing the location of the sewer at the junction of Hartwell Avenue and Maguire Road, it -was voted to follow the original plan submitted by Mr. Carroll with the understanding that he is to contact the Commander of the base. Mr. Stevens retired at 8:140 P.M. Further consideration was given to Mr. Henning Swenson's request for deferment of water betterment assessments levied against property owned by him and located on Allen Street. Swenson Mr. Carroll reported that he talked to Mr. Swenson water bet- and advised him that the Board suggested that he es- torment tablish one lot on Allen Street upon which his house assessment is located. However, he would prefer not to do that. He wants to pay for 1{1x.0 feet along Allen Street and have the remainder deferred. Mr. Carroll was requested to have plans made clearly defining what portions of the betterments are to be deferred to be filed with the Assessors, Col- lector and Accountant. 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 $1,594.50 (1063.00 feet) and $1,066.50 (711.00 feet), without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. This deferment is made subject to Mr. Swenson paying $660.00 for 140.00 feet. 1 1 The Chairman read a letter from the Mystic Valley Gas Company relative to a proposed extension of a 2" high pressure gas main in Highland Avenue to supply gas to #31 Highland Avenue. Mr. Carroll said he would prefer not granting a permit there this year unless it is absolutely neces- sary. It was agreed to leave the matter to Mr. Carroll's discretion. The Chairman read a letter from Mr. Spiris relative to Mr. William Spiers request for the installation of a sidewalk on Lowell Street. Mr. Spiris investigated the situation with Mr. Cumming, principal of the Harrington School, and be- lieves the request to be reasonable. They therefore recommend construction of a sidewalk from Haskell Street along the east side of Lowell Street to Westminster Avenue. The subject is to be given further consideration when the 1960 sidewalk budget is discussed. The Chairman read letters from Mr. J. W. Donohue, 23 Baskin Road and Mr. Frank J. Gaziano, 18 Baskin Road, with further reference to the Town dump on Lincoln Street. Mr. Ferguson said that some of the recommendations made in Mr. Carroll's report, requiring no expenditure of funds, could be put into effect. Mrs. Morey suggested a charge of $1.50 per load starting January lst. Mr. Carroll explained that if he is going to have Dump enforcement as well as collection of fees, it will neses- sitate two men full time, and no funds will be available until April 1st. The Chairman asked who would have to pay for the use of the dump and Mr. Ferguson replied that all vehicles with a commercial license and he suggested a fee of $2.00. It was agreed to advise Mr. Donohue and Mr. Gaziano that the Board recognizes the problem and is studying it, but does not anticipate any change in location of the. dump in the immediate future. However, it will do what it oan to correct a health manace if any exists.. Mr. Carroll retired at 9:20 P.M. 295 Gas Sidewalk Upon motion duly made and seconded, it was voted to approve Mr. Stevens' bill for professional services Bill in the amount of $5,000. 396 The Chairman read a letter from the National Music and Radio Corp. Inc., advising that a request has been received from Clyde Hager and William Davies, partners Music of the Early Bird Doughnut Shop, 399 Lowell Street, for machine installation of a music machine. The Board felt that a coin music machine would encourage gathering of teenagers with possible undesirable results. The Chairman agreed to discuss the subject with the owners of the shop. The Clerk reported that the Dog Officer cams into the Selectmen's Office and explained that the County Commissioners would like a letter from the Board author- Dog izing them to pay Mr. LaRose, the second Dog Officer, Officer direct for dogs he destroys. Under the present system, he is paid by the Town and the Town is reimbursed by the County, but the money goes into the 33 and D and not the Dog Officer's budget. Upon motion duly made and seconded, it was voted to authorize the Commissioners to pay Mr. Eugene M. LaRosa (La Rose Kennels) direct for all dogs destroyed by him. The Chairman asked if the Board should or should not become involved in the Fire Department's request to purchase a second-hand truck, which was brought to the Board's attention. He' explained that the Commissioners want the truck essentially for snow removal. Mr. James said he does not approve purchasing second- hand equipment but if it is essentially for plowing snow, he would be in favor of it. Fire Depart- Mr. Adams said the truck to be purchased is ten went truck years old and he was opposed to a policy of purchasing second-hand equipment. Mr. James suggested asking Mr. Carroll if there would be any problem in swinging the plow into the Fire Department yavd every time it went up Bedford Street. He felt that if there is no problem, and all the Depart- ment needs the truck for is plowing snow, there is no need for it. The Chairman agreed to discuss the subject with Mr. Carroll. Mr. Adams said that as the budgets come in, pre- pared by the Department heads, he would like to run them in his paper as newstories. It was the opinion o7?her members of the Board that publishing the budgets as submitted would not serve any useful purpose and they were opposed. rp 1 The Board had no objection to the totals being pub- lished compared to other years. Letter was received from Senator William C. Madden, together with copy of a proposed formula for distribution of corporation income and meals taxes by the State to the Cities and Towns. It was agreed to refer the letter to Mr. Cronin for his comments. The meeting adjourned at 10:00 P.M. A true record, Attest: jClerkly cUt ive C ler Se le e n . Upon motion duly made and seconded, it was voted to grant the following licenses: Mary A. Rowland 150 Lowell Street Common Victualler Five Forks Spa 286 Lincoln Street e n Meredith Foods, Inc. 321 Woburn Street e n Colonial Garage, Inc. 1668 Mass. Avenue Mawhinney Motor Sales 581 Marrett Road 1st Class Agent n n n 397 398 SELECTMEN'S MEETING December 28, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 28, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon application of the Raytheon Company, Foundry Avenue, Waltham, for per - Fuel oil mission to maintain an underground tank for the storage storage of 20,000 gallons of #6 fuel oil on the premises lo- cated on Spring Street. Notice of the hearing was advertised in the December 17, 1959 issue of the Lexington Minute -man, and the abutters, according to theAssessora' list, were notified. No one was present at the hearing in favor of or in opposition to granting the permit. The application had been sent to Chief Engineer Bernard Belcastro and returned with his approval. Upon motion duly made and seconded, it was voted to grant a license to the Raytheon Company to maintain an underground tank for the storage of 20,000 gallons of #6 fuel oil. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/o pole locations: Hancock Street, in an island at the intersection of Burlington Street and North Hancock Street, -- One pole. (One existing j/o pole to be removed.) North Hancock Street, southerly side, easterly from a point approximately 55' east of Braemore Terrace, -- Three poles. (Three existing j/o poles to be removed.) North Hancock Street, southerly side, approximately 480' east of Braemore Terrace, -- One pole. (One existing j/o pole to be removed.) 1 Stevens Road, southwesterly side, approximately 90 feet southeast of Charles Street, -- One pole. Stevens Road, northeasterly side, northwesterly from a point approximately 100 feet northwest of Taft Avenue, -- Three poles. The Chairman read a letter from Mr. Wiliiam Roger Greeley, advising that the elm tree in his back yard, which the Town found to have Dutch Elm disease, can be removed at any time. Mr. Carroll reported that he has a standard form which was sent to Mr. Greeley last August, signed by him and returned, stating that he would have the tree taken down and the wood destroyed within two weeks from the date of the form. It was agreed to acknowledge Mr. Greeley's let- ter and to send him a copy of the statement which he signed last August. Mr. Stevens reported that he had prepared a taking order on the Itek sewer installation from Hartwell Avenue toMaguire Road. Mr. Carroll presented a letter from the U. S. Army Corps of Engineers advising that an immediate right -of -entry has been granted, pending the issuance of a formal easement for a right-of-way, to the Town for the installation, maintenance and repair of a sewer line within a strip of laid. 20 feet wide beneath the Government-owned spur track at LaurenceG. Hanscom Field, subject to certain conditions. Mr. Stevens said that the letter, signed by J.M. Geoghegan, Chief, Real Estate Division, certainly gives the Town permission to make entry. Upon motion duly made and seconded, it was voted to sign the Taking Order on the Itek sewer installation from Hartwell Avenue to Maguire Road in the following form: COMMONWEALTH OF MASSACHUSETTS 399 Dutch Elm disease Itek sewer taking order MIDDLESEX, as. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 28th day of December, 1959. it is 400 ORDERED: Whereas at a Town Meeting duly Calle d, warned and held on March 2, 1959, namely at an adjourned session thereof duly held on March 16, 1959, in accord- ance with the provisions of law applicable thereto, it was duly *VOTED: That the Selectmen be and they hereby are '_adthcrimed to install a sewer main or mains in such locations as the Selectmen may determine from the westerly side of the State Highway, Route 128, to the vicinity of Westview Street, subject to the as- sessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in additien thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other in- terest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $300,000.00, and to provide for payment thereof by the transfer of $50,000.00 from the Excess and Deficiency Account, the raising of 200,000.00 in -the current tax levy and the balance of 50,000.00 to be providAd 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 mum of $50,000.00 and issue bonds or notes of the Town therefor, to be.payable in accordance with this provisions of Chapter 44 of the General Laws, as amended, within a period not exceed- ing twenty years.", and WHEREAS the Selectmen have determined that in order to install the sewer main from the westerly side of the State Highway (Route 128) to the vicinity of Westview Street it is necessary that the sewer main 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 Sots in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, 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. follow- ing parcels of land situated in said Lexington and bounded and described as follows: Oma 1 1 1 401 Parcel One Beginning at a point in the northwesterly. side line of Hartwell Avenue, at land of the Boston $c Maine Railroad; thence running North 57° 52' 57" West by said Railroad land, distant 94.18 feet to a point; thence running by a curve to the right with a radius of 2070.66 feet by said Railroad land, dis- tant 77.61 feet to a point; thence turning and running South 17° 59' 20" West by said Railroad land, distant 1.97 feet to a point; thence turning and running by a curve to the right with a radius of 2072.56 feet by said Railroad land, distant 584.23 feet to a point; thence running North 39° 35' 57" West by said Rail- road land, distant 29.00 feet to a point; thence turning and running North 44° 00' 07" East, distant 20.13 feet to a point; thence turning and running South 39° 35' 57' East, distant 31.25 feet tp a point; thence running by a curve to the left with a radius of 2052.56 feet, distant 654.98 feet to a point; thence running South 57° 52' 57" East, distant 96.40 feet to a point in said northwesterly side line of Hartwell Avenue; and thence turning and running south 39° 06' 16" West by said side line of Hartwell Avenue, distant 18.24 feet to the point of beginning; all as shown and marked "18.10' Sewer Easement" and "20' Sewer Easement" on plan entitled "Plan of Sewer Easement from Hartwell Ave. To Maguire Rd. Lexington, Mass.", dated. December 22, 1959, John J. Carroll, Town Engineer, to be recorded herewith and a copy of which is to be an- nexed hereto and registered herewith. Parcel Two Beginning at a point in the northwesterly boundary of land of the Boston and Maine Railroad, which point is situated southeasterly and distant 0.37 feet from the northwesterly terminus of a curve having a radius of 2155.06 feet; thence running South 44P 00' 07" West, distant 233.36 feet to a point in the northeasterly_ side lint of Maguire Road; thence turning and running North 56 34' 38" West by said northeasterly side line of Maguire Road, distant 20.00 feet to a point; thence turning and running North 44° 00' 07" East, distant 235.80 feet to a point at land of the Boston and Maine Rgilroad; thence turning andrunning South 39° 35' 57" East by said Railroad land, distant 19.76 feet tb a _ point; and thence running by a curve to the left with a radius of 2155.06 by said ReLroad land, distant 0.'37 feet to the point of beginning; all as shown and marked "20' Sewer Easement" on the aforesaid plan. There is excepted.from said Parcel Two any portion 402 thereof that extends through land owned by the United States of America. And we do hereby also so take temporary construction easements, for use in constructing the sewer to be in- stalled in the permanent .7::easements hereinabove described, in the following strips of land in said Lexington; 1. A strip of land having a uniform width of 20 feet, as measured at right angles between the side lines, commencing at Hartwell Avenue and extending along and abutting upon the full lengths of the northeasterly and northwesterly boundaries of the permanent easement described as Parcel One, all as shown and marked "20' Construction Easement" on the aforesaid plan; 2. Two strips of land each having a uniform width of 20 feet, as measured at right angles between the side lines, abutting upon the permanent easement described above as Parcel Two and ex- tending from land of the Boston and Maine Rail- road to Maguire Road along the full length of both sides of said permanent easement, all as shown and marked "20' Construction Easement" on the aforesaid plan, but excepting therefrom any portions thereof that extend through land owned by the United States of America; and reference to the aforesaid plan is made and said plan is incorporated herein for a eomplete and detailed des- cription of said strips of land. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than one year from the date of this order. above Said rights and easements in the land included within 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 exer- cise 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 incont sistent with the use thereof for all of the purposes herein- 1 1 403 above 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 lidthin 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 cor- rectly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Unregistered Land Owner Lots as shown on aforesaid plan Ernest Reiss and Alfred M. Reiss Unnumbered parcels Charles A. Linehan Unnumbered parcels Registered Land Lots as shown on Certificate Owner aforesaid plan of Title Book Page Lexington Realty Unnumbered 96203 611 53 C brporation parcel 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 sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 28th day of December, 1959. /s/ William E. Maloney Raymond W. James Gardner C. Ferguson Ruth Morey Alan G. Adams Majority o e o of Selectmen. 404 Water sup- ply to Bed- ford Air Base Sidewalks Grove-Burl- ington.Sts. Sl we r COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 28, 1959 Then personally appeared William E. Maloney, Alan G. Adams, Gardner C. Ferguson, Raymond W. James and Ruth Morey, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 The Chairman read a letter from Robert C. Sexton, Colonel, USAF, Air Force Cambridge Research Center in Bedford, inviting representatives of the Town to meet with representatives of the Air Force on Janusz y 7, 1960 at 9:00 A.M., in the Conference Room, Room 233, Hanscom Field. The Chairman said that the previous meeting had been held in Lexington and he had no objection to going to Bedford. It was agreed to attend the meeting in Bedford. Mr. Carroll was requested tofind out who will be present at the meeting representing the Air Force and if necessary, Whitman & Howard will be requested to send a representative. The Chairman read a letter from Mr. Mitchell J. Spirts, Director of Administrative Services of the School Department,advising that a number of parents are concerned about the walking conditions at the Grove Street -Burlington Street approaches to the William Diamond Junior High School. The number one area on the School Department's list of priority for sidewalk construction is the area approaching the school, namely Hancock, North Hancock, Burlington, North, East, Grove, Hill and Revere Streets. Mr. Carroll reported that he has listed the side,- walks ide-walks in his budget for 1960. The Chairman read a letter from the Board of Health, advising that people in the Longfellow Road and Hawthorne Road area are having serious sewage problems, and re - 1 405 commended that every effort be made to provide a public sewer for this area. Mr. Adams said he would like more detail as to how many houses are involved and how many are having difficulty with present sewage disposal systems. Messrs. Stevens and Carroll retired at 8:00 P.M. The Chairman read a letter from the State Depart- ment of Public Works with reference to a regulation permit 8383, issued in July, 1958. An inspection showed that the regulation for the stop signs for Traffic northeast and southbound drivers on North Street at Rules and Adams Street is incorrectly worded. Orders 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 on October 15, 1935 and subsequent amendments thereto, be and are further amended as follows: By striking out in Article VIII, Section 11, the following description: Northeast and southbound drivers on North Street at Adams Street Ahticle VIII, Section 11, is further amended by adding the following new description: Northwest and southeast bound drivers on North Street at Adams Street. The Chairman read letter from Dr. Alfred Finck, 33 Bartlett Avenue, complaining about conditions pre- vailing at the property abutting his, and owned by Mr. Complaint Joseph Goodwin, Pearl Street. It was agreed to send a copy of Dr. Finck's letter to Mr. Irwin and request him to make an investigation and submit a report to the Board. The Chairman read a letter from the Board of Fire Commissioners, asking if the Selectmen would insert an article in the article in the warrant for a new aerial Warrant truck or advise the Commissioners if they should handle it. It was agreed to advise the Commissioners that the Selectmen would assume the responsibility of inserting an article in the warrant. The Chairman read a letter from the Board of Fire Commissioners, together with letter from Captain George 406 Glenn requesting retirement on Retirement as soon as possible. Upon motion duly made and to appoint Dr. Norman H. Boyer Panel to examine Captain Glenn. Parking disability, effective seconded, it was voted to serve on a Medical Letter was received from Mr. Snow, Planning Director, together with copy of letter sent to Mr. William L. Potter in regard to rezoning for parking purposes a portion of Mr. Potter's property on Waltham Street.- Mr. treet.Mr. James stated that from his own point of view, the Town needs a parking area in that particular lo- cation and this is an opportunity to acquire. the area. He suggested discussing the subject with the Planning Board at the earliest possible time, advise that the Selectmen want a parking area there and as far as they are able to determine, this is an available site; and would like to know immediately what the Planning Board has in mind so that the Potters can be advised. Mrs. Morey said she thought an ideal parking area would have an entrance from Marrett Road and one from Waltham Street. Mr. Adams said the Town needed a parking area but questioned if a parking area should be established for any one particular person. Mr. James explained that the Board -is not saying the parking area is needed for anyone, but saying this is the most available area. Mr. Ferguson stated that the Town has an opportunity to acquire land at no cost in the only possible area. Mr. James said he would like to know if the Planning Board has any other ideas in the area, and if not, what its opinion is. Mrs. Morey said to justify a parking area as a Town parking area, it should be for more than one building. The Chairman explained that Potters' thought was that the parking area would take care of -a building they propose to erect and would also take care of the busi- nesses already established in the area. Mr. Ferguson said it is the only land in the area that is available. Mrs. Morey said that if it is going to be a Town parking area, it should encompass all the lots, and she would like to see a layout of the area. The Chairman said he understood, from the discussion, that the parking lot would take the overall parking in the area and not isolate anyone. Mrs. Morey suggested that the owners of all the property should be included if the Boasdd discusses the subject again with the Potters. "27 1 1 407 It was agreed to ask the Planning Board to meet next Monday night with the Selectmen to discuss the subject further. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on Monday, January 21, 1959. Upon motion duly made and seconded, it was voted to grant the following licenses: William Revis, d.b.a. Countryside Pharmacy 317 Woburn Street Common Victualler I. W Douglas Co.-- 915A Waltham Street 1st Class Agent Licenses The Chairman reported that Mr. CarrollAbas agreed Snow to plow the Fire Station Driveway. Removal The Chairman reported that he contacted one of the owners of the Early Bird Doughnut Shop and asked how important it was to have an automatic music machine installed, and if it would pose a problem Music with, youngsters loitering around. The owner said he Machine would not permit them to loiter. He now has a radio, and feels that some type of music, other than a radio, would be better. He also said he could use the revenue from a coin machine. He agreed to discuss the subject further with his partner. The meeting adjourned at 8:35 P.M. A true record, Attest: e e tive,A lark Sele a